Court : Karnataka
Reported in : 1976(1)KarLJ464
..... according to the custom and practice of the suit mutt as disclosed in the evidence, the installation ceremony requires the person who performs the, function of the acharya to put his leg on the head of the disciple ring the abhisheka and thirtha being sprinkled on the 'vatu' to render him purified and fit to receive the maheswari manthra, which is to be whispered in his ears, as part of the ceremony of initiation to the high order, of a guru and to take up the responsibilities of a guru. ..... he was not a celibate at that time, also on the ground that shankaraiah was the son of banajigar woman and was therefore disqualified to officiate at the installation ceremony; that it is not proved that the will executed by shivalingiah was genuine and was executed when he wag of a sound disposing state of mind; but it came to the conclusion that the suit is barred by the provisions of the bombay public trust act and dismissed the suit an that account though it held in favor of the plaintiff on the other issues in the case.6(d). ..... 9 got possession of the suit properties on 27-1-1940 by virtue of the decree in his favor in his suit no. ..... in (1940) 45 mys hcr 311 (muniamma v. ..... 32 and 33/1940. .....
Tag this Judgment!Court : Karnataka
Reported in : 2000(1)KarLJ224
..... the statement of objects and reasons as given in the arbitration and conciliation bill, 1995, read as follows:'the law on arbitration in india is at present substantially contained in three enactments, namely, the arbitration act, 1940, the arbitration (protocol and convention) act, 1937 and the foreign awards (recognition and enforcement) act, 1961. ..... it states that the act of 1940 which contained the general law of arbitration has become outdated. ..... (3) a person referred to in sub-section (1) shall have powers to regulate and control the traffic in accordance with the provisions contained in chapter viii of the motor vehicles act, 1988 on the national highway forming subject-matter of such agreement for proper management thereof. 64. ..... kasturi lal lakshmi reddy's case, supra, in which the order of state of jammu and kashmir sanctioning supply of crude oil to the respondents was challenged on the ground that the order had been passed without advertisement or inviting tenders, while rejecting the contention it was observed:then, it was contended on behalf of the petitioners that the state government had acted arbitrarily in selecting respondents nos. ..... it is widely felt that the 1940 act, which contains the general law of arbitration, has become outdated. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR4953; 2001(2)KarLJ411
..... even under the old act (arbitration act, 1940), the position was no different having regard to section 3 read with clause 7 of the first schedule to the old act. 10. ..... contemplates a full-fledged arbitration covered by the arbitration act'.the supreme court while noting the distinction between a 'preventor of disputes' and an 'adjudicator of disputes' extracted with approval the following illustration from hudson on 'building and engineering contracts' (11th edition, volume ii, para 18.067) to show that it was not an arbitration clause as the duties of the engineer were administrative and not judicial: 'an engineer shall be the exclusive judge upon all matters relating to the construction, incidents and the consequences of these presents, ..... and of the tender specifications, schedule and drawings of .....
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Reported in : II(1987)ACC1; AIR1989Kant104
..... section 110-aa provides that, notwithstanding anything contained in the workmen's compensation act, 1923, where the death of or bodily injury to any person gives rise to a claim for compensation under the workmen's compensation act, the person entitled to compensation may claim such compensation under either of those acts, but not under both.in this case, claimants did not initiate and prosecute any remedy under the workmen's compensation act, 1923. ..... in the normal fatal accident case, the damages ought as a general rule, to be split into two parts: (a) the pecuniary loss which it is estimated the dependants have already sustained from the date of death up to the date of trial ('the pre-trial loss') and (b) the pecuniary loss which it is estimated they will sustain from the trial onwards ('the future loss.').2. ..... the sums so deposited, it would appear, had been withdrawn by the claimant-, during the pendency of the proceedings before the tribunal sri ramachandra rao says that in view of this withdrawal, the claimants must be held to have claimed compensation under the workmen's compensation act, 1923 and that, accordingly, the claim petition under s. ..... ramachandra rao, learned counsel appearing in support of the appeal, assailed the award under appeal contending,(i) that the finding of the tribunal that the accident was owing to the driver's negligence is erroneous;(ii) that the amount awarded is excessive;(iii) that the claim was barred under s. ..... bosch ltd, (1940) ac 412. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2005Kant33; 2005(1)KarLJ150
..... the respondents could not challenge legality or validity of the said will'.14.7 in the case on hand, the primary relief is against the defendant and that therefore the non-joinder of the sons would not come in the way of affecting the case of the plaintiff in the given circumstances.14.8 in the light of these judgments and in the given circumstances, it cannot be said that the decree cannot be enforced against other persons as rightly argued by sri naganand, learned senior counsel. ..... this judgment is not available to the respondent because in the case on hand, the ownership issue is not decided only on the order passed by the earlier tenancy court but on the entire earlier material on record including the supportive material of the tenancy court order.11.2 state of himachal pradesh v. ..... in deciding whether the acts, alleged by a person, constitute adverse possession, regard must be had to the animus of the person doing those acts which must be ascertained from the facts and circumstances of each case. ..... tayamma (dead) by l.rs, : ilr2004kar2583 has noticed that in the event of failure of the plaintiff to prove the theory of permissive possession and in the event of defendant's substantially establishing the continuous uninterrupted possession, the plea of adverse possession is available. ..... 186 was purchased in an auction in the year 1940. .....
