Court : Karnataka
..... the records, the investigation is completed and charge sheet has already been filed. the petitioner is in judicial custody for more than eight months. there are no specific overt acts alleged against the petitioner accused. as rightly contended by the learned counsel for petitioner that the question as to whether the petitioner is having illicit relationship and abetted the deceased ..... kadur police station, chikkmagaluru district for the offences punishable under ss. 302, 306 and 304 -b r/w sec.149 of ipc and ss. 3, 4 of dowry prohibition act. he is in judicial custody since last 8 months and hence he has filed this bail application under sec. 439 of cr.p.c. (3) the case of the prosecution ..... the file of the ii addl.dist and s.j., chikkamagaluru for the offence p/u/s 3048, 302 of ipc and sec.3 and 4 of the d.p.act.) l. narayana swamy, j. - (1) heard the learned counsel for the petitioner and the learned government pleader appearing for the respondent - state. (2) petitioner is accused no. 1 .....
Tag this Judgment!Court : Karnataka Dharwad
..... are entitled?" additional issues: "1. whether the referred dispute is an industrial dispute within the meaning of section 2 (k) or section 2 (a) of the id.act? 2. whether the reference is maintainable in view of the closure of the respondent establishment w.e.f.15.02.1997? 3. whether there is any industrial dispute, ..... the petitioner/'employees before the closure; that the dispute raised by the petitioners comes within the definition of industrial dispute as defined under. section 2 (k) of the act; that having closed the industrial unit, the benefit of the vrs should have been extended to the petitioners and even that has not been extended to them. the ..... on a claim being set up by the union, a reference was made to the labour court under section 10 (1) (c) of the industrial disputes act, (for short 'the act'). the reference was as to 'whether the employees were justified in demanding their reinstatement who have been terminated by the management by illegally closing the industrial unit?' .....
Tag this Judgment!Court : Karnataka
..... appellant assailing the impugned judgment and award would vehemently contend that the tribunal grossly erred in entertaining the claim under section 163-a of the motor vehicles act, 1988, ('act' for short), ignoring the negligence on the part of the deceased. the accident occurred due to the own negligence of the deceased, dashing against the ..... outcome of the criminal proceedings would not be binding on the civil court or the tribunal, more specifically, while awarding compensation under the provisions of the act. this view is further fortified by the judgment of the hon'ble supreme court in sinitha s case (supra). their lordships have categorically held that the ..... just compensation fastening the liability on the appellant- insurer which do not warrant any interference by this court. it was contended that section 163-a of the act being a special provision based on no fault liability and more particularly, two vehicles being involved in the accident, no negligence requires to be proved by .....
Tag this Judgment!Court : Karnataka Dharwad
..... government or any state government, including the government the state of jammu and kashmir. of the of thirty years when period limitation would begin to run under this act against a like suit a private person. by 8. the learned counsel for the revision petitioner contends that the bsnl is a government company as defined under section ..... judgment and order are a result of 6 crp no.250/07 misdirection in law inasmuch as the court ought to have invoked article 112 of the limitation act which provides for a limitation period of thirty years as against three years provided by residuary article 113. it is profitable to reproduce that text of article 112 ..... occupation : business, resident of patil galli, veerapur oni, hubli 580028 respondent (by sri.girish yadawad, amicus curiae) this crp is filed under section18of the small causes courts act against the judgment and decree dated in s.c.no.98/2003 on the file of the prl. civil judge (sr. dn.), hubballi dismissing the suit for recovery of money .....
Tag this Judgment!Court : Karnataka
..... appellant assailing the impugned judgment and award would vehemently contend that the tribunal grossly erred in entertaining the claim under section 163-a of the motor vehicles act, 1988, ( act for short), ignoring the negligence on the part of the deceased. the accident occurred due to the own negligence of the deceased, dashing against the ..... the outcome of the criminal proceedings would not be binding on the civil court or the tribunal, more specifically, while awarding compensation under the provisions of the act. this view is further fortified by the judgment of the hon`ble supreme court in sinitha s case (supra). their lordships have categorically held that the ..... just compensation fastening the liability on the appellant- insurer which do not warrant any interference by this court. it was contended that section 163-a of the act being a special provision based on no fault liability and more particularly, two vehicles being involved in the accident, no negligence requires to be proved by .....
