Court : Karnataka
..... ignoring the statutory dispensation. (emphasis supplied) it is therefore, prudent for a judge to not exercise discretion to allow judicial interference beyond the procedure established under the enactment. this power needs to be exercised in exceptional rarity, wherein one party is left remediless under the statute or a clear ..... every aspect of arbitration. the legislative policy in consolidating all the laws relating to domestic arbitration, international commercial arbitration, enforcement of foreign arbitral awards is aimed at ensuring not only speedy disposal of arbitration cases but also timely execution of the awards. ..... by the arbitration and conciliation act, 1996 which is based on the united nations commission on international trade law (uncitral) the model law on international commercial arbitration, which is broadly in conformity with the rules of arbitration of international chamber of commerce. this act is a self contained code dealing with .....
Tag this Judgment!Court : Karnataka
..... ignoring the statutory dispensation. (emphasis supplied) it is therefore, prudent for a judge to not exercise discretion to allow judicial interference beyond the procedure established under the enactment. this power needs to be exercised in exceptional rarity, wherein one party is left remediless under the statute or a clear ..... every aspect of arbitration. the legislative policy in consolidating all the laws relating to domestic arbitration, international commercial arbitration, enforcement of foreign arbitral awards is aimed at ensuring not only speedy disposal of arbitration cases but also timely execution of the awards. ..... by the arbitration and conciliation act, 1996 which is based on the united nations commission on international trade law (uncitral) the model law on international commercial arbitration, which is broadly in conformity with the rules of arbitration of international chamber of commerce. this act is a self contained code dealing with .....
Tag this Judgment!Court : Karnataka
..... and planned developments. we are of the view that in the absence of a clear and manifestly vicious attitude on the part of the petitioners being established, as the motivation for filing the writ petitions, court should not non-suit them, as otherwise, the much needed public action in this field of ..... been paying heavy price for the same. economically affluent people and those having support of the political and executive apparatus of the state have constructed buildings, commercial complexes, multiplexes, malls, etc. in blatant violation of the municipal arid town planning laws, master plans, zonal development plans and even the sanctioned building ..... where construction is unauthorised. this dicta is now almost bordering rule of law. stress was laid by the appellant and the prospective allottees of the shops to exercise judicial discretion in moulding the relief. such discretion cannot be exercised which encourages illegality or perpetuates an illegality. unauthorised construction, if it is .....
Tag this Judgment!Court : Karnataka
..... excluded by (or) repugnant to the context be deemed to include its successors, executors, administrators and assigns) of the other part. whereas owners are desirous of constructing a commercial complex consisting of cellar, stilt + 5 floors in the land admeasuring 841 sq.yds situated in sy.nos. 70 part and 71 part of madhapur village, 11 serilingampally ..... with the consultants of the project and engineer will be final and binding on the engineer. (emphasis added) the work was for the purpose of construction of a commercial complex of five floors and the salary of the engineer the second respondent for execution of the work in terms of the agreement was negotiated to be `2/- ..... and one person is identified by my driver as ganesh nayak from basthi in street no.8. mr.srinivas worked 15 as engineer in construction of our ongoing commercial building which is owned by my wife smt. k.rajyalakshmi and mr.sreedhar rao and the building is under construction at madhapur. when we found out that mr .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1992Kant347; ILR1992KAR1660; 1992(2)KarLJ659
..... a presumption in his favour that the said instrument was made for consideration. this presumption shifts the burden of proof in the second sense, that is, the burden of establishing a case shifts to the defendant. the defendant may adduce direct evidence to prove that the promissory note was not supported by consideration, and, if he adduced acceptable evidence, ..... evidence act. the phrase 'burden of proof' has two meanings : one the burden of proof as a matter of law and pleading and the other the burden of establishing a case; the former is fixed as a question of law on the basis of the pleadings and in unchanged during the entire trial, whereas the latter is not ..... 2) kar lj 202, the cheque was drawn in the name of the defendant. the plea of the defendant was that the plaintiff always used to sit in the shop of the defendant and sometimes he was carrying on his money lending business by issuing cheques to his borrowers. as the plaintiff was not conversant with the writing of cheques .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR2510; [1988]70STC321(Kar)
