Court : Karnataka Kalaburagi
..... an adopted son shall never take the family (name) and the estate of his natural father; the funeral cake follows the family (name) and the estate, the funeral offerings of him who gives (his son in adoption) cease (as far as that son is concerned)' the words 'family name' and 'the estate' refer to the family name and the (family) estate as they have to be read in conjunction with each other and in the context that they are used. ..... an adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family: provided that (a) the child cannot marry any person whom he or she could not have married if he or she had continued in the family of his or her birth; - 26 - nc:2023. ..... whenever any document registered under any law for the time being in force is produced before any court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of this act unless and until it is disproved.17. ..... second appeal no.1444 of 1965 bhimrao v. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... through court commissioner in favour of ramgopal malu dated 20/05/2010 in respect of a portion of property bearing corporation no.1-19; 11.certified copy of encumbrance certificate regarding property bearing corporationno.1-19 from 1965 to 2003 showing sale deed transaction in favour of ramgopal and his predecessor; 12.mutation order of property bearing corporation no.1-19, changing the khata from vijayakumar gandigudi to ramgopal dated 18/04/2000; 13.khatha extract of property bearing corporation no.1-19 based on order dated 17/04/2000 in favour of ramgopal; 14.mutation order of property bearing ..... opposing the production of the above documents at this belated stage the learned counsel for the defendants submitted:- a) that since the plaintiff had filed the suit on the ground of he being the owner in possession of the property and his name was entered into the revenue records and since in the written statement, the defendants have specifically disputed the title and possession of the plaintiff over the suit property, the plaintiff was duty bound to establish this fact before the trial court. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... of compensation to be awarded for land acquired under this act, this court shall take into consideration-first, 48 the market value of the land at the date of the publication of the notification under section 4, sub- section(1); secondly, the damage sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the collector's taking possession thereof; thirdly, the damage (if any) sustained by the person interested, at the time of the collector's taking possession of the land, by reason of severing such land from his ..... other land; fourthly, the damage (if any) sustained by the person interested, at the time of collector's taking possession of the land, by reason of the ..... balai chand ghose [air1965sc1874: (1965) 3 scr550 the limitation on discretion operating as bounds of the width of power conferred by rule 33 can be so formulated: (air p. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... per contra, learned counsel appearing for the respondent - accused would contend that the age of the victim, being less than 18 years, was never proved before the trial court as per ex.p.12, which was the admission extract from the admission register, pertaining to the admission of the victim in the school which was marked through p.w.8-the head master of the village school, 13 displayed the date of birth of every student in the school admitted in the academic year of 1999 to be 01.06.1999 which was an absolute impossibility. ..... the trial court further, on 10 assessment of the material on record, held that the prosecution had failed to bring home the guilt of the accused on any of the charges and acquitted the accused of the offences punishable under sections 376 and 316 of the indian penal code and sections 4, 5(l), 8 and 12 of the pocso act. ..... concerning a child or juvenile in conflict with law, the age determination inquiry shall be conducted by the court or the board or, as the case may be, by the committee by seeking evidence by obtaining (a)(i) the matriculation or equivalent certificates, if available; and in the absence whereof; (ii) the date of birth certificate from the school (other than a play school) first attended; and in the absence whereof; (iii) the birth certificate given by a corporation or a municipal authority or a panchayat; under rule 12(3)(b), it is specifically provided that only in the absence of alternative methods described under rules ..... scc (cri) 1965]. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... in this background, what exactly has been done by the said smt venkubai and sri shivappa, as alleged by the parties in the evidence and as well as in the pleadings is that the said sri shivappa has given a varadi as per ex.d.1 stating that he surrendered his tenancy rights on 12.08.1967, by voluntarily giving up his cultivation in the year 1965-1966 itself. ..... as i have already noted that, even excluding the application filed under section 14, of the limitation act, there is no bar to file fresh suit on the different cause of action at any point of time. ..... there was no such surrender in accordance with law by the said sri shivappa and the said alleged surrender is contrary to section 25 of the karnataka land reforms act, having got revenue entries changed clandestinely. ..... so far as it relates to application of section 14 of the indian limitation act is concerned, under what circumstances the court can exclude the time spent in another court having no jurisdiction to deal with the matter fully or partially. ..... it is well recognized principle under the karnataka land reforms act of 1974 that the tenancy rights are heritable rights and as soon as the land reforms act came into existence, the land vests with the government. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such magistrate thinks fit, and 10 pay the same to such person as the magistrate may from time to time direct: provided that the magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means. ..... in view of the peculiar facts and circumstances of the present case, it is needless to observe that it is always open for the unfortunate father to invoke section 127 of code of criminal procedure for enhancement of compensation and the unfortunate mother either to invoke the provisions of section 125 of code of criminal procedure or to invoke the provisions of the maintenance and welfare of parents and senior citizens act, 2007 against their sons for the appropriate relief. 32. ..... be it ingeminated that section 125 of the code of criminal procedure (for short the code ) was conceived to ameliorate the agony, anguish, financial suffering of a woman who left her matrimonial home for the reasons provided in the provision so that some suitable arrangements can be made by the court and she can sustain herself and also her children if they are with her. ..... kiran rani, air 1965 pat 442. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... 326 tmt 890 dated 15:19.12.90, the government of karnataka hereby exempts on reciprocal basis, the tax payable under the said act in respect of motor vehicles belonging to the indian tourism development corporation or a state road transport corporation or tourist development corporation of union territory of pondicherry or any other state except the state of kerala and other than the state of karnataka and the taxies registered in union territory of pondicherry or in any other state except the state of kerala and other than the state of karnataka with immediate ..... he would elaborate his submission on the merits of the case by contending that notification dated 22.03.1994 exempts on reciprocal basis the tax payable under the kmvt act in respect of motor vehicles belonging to indian tourism development corporation or the state transport corporation or the state road transport corporation or tourist development corporation of union territory of pondicherry or any other state except the state of karnataka and the taxis registered in the union territory of pondicherry. ..... the concession given to the holders of all india permits by way of exempting the all india tourist vehicles, registered in other states, from payment of the karnataka tax if tax had already been paid in the home state was withdrawn by a notification dated 31st march 1981. ..... (transport), (i/u) home and transport department 21. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... exercised or refrained from exercising his powers for improper or corrupt purposes; (ii) any complaint of corruption, misconduct, lack of integrity or any other kind of malpractice or misdemeanor on the part of a government servant of judicial officer; or (iii) any complaint against a government servant or judicial officer relating to any act or omission or administrative procedure or practice on the ground that it is unreasonable, unjust, oppressive or improperly discriminatory; (c) initiating from time to time review of procedure and practices of administration insofar as they relate to maintenance ..... definitions in these rules unless the context otherwise requires- (a) vigilance cell means the vigilance cell created in the high court of karnataka in government order no.gad 144 shc 68, bangalore, dated the 4th may, 1971; (b) high court means the high court of karnataka (c) chief officer means the chief justice of the high court of karnataka; (d) special officer means the officer holding the post of the special officer sanctioned by the government; (e) government servant means a government servant working in the judicial department and includes every ..... these rules have come into effect from 21.9.1971, the day on which it was published in the official gazette on 7.10.1971 vide notification no.roc.502/1965 dated 21.9.1971. .....
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