Judgment Search Results Home > Cases Phrase: the bombay court of wards act 1905 Court: karnataka Page 1 of about 40 results (0.049 seconds)

Ramappa Kadappa Konnur Vs. Sangappa Parappa Kavalli

Court : Karnataka

Reported in : ILR1987KAR3488

..... the management of the lands continued after merger with the bombay state, under the provisions of the bombay court of wards act, 1905, and for all purposes of this appeal (as also in the connected appeals) court of wards is referred as under the said bombay act (for convenience referred hereinafter as 'court of wards act').4. ..... viewed from the object of the court of wards act and that of the provisions of section 88 of bombay act of 1948 it cannot be said that the phrase 'subsisting tenancy' in the proviso to section 88, refers to a tenant inducted by the court of wards during the course of its management, unless the said tenant pre-existed by induction as a tenant by the title-holder earlier to the take over of management by the court of wards.44. ..... the point for consideration is, whether a person inducted as a tenant by the court of wards in 1943 during its period of management of the lands, can claim the status of a tenant under the bombay tenancy act and whether said status continues to confer on such a person a right to get registered as an occupant under section 45 of the land reforms act, on release of the lands from the management of court of wards in 1958.16. .....

Huvappa Mahadev Mense Vs. Land Tribunal

Court : Karnataka

Reported in : ILR1987KAR2797; 1987(2)KarLJ327

..... as the aforesaid two sons of the deceased nilkanthappa were minors, the estate of the deceased including the lands in question were taken under the management of the court of wards by the order dated 27-2-1938 issued by the chief of kurundwad state, under the provisions of the bombay court of wards act, 1905 (the provisions of which appear to have been adopted by the erstwhile state of kurundwad ..... the state of mysore, on the attainment of majority by sangappa nilkanthappa potdar, passed an order dated 17th october 1988 withdrawing the superintendence of the court of wards under : section 40(2)(a) of the bombay court of wards act, 1905 and directed restoration of the properties in question to ..... the land tribunal rejected the application on the grounds that it was not proved that the petitioner was cultivating the lands in question as a tenant at the time when the court of wards assumed the management of the lands in question in the year 1938; that he came to cultivate the lands in question only during the management of the court of wards, and therefore, in view of the provisions of section 88 of the bombay act 67/48 as amended by bombay act 13/56, and section 108 of the land reforms act the lands in question did not vest in the state government and as such the petitioner was not entitled to be registered as an ..... in 1968, when the management was withdrawn by the court of wards, bombay act itself was not in force, by virtue of the land reforms act, which came into force on 2-10- .....

Deputy Commissioner and Court of Wards Vs. Ishwari Bai and ors.

Court : Karnataka

Reported in : ILR1985KAR1423

..... theundisputed facts are that the suit properties belonged to sardar mahaboob alikhan and they were handed over to the court of wards under the bombay court of wards act, 1905(hereinafter referred to as the 'act'). ..... is the plaintiff's suit bad for want of notice under section 31 of the bombay court of wards act ?5. ..... the learned additional civil judge has come to the conclusion that the amounts paid by the plaintiffs to the defendant must be regarded as rents paid by the plaintiffs and accepted by the defendant as such; much more so when the defendant had not produced any register admittedly maintained by him showing the amounts received by the defendant and that the fact that the defendant has accepted rents from the plaintiffs would fall within the ambit of the words 'with the approval of the court of wards' occurring in section 37(1) of the act. ..... that the amount paid by various plaintiffs to the defendant even after the death of navaz khatoon bi did not constitute rent but was by way of compensation for actual occupation of the properties and that navaz khatoon bi was not competent to lease out these properties to the plaintiffs when the court of wards saddled with the management of the properties in view of section 37(1) of the act and further that notice under section 31 of the act was mandatory and the same having not been issued prior to the institution of the suits, the suits .....

Channabasappa Gurappa Belagavi and Others Vs. Laxmidas Bapudas Darbar ...

Court : Karnataka

Reported in : 1999(1)KarLJ216

..... bombay tyres international limited, supra, after considering the earlier full bench decision of this court in the case of sri ramakrishna theatres limited v general investments and commercial corporation limited and in the light of the decision of the supreme court in the case of sri lakshmi venkateshwara enterprises, supra, has held that the provisions of the rent control act would operate de hors the contract and the landlord is entitled to seek eviction of the tenant under the provisions of the act even before the expiry of the term fixed in the lease. ..... judge, after careful consideration of the several terms in the lease deed and more particularly the stipulation regarding the renewal of the lease; the agreement having been made binding on the heirs, executors, administrators, successors and legatees under the will of both the lessor and the lessee; that the right of the lessor is only to receive the rent and the lessee being allowed to continue to enjoy the leasehold property as long as he wishes; and the option was only given to the lessee to surrender the lease without there being a corresponding ..... 19 dated 1st of march, 1905 referred to by the learned district judge in paragraph 12 of his order, which read as hereunder:'the period of lease is 99 years, and the rent reserved is rs. ..... 146 to 153, situated in ward no. .....

C. Jabbarchand and ors. Vs. C. Oliver and anr.

Court : Karnataka

Reported in : AIR1965Kant117; AIR1965Mys117; (1964)2MysLJ417

..... in in re shivlal rathi, 40 ind cas 207 : (air 1917 bom 239(2)) the bombay high court considered the meaning of the words 'payment in full' occurring in section 21 of the presidency towns insolvency act, which corresponds to s. ..... that section reads :'where, in the opinion of the court, a debtor ought not to have been adjudged insolvent, or where it is proved to the satisfaction of the court that the debts of the insolvent have been paid in full, the court shall, on the application of the debtor, or of any other person interested, by order in writing, annul the adjudication and the court may, of its own motion or an application made by the receiver or any creditor, annul any adjudication made on the petition of a debtor who was, by reason of the provisions of sub-section (2) of section 10, not entitled to present such petition. ..... most of the decisions of the indian high courts have relied upon the decision in in re keet, (1905) 2 kb 666 where section 35 of the bankruptcy act, 1883, came up for discussion. .....