..... the question whether entry of the wool belonging to the appellants into the limits of the notified area committee, was with the object of converting it into a different commercial commodity. the supreme court, therefore, remanded the matter to the high court to make a fresh order in the light of the evidence to the produced by the ..... petitioner in the writ petitions. the petitioner's only argument against the levy is, unless the machinery is used-up by the dealer or is converted into a different commercial commodity, it does not attract the charging section used the act. and on the facts of the petitioner's case, it is argued, the mere entry of ..... brought into the local area of davanagere certain industrial machinery for the purpose of job-works, viz., for repairing of machines and re-conditioning of engines in his auto-machine-shop in davanagere. 3. the 2nd respondent-the assistant entry tax officer, no. 4, sub-circle, davanagere, issued a proposition-notice in form no. 8 to the petitioner .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR3556; 1992(1)KarLJ589
..... the act makes the declaration by the government that the land is needed for a public purpose conclusive, if on the facts and circumstances of a given case it is established that there has been colourable exercise of power, the acquisition notification is liable to be struck down.' (somavanti v. state of punjab - : [1963]2scr774 , and ..... context it is necessary to add that though the learned attorney-general at first hinted that he would raise a legal contention that even if mala fides were established against the chief minister still the impugned orders could not be set aside, he did not further pursue the matter, but proceeded, if we may say so ..... by them to the general public. in the complex to be built, the ground floor portion abutting the main road shall be invariably built for commercial purposes to locate services and shops.the managing director, kstdc, stated that they do not have the necessary finances available to deposit with the deputy commissioner for acquisition of land and .....
Tag this Judgment!Court : Karnataka
Reported in : [1994]79CompCas868(Kar); ILR1992KAR3329; 1992(4)KarLJ490
..... act. that similarly mere dissatisfaction of the petitioner also cannot constitute oppression as defined under section 397 of the act; that the petitioner has failed to establish that the first respondent-company or the second respondent has been guilty of illegal or unlawful acts continuously so as to warrant the presumption of mismanagement; ..... of credit with the canara bank, appointment of technical director, mr. b. s. n. rao, approval of accounts up to march 21, 1976, decisions as to commercial production, execution of lease deed, selling of a band saw, purchase of air-conditioners, shifting of registered office, receipt of jig boring machine, acquisition of a height ..... of managing the entire production department of the first respondent-company and that he would effectively replace mr. khanapure by virtue of his experience in the shop floor; that on these representations, the second respondent agreed to co-opt the petitioner to the board; and one share held by khanapure was transferred .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR39
..... an extent of 5 acres 24 guntas in sy.nos. 6/1 and 6/2 of dasarahalli and to carry on business as builders and developers of flats, shops, commercial complex and other types of buildings, dealers in real estate, therefore it is contended that the deal was settled between respondent-4 and smt. shobha makhija and tallam ..... point of time this respondent has brought any pressure or undue influence on anybody much less on the 2nd respondent. the petitioner has produced no evidence whatsoever to establish his self serving statement.6) it is submitted that the allegations have been falsely and deliberately made because of political motivation to malign this respondent. the writ petition ..... for recording a finding thereon. in para 92 of the judgment, the supreme court has held thus:'secondly, we must not also overlook that the burden of establishing mala fides is very heavy on the person who alleges it. the allegations of mala fidea are often more easily made than proved, and the very seriousness of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR587
..... addressed letter dated 18-9-84 to the excise commissioner. in paragraph 6 of the said letter, the secretary stated thus :'6. the process of establishing bottling plants at different places would inevitably involve financial outlays and time. there are no details forthcoming regarding the credit worthiness of these individuals who are to ..... rights are freedom from indigency, ignorance and discrimination as well as the right to a healthy environment, to social security and to protection from financial commercial, corporate or even governmental oppression. more and more frequently the conferment of these socio-economic rights and imposition of public duties on the state and other ..... the excise commissioner while calling for applications to submit tenders should issue a notification containing the particulars such as the name or names of shops or groups of shops of liquors to be disposed of, the period of lease etc. rule 15 of the rules provide that the deputy commissioner on the divisional .....
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