Court : Karnataka Dharwad
..... proviso attached to this section relaxes this requirement in case of a document, not being a will, but has been registered in accordance with the provisions of the registration act, 1908 unless its execution by the person by whom it purports to have been executed, is specifically denied. 22.2. these statutory provisions, thus, make it incumbent ..... form of attestation would be necessary.22. it cannot be gainsaid that the above legislatively prescribed essentials of a valid execution and attestation of a will under the act are mandatory in nature, so much so that any failure or deficiency in adherence thereto would be at the pain of invalidation of such document/instrument of ..... does not make any difference in proving execution of the will. the will might have been registered, but that does not prove the intention, willingness and voluntary act on part of the testator to execute the will and bequeathed the property in favour of dw.1. proof of execution of will is a component of proving .....
Tag this Judgment!Court : Karnataka Dharwad
..... to 20.12.2004, since they are saved by the proviso to sub-section (1) of the section 6 of the hindu succession act, 1956 as amended. any dispossession or alienation made prior to 20.12.2004 cannot be called into question even after judgement of the ..... vineeta sharam s case (supra) would have to be applied taking into consideration the statutory requirements of section 6 of the hindu succession act. 16.22. in the present case the sale of 3 acres 33 guntas having occurred by a registered sale deed prior to amendment coming ..... said section shall effect any dispossession or alienation made before 20.12.2004. 16.14. prior to the amendment of section 6 of the act, a women did not have an individual right to the property and it was only the sons who had a share. 16.15. ..... the year 1982 by way of a registered sale deed prior to the amendment of section 6 of the hindu succession act, 1956 as amended in the year 2005 coming into force, the said transaction is thus saved by proviso to sub- section (1) .....
Tag this Judgment!Court : Karnataka Dharwad
..... alleged violation are both contested and uncertain and remain 51 uncertain till they are established at the trial on evidence. the court, at this stage, acts on certain well settled principles of administration of this form of interlocutory remedy which is both temporary and discretionary. the object of the interlocutory injucntion, it ..... the lower appellate court and restored the decree passed by the trial court modifying that plaintiffs therein are entitled for damages for the obstruction caused to upadhivantas acting on behalf of plaintiffs as archakas and also in collecting perquisites incidental to archakas. sri s. s. naganand, learned senior counsel for respondents urged that ..... ought to have filed a suit for declaration to establish their pooja rights and without seeking declaratory reliefs as per section 41 of the specific relief act, have filed the suit for bare injunction which is not maintainable before the trial court and consequently, considering of ia.i filed by plaintiffs does .....
Tag this Judgment!Court : Karnataka Dharwad
..... alleged violation are both contested and uncertain and remain 51 uncertain till they are established at the trial on evidence. the court, at this stage, acts on certain well settled principles of administration of this form of interlocutory remedy which is both temporary and discretionary. the object of the interlocutory injucntion, it ..... the lower appellate court and restored the decree passed by the trial court modifying that plaintiffs therein are entitled for damages for the obstruction caused to upadhivantas acting on behalf of plaintiffs as archakas and also in collecting perquisites incidental to archakas. sri s. s. naganand, learned senior counsel for respondents urged that ..... ought to have filed a suit for declaration to establish their pooja rights and without seeking declaratory reliefs as per section 41 of the specific relief act, have filed the suit for bare injunction which is not maintainable before the trial court and consequently, considering of ia.i filed by plaintiffs does .....
Tag this Judgment!Court : Karnataka Dharwad
..... in exercise of its jurisdiction under article 162 of the constitution of india would be subservient to the recruitment rules framed by the state either in terms of a legislative act or the proviso to article 309 of the constitution of india. it has been further held that, a purported policy decision issued by way of an executive instruction cannot override ..... w.a.no.2060/2006, by making reference to r.6(4), it was held as follows: "in our considered opinion, the above rule is not attracted to the f acts of this case at all. if the authorities had overlooked the qualification the applicant already possessed at the time of his appointment and also ignored the representation of the applicant .....