The Divisional Superintendent (Works), Southern Railway, Mysore Vs. St ...

Court : Karnataka

Reported in : [1981]48STC33(Kar)

..... ' the provisions of the bombay sales tax act which were considered by the supreme court in the raipur manufacturing company's case : [1967]1scr618 are in pari materia with the definitions of the words 'business' and 'dealer' contained in the act prior to 1st april, 1976. ..... ' the supreme court held that the sale of scrap and other discarded material by the raipur manufacturing company was not liable to tax under the provisions of the bombay sales tax act, as such sale could not be considered as sale in the course of its business. ..... dayananda, the learned counsel appearing for the railway department, contended that the sale of cinder and scrap material by the railways was not in the course of its business and, therefore, the sale price realised by the sale of such waste and unwanted materials resulting from the operation of the railways is not exigible to tax under the provisions of the act. ..... vanaja, the learned counsel appearing for the state, submitted that the sale of cinder and scrap material by the railways was incidental to the commercial activity carried on by the railways and, therefore, should be considered as part of its business and, therefore, the sale proceeds are exigible to tax under the provisions of the act. .....

Society of Sisters of Charity Vs. Karnataka State Council for Child We ...

Court : Karnataka

Reported in : ILR1991KAR3543

..... , voluntary organisation doing the very same thing which the first applicant as well as the council is doing that the system of using guardian and wards act for the purpose of ultimate adoption has been in vogue for a long time in the erstwhile state of bombay and province of bombay, later followed by the supreme court and the delhi high court. ..... for this very same reason, though we came aware of the duties cast on the state government, in all such matters which may come before the court in this state, it would be better if the court having jurisdiction under the guardian and wards act or any other law issues not only notice to the voluntary organisations, but also to the state which has wider interest in the citizens who cannot speak for themselves. ..... the court, as is apparent from the facts stated in the order dated 26th february, 1990, records that the application was filed by the petitioners-applicants under section 7 of the guardians and wards act, 1890 (hereinafter referred to as the act) apparently with the ultimate object of adopting the child in question. ..... section 7 of the guardian and wards act, 1890 reads as follows:-'7(1) where the court is satisfied that it is for the welfare of a minor that an order should be made - (a) appointing a guardian of his person or property or both, or(b) declaring a person to be such a guardian, the court may make an order accordingly. .....

Society of Sisters of Charity St. Gerosa Convent and Others, Etc. Vs. ...

Court : Karnataka

Reported in : AIR1992Kant263

..... , voluntary organisation doing the very same thing which the first applicant as well as the council is doing that the system of using guardian and wards act for the purpose of ultimate adoption has been in vogue for a long time in the erstwhile state of bombay and province of bombay, later followed by the supreme court and the delhi high court. ..... for this very same reason, though we became aware of the duties cast on the state government, in all such matters which may come before the court in this state, it would be better if the court having jurisdiction under the guardians and wards act or any other law issues not only notice to the voluntary organisations, but also to the state which has wider interest in the citizens who cannot speak for themselves. ..... 7, section 7 of the guardians and wards act, 1890 reads as follows:'7 (1) where the court is satisfied that it is for the welfare of a minor that an order should be made - (a) appointing a guardian of his person or property or both, or (b) declaring a person to be such a guardian, the court may make an order accordingly. .....

High Court Of Karnataka Vs. Shri C.m. Manjunath

Court : Karnataka

..... to be sued in any civil court for any act done or ordered to be done by him in the discharge of his judicial duty, whether or not within the limits of his jurisdiction: provided that he at the time in good faith, believed himself to have jurisdiction to do or order the act complained of; and no officer of any court or other person, bound to execute the lawful warrants or orders of any such judge, magistrate, justice of the peace, collector or other person acting judicially shall be liable to be sued in any civil court, for the execution of any warrant or order ..... he also relied upon another decision of a division bench of the bombay high court in the case of nilesh c. ..... in view of the reasons which we have already recorded, we concur with a view taken by the bombay high court.24. ..... it will be necessary to make a reference to the decision of the bombay high court in the case of nilesh c. ..... he relied upon a decision of a division bench of bombay high court in the case of e.s. .....

Rachagouda Gurusiddappa Patil Vs. Kamabai and ors.

Court : Karnataka

Reported in : AIR1963Mys21

..... (2) no order of the mamlatdar, the tribunal, the collector or the bombay revenue tribunal or the state government made under this act shall be questioned in any civil or criminal court.explanation: -- for the purposes of this section, a civil court shall include a mamlatdar's court constituted under the mamlatdars' courts act, 1906. ..... it would, therefore, appear that if in a matter filed in a civil court a question did .arise which if it has arisen in proceedings instituted under the provisions of the bombay tenancy and agricultural lands act, 1948, it would be the duty and the function of the mamlatdar to decide, the jurisdiction of the civil courts to decide or deal with that question cannot be regarded as barred. ..... presented under the provisions of the bombay tenancy and agricultural lands act, 1948.a question of considerable importance which arises for decision in these civil petitions is whether an application by a landlord for a declaration that his opponent who claims to be his tenant is not his tenant is maintainable under the provisions of the aforesaid act.the answer to this question depends upon the interpretation of section 70 of the aforesaid act and it is seen that conflicting views have been expressed by this court on that matter.we, therefore, refer the following question .....