Court : Karnataka Gulbarga
..... a reversion gets abolished as a consequence of the woman's estate being enlarged to full ownership where the limited owner "possessed" the property at the commencement of the act. in respect, however of property other than property to which this section applied by reason of its being "possessed" by her the position is different. as already ..... it is also undisputed that bhimbai lost possession in the suit properties in favour of mudgal rao and the defendants, even before coming into force of hindu succession act. that means when she lost possession of the suit properties she was not full or absolute owner of the suit properties and she had only limited interest in ..... with possession and having transferred the limited right that she could no longer lay claim to the same by virtue of section 14 (1) of the hindu succession act and therefore, on the death of bhimabai, the plaintiff as reversioner could recover possession of the properties. it is this premise which is sought to be canvassed and .....
Tag this Judgment!Court : Karnataka Gulbarga
..... a reversion gets abolished as a consequence of the woman s estate being enlarged to full ownership where the limited owner possessed the property at the commencement of the act. in respect, however of property other than property to which this section applied by reason of its being possessed by her the position is different. as already ..... it is also undisputed that bhimbai lost possession in the suit properties in favour of mudgal rao and the defendants, even before coming into force of hindu succession act. that means when she lost possession of the suit properties she was not full or absolute owner of the suit properties and she had only limited interest in them ..... with possession and having transferred the limited right that she could no longer lay claim to the same by virtue of section 14 (1) of the hindu succession act and therefore, on the death of bhimabai, the plaintiff as reversioner could recover possession of the properties. it is this premise which is sought to be canvassed and .....
Tag this Judgment!Court : Karnataka Gulbarga
..... we fully agree with the reasoning of the detaining authority, as approved by the government. 42. the perusal of the statement of objects and reasons of the goondas act reveals that it was enacted as the activities of certam anti-social elements like bootleggers, drug offenders, gamglers, goondas, immoral traffic offenders and slum grabbers have been ..... secretary, government of kerala and others reported in 1985 (supp) scc 144, which case fell for consideration under the conservation of foreign exchange and prevention of smuggling activities act, 1974, the hon'ble supreme court has this to say: "65. the principle is well-settled. but in this case it has to be borne in mind ..... already available to a detenu under article 22 (5). the legislature has, in fact, given effect to the constitutional right by providing in section 8 of the act that the detenu shall have the right of making a representation to the appropriate government." 11. he also relics upon the apex court judgment in the case of .....
Tag this Judgment!Court : Karnataka Gulbarga
..... are filed before this court seeking a writ of mandamus directing the authorities to initiate acquisition proceedings and pay compensation under the provisions of the land acquisition act, 1894. the case pleaded is right to property is constitutional right. the lands are taken away for information of roads, for irrigation projects, for construction ..... under section 17 where by invoking urgency clause possession has been taken before the acquisition proceedings are initiated. in such cases, compensation, under the land acquisition act, would be payable by virtue of the provisions of section 17. as in cases under section 17 compensation is payable interest may run from the date possession ..... vested in the reference court and the interpretation placed by the apex court on those statutory provisions. 7. the payment of interest under the land acquisition act is dealt with under two provisions. first provision is section 28. it reads as under: 28. collector may be directed to pay interest on excess .....
Tag this Judgment!Court : Karnataka Gulbarga
(prayer: this miscellaneous first appeal is filed under section 173 (1) of motor vehicles act, 1988 against the judgement and award dated 07.09.2007 passed in mvc no. 420/2007 on the file of the iii additional civil judge (senior division) and motor accident .....
Tag this Judgment!Court : Karnataka Gulbarga
..... weighment and it would have a telling effect on the degree of punishment that could be imposed having due regard to the weight of the substance, as the ndps act provides for a schedule, which prescribes the degree of punishment dependent on the weight of the substance involved. therefore, there is a failure in the charges ..... the proceedings and therefore, seeks to justify the judgment. 6. on these rival contentions, the prosecution seeking to contend that the requirement under section 42 of the ndps act is not mandatory is incorrect. the law as laid down by the apex court in karnail singh, supra, which has been consistently reiterated in dondusa namasa baddi, ..... by any person and taken down in writing that any narcotic drug or psychotropic substance or controlled substance in respect of which an offence punishable under this act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property or any document .....
Tag this Judgment!Court : Karnataka Gulbarga
..... the date of communication to him of the order of discharge, dismissal, retrenchment or termination or the date of commencement of the industrial disputes (karnataka amendment) act, 1987, whichever is later, apply, in the prescribed manner, to the labour court for adjudication of the dispute and the labour court shall dispose of such ..... delay. the tribunal has no authority to invalidate the reference, particularly when it has found that the order of termination violates section 25f of the industrial disputes act, 1947. 10. the counsel also relied upon decision of supreme court in ajaibsingh vs. sirhind co-op. marketing-cum-processing service society ltd, and another, ..... of the industrial dispute is a jurisdictional fact. absence of such jurisdictional fact results in the invalidation of the reference. for example, even under the income tax act, 1961 as it stood earlier, the income tax officer must have reason to believe escapement of income. this reason to believe is a jurisdictional fact, .....
Tag this Judgment!Court : Karnataka Gulbarga
..... fact that the criminal case is not maintainable does not take away the right of the claimants to seek compensation under the provisions of the motor vehicles act, 1988 (hereinafter referred to as the 'mv act', for brevity). the evidence of pws - 2 and 3 is categorical, in that, they have stated that they were passengers travelling in the auto rickshaw at the ..... (prayer: this miscellaneous first appeal is filed under section 173 (1) of motor vehicles act, 1988 against the judgement and award dated 16.05.2007 passed in mvc no. 143/2005 on the file of the civil judge (senior division) and motor accident claims tribunal, .....
Tag this Judgment!Court : Karnataka Gulbarga
..... no collection number collection date amount paid collection particulars ----------------------------------------------------------------------------------------------------------------- h) in view of the details (a) to (g) above whether section 64 vb of insurance act is complied with. the learned counsel for the appellant insurer was pointedly called upon to produce a fully worded contract relating to the farmers package insurance policy. ..... of liability limit of the amount of the company s liability under section ii-1(i) in respect of any one accident: as per motor vehicles act, 1988. limit of the amount of the company s liability under section ii-1(i) in respect of any one claim or series of claims arising ..... of the registration authority: r.t.office, r.t.o. geographical area india bijapur effective date of commencement of insurance for the purpose of the act from 00:00 o clock on 19/07/2003 to midnight of 18/07/2004 subject to imt endorsement printed herein/attached hereto:21. 48,36,24 .....
Tag this Judgment!Court : Karnataka Gulbarga
..... of a rape, requires voluntary participation, not only after the exercise of intelligence, based on the knowledge, of the significance and moral quality of the act, but after having freely exercised a choice between resistance and assent. submission of her body under the influence of fear or terror is no consent. there ..... . legal consent, which will be held sufficient in a prosecution for rape, assumes a capacity to the person consenting to understand and appreciate the nature of the act committed, its immoral character, and the probable or natural consequences which may attend it." in people vs. perry, 26 cal. app. 143, it was observed ..... referred to in words and phrases, permanent edition volume 8a at page 205 have held "that adult female's understanding of nature and consequences of sexual act must be intelligent understanding to constitute 'consent'. consent within penal law, defining rape, requires exercise of intelligence based on knowledge of its significance and moral quality .....
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