Court : Karnataka
Reported in : ILR2002KAR3227
..... by lawful it means it is not contrary to law, public policy or void ab initio, or unlawful, but it cannot include the grounds like fraud, undue influence, coercion, by which the decree can be avoided, treating it as voidable. ..... krishnaswamy rao, had an occasion to go into the question whether a suit could be filed or review petition could be filed to question the compromise decree on the ground that it was unlawful and barred under rule 3a of order 23. ..... para 7 : it thus becomes crystal clear that now a suit to question the compromise decree on the ground that it is unlawful, is barred. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR1950; 1985(2)KarLJ206
..... the court below had no jurisdiction to grant the temporary injunction.that the suit is vexatious in as much as the chain of events and the series of litigation makes it clear that two of the trustees want to protect their unlawful position by obtaining orders from the court much against the will and desire of other trustees, who constitute the majority.lastly, he submitted that since the majority of the members, who are arrayed as defendants .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR3052
..... their illegal and unlawful acts has taken away the bread-earner of petitioners. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant90; AIR1952Mys90
..... damages even though he has not suffered actual loss; see para 25 ibid, though, if the trespass is accompanied by aggravating circumstances, the plaintiff is entitled to recover exemplary damages; ibid para 25.trespass on goods has been described as an unlawful disturbance of the possession of the goods by seizure or removal by a direct act causing damage to goods, and the remedies available to a plaintiff against whom such trespass is committed is independent of his claims for other wrongs in respect of ..... appoint an 'ad interim' receiver to seize certain paddy crops as the property of his debtor knowing that they belonged to the plaintiff, it was held that the act was in the nature of trespass to property because there was an unlawful interference with the exercise of the property rights of the plaintiff and that he could claim damages.in 'jawahar mal v. ..... 'in the case before them, the gist of the action was not the special damage, but the unlawful attachment; and the plaintiff was not precluded from recovering ordinary damages for that actionable wrong, even if he had wholly failed to prove special damage ..... to constitute a trespass, the act must in general be unlawful at the time when it is committed, and, an act may be a trespass although it is committed by mistake or without malice.the commission of a negligent act may amount to a trespass though a person who has not been negligent cannot be a trespasser in ..... the gist of the action is the unlawful failure to deliver them up when .....
Tag this Judgment!Court : Karnataka
Reported in : 1991(34)ECC131; 1992(61)ELT193(Kar); ILR1991KAR1749
..... charged excise duty on items like value of packing charges which are not chargeable to tax either on account of any mistaken impression or on account of being compelled by the authorities on a misconstruction of the provision and such collection is found to be unlawful by the courts, unless the said amount is refunded to the buyer concerned, there is no other alternative than to treat the said amount as part of the value of the goods. .....
Tag this Judgment!Court : Karnataka
Reported in : 1(1989)ACC465
..... to hold otherwise would amount to putting a premium on unlawful acts of the insured which acts if committed by a driver entrusted with his vehicle by him would amount to an offence and also amount to breach of condition of policy.13. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2007KAR1214; 2007(3)KLJ448; 2007(2)KCCR1482; 2007(2)AIRKarR542; AIR2007NOC1071
..... whether the agreement of sale is genuine or not and the respondent is in unlawful possession are all matters required to be determined at the trial.10. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR2598; 2000(5)KarLJ215
..... if any person or organization obstructs or interferes with the working of the courts and/or prevents unlawfully the lawyers from attending the courts to plead for their clients, they commit contempt of court liable to be punished. ..... the division bench of the patna high court in the case of ranchi bar association, ranchi v state of bihar, while considering the effect of the unlawful 'bandh', at paragraphs 15 and 21 of the judgment, has observed as follows:'15. ..... in the instant case, the supporters of the bandh forced the closure of the court, interfered with its working and prevented unlawfully the lawyers from attending their cases. ..... the government, being duty-bound to protect the people, has to prevent unlawful activities like bandh, rally etc. ..... if the people who organize and support such unlawful bandh, rally etc. ..... prevention of unlawful activities ensures the protecting of the rights of the people and their property. ..... it is neither open to any person, organization or political party to take the people to ransom, nor is it permissible for the government to allow such unlawful activities. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2006Kant68; 2006(1)KarLJ176
..... it has to be established that benami transaction was motivated by design to achieve unlawful purpose like to circumvent or defeat the provisions of income-tax act etc. ..... if the plaintiffs ask the assistance of the court to effectuate an unlawful transaction, the court would refuse to assist such party. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2005Kant94; 2005(1)ARBLR502(Kar); ILR2004KAR2045; 2004(7)KarLJ124
..... of allowing the appellant to perform their obligations under the pda, the respondent in bad faith, made false allegations of non-completion of work and further, in the meeting dated 14th february 2003, the respondent made an unlawful demand, outside the scope of the pda, for an amount of rs. .....
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