Court : Karnataka Dharwad
..... there was a partition between the deceased bapusaheb and his brother shantaram lengade. the document styled as memorandum of partition dated 05.01.1964 has not :19. : been acted upon by the parties. the suit properties have been all along treated by the plaintiffs, defendant no.1 and his other brothers except nandkumar, as joint family properties. they ..... would be entitled for an equal share in the joint family property in the notional partition. (see ilr1989kar2261 thus, in terms of explanation to sec. 6 of hindu succession act 1956, in the notional partition, bapu saheb, his wife, and sons would be entitled for an equal share in the joint family property. however, in view of our ..... both sons and daughters) would be entitled to 1/10th share.57. upon death of brahamalavati, who died intestate, in terms of sec. 15 of the hindu succession act, all children became entitled for 1/9th share each in properties held by her at the time of death.58. we have held that in view of relinquishment deeds .....
Tag this Judgment!Court : Karnataka Dharwad
..... as stated above there was a partition between the deceased bapusaheb and his brother shantaram lengade. the document styled as memorandum of partition dated 05.01.1964 has not been acted upon by the parties. the suit properties have been all along treated by the plaintiffs, defendant no.1 and his other brothers except nandkumar, as joint family properties. ..... for an equal share in the joint family property in the notional partition. (see ilr 1989 kar 2261) thus, in terms of explanation to sec. 6 of hindu succession act 1956, in the notional partition, bapu saheb, his wife, and sons would be entitled for an equal share in the joint family property. however, in view of our finding ..... both sons and daughters) would be entitled to 1/10th share. 57. upon death of brahamalavati, who died intestate, in terms of sec. 15 of the hindu succession act, all children became entitled for 1/9th share each in properties held by her at the time of death. 58. we have held that in view of relinquishment deeds .....
Tag this Judgment!Court : Karnataka Dharwad
..... of orders passed by this court in w.p. no. 5070/2007 and therefore the present contempt petition is preferred under section 15 of the contempt of courts act, 1971. the complainant has in the first instance approached the advocate general of the state and the advocate general in turn has granted permission to prefer this complaint ..... been granted. the defendants had entered appearance and filed an application for vacating the stay and thereafter had approached this court under section 12 of the contempt of courts act, 1971. it is in that background that a divisions bench of this court took exception to the conduct on the part of the accused therein. it cannot be ..... filed wherein the appellant was also a party for the following reliefs; (i) to hold the provisions of section 35a of the u.p. khadi and village industries board act, 1960 to be unconstitutional; (ii) to issue a writ in the nature of certiorari to quash the recovery certificates; and (iii) for direction in the nature of mandamus .....
Tag this Judgment!Court : Karnataka Dharwad
..... had been granted. the defendants had entered appearance and filed an application for vacating the stay and thereafter had approached this court under section 12 of the contempt of courts act, 1971. it is in that background that a division bench of this court took exception to the conduct on the part of the accused therein. it cannot be said ..... in violation of orders passed by this court in w.p.no.5070/2007 and therefore the present contempt petition is preferred under section 15 of the contempt of courts act, 1971. the complainant has in the first instance approached the advocate general of the state and the advocate general in turn has granted permission to prefer this complaint and ..... , bellary-583103.3. 4.5. ...accused (by shri s.s.yadrami, advocate.) this criminal contempt of court case is filed under section 15 of the contempt of courts act, 1971, praying to initiate the contempt proceedings against the accused/respondents 1 to 5 and take 3 action against provisions of contempt of courts .....
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..... or gambler or goonda or immoral traffic offender or slum-grabber that with a view to prevent him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do, make as order directing that such persons be detained. (2) if, ..... exceeding three months at any one time assumes significance in this regard. 10. the learned counsel would draw attention to the tenor of the corresponding section under the goondas act which is as follows: 3. power to make orders detaining certain persons.- (1) the state government may, if satisfied with respect to any bootleggers or drug-offender ..... sub-urban police station, hubballi, for the offences punishable under sections 341 and 384 etc., of the ipc, as well as section 66(1) of the information technology act, 2000. 3. further, it was the allegation of the respondents that a rowdy sheet was opened against the detenue as early as in the year 2004 before the .....
