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Hutchegowda Vs. H.M. Basaviah

Court : Karnataka

Reported in : AIR1954Kant29; AIR1954Mys29

..... ' under section 28 of 3 and 4 wm. ..... given is more than three years prior to the date on which the suit was filed, and this is clearly a case in which the suit is barred by time under the first part of article 113 of the limitation act.3. ..... it was, however, seriously contended in the lower appellate court as is now done in this court, that the suit is in time as what is applicable is the second part of article 113 of the limitation act. .....

Ganapathi Bhatta Vs. State of Madras Now State of Mysore and anr.

Court : Karnataka

Reported in : AIR1960Kant222; AIR1960Mys222; ILR1960KAR130

..... subordinate judge observed in paragraph 12 of his judgment:'as the working of the civil supplies department and running it is a sovereign function of the central government and it was entrusted to the provincial government under the powers conferred upon it by act 24 of 1946, the state government of madras could not be made liable or sued in this case, and in any event it is not liable in tort because of this rule of sovereign powers which gives immunity to the state from ..... is a notice issued by the plaintiff to the state of madras on 25-7-1951, under the provisions of section 80 of the civil procedure codes before the institution of the suit. ..... 5,000/- but he declined to make a decree in favour of the plaintiff on the ground that the act committed by the driver, who was driving the motor vehicle was committed during the performance of a sovereign function of the ..... has, however, been urged on behalf of the state is that the finding of the subordinate judge that the state was not liable for the wrongful act committed by the driver of the state of madras is not liable to be disturbed. ..... , : air1959mad369 the plaintiff who was the son of a carpenter and who was a student in one of an accident which was brought about by the rash and negligent act of the driver of a motor vehicle belonging to the state. ..... was again based on the contention that the civil supplies department of the state of madras was only exercising an authority delegated to it by the central government under a central act. .....

Canara Public Conveyance Company Ltd. Vs. Usman Khan

Court : Karnataka

Reported in : [1965(11)FLR247]; (1966)ILLJ826Kant; (1965)2MysLJ442

..... section (1) enjoins notice of the accident in the manner provided by the act. ..... of the act whole 'total disablement' is explained in the definition contained in clause (l) of that sub-section. ..... section 4 of the act directs that where there is permanent total disablement resulting from an injury and the injured workmen has been in receipt of monthly wages falling within limits shown in ..... defines, there is nothing either in the definition in clause (g) of that sub-section or in sch. ..... it is clear that the loss of the use of the hand which was the consequence of the accident is for the purposes of the act the loss of the hand itself. ..... sub-section (2) prescribes the manner in which that notice shall be ..... to the workmen's compensation act, 1906, earl loreburn, l.c ..... 10(1) of the workmen's compensation act, usman khan gave notice of the accident to his employer in which there was also a demand for the payment of ..... to the workmen's compensation act which will be referred to as the act. ..... i to the act, it should be observed that that argument is founded upon the concluding part of the definition ..... 10(1) of the act, to describe the exact nature of the disablement, since it was not necessary for him to say in that notice whether the disablement was total or partial, as is clear from sub ..... i to the act, the loss of a hand must be deemed to result only in permanent partial disablement as provided by the definition in clause (g) ..... 30 of the act which lies only of the appeal involves a substantial question of law .....

The Managing Director, B.M.T.C., Now through Chief Law Officer Vs. Dea ...

Court : Karnataka Kalaburagi

..... parking places and halting stations: the state government or any authority authorized in this behalf by the state government may, in consultation with the local authority having jurisdiction in the area concerned, determine places at which motor vehicles may stand either indefinitely or for a specified period of time, and may determine the places at which public service vehicles may stop for a longer ..... further faint submission of the learned counsel is that under section 149(2) of the motor vehicles act, 1988, the insurance company will have a right to advance a plea in defence and take up all such pleas before mact and therefore, the insurer-appellant was a necessary and proper party and having not ..... these circumstances, it is observed that the insurance company did not discharge the burden cast upon it under section 96(2)(b)(ii) of the motor vehicles act, 1939, which is paramateria with section 149(2) of the motor vehicles act, 1989. 23. ..... of the lorry to make available the driving licence of the driver of the lorry which was not conceded by itself and nothing more, it cannot be said that the appellant had a valid defence as contemplated under section 149(2) of the motor vehicles act, 1988. ..... section 122 of the motor vehicles act, 1988 reads thus: ..... section 117 of the motor vehicles act, 1988 reads thus: ..... occurs in cases of (a) agency; (b) vicarious liability; and (c) where a tort is committed in the course of a joint act, whilst pursuing a common purpose agreed between them. 17. .....

