Court : Karnataka
Reported in : ILR1991KAR918; 1991(1)KarLJ424
..... karnataka civil services (revised pay) rules, 1976, which came into force on 1st january 1977. these rules were applicable to state government employees; therefore the state government by order no. hma 1173 mlr 76 dated 31st may 1976 accorded sanction for adopting the revised pay scales by the municipal corporations in the state subject to the condition that 'the pay of ..... 29-9-1980 and 18-11-1980 the pay of the staff of this office is refixed in accordance with the iind schedule sanctioned by the government under order no. hma 1173 mir 76 dated 20-7-1977. they should draw their pay and allowance as shown in the enclosure less already drawn subject to audit. they should give an undertaking .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR824
..... although the said section is not in terms applicable to the present acquisition proceedings, we are of the view that the above provision in the delhi development act contains a wholesome principle which should be followed by all development authorities throughout the country when they acquire large tracts of land for the purposes of land development ..... exercise of such powers as are actually conferred by, or may reasonably be deduced from, the language of the statute. thus a company incorporated under the companies act is bound by the objects listed in its memorandum of association, for it is incorporated for the purposes set out in the memorandum. the company can make ..... in rasal bai v. bangalore development authority, : ilr1989kar2299 held as follows:'the lands were acquired by the state government under the relevant provisions of the bda act and not by the bda. the proceedings for acquiring these lands could be dropped only by the state government and not by the bda. under the scheme of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR3630; 1992(1)KarLJ89
..... and extent of proof that is required in order to prove sub-letting has been considered with reference to the provisions of section 13 of east punjab urban rent restriction act, 1949. it is observed in the said decision that while considering the nature of initial onus thrown on the landlord to prove sub-letting, the courts must not ..... or strained as to make it impossible or extremely difficult for the landlord to get a decree for eviction. such a course would defeat the very purpose of the act which affords the facility of eviction of the tenant to the landlord on certain specified grounds. this appears to us to be the general scheme of all the rent ..... the finding recorded by the trial court that a single eviction petition was maintainable does not call for interference in this revision petition filed under section 50(1) of the act. by way of reply, sri b.v. acharya, submitted that the explanation that rents for the ground floor and the first floor were fixed separately and were received as .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR3556; 1992(1)KarLJ589
..... mr. dhanuka, learned counsel for the appellants, that in the event the other awardees who were awarded paltry sums by the award under section 11 land acquisition act, do not refund sums withdrawn, the appellants are prepared to refund and/or deposit the said sums. therefore, we conclude that on the ground of delay the ..... lands have accepted the compensation because in industrial development & investment co. pvt. ltd. v. state of maharashtra it is stated thus:'...the state itself which has acted illegally and without jurisdiction cannot plead that it should be allowed to retain the sum awarded in its favour by the land acquisition officer. respondent 5 who is ..... in the village chawadi. on 14-5-1982 copies of the said notification were served on the appellants. thereafter the statutory enquiry under section 5a of the act was held. the advocate appeared on behalf of the objectors and put forth several objections. those objections were overruled. thereafter section 5a enquiry report was sent on .....
Tag this Judgment!Court : Karnataka
Reported in : [1993]77CompCas97(Kar); ILR1992KAR1262; 1992(2)KarLJ614
..... mentioned in the petition as well as in the prayer portion of the petition. the contention of the petitioners is that section 155 of the companies act is wide enough to enable the petitioners to seek rectification of the register of members of the first-respondent company pertaining to other members other than the ..... , and, therefore, non-compliance with the requirements prescribed thereunder make the instrument not duly stamped and, therefore, it shall not be received in evidence, registered or acted upon. 42. of course, with regard to this illegality, it is the contention of sri jayaram, learned counsel for respondents nos. 3 to 6 that respondents ..... petitioners except the fourth petitioner; therefore, no injustice would be caused to the parties if the court declined to exercise the jurisdiction under section 155 of the act. accordingly, the learned company judge dismissed the petition keeping it open to the petitioners to establish their right, if any, by resorting to any other remedy. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR1504; 1992(3)KarLJ96
..... and dyavasandra villages in bangalore north taluk, the notification was published in the official gazette on 24-2-1977. the final notification under section 19 of the act dated 2-8-1978 acquiring the land for the purposes of the scheme was published in the official gazette on 31st august 1978, awards were passed on various ..... commissioners were pending consideration at the relevant time. however, it transpires that the 1st respondent-authority in pursuance of the scheme prepared under section 17 of the act had sought the acquisition of these lands by the impugned notifications. the grievance of the petitioners is that they were not aware of the scheme nor were ..... belonging to them on the ground personal to them i.e. that they were not served with the notice as required under section 17(5) of the act, but while allowing the writ petitions, the court quashed the entire final notification and the preliminary notification regarding acquisition which covered 1,334 acres 12 guntas of .....
