Court : Karnataka
Reported in : 2003(4)KarLJ48
S.R. Nayak, J.1. This regular first appeal is preferred by the defendant in the suit and directed against the judgment and decree dated 20th October, 1997 passed in Original Suit No. 27 of 1993 on the file of the Court of the Civil Judge (Senior Division), Gadag.2. The respondents herein are the plaintiffs. They filed the above suit for partition of the suit schedule property by metes and bounds and for mesne profits.3. The case of the plaintiffs in brief is as follows:The father of the plaintiffs and the defendant had three sons and five daughters as reflected in the genealogy produced at Appendix A. The father of the plaintiffs and defendant expired on 16-12-1953 at the native place called Holealur Village. Before his demise, the father had performed the marriage of all his daughters except the youngest one by name Kumuda. The plaintiffs and the defendant together performed the marriage of Kumuda. At the time of the death of the father, the plaintiffs were minors and the defendant wa...
Tag this Judgment!Court : Karnataka
Reported in : 2002CriLJ3869; 2002(6)KarLJ481
..... made against the petitioner about violation of sub-rules (6) and (7) of rule 23 of the rules.5. the provision of section 72 of the standards of weights and measures act, 1976 declares that no court shall take cognizance of offence punishable under this act except upon the complaint made by the director or any authorised ..... of the commodity, for example, in the case of common salt, sodium chloride is the generic name; (c) the net quantity, in terms of the standard unit of weight or measure, of the commodity contained in the package or where the commodity is packed or sold by number, the number of the commodity contained in the package ..... chief metropolitan magistrate, bangalore. the inspector of legal metrology has filed a complaint against the petitioner for contravention of rules 4, 6 and 23(1) of the standards of weights and measures (packaged commodities) rules, 1977 (hereinafter referred as the 'rules'). the respondent on 26-4-1997 inspected the shop of one agarwal private limited at .....
Tag this Judgment!Court : Karnataka
Reported in : 2002(83)ECC393; 2002LC516(Karnataka); 2002(144)ELT506(Kar)
..... retail sale price. - (1) the central government may, by notification in the official gazette, specify any goods, in relation to which it is required, under the provisions of the standards of weights and measures act, 1976 (60 of 1976) or the rules made thereunder or under any other law for the time being in force, to declare on the package thereof the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR2235; 2002(3)KarLJ424
ORDERK.L. Manjunath, J.1. The short question involved in this writ petition is:Whether a person who has a privilege in a Government land known as kumkidar's privilege, has to be heard by the Tahsildar while granting permission under Section 90-A of the land Revenue Act, to lay the pipeline for the supply of water from one land to another2. The petitioners and the respondents are the close relatives. The 5th respondent filed an application before the Tahsildar, Puttur, under Section 90-A of the Karnataka Land Revenue Act, seeking permission to lay a pipeline through the Government land, namely Sy. No. 57/2 of Paduvannoor Village of Puttur Taluk.3. The said application was allowed. The respondent 5, has been permitted to lay the pipeline at a depth of 2l/a ft. from the ground level in Government land bearing Sy. No. 57/2, in order to supply the water to the land of the 5th respondent situated in Sy. No. 58/2A.4. The order of the Tahsildar was challenged by the petitioners herein by filin...
Tag this Judgment!Court : Karnataka
Reported in : 2001CriLJ4491; I(2002)DMC458; ILR2001KAR4657; 2001(6)KarLJ50
..... 's reasoning with respect to the genuineness of the document ex. p. 3 is quite incredible. the trial court states as follows.-'therefore, ex. p. 3 does not carries much weight. the contents of which though suggests that accused 1 was responsible for deceased shanthamma's untimely death, the spirit of that letter has lost all credibility due to its existence ..... and stated that ex. p. 3 is her handwriting. but he is an interested witness, being a close relative of p.w. 1. therefore, his evidence does not carry much weight to arrive at a conclusion that ex. p. 3 is in the handwriting of deceased shanthamma. further, the contents of ex. p. 3 shows that it is written in red .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2001KAR3816; 2001(5)KarLJ453
..... the plaintiff is that the provisions of the act are not applicable to his concern. when an enactment is made with the object of providing for enforcement of standard weights and measures and for the matters connected therewith, if any person violates the provisions of the enactment, he is liable for the consequences provided under the act. ..... is justified. on the basis of the pleadings the trial court has framed the following issues.--1. whether the plaintiff proves that the provisions of the karnataka weights and measures act is not applicable as the platform scale is not used for commercial or trade purpose?2. whether the plaintiff is entitled for damages?3. ..... in this appeal are referred to as arrayed in the trial court.2. the plaintiff-respondent firm has filed a suit for declaration that the provisions of karnataka weights and measures (enforcement) act, 1958 is not applicable to the platform scale held by its concern and for the consequential relief that the seizure of the platform .....