M. Akbar Saheb Vs. Presiding Officer, the Mysore State Transport Appel ...

Court : Karnataka

Reported in : AIR1969Kant242; AIR1969Mys242; ILR1968KAR564; (1968)2MysLJ219

..... assigned by the kolar regional transport authority and to make a proper disposition in that regard, and, under section 64-a which empowers the exercise of revisional jurisdiction with respect to every order of the regional transport authority which is improper or illegal, it was permissible for respondent 2 to invoke that revisional jurisdiction when the secretary of the kolar regional transport authority negatived his opposition.but, it was urged that even so, ..... , revocation and suspension of permits shall apply to the grant, revocation and suspension of counter-signatures of permits: provided that it shall not be necessary to follow the procedure laid down in section 57 for the grant of counter-signatures of permits, where the permits granted in any one state are required to be counter-signed by the state transport authority of another state or by the regional transport authority concerned as a result of ..... from this grant of counter-signature to the altered timings there was a revision petition presented by respondent 2 to the state transport appellate tribunal under section 64-a of the motor vehicles act, and, by an order made by that tribunal on december 21, 1966 the altered timings in respect of which there was a counter-signature by the secretary of the regional transport authority was ..... in that part of the order in which it made this observation mentioned that the maintenance of priority of the existing operators rested upon 'a fundamental principle of law and convention'. .....

K. Raghavendra Nayak and ors. Vs. the Judicial Magistrate, First Class ...

Court : Karnataka

Reported in : AIR1977Kant53; ILR1977KAR43; 1976(2)KarLJ258

..... trustee, office-holder or servant, not being a person claiming in good faith to be in possession on his own account or on account of some person not being such trustee, office-bolder or servant, any magistrate of the first class in whose jurisdiction such institution or property is, situated shall, on application by the person so appointed, and on the production of the order of appointment and where the application is for possession of property, of a certificate by the commissioner in the prescribed form setting fourth ..... or executive officer in possession.where a person has been appointed-(a) as trustee or executive officer of a religious institution,(b) to discharge the functions of a trustee of a religious institution in accordance with the provisions of this act, or(c) as manager under section 56 or in any scheme framed by the board before the commencement of this act, and such person is resisted in, or prevented from, obtaining possession of the religious institution or of the records, accounts and properties thereof, by a trustee, officeholder or servant of the religious institution who has ..... by some kind of convention, which the petitioner trustees claim to be the schem6, while the respondent trustees name it a mere working arrangement, all the said trustees used to elect 3 trustees from amongst themselves as managing trustees for being in-charge of .....

Mangalore Catholic Co-operative Bank Ltd. Vs. M. Sundara Shetty

Court : Karnataka

Reported in : [1990]67CompCas377(Kar)

..... convention that there was no coercion within the meaning of section 15 of the contract act was repelled on the ground that the word 'coercion' occurring in section 72 of the contract act was used i its general and ordinary sense and that its meaning was not controlled by the definition contained in section ..... court, therefore, was right in holding that there was coercion falling under section 72 of the contract act to coerce the plaintiff to pre with the surety loan money due form ..... a division bench of the court observed that the word 'coercion' occurring under section 72 of the 15 the contract act should not be understood in the manner defined by section 15 of the act and that that word should be understood in it ordinary sense coercion to which that section refraction' as defined under section 15 of the contract act which un corporate a special definition of that word occurring in the preceding section. ..... contractor made by the defendant wa not a lawful payment within the meaning of section 70 of the contract act and the plaintiff could not claim imbursement form the defendant. ..... s where bearer securities have to be deposited with an authorised depositay, by virtu of section 15 of the exchange control act, 1947, and are deposited no other purpose. ..... as the plaintiff could as well have obtained certified copies of the deeds, the fist appellate court took it as an instance of the plaintiff of this subsequent surety loan so as to attract the provisions of section 70 of the contract act. .....

