Court : Karnataka Dharwad
..... it is also pertinent to note that even assuming that section 32(5) of the kuda act was applicable, in the absence of any relinquishment deed/document executed by the landowners in favour of the hduda in respect of the subject lands allegedly earmarked for road widening, the said provision by itself would not - 249 - nc:2023. ..... the constitution was again amended by the seventeenth amendment act of 1964, by which the state extended the scope of article 31-a and schedule ix to protect certain agrarian reforms enacted by the kerala and madras states and jagir, inam, muafi or any other grant, janmam, ryotwari, etc. ..... p.krishnamurthy and others (2006) 4 scc517 (v) kerala samsthana chethu thozhilali union vs. ..... state of kerala and others (2006) 4 scc327 - 195 - nc:2023. ..... jose [state of kerala v. m.k. ..... jose [state of kerala v. m.k. ..... municipal committee, bhatinda, (1969) 3 scc769 and state of kerala v. m.k. .....
Tag this Judgment!Court : Karnataka Dharwad
..... section 136(2) uses the expression final as regards the order of the appellate authority made under that provision and there are no express words in any other provision enabling a revision and when the appellate authority makes an order under section 136(2) of the land revenue act, the order made by the original authority under section 129 of the act merges with the latter and therefore the deputy commissioner has no power to interfere with the order made under section 129 of the said act when it has been a subject ..... theapex court having noticed the rent control enactments of different states including kerala state concluded that the high court has got the power to revise the order passed by the court subordinate to it under section 115 of code of civil procedure and since the district judge is subordinate court to the high court, the order passed by the district court may be revised by the high court. ..... again, as per re-grant order no.rb/wrg/sr.461 dated 2.3.1958, the land in question was re-granted to the petitioners father who died leaving behind a daughter and three sons and they have inherited the land in question. .....
Tag this Judgment!Court : Karnataka Dharwad
..... hence, though the accused deserves to be punished, having regard to the facts 27 crl.a.no.100442/2019 and circumstances of the case, we opine that instead of sentencing the accused, he may be released on probation of good conduct acting under section 4 of the probation of offenders act, 1958. ..... (v) acting under section 4 of the probation of offenders act, 1958 the accused is put on a probation of two years from today with a condition that he shall offer self bond of rs.50,000/- and surety for the likesum to the satisfaction of the trial court. ..... the important witnesses to the case are p.w.2 the victim, p.w.1 the father of victim, p.w.7 the mother of victim, p.w.16 the brother of victim, p.w.13-the doctor who treated the victim, p.w.17-the doctor who examined the accused and p.w.3 to 6 and 8 to 12 are the panch witnesses apart from p.w.14 the headmistress, who issued the school register extract pertains to date of birth of victim. ..... the defence brought dw-1 before the court to explain about the ill-will in respect of land dispute resulting the case, nowhere in the cross-examination of the victim or her parents, we find any iota of evidence that the accused did not kidnap her in the background of such dispute. ..... per contra, learned counsel appearing for accused has contended that there is a land dispute between 7 crl.a.no.100442/2019 the family members of the accused and the complainant leading to ill will between them. .....
Tag this Judgment!Court : Karnataka Dharwad
..... an inquiry in accordance with sub-section (2), it is satisfied that the committee has, -(a) failed to discharge the duties or perform the functions in accordance with the provisions of this act or the rules made thereunder, or (b) disobeyed any lawful orders issued under the provisions of this act or the rules made thereunder by the state government or the commissioner, deputy commissioner or assistant commissioner; or (c) committed any malfeasance or misfeasance or is guilty of breach of trust or misappropriation in respect of the properties of the institution or endowments; (2) where the prescribed authority proposes to take action under sub-section ..... state of kerala, air 2014 sc 2407, in which it has been laid down that in exercising legislative power, the legislature, by mere declaration, without anything more, cannot directly over-rule, revise or overwrite a judicial decision, but it can render a judicial decision by enacting valid law on the topic within its legislative field fundamentally altering or changing its character retrospectively. ..... tendolkar and others, air 1958 sc 538, (2) shri swamiji of shri admar mutt vs. ..... state of mysore, air 1958 sc 255 (7) sri adi visheshwara of kashi vishwanath temple, varanasi and others vs. ..... state of mysore air 1958 sc 255 (paras 24 and 32). .....
Tag this Judgment!Court : Karnataka Dharwad
..... however, on 19.07.2002 the court ordered for return of plaint to the plaintiff/respondent herein and the counter claim to defendant/ karnataka university dharwad on the point of jurisdiction in view of the provisions of the land acquisition act as the suit involved the decision of the illegally of the acquisition proceedings of the suit property. ..... to create absolute right to karnataka university dharwad over the suit property and thereby intended to defeat the right of the plaintiff in that suit and to achieve that object accused nos.1 to 10 dishonestly, fraudulently decided to establish that property acquired under the gazette notification dated 24.03.1947 and 16.09.1947 under land acquisition act belonged to v.r.dharwadkar and also that the property acquired was situated to the south of one s.s.jamkhandi's property and the suit property has been converted into botanical ..... later the government of bombay transferred the said acquired land to karnataka college and after reorganization of the states, the successive government of mysore, in 1958 transferred the karnataka college and its properties to karnataka university and since then the karnataka university is in possession and enjoyment of the suit property. .....
