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Judgment Search Results Home > Cases Phrase: unlawful Court: karnataka Page 2 of about 3,283 results (0.015 seconds)

Oct 20 1987 (HC)

indira Bai Vs. Parashuram Kallappa Hande

Court : Karnataka

Reported in : ILR1988KAR1307

..... as already stated the main plank of the appellant's counsel's argument is that the second part of the contract is unlawful and against public policy and therefore unenforceable, whereas, the first part which is severable is certainly enforceable and therefore the appellant be given a decree as far as the first part regarding the agreement to sell is concerned. ..... for the reasons discussed above, i am of the view that there was nothing unlawful or anything forbidden by law for the parties to contract that the first defendant should be a tenant of the suit premises under a lease deed to be executed by the appellant after the sale deed was executed by him and as ..... it was contended on behalf of the defendant that the sublease was unlawful, as it was made without the permission of the collector, and that the lessee was not therefore entitled to recover the amount claimed by him.33 ..... every agreement of which the object or consideration is unlawful is void.section 24 of the contract act reads thus:-'24 ..... j, also observed as follows:-'as a general rule, the law does not forbid things in express terms, but imposes penalties for doing them, and the imposition of such penalties implies prohibition, and an agreement to do a thing so prohibited is unlawful under section 23 of the contract act. ..... some times although there is nothing unlawful in performing a promise a positive rule of law founded on reasons of general expediency will not serve any legal obligation to arise from a promise of that kind .....

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Jul 18 1986 (HC)

S.K. Sharma Vs. Corporaion of the City of Bangalore

Court : Karnataka

Reported in : ILR1986KAR2536

..... in our view, even in the light of the ratio of that judgment, the question whether the construction of the building in question is unlawful or not should depend on the provisions of the zoning regulations applicable to this case.29. ..... shankar has complained to the government about the unlawful construction by respondent-3 and the government called for the file by letter dated 3-5-1985. ..... therefore, every resident of the city has sufficient interest to question the unlawful construction of this magnitude in the locality. ..... 35 any construction of a building in contravention of the provisions of the zoning regulations is unlawful and cannot be allowed to stand.18. ..... shankar --serious irregularities and unlawful activities of messrs rajatha enterprises.with reference to your letter no. lp. ..... he had also pleaded that the corporation was under a duty to ensure that public did not suffer by unlawful constructions. ..... accordingly a notice was issued to respondent-3 informing him that the construction carried on by respondent-3 was unlawful. ..... planning act, and further that as the period of licence was only for two years, the same had expired and as respondent-3 had not secured renewal of the licence, the undertaking of construction by respondent-3 was unlawful. .....

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Aug 18 2006 (HC)

Nagappa S/O Appayya Budag, Vs. the State of Karnataka

Court : Karnataka

..... the scope and purport of section 149 of ipc, it was held as under:what has to be proved against a person who is alleged to be a member of an unlawful assembly is that he was one of the persons constituting the assembly and he entertained alongwith the other members of the assembly the common object as defined by section 141 ipc. ..... reported in : 1956crilj345 stating that it is well settled that mere presence in an assembly does not make a person, who is present, a member of an unlawful assembly unless it is shown that he had done something or omitted to do something which would make him a member of an unlawful assembly, that an overt act was mandatory, was repelled by the hon'ble supreme court stating that such observation was made in the peculiar facts of the case. ..... these appellants were armed with the deadly weapons and they had proceeded in a group towards the house of the deceased which in itself would show that they had constituted an unlawful assembly with the common object of committing the crime and they had in fact committed the crime, viz. ..... in the morning at hulyanur village within the limits of marihal police station, they formed themselves into an unlawful assembly with the common object of committing the murder of one sidarai danappa naik and in prosecution of the common object of such unlawful assembly, armed with deadly weapons they committed rioting, intentionally insulted the deceased and others, murdered the deceased sidarai, attempted to commit murder of one .....

