Court : Karnataka Dharwad
..... it is capable of removing injustice and is capable to do so. the legislature has conferred the power to condone delay by enacting section 5 of the limitation act of 1963, in order to enable the courts to do substantial justice to the parties by disposing of matters on merits . the expression sufficient cause employed by the ..... impugned judgment passed by the first appellate court, it appears that, though the appeal is dismissed holding that i.a.iv filed under section 5 of the limitation act is rejected, the learned judge has considered the aspect of maintainability of the appeal also. the court before which an application will be filed under section 5 of ..... dragging the matter unnecessarily and :8. : harassing the plaintiff. he has also contended that in view of the provisions of section 12 of the hindu adoptions and maintenance act, 1956 (78 of 1956), the appellant is not entitled to any share in the properties. therefore, he sought to dismiss the appeal.11. this court while admitting the .....
Tag this Judgment!Court : Karnataka Dharwad
..... their suit in os 364/2004, the copy of the plaint is marked as exhibit d-3. in any event, with the coming into force of the kvoa act, the bho act stood repealed, village offices were abolished and the land held by virtue of office, stood resumed by the state, this included the watan lands, such as the suit ..... 9/1969, they had become owners of the suit property and other properties mentioned therein. those proceedings had however, abated with the coming into force of the karnataka rent act, 1999. kyatanagouda patil having died, his legal representatives are said to have then filed civil suits in os 364/2004 and os 365/2004, seeking recovery of possession. ..... bearing no.366 was regranted, kyatanagouda patil had initiated eviction proceedings against defendant no.17 in respect of the said property, under the provisions of the karnataka rent control act, 1961. it is said that the present plaintiff and defendants no.1 to 4 had got themselves impleaded and took up a defense that in terms of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... in their suit in os3642004, the copy of the plaint is marked as exhibit d-3. in any event, with the coming into force of the kvoa act, the bho act stood repealed, village offices were abolished and the land held by virtue of office, stood resumed 71 by the state, this included the watan lands, such ..... and defendant no.17 had been dismissed as barred by time and the said decree, having become final and binding between the parties, section 27 of the limitation act, 1963 applied, thereby extinguishing their right in the suit properties. this position is clearly admitted by all the parties including defendants 5 to 16. even defendant no. ..... os91969, they had become owners of the suit property and other properties mentioned therein. those proceedings had however, abated with the coming into force of the karnataka rent act, 1999. kyatanagouda patil having died, his legal representatives are said to have then filed civil suits in os3642004 and os3652004, seeking recovery of possession. it is during .....
Tag this Judgment!Court : Karnataka Dharwad
..... the hon ble supreme court in the case of kerala state electricity board vs. chinamma antony reported in air2008sc32651while considering the provisions of the electricity act and the telegraph act, for determination of compensation for loss of diminution in land value on account of drawal of electricity lines over property, has held that the ..... kambarganavi villages and the respondent corporation situated at kaiga narendra transmission line and erected the tower transmission line by issuing notices under the indian telegraph act, 1885. they also enquired about the consent of the petitioners and the petitioners have given the consent for erecting the tower transmission line in ..... clubbed together and disposed of by this common order.4. the petitioners claimants filed applications under section 16(3) of the indian :12. : telegraph act, 1885 read with section 151 of the code of civil procedure, 1908 for compensation for use of their lands for erecting electrical tower and transmission line .....
Tag this Judgment!Court : Karnataka Dharwad
..... constitution of india with the avowed object and intention of strengthening the local self-governance both at the village and district level. sir charles metcalfe, the acting governor general of india from 1835 1836, on the functioning of the village panchayats made during the 19th century recorded that the village communities are ..... kambarganavi villages and the respondent corporation situated at kaiga narendra transmission line and erected the tower transmission line by issuing notices under the indian telegraph act, 1885. they also enquired about the consent of the petitioners and the petitioners have given the consent for erecting the tower transmission line in their ..... cases are clubbed together and disposed of by this common order. 4. the petitioners claimants filed applications under section 16(3) of the indian telegraph act, 1885 read with section 151 of the code of civil procedure, 1908 for compensation for use of their lands for erecting electrical tower and transmission line .....