Tag this Judgment!Court : Karnataka
..... daughters i.e., is respondents 2 to 5 therein made an application before the trial court claiming their share in the property after the state amendment in the 1956 act. the trial court, by its judgment and order dated august 24, 1989 rejected their application on the ground that the preliminary decree had already been passed and specific ..... sai reddy, during the pendency of the proceedings in the suit for partition filed before the trial court and prior to the passing of final decree, hindu succession act, 1956 was amended by the state legislature of andhra pradesh as a result of which unmarried daughters became entitled to a share in the joint family property. the ..... the parties in partition suit should be settled once for all and not in any other proceedings. further, it is made clear that section 6 of hindu succession act which has been amended by the parliament has brought about important changes in the law of succession but without affecting the special rights of the members of a .....
Tag this Judgment!Court : Karnataka
..... granted. this is how, new things were introduced during the pendency of lis before the drt and before the recovery officer. therefore, though section 52 of the tp act may not apply, but the principles of said section are certainly made applicable to the alleged transaction of attempted sale and the said transaction is hit by those ..... not sustainable. rule 51 of part-iii regarding attachment and sale of immovable property in schedule-ii laying the procedure for recovery of tax under the income tax act, 1961 reads as under: where any immovable property is attached under this schedule, the attachment shall relate back to, and take effect from, the date on ..... to the income-tax: provided that any reference under the said provisions and the rules to the assessee shall be construed as a reference to the defendant under this act. 29. the aforesaid provisions are under the special enactment which will prevail over the provisions of cpc.30. in k. basavarajappa vs. tax recovery commissioner, bangalore .....
Tag this Judgment!Court : Karnataka
..... by s.166(1)(c) of the act is intended to benefit the legal representatives. the basic question whether the claimants/applicants were dependant on the deceased is required to be answered with reference to the ..... of compensation on the occurrence of an accident, after due enquiry, in accordance with the statute. (underlined by me for emphasis) 11. under s.166 of the act, the condition precedent is that only a person applying should be a legal representative, falling within the definition under s.2(11) 11 of cpc, 1908. relief contemplated ..... claim application is filed by legal heirs of the deceased, who was not actually dependant on him. apex court, in the background of the relevant provisions of the act, held as follows: 15. judged in that background where a legal representative who is not dependant files an application for compensation, the 8 quantum cannot be less .....
Tag this Judgment!Court : Karnataka Dharwad
..... the court shall if it grants stay without requiring security, record its reasons for so doing." the underlined words and the proviso have been inserted by c.p.c. (amendment) act 104/1976.6. the learned civil judge after referring to a decision of the supreme court in shaukat hussain @ ali akrarn and others v. smt. bhuneswari devi (dead by ..... court of small causes judge and the execution is also pending before that court. even taking into consideration of the fact that the order passed under the karnataka rent control act has to be executed and is executable by a civil court, even then the requirements of order 21 rule 29, is not satisfied because the suit is pending before ..... order to hold that inherent power of the courts to stay proceedings in one more case cannot be exercised to defeat a decree or eviction order in violation of the act. under these circumstances also, sec. 151 cpc is also not available to the respondent-judgment debtor to seek stay of further proceedings in e.p. no.18/2012 .....
Tag this Judgment!Court : Karnataka
..... in view; the apex court in namdeo lokman lodhi vs. narmada bai, 1958 scr1009observed as under: in exercising the discretion (under section 114 of the transfer of property act) each case must be judged by itself; the delay, the conduct of the 7 parties and the difficulties to which the landlord has been put should be weighed against ..... of the court below. (e) added to the above, petitioner has filed application in form-7a seeking grant of the land under the provisions of the karnataka land reforms act, 1961; had 5 she been a scrupulous & sincere tenant, she would not have remained in arrears of rent for so many years; atleast after filing of the suit, ..... mutt declined to accept the tender of rental amount since 2009 stating that the land has vested in the state government under the provisions of the karnataka 4 land reforms act, 1961 and therefore petitioner cannot be found fault with; she also offered to pay rs.300/- being the arrears of rent plus interest accruing thereon, through a demand .....
Tag this Judgment!