Tag this Judgment!Court : Karnataka Dharwad
..... original assessment, both deemed and 18 scrutiny was five years from the end of the tax period, as per the provisions of sec.40(1)(a) of the kvat act, 2003. by act no.12 of 2011, the words four years was substituted w.e.f. 01.04.2011. at the same time, the proviso to sub sec. 1 of sec. ..... of limitation. the faa holding that re-assessment made was barred by limitation, allowed the appeals. in view of amendment brought to section 40 (1) of the kvat act by act no.54/2013 with effect from 01.04.2005 and the constitutional validity of the said amendment being upheld by this court in the case of ciftech solutions supra, the ..... the addl. commissioner to revise the said order, the same being not erroneous nor prejudicial to the interest of the revenue, the faa has followed the provisions of the act as it stood during the relevant period. the impugned reassessment proceedings were initiated by the prescribed authority by issuing notice in vat275 without jurisdiction. the assessment period 2005-2006 .....
Tag this Judgment!Court : Karnataka Dharwad
..... badami, dist. bagalkot. (by sri. siddappa s. sajjan, adv. for r1 sri.jagadish patil, adv. for r2) ... respondents :2. : this mfa is filed under section301)(a) of the workmen compensation act against the judgment and award dated3009/2008 passed in wca.nf.no.284/2007 on the file of the labour officer and commissioner for workmen compensation, bagalkot, awarding compensation of ..... .70,000/- for medical expenses. in view of the injuries sustained by the claimant during his employment, he filed a claim petition under section 22 of the workmen s compensation act, claiming compensation of rs.4,00,000/- along with interest at the rate of 18% per annum from the respondents.6. after service of notice, the 2nd respondent insurer has .....
Tag this Judgment!Court : Karnataka Dharwad
..... or even writ jurisdiction under article 226 of the constitution. assessing authorities exercising the statutory powers of imposing penalties would therefore do well to act fairly and objectively and let not their exuberance in collection of taxes overtake their onerous obligation of discharging their statutory powers along judicial lines ..... - - - - - - in strp no.1005/2013 between: shree renuka sugars ltd., a company incorporated under the companies act, 1956, having its registered office at bc105 havelock road, camp, belgaum-590001. represented by its officer-legal, mr. sanjeev s/o prahlad kulkarni. ...petitioner (by shri. sangram ..... , (recovery)-i, belgaum. ...respondent (by shri. c.s.patil, government advocate) -:2. :- this strp is filed under section 23(1) fo the karnataka sales tax act, 1957, praying to set aside the order dated 10.10.2012 passed by the karnataka appellate tribunal, bangalore in sta no.2197/2011 by allowing this revision.-. - - - .....
Tag this Judgment!Court : Karnataka Dharwad
..... after final declaration is published under section 19 of the bangalore development authority or under section 19 of the karnataka urban development authorities act, 1987. by relying on the said sections, learned counsel for the petitioner would submit to this court that the respondent 8 no.2 having issued ..... is concerned, the same is not tenable. learned counsel appearing for the petitioner would place reliance on section 4 of the karnataka land (restriction on transfer) act, 1991. placing reliance on section 4, he would submit to this court that the restriction on land owner to deal with the property would arise only ..... preliminary notification is of the year 2007, there is absolutely no progress in issuance of final notification under section 19 of the karnataka urban development authorities act, 1987. the petitioner also claims that since the respondent no.2 has failed to issue final notification within the reasonable time, the impugned notification issued under .....
Tag this Judgment!Court : Karnataka Dharwad
..... revision or even writ jurisdiction under article 226 of the constitution. assessing authorities exercising the statutory powers of imposing penalties would therefore do well to act fairly and objectively and let not their exuberance in collection of taxes overtake their onerous obligation of discharging their statutory powers along judicial lines. ample support ..... liberty to file an appeal. 9. petitioner preferred appeal before the joint commissioner of commercial taxes (appeals), belgaum, under section 20(5) of the kst act. the appellate authority, having considered the explanation for not paying the purchase tax in respect of purchase of sugarcane by the four units, regard being had ..... new acquisitions of the petitioner-company. according to the petitioner, the purchase of sugar cane liable to tax under section 25-b of the 'kst act' at the rate prescribed was declared in the returns of turnover filed declaring the quantity of sugar cane purchased from growers both within and outside the .....
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