Tag this Judgment!Court : Karnataka Dharwad
..... perhaps that may be the reason, immediately after receipt of the credible information by the time if the police officers have to rush to the jurisdictional magistrate or competent person to obtain warrant and then proceed to the place of incident for arresting or seizing the article, by the time they reach the place, the accused or the persons who have committed are reasonably expected of having been committed the offence may escape from the said place. ..... the context means, the statute as a whole, the previous statute if any, or any other connecting statutes in pari-materia, the general scope of the statute and the specific and special intention of the legislature, every clause of a statute should be construed with reference to the context and other clauses of the act, as far as possible, to make a provision consistent with the entire enactment or series of statutes, or with other relevant statutes relating to the subject matter. 13. ..... state of kerala 1984 crl.lj 1987 the courts have held that the defects in investigation is not sufficient to hold that the magistrate has no jurisdiction to take cognizable treating it as complaint u/s.2(d) of the code. ..... ramaiah, reported in 1958 crl.lj, 737, the division bench of a.p. .....
Tag this Judgment!Court : Karnataka Dharwad
..... expired immediately on the expiry of 12 years from the date of regrant of the suit properties in favour of defendants 5 to 16 under the kvoa act in the year 1973 and 1982, the trial court ought to have recorded a finding regarding the limitation that in view of the settled proposition of law under the kvoa act, that if the regrantees are not in possession of the suit properties as on the date of the regrant, their remedy was to file a suit for possession within 12 years based on title under article 65 of the limitation act, 1963 from the date of ..... was also contended that though the said properties were said to have been re-granted to the family members of defendants 5 to 16, by virtue the bho act having been repealed with the coming into force of the karnataka village offices abolition act, 1961 (hereinafter referred to as the kvoa act', for brevity), as per orders dated 31.3.1973 and 1.4.1973, the re-grantees were not in possession of the lands as on those dates. ..... whether the plaintiff proves that the registered relinquishment deeds alleged to have been executed by defendant no.8 to 16 in favour of defendant no.1 to 4 dated 8.3.2006 and 10.4.2006 are also null and void ab initio and non-est in the eyes of law as he is not party to the said deeds? ..... it is during the pendency of those proceedings, that some of the owners had executed relinquishment deeds in favour of defendants no.1 to 4 and ..... the plaintiff had also contended that a relinquishment deed said to have been executed by .....
Tag this Judgment!Court : Karnataka Dharwad
..... according to the learned counsel for the respondents, the trial court and the first appellate court have taken into consideration the totality of the case, in order to come to the conclusion that the plaintiff is the son of venkavva and that he was born out of the legal wedlock between venkavva and 1st defendant kallappa. ..... 1 has relinquished, his rights in the suit property and other family properties if any in favour of defendants 2 and 3? ..... per contra, learned counsel for the respondents has vehemently argued that, the trial court has analyzed the entire evidence threadbare and has taken into consideration the conduct of the defendants in causing aspersions on the character of venkavva, without there being any basis in the earlier written statement filed on their behalf. ..... after hearing elaborate arguments from the learned counsel appearing for the parties and after going through the records, the learned first appellate judge has affirmed the judgment of the irial court by dismissing the appeal vide a considered judgment dated 12.07.2002. ..... since the marriage of venkavva with the 1st defendant was prior to the coming into force of the bombay prohibition of bigamy act, 1943, he is stated to be the son entitled to 1 / 5th share. ..... the date of admission is mentioned as 17.06.1958 and he left the school on 31.05.1961. .....
Tag this Judgment!Court : Karnataka Dharwad
..... what is essentially required, is that the person who records a dying declaration must be satisfied that the deceased was in a fit state of mind, and where the same is proved by the testimony of the magistrate, to the - 34 - crl.a no.2847 of 2012 extent that the declarant was in fact fit to make the statements, then even without examination by the doctor, the said declaration can be relied and acted upon, provided that the court ultimately holds the same to be voluntary and definite. ..... death is due to septicemia were it is stated that the injury extent of 80-82 % and further the postmortem reports states that the where all the organs including the fingers and chest were completely burnt and further the epidermis of all the organs were completely burnt - 11 - crl.a no.2847 of 2012 and further taking the finger prints of the deceased akkamahadevy is unsustainable hence it is only created to help the prosecution case wherefore the order of the convection is against to the unsustainable in the eye of law hence it may kindly be set ..... they have deposed about the accused holding the land where the place of incident took place. ..... state of bombay, 1958 scr552: air1958sc22 is a watershed judgment on the law on the evidentiary value of dying declarations. .....
Tag this Judgment!Court : Karnataka Dharwad
..... perhaps that may 91 be the reason, immediately after receipt of the credible information by the time if the police officers have to rush to the jurisdictional magistrate or competent person to obtain warrant and then proceed to the place of incident for arresting or seizing the article, by the time they reach the place, the accused or the persons who have committed are reasonably expected of having been committed the offence may escape from the said place. ..... the context means, the statute as a whole, the previous statute if any, or any other connecting statutes in pari- materia, the general scope of the statute and the specific and special intention of the legislature, every clause of a statute should be construed with reference to the context and other clauses of the act, as far as 56 possible, to make a provision consistent with the entire enactment or series of statutes, or with other relevant statutes relating to the subject matter.13. ..... state of kerala 1984 crl.lj1987the courts have held that the defects in investigation is not sufficient to hold that the magistrate has no jurisdiction to take cognizable treating it as complaint u/s.2(d) of the code. ..... ramaiah, reported in 1958 crl.lj, 737, the division bench of a.p. .....
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