Tag this Judgment!Court : Karnataka
Reported in : 1994(1)ALT(Cri)303; 1993CriLJ2554; ILR1993KAR1331; 1993(2)KarLJ54
..... there is little to shock the conscience if he is punished for his transgression. the community, not unnaturally, resents that any of its members should do an act which it has forbidden in public interest and criminal justice, which is but that resentment of the community universalised, is not basically founded on unreason. in its ..... according to this witness, the appellant has developed psychopathic condition with certain fixed ideas known as obsession and he was not in a position to understand the acts committed by him and its natural consequences. according to this witness, after the appellant joined his parents and an atmosphere was created conducive to normalcy, he ..... regn. no. aay 3440. after subjecting the revolver for ballistic expert and after obtaining order from the deputy commissioner to prosecute the appellant under the indian arms act, he submitted a charge sheet on 9-11-1981. 10. the records of the trial court disclose that, initially, charges were framed on 23-11-1982. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1994Kant12; II(1993)DMC274; ILR1993KAR2212; 1993(2)KarLJ599
..... court. the relevant paras of the judgment are extracted hereunder:'section 13-b is introduced into the statute book by means of the marriage laws (amendment) act, 1976. it permits, for the first time, dissolution of a hindu marriage by mutual consent of parties, provided the parties have been living separately after ..... be fruitful. in thecircumstances the only alternative is to consider whether it is permissible to grant divorce by mutual consent.11. before the hindu marriage (amendment) act, 1976, the relationship between wife and husband concerned was one of a sacrament. but, by 1976 amendment the rigidity in continuing the relationship is liberalised. the ..... viz., decree of divorce.5. in support of their rival contentions, counsel appearing for both sides addressed their arguments. as required under the hindu marriage act efforts were made by the courtto bring about re-conciliation. both parties are educated and capable of understanding the effect of dissolution upon their children. the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR2605; 1994(3)KarLJ378
..... , shall vest absolutely in the state government and the state government shall, subject to the provisions of the mines and minerals (regulation and development) act, 1957 (central act no. 67 of 1957), have all the powers necessary for the proper enjoyment or disposal of such rights.'as noted earlier, this amended provision is ..... any lands whatsoever, shall vest absolutely in the government, and the government shall, [subject to the provisions of mines and minerals (regulation and development) act, 1948 (central act liii of 1948)], have all the powers necessary for the proper enjoyment or disposal of such rights:provided that- (1) nothing in this section ..... , and mr. justice dodakalegowda, supra.5. by way of historical fact, it may be noted that when karnataka state was formed under the states' reorganization act, 1956, various areas belonging to the erstwhile mysore state, erstwhile madras state, erstwhile hyderabad state and erstwhile bombay state and coorg were amalgamated and that resulted .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR1665
..... sale has become unenforceable being barred by limitation, the appellant is entitled to the protection to retain possession under section 53-a of the transfer of property act. these observations are more in support of the stand taken in the two division bench decisions of this court referred to already. again, the division bench ..... of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that the contract, though required ..... in the direction of the existence of contract and evidencing implementation or performance of contract. there must be a real nexus between the contract and the acts done in pursuance of the contract or in furtherance of the contract and must be unequivocally referable to the contract.'there is nothing in the contract relating .....
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