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Reported in : AIR2004Kant109; 2004(1)ARBLR507(Kar)
..... the arbitrator (award) passed by the arbitrator is improper, illegal and vexatious; the claims of the respondent are covered and governed by the provisions of the arbitration act, 1940, whereas the arbitrator conducted the proceedings under the new act.4. ..... held so, took exception to the division bench of the high court in exceeding its jurisdiction in entering into the facts of the case and interpreting the agreement between the parties and correspondence which was a part of the said agreement and held as follows :'even assuming that the arbitrator had committed an error in coming to the conclusion that the appellant was entitled to the claim of the escalated price of the commodity (hard coke) under the terms of the agreement and the division bench felt that the conclusion should have been ..... otherwise, it was not open to it to interfere with the award on that score ..... cochin shipyard ltd, : [1984]3scr118 ; u. p. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR2942; [1988]68STC3(Kar)
..... the contention of the other learned counsel advanced in support of their challenge to the amended provisions are these : (i) that the amendment of the 'year' brought about by the amendment act 14 of 1987, is ultra vires and beyond the legislative competence of the powers of the state legislature falling under entry 54 of list ii of schedule vii to the constitution; (ii) that the amendment interferes with the freedom of trade guaranteed under article 19(1)(g) and that it is also violative of article 19(6) inasmuch as it imposes unreasonable restriction on the exercise of the right conferred under sub-clause (g). 17. ..... it is argued vehemently on behalf of the petitioners that the taxable event under the act is the sale or purchase and the liability arises under the act on such transaction, irrespective of the accounting year and the assessees have to pay tax on the turnover of the year adopted by them and also pay tax in advance every month under section 12-b of the act. 29. ..... official liquidator (1940) 63 com lr 278. 38. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1973Kant145; AIR1973Mys145
..... no doubt there is a reference to the same in the judgment of the lower court, but the lower court however found that the fact that in a certain notification said to have been issued by the resident and crown representative, certain modifications had been made to the registration act of 1908 was not sufficient in the eye of law to take away the case from the operation of section 28 of the indian registration act of 1908. ..... of kulsum bibi trust and directing defendants 1 to 6 to put the plaintiffs in possession of item 1 free from the claims of defendants 14 and 15 who claimed to be mortgagees under defendant 1 directing defendants 7 and 8 to put the plaintiffs in possession of suit item 2 free from the claim of defendants 16 and 17 who claimed to be the mortgagees, directing defendants 9 to 13 to put the plaintiffs in possession of item 3 after removing the superstructure of the said site; directing enquiry into the mesne profits and the further consequential reliefs.although defendant 1 filed a written ..... mahabooba banu as the heir of khatoon banu got notices issued through her lawyer to the trustees claiming a share in the mahar amount which was payable by sher ali sha on the death of khatoon banu to her heirs.exhibit p-84 was issued on behalf of mahabooba banu by a lawyer at mysore to jamail sait on 8-12-1940 claiming her share of mahar amount. ..... kulsumbi died on 5-12-1940.3. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1951Kant57; AIR1951Mys57
..... it was held that an agreement to accept a future award can be treated as a compromise in the suit & that the arbitration act of 1940 had in no way altered the position. ..... (sic) require reconsideration in the light of certain provisions of the recent mysore arbitration act of 1949, he refers to section 47 of that act which pro vides that subject to the provisions of section 46 which relates to statutory arbitrations the arbitration act shall apply to all proceedings & arbitrations thereunder; & under the proviso to that section an arbitration award otherwise obtained may with the consent of all the parties interested be taken into consideration as a compromise or adjustment of a suit by any ct ..... indian arbitration act of 1940 was enacted though it may not be strictly speaking relevant, would throw considerable light on the meaning of its proviso. ..... the report of the select committee on this section was as follows:'the effect which this section as redrafted is designed to produce is that arbitrations shall not be conducted in any way repugnant to the act & that any arbitration award may with the consent of the parties be used for the purposes of rule 3 of order 23, c. p. g ..... under chap, iv of the act in respect of the matters concerned in the suit & the award passed thereon would be given effect to between the parties.15. ..... the reference & the resulting award unless agreed to by the parties cannot constitute an adjustment or compromise nor can be acted upon under order 28, rule 3, c. p c .....
Tag this Judgment!Court : Karnataka
Reported in : 2004(6)KarLJ194
..... furthermore, the respondent herein having accepted the deficit stock of 11,624 bulk litres of rectified spirit and having compounded the offence under section 45 of the karnataka excise act, could not have challenged the compounding order made by the 3rd respondent under section 45 of the karnataka excise act, 1965 more so, when he had already paid the composition fee and did not dispute the offence being compounded with the department under section 45 of the karnataka excise act, 1965. ..... , (1940)4 all er 20 : (1941) ac 1: 164 lt 139: 'when these ghosts of the past stand in the path of justice, clanking their mediaeval chains, the proper course for the judge is to pass through them undeterred' 1936, a bare half century ago, cannot be described as part of the middle ages but the ghost of the duke of westminster and of his transaction, be it noted a single and not a composite transaction, with his gardener and with other members of his staff has haunted the administration of this branch of the .....
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