Court : Karnataka
Decided on : Jan-17-2002
Reported in : 2002(2)KarLJ350
..... with 15 or above bed capacity.3. the government of karnataka which had issued an order on 19-6-1992 appointing the appellant as director of the institute on contract basis with immediate effect until further orders, modified the same by notification dated 20-6-1.992 deleting the contractual basis mentioned in the earlier order. another notification was ..... and neuro sciences and health and family welfare services, government of karnataka are also ex officio members. the superintendent of victoria hospital is another ex officio member. general secretary to indian red cross society, bangalore, chief traffic manager, ksrt, assistant professor of plastic surgery, the president, surgical society of bangalore and the superintendent of st. marthas hospital, bangalore are ..... respondent on various grounds. the appellant had contended that the institute is not state within the meaning of article 12 being a society registered under the karnataka societies registration act and being an autonomous body, that the petitioner has no locus standi to file a writ petition of this nature that it was not for espousing any public interest, ..... government order no. hfw/73/ptd/92, dated 19/20-6-1992, annexure-a to the writ petition. the institute is a society registered under the karnataka societies registration act, 1960 and the society was known as bangalore accidents rehabilitation and other services. the administration of the society is through the governing council chaired by the hon'ble minister of .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-12-2002
Reported in : ILR2002KAR3227
..... the agreement or the compromise more comprehensive, the explanation to the proviso says that an agreement or compromise 'which is void or voidable under the indian contract act....' shall not be deemed to be lawful within the meaning of the said rule. in view of the proviso read with the explanation, a court ..... consent or compromise decree can only be set aside in separate suit or proceedings on the ground that the consent was obtained by fraud or coercion, and such consent or compromise decree resulted in serious and substantial injustice.'29. by going through the decisions referred to by the learned counsel ..... occurring in rule 3a of order 23, cpc. therefore, to hold that the compromise decree cannot be challenged on the ground of fraud, undue influence or coercion under rule 3a would not be correct. in my opinion, the court below has erred in holding to the contrary.'28. in : air1985cal379 , gosto behari ..... 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. till it is avoided and displaced it can be treated as lawful for the ..... are lawful and other party to such alleged agreement or compromise denies it or alleges that it has been brought about by fraud, undue influence, coercion or misrepresentation as vitiating compromise, then recording of such compromise cannot be said to be lawful agreement and that it was arrived at the party .....Tag this Judgment!
Court : Karnataka
Decided on : Dec-04-2002
Reported in : III(2004)BC411; 2003(3)KarLJ59
..... borrower. it was submitted that although a newly inducted partner does not in view of the provisions of section 31 of the indian partnership act become liable for any act of the firm done before his induction as a partner yet the said provision did not prevent any such newly inducted partner from ..... letters referred to above were written to the bank. it is difficult to construe the submission of the letters to be a result of any coercion nor has the appellant set up any such defence to get rid of their legal effect. if that be so, the only infer-once that ..... thus.-'section 31. introduction of a partner.--(1) subject to contract between the partners and to the provisions of section 30, no person shall be introduced as partner into a firm without the consent of all the ..... that needs determination is whether the liability so adjourned by the court could be fastened upon the appellant also.9. chapter 5 of the partnership act deals with incoming and outgoing partners. section 31 appearing under the said chapter relates to introduction of a partner and the consequences thereof. it runs ..... is what according to the respondent-bank had happened in the instant case. the appellant who was inducted into the partnership had by his overt acts taken over and even partly discharged the liability that existed against the original partnership. the material on record, it was contended, sufficiently justified the .....Tag this Judgment!