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Nov 19 1998 (HC)

Suresh and Others Vs. State by T. Narasipura Police Station

Court : Karnataka

Reported in : 1999(1)KarLJ303

..... the case and every circumstance of the case were fully proved by the prosecution before the learned sessions judge beyond all reasonable doubt that it is the accused 1 to 11 who having formed themselves into an unlawful assembly with the motive either to murder the deceased or assault his party had committed the offences and that being so, according to him, the question of giving the benefit of doubt to the accused 1 ..... him, but interestingly enough while answering point 7, he had answered the same to say that it is only accused 4, 5, 7, 8 and 11 who were proved to be the members of the unlawful assembly and while discussing the point 2 as above in para 24 of the impugned judgment, the learned sessions judge had held that all the 11 accused persons stopped the lorry illegally. ..... the above reasonings of the learned sessions judge to hold that the above accused persons were not the members of the unlawful assembly is self contradictory, for in answering point 2 he had affirmatively held that all the accused persons did hold up the ..... had taken place in two parts, the first part is that all the accused persons forming themselves into an unlawful assembly with the intention to cause injury to the deceased and his party and thus stopping the mini lorry. ..... therefore, we affirmatively hold that the said accused persons were also the members of the unlawful assembly and all of them had participated in the first part of the incident, thereby committing the offences under sections 143, 141, 147 .....

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Mar 11 1987 (HC)

Shankarappa Vs. Puttamma

Court : Karnataka

Reported in : ILR1987KAR1145

..... 1 sub-lease and applicability of clause (f)clause (f) of section 21(1) enables a landlord to seek eviction, if the tenant has unlawfully sub-let the whole or part of the premises, or has assigned or transferred in any other manner his interest therein. ..... it affects the entire lease, because what is done is unlawful and against the terms of contract, the purity of contract is polluted in its entirety; hence the landlord is entitled to get an eviction decree for the entire leased premises. ..... therefore sub-letting is unlawful and person who contravenes the provisions of sub-section (1) of section 23 shall on conviction be punished with fine.clause (b) of sub-section (3) of section 21 reads thus:'........ ..... further under section 21, landlord can seek eviction of whole of the leased premises if a part of it is unlawfully sub-let. ..... section 23 makes it unlawful for any tenant to sub-let whole or any part of the premises let out to him. .....

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Jan 03 1997 (HC)

Mundlur Narayana Rao @ Chitti Vs. the State of Karnataka

Court : Karnataka

Reported in : ILR1997KAR3078; 1997(3)KarLJ222

..... the second ground set out in the show cause notice by the sub-divisional magistrate is that on account of the political background which the petitioner enjoyed, he was continuing with the unlawful acts unabated and the people suffered at his hands and those people who suffered at his hand did not venture to approach the police station for help.7. ..... 69, one of the grounds alleged against the person to whom show cause notice under section 58 was issued was that 11 cases for offences such as unlawful assembly, rioting, house trespass, mischief, assault on public servant were registered at devanahalli police station against both the members of the parties. ..... it was held by this court that the allegation of mere entertaining unlawful designs was not sufficient to take action under section 55 of the k.p. ..... the first ground is that the petitioner was indulging in unlawful activities for the last 2 to 3 years against helpless, innocent and certain types of merchants. ..... is that the revision petitioner has been indulging in antisocial activities causing fear among the peace loving citizens of bellary city and using force and high handedness against the public and exhibited his unlawful activities and muscle power.11. ..... had exhibited his unlawful activities openly on account of financial matter by forcibly dragging a person by name g. .....

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Aug 22 1991 (HC)

Jivaji @ Balasaheb Venkatesh Anikhindi Vs. Sadashiva Rao Ramachandra R ...

