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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: karnataka Year: 2015 Page 2 of about 44 results (0.012 seconds)

Apr 13 2015 (HC)

S K Gangadhara Vs. Ramachandra

Court : Karnataka

Decided on : Apr-13-2015

..... under the attachment. (2) nothing in this section shall apply to any private transfer or delivery of the property attached or of any interest therein, made in pursuance of any contract for such 7 transfer or delivery entered into and registered before the attachment. 8. sub-section (2) to section 64 noticed above would indicate that what is of importance is ..... as to whether the sale was pursuant to the contract which was entered prior to the order of attachment. in the instant case, there is no dispute to the fact that the order of attachment was passed on 02.07 ..... the fact is also that he had executed a registered agreement of 20 sale prior to the order of attachment before judgment and the sale was as per the earlier contract as he was bound to honour the same. the question that would therefore arise is also as to whether the transferee had knowledge of the attachment as on the date .....

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Mar 24 2015 (HC)

Sri v.p.venaktesh Vs. Stm G Padmavathi

Court : Karnataka

Decided on : Mar-24-2015

..... be ignored. courts will apply greater scrutiny and (ii) strictness when considering whether the purchaser was ready and willing to perform his part of the contract. (iii) every suit for specific performance need not be decreed merely because it is filed within the period of limitation by ignoring the time-limits ..... had stoically denied the very execution of the agreement of sale, the question of the defendant pleading or establishing hardship in the performance of the contract could not have been assumed by the court below. 9 the learned counsel would also point out that when a substantial part of the price ..... sale transaction, could not be attributed to the plaintiff as having not indicated that he was ready and willing to perform his part of the contract. this reasoning of the court below cannot be sustained as it is wholly inconsistent with the actual circumstances. further, the trial court having held ..... filed on 31.1.2003. therefore, the court below having concluded that the plaintiff was not ready and willing to perform his part of the contract, is not in accordance with the settled principles of law. it is pointed out that a substantial amount amounting to 90% of the sale consideration ..... and the learned counsel for the respondent.2. the appellant was the plaintiff before the trial court and had filed a suit for specific performance of contract. it was stated that the defendant was the absolute owner of a property bearing no.10/6, 6th main, magadi road chord road, corporation .....

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Sep 07 2015 (HC)

Smt Lokamani Vs. Smt Mahadevamma

Court : Karnataka

Decided on : Sep-07-2015

..... , accrued or incurred, or any remedy or 26 proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; nor shall this act affect any principle or rule of law, or established jurisdiction, form or course of pleading ..... 18 ground of the pious obligation under the hindu law, of such son, grandson or great-grandson to discharge any such debt; provided that in the case of any debt contracted before the commencement of the hindu succession (amendment) act, 2005 nothing contained in this sub-section shall affect.- (a) the right of any creditor to proceed against the son, grandson .....

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Jan 05 2015 (HC)

National Insurance Co Ltd Vs. Gangadhar S/O Basavanneppa Akki

Court : Karnataka Dharwad

Decided on : Jan-05-2015

..... questions framed for consideration in this judgment are no longer res integra. in that, in both instances there is a breach of condition of the contract of insurance and the insurance company may not be liable to satisfy the decree. but it does not mean that it did not have the initial ..... be said that a person holding a learner's licence is not entitled to drive the vehicle. even if there exists a condition in the contract of insurance that the vehicle cannot be driven by a person holding a learner's licence, the same would run counter to the provisions of ..... noticed hereinbefore, is whether the insurer must prove that the owner was guilty of the wilful breach of the conditions of the insurance policy or the contract of insurance. in lehru's case (supra), the matter has been considered at some details. we are in general agreement with the approach of the ..... . furthermore, it is one thing 25 to say that the insurer will be entitled to avoid its liability owing to breach of terms of a contract of insurance but it is another thing to say that the vehicle is not insured at all. if the submission of the learned counsel for the ..... van or library vans. (ix) mobile workshops. (x) mobile canteens. (xi) private service vehicle. (xii) public service vehicle such as maxi cab, motor cab, stage carriage and contract carriage including tourist vehicles. (xiii) educational institution buses. (xiv) ambulances. (xv) animal ambulances. (xvi) camper vans or trailers. (xvii) cash vans. (xviii) fire tenders, .....