Tag this Judgment!Court : Karnataka
Reported in : [2000(86)FLR248]; 2001(3)KarLJ263
H.N. Narayan, J.1. The appellant filed an application before the Employees' State Insurance Corporation, Bangalore, under Section 75 of the Employees' State Insurance Act ('the Act' for short), to declare that the applicant is not obliged to pay Employees' State Insurance contribution on the packing charges paid to Tea Trading Corporation of India and to restrain the respondent from recovering a sum of Rs. 17,6857- being its contribution.2. It is the case of the appellant that the appellant is a company, engaged in blending and packing of tea having its factory at Bangalore. It employed 250 workmen at Bangalore and all of them are covered under the Act. The appellant has given the joh of packing of tea to an outside contractor. The Tea Trading Corporation of India which is a Government of India undertaking, unit at Coimbatore, was given contract for packing and despatch of tea. There is no supervision done by the appellant in regard to packing work done at Coimbatore. The appellant is ...
Tag this Judgment!Court : Karnataka
Reported in : AIR2001Kant77; ILR2001KAR2742; 2001(3)KarLJ266
..... as document no. 5 along with the petition.27. the petitioner's said letter given to the r.o. serves as a basic documentary material to test the character and weight of the allegations made in other sub-paragraphs (a), (b), (i), (1) and (m) of petition para 8. the said letter reveals that these allegations are an afterthought as invented .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR2409; 2000(5)KarLJ343
ORDER1. The land measuring 9,800 sq. ft., which is a part of Survey No. 122 of Kothanur village, was purchased by the petitioner under a registered sale deed dated 8th November, 1990 from one Sri B.A. Nagaraj for valuable consideration. This has made the petitioner to come to this Court to challenge the final notification dated 19-10-1994 issued under Section 19 of the Bangalore Development Authority Act (hereinafter referred to as 'Act'). The facts in this case are as follows: The B.D.A. had issued a notification dated 23-3-1988 under Section 17(1) and (3) of the Act, published in the Official Gazette dated 2-6-1988, proposing to acquire several lands for the purpose of implementing the scheme called J.P. Nagar, 8th Stage. The land in Survey No. 122 of Kothanur village was not included in the said notification. But, the B.D.A., issued an addendum dated 7-11-1990 published in the Gazette dated 15-11-1990, stating that while issuing the preliminary notification referred to above, certai...
Tag this Judgment!Court : Karnataka
Reported in : AIR2000Kant177; 2000(3)KarLJ152
ORDER1. Lands bearing Sy. Nos. 60/2 and 61 situated in Chowdapur Village in Bagalkot District belonged to the family of respondents 3 and 4. Respondent 5, who is an unlicensed money-lender, lent Rs. 25,000-00, got executed two sale deeds in his name and in the name of his daughter (respondent 6) on 20-10-1982 and 4-3-1982 towards security of the loan. The documents were presented before the 2nd respondent-Sub-Registrar for registration. The Sub-Registrar issued notices to respondents 5 and 6 vide Annexure-A and B stating that the market value indicated in the sale deeds do not reflect the current market value and calling upon them to show cause as to why the deficit stamp duty should not be collected. Ultimately, those notices became the subject-matter in W.P. Nos. 5046 and 5047 of 1986 filed by respondents 5 and 6 seeking to quash them. By an order dated 11-11-1993 the said notices were quashed and matter was remanded for fresh consideration. The father of respondents 3 and 4 challeng...
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