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..... employee, including a dispute regarding the terms of employment, working conditions and disciplinary action taken by a co- operative society (notwithstanding anything contrary industrial disputes act, 1947 (central act 14 of 1947)}; a claim by a co-operative society for any deficiency caused in the assets of the co- operative society by a member, past ..... no.2) as personal assistant by the second respondent (defendant no.1) was without any authority of law. it is their specific contention that neither the act nor the rules permit such an appointment and any appointment made in violation of rule 17 of the rules is unenforceable. therefore, the petitioner contended before the ..... or deceased employee of the society or between the society and any other co-operative society or a credit agency, if the dispute falls u/s70of the act civil courts have no jurisdiction to entertain any suit. therefore, it goes without saying that the first defendant being appointed as special officer by the bank, he .....
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..... section 5 of the indian limitation act, 1963, in order to enable the courts to do :13. : substantial justice to the parties by disposing of matters on merits . the expression sufficient cause employed by the ..... cause substantial justice. the same has not been done in the present case.18. the hon ble supreme court while considering the provisions of section 5 of the limitation act in the case of collector (la) vs. katiji, reported in 1987 (2) scc107has held that: the legislature has conferred the power to condone delay by enacting ..... decreed.6. against the said judgment and decree, the defendants filed appeal in r.a.no.124/13 along with the application under section 5 of the limitation act to condone the delay in filing the appeal, before the iii additional senior civil judge, hubli, who after hearing on the application for condonation of delay dismissed the .....
Tag this Judgment!Court : Karnataka Dharwad
..... enacting section 5 of the indian limitation act, 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 legislature is ..... cause substantial justice. the same has not been done in the present case. 18. the hon'ble supreme court while considering the provisions of section 5 of the limitation act in the case of collector (la) vs. katiji, reported in 1987 (2) scc 107 has held that: the legislature has conferred the power to condone delay by ..... decreed. 6. against the said judgment and decree, the defendants filed appeal in r.a.no.124/13 along with the application under section 5 of the limitation act to condone the delay in filing the appeal, before the iii additional senior civil judge, hubli, who after hearing on the application for condonation of delay dismissed the .....
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..... made by the defendants to deprive the compensation cannot be accepted and it is nothing but depriving the legitimate compensation to be paid to the plaintiffs. the act of the defendants to produce the additional evidence, at this belated stage, cannot be accepted which is just to avoid the compensation and absolutely no sufficient reason ..... subject to assessment of fault on board by the chief electrical inspector to government, government of karnataka as contemplated under the provisions of section 161 of the electricity act, 2003.22. admittedly in the present case, no such procedure has been followed by the defendants and they have not taken any measures nor produced any material ..... . taking into consideration all these facts, the appellate court has come to the conclusion that death of the deceased mainuddin was on account of negligence on the act of the department in putting the wire touching the trees.18. ex.p.4 is the postmortem report, which discloses that his death was due to cardio .....
Tag this Judgment!Court : Karnataka Dharwad
..... made by the defendants to deprive the compensation cannot be accepted and it is nothing but depriving the legitimate compensation to be paid to the plaintiffs. the act of the defendants to produce the additional evidence, at this belated stage, cannot be accepted which is just to avoid the compensation and absolutely no sufficient reason ..... subject to assessment of fault on board by the chief electrical inspector to government, government of karnataka as contemplated under the provisions of section 161 of the electricity act, 2003. 22. admittedly in the present case, no such procedure has been followed by the defendants and they have not taken any measures nor produced any material ..... . taking into consideration all these facts, the appellate court has come to the conclusion that death of the deceased mainuddin was on account of negligence on the act of the department in putting the wire touching the trees. 18. ex.p.4 is the postmortem report, which discloses that his death was due to cardio .....
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