Court : Karnataka

Reported in : ILR1991KAR4307; 1991(4)KarLJ51

..... tenant on the expiry of the lease which enabled the tenant to sublet and as such subletting of the premises by the tenant even after the coming into force of the tenancy act, did not become unlawful because the tenant was continued under the original lease, therefore he was entitled to sublet, it is not possible to hold that such a proposition can be made applicable to a lease which specifically provides ..... of the act, provides that the court may on an application made to it, make an order for the recovery of possession of a premises if it is found that the tenant has unlawfully sublet the whole or part of the premises or assigned or transferred in any other manner his interest therein and where the subletting, assignment or transfer has been made before the coming into ..... word 'tenant', it was held that even after the termination of the contractual tenancy, the continuation of the tenant in possession of the leased premises would not be unlawful having regard to the provisions contained in sections 2(1), 12(1) and 13(1) of the aforesaid act until and unless a decree for eviction was made. ..... tenant and sub-tenant were aggrieved because of the fact that the sub-tenancy was held to be unlawful and they were directed to be evicted.in the revision petitions, the learned district judge called for a ..... the landlord and tenant enabling the tenant to sublet the premises, subletting of the premises by the tenant is unlawful and enables the court to pass a decree for eviction on that ground. .....

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Jun 10 2003 (HC)

Shimoga Zilla Madivala Sangha and anr. Vs. the District Registrar, for ...

Court : Karnataka

Reported in : ILR2003KAR2906; 2003(6)KarLJ153

..... is guilty of acts of omissions or commission mentioned in section 27, which reads: 'sec 27, cancellation of registration and dissolution of certain societies:- (1)if it appears to the registrar that any society registered or deemed to be registered under this act, is carrying on any unlawful activity or allows unlawful activity to be carried on within any premises under the control of the society (the registrar may hold an enquiry or authorize any officer to hold an enquiry into the activities of such society and in respect of every such ..... (2) if on an enquiry under sub-section (1), the registrar is satisfied that any such society has been carrying on any unlawful activity or has allowed any unlawful activity to be carried on within any premises under the control of the society, he shall, after giving reasonable notice to the society to show cause why the registration of the society should not be cancelled and the society .....

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Feb 10 1995 (HC)

Charaka Mathu Gramodyog Sahakar Sangh Vs. Shantha Bai

Court : Karnataka

Reported in : ILR1995KAR807; 1995(3)KarLJ126

..... section 23 of the act renders sub-letting after the coming into operation of part-v unlawful, contravention of the provision, on conviction, is also made punishable with fine. ..... section 21(1)(f) makes it clear that the tenant who has unlawfully sub-let the whole or part of the premises or assigned or transferred in any other manner, his interest therein and where the sub-letting, assignment or transfer has been made before the coming into force of ..... the trial court, having negatived the landlady's claim for possession of the premises on the first ground, allowed the petition on the ground that portions of the premises are unlawfully sub-let in favour of respondents-3 and 4 herein. ..... swami, j (as he then was) has taken the view that the right to seek possession on the ground of unlawful sub-letting is not a personal right. ..... in the instant case, unlawful sub-tenancy having been established, the question of protecting the tenant from eviction on the ground of the landlady having lost her remedy, cannot be countenanced. ..... consequently, a sub-tenant under a statutory tenant cannot plead protection of his possession if his sub-tenancy is found to be unlawful.10. .....

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Jan 30 1990 (HC)

P.V. Balakrishana Reddy Vs. Director of Mines and Geology

Court : Karnataka

Reported in : ILR1990KAR1858

..... 'the aforesaid clause 1 of part viii only ensures the lessee the enjoyment of the lease for the period for which it is granted without any unlawful interruption from or by the state government or any person rightfully claiming under it, if the lessee pays rents and royalties and observes and performs all the covenants of the agreement. ..... on the part of the lessee/ lessees to be observed and performed shall and may quietly hold and enjoy the rights and premises hereby demised for and during the term hereby granted without any unlawful interruption from or by the state government, or any person rightfully claiming under it. ..... such an act cannot be construed as amounting to unlawful interruption. .....

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