Tag this Judgment!Court : Karnataka Dharwad
..... in view of the specific reference to service tax and the benefit allowed to a service provider, read with the fiction created by section 68(2) of the finance act, 1994, this court is of the opinion that there is no ground to disagree with the judgment and reasoning of the punjab and haryana high court in nahar industries ..... 36,051/- and demanding recovery of cenvat credit of rs. 22,31,610/- along with interest and it was also proposed to impose penalty under section 76 of the finance act , 1994 read with rule 15(3) of cenvat credit rules, 2004. the assessee had replied to the show cause notice. the adjudicating authority vide order-in-original no. ..... was the revenue's contention that the assessee is a deemed provider of services only for the limited purpose of discharging service tax liability. it was opined that the act of the assessee of taking credit of service tax paid on gta services and reutilizing the same for payment of service tax on gta services is not tenable. accordingly .....
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..... is entitled for possession and accordingly, the suit came to be decreed.29. the hon ble supreme court while considering the provisions of articles 64 and 65 of the limitation act, in the case of state of haryana vs. mukesh kumar and others, reported in (2011) 10 scc404 holding illegal acquisition of land by state authorities, by way of adverse possession ..... . therefore the said ex.p-1 made by the surveyor during the course of official business is valid in view of the provisions of section 114 of the indian evidence act.25. it is also not in dispute that dw- 1/defendant admitted in the cross-examination that he came to know about the encroachment made by him in the plaintiff .....
Tag this Judgment!Court : Karnataka Dharwad
..... is entitled for possession and accordingly, the suit came to be decreed. 29. the hon'ble supreme court while considering the provisions of articles 64 and 65 of the limitation act, in the case of state of haryana vs. mukesh kumar and others, reported in (2011) 10 scc 404, holding illegal acquisition of land by state authorities, by way of adverse ..... . therefore the said ex.p-1 made by the surveyor during the course of official business is valid in view of the provisions of section 114 of the indian evidence act. 25. it is also not in dispute that dw-1/defendant admitted in the cross-examination that he came to know about the encroachment made by him in the plaintiff .....
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..... as a religious denomination within the meaning of article 26 of constitution of india and accordingly to declare that karnataka hindu religious institutions and charitable endowments (amendment) act 2011 (karnataka act 27 of 2011) and rules 2002, can have no application to hindus and their right to establish, manage and administer their own religious charitable institutions; c) ..... considered the law laid down by the apex court with regard to the interpretation of article 25 and 26 of the constitution of india in the following decisions: (1) bal patil and another vs. union of india, air 2005 sc 3172, (2) dr. ramesh yeshwant prabhoo v. prabhakar kashinath kunte, air 1966 sc 1113, (3) ..... (5) dr. ramesh yeshwant prabhoo v. prabhakar kashinath kunte, air 1966 sc 1113, (6) pannalal bansilal vs. state of andhra pradesh, air 1996 sc 1023, (7) bal patil and another vs. union of india, air 2005 sc 3172, and (8) m.p. gopalakrishnan nair vs. state of kerala, air 2005 sc 3053. the contention of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... wp84805 868/2011, wp721572012 and wp8079680822/2013 and wp656482011:- 48 a) to declare that the karnataka hindu religious institutions and charitable endowments (amendment) act 2011 (karnataka act no.27 of 2011) as discriminatory, violative of constitutional rights, unconstitutional and strike down the same in its entirety; b) alternatively, to declare ..... and another, air1966sc1119 (5) dr.ramesh yeshwant prabhoo v. prabhakar kashinath kunte , air1966sc1113 (6) pannalal bansilal vs. state of andhra pradesh, air1996sc1023 (7) bal patil and another vs. union of india, air2005sc3172 and 65 (8) m.p.gopalakrishnan nair vs. state of kerala, air2005sc3053 the contention of the writ petitioners ..... laid down by the apex court with regard to the interpretation of articles 25 and 26 of the constitution of india in the following decisions : (1) bal patil and another vs. union of india, air2005sc3172 68 (2) dr.ramesh yeshwant prabhoo v. prabhakar kashinath kunte, air1966sc1113 (3) commissioner of wealth .....
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