S. Manohar Vs. E.K. Govindaraja Setty

Court : Karnataka

Reported in : ILR1994KAR3246; 1995(1)KarLJ81

..... in para-4 of the said decision, among other things, has held as under:'it is well settled that a true owner has every right to dispossess or throw out a trespasser, while the trespasser is in the act or process of trespassing, and has not accomplished his possession, but this right is not available to the true owner if the trespasser has been successful in accomplishing his possession to the knowledge of the true owner ..... , the hon'ble supreme court has, among other things, held that when a person gets into possession of properties as mortgagee, he cannot by any unilateral act or declaration of his, prescribe for a title by adverse possession, against the mortgagor, because in law his possession is that of the mortgagor ..... the otherside, as noticed earlier, is that the remedy of defendant in such a situation is to seek mandatory injunction from the court as provided for under section 39 of the specific relief act, which would, in substance, amount to the seeking of possession.15 ..... necessary to remember that the only rights which the licensee has after the revocation of licence, are the rights enumerated in section 63 of the easements act ..... was open in such circumstances to the plaintiff to repudiate the transaction altogether and claim a relief outside it in the form of restitution under section 65, contract act ..... aspect, the learned counsel argued that the remedy of the licenser against a licensee whose license is revoked, is to sue for a mandatory injunction under section 39 of the specific relief act .....

Presteege Property Developers Rept. by Its Managaing Partner Mr. Deepa ...

Court : Karnataka

..... are answered in the negative and ultimately if the suit is considered as one for passing off and not for infringement, whether part of the cause of action can be held to have arisen within the jurisdiction of the court at bangalore in view of the advertisement and the accessibility on the website?therefore, on consideration of the above aspects if it is found that the suit is maintainable in either case, then ..... if that be so, the subsequent registration of the trade mark though may relate back in terms of section 23 of the act and would be valid for all other purposes, in so far as the cause of action and jurisdiction, the same cannot be made use of in terms of relation back since as held in premier distilleries case ..... applicable to the present facts since according to the learned counsel the decision was rendered in the context of considering the provision in the trade marks act, 1958 while in the new act of 1999 section 134(2) would create jurisdiction. ..... said decisions, the said view was taken in proceedings where the noticing of the subsequent events would not have altered the situation with regard to jurisdiction and in that circumstance, in a competent proceedings the subsequent events could of course be taken into consideration. ..... in this regard, the convention urged is that the website of the defendant is accessible from any place including bangalore and therefore, the court at bangalore would have jurisdiction even if the suit is construed as one for passing off since a .....

M.A. Jaleel and ors. Vs. the State of Mysore by Chief Secretary to the ...

Court : Karnataka

Reported in : AIR1961Kant210; AIR1961Mys210

..... in exercise of the powers conferred by the proviso to article 309 of the constitution, and in accordance with the decisions of the government of india under the provisions of section 115(5) of the states reorganisation act, 1956 (central act 37 of 1956), the governor of (name of the state) is pleased to publish the final gradation list of the (name) establishment/department, which shall be in force retrospectively from the 1st november, ..... the affairs of the union or of an existing state in any area which on that day falls within another existing state or a new state or a union territory shall, except where by virtue or in consequence of the provisions of this act such post or office ceases to exist on that day, continue to hold the same post or office in the other existing state or new state or union territory in which such area as included on that day, and shall be deemed ..... not invested with competence to make the integration hut only to exercise supervisory jurisdiction 'in regard to' the integration after it was made by the state.42. ..... clear that the government of the state intended its list to be a final list subject only to modifications and alterations, in appeal, by the central government, the central government having no jurisdiction to rectify or alter or disturb it if no such appeal was preferred. ..... to the qualifications, the conditions o service, the grades, the duties and responsibilities, and jurisdictions in relation to each of those services was an inevitable factor. .....