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Jan 28 2015 (HC)

The Chief Officer Town Panchayath Vs. Gunasundarammanni and Others

Court : Karnataka

Decided on : Jan-28-2015

..... (guidance of officers, grant of copies, miscellaneous provisions) rules, 1966, for short 'rules', by public auction, since the said provisions relate to competence of municipal council to sell, lease or contract or otherwise transfer any immovable property belonging to it and, the procedure in respect thereof by auction and none other. 4. the declaration of law by a division bench of .....

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Apr 13 2015 (HC)

S.K Gangadhara Vs. Ramachandra

Court : Karnataka

Decided on : Apr-13-2015

..... under the attachment. (2) nothing in this section shall apply to any private transfer or delivery of the property attached or of any interest therein, made in pursuance of any contract for such transfer or delivery entered into and registered before the attachment. ? 8. sub-section (2) to section 64 noticed above would indicate that what is of importance is as ..... to whether the sale was pursuant to the contract which was entered prior to the order of attachment. in the instant case, there is no dispute to the fact that the order of attachment was passed on 02.07 ..... , but the fact is also that he had executed a registered agreement of sale prior to the order of attachment before judgment and the sale was as per the earlier contract as he was bound to honour the same. the question that would therefore arise is also as to whether the transferee had knowledge of the attachment as on the date .....

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Oct 07 2015 (HC)

M/s. Hindustan Petroleum Corporation Ltd. and Another Vs. Union of Ind ...

Court : Karnataka

Decided on : Oct-07-2015

(prayers: these writ petitions are filed under articles 226 and 227 of the constitution of india praying to hold that sec. 35f of the central excise act, 1944 as amended by sec. 105 of the finance act (no.2), 2014 w.e.f. 6/8/2014 which provides for mandatory pre-deposit of 7.5% for first appeals and 10% for second appeals of the total tax or penalty demanded, as a mandatory condition for entertaining an appeal as illegal and violative of articles 14, 19 (1) (g) and 265 of the constitution of india and etc., this writ petition is filed under articles 226 and 227 of the constitution of india praying to quash section 35f of the central excise act of 1944 as amended by section 105 of the finance act of 2014 and the said section 105 of the finance act of 2014 as being unconstitutional. this writ petition is filed under articles 226 and 227 of the constitution of india praying to 1) declare section 35r of the central excise act, 1944 as amended by sec. 105 of the finance act (no.2), 2014 w.e.f. 6.8.2014 which provides for mandatory pre-deposit of 7.5% for first appeals and 10% for second appeals of the total tax or penalty demanded, as a mandatory condition for entertaining an appeal as unconstitutional vide ann-b and etc. 1. as common questions of law arise in these writ petitions, they have been heard together and are disposed of by this common order. 2. the petitioners have assailed amendment made to section 35f of the central excise act, 1944 (hereinafter referred to as the act .....

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Sep 07 2015 (HC)

Lokamani and Others Vs. Mahadevamma and Others

Court : Karnataka

Decided on : Sep-07-2015

..... acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; nor shall this act affect any principle or rule of law, or established jurisdiction, form or course of pleading ..... the ground of the pious obligation under the hindu law, of such son, grandson or great-grandson to discharge any such debt; provided that in the case of any debt contracted before the commencement of the hindu succession (amendment) act, 2005 nothing contained in this sub-section shall affect.- (a) the right of any creditor to proceed against the son, grandson .....

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Oct 07 2015 (HC)

M/S Hindustan Petroleum Corporation Ltd Vs. Union of India

Court : Karnataka

Decided on : Oct-07-2015

-:1. :- r in the high court of karnataka at bengaluru dated this the07h day of october, 2015 before the hon'ble mrs.justice b.v.nagarathna writ petition nos.10559-10560/2015 (t-tar) c/w. w.p.no.54017/2014 (t-res), w.p.no.54018/2014 (t-res) & w.p.no.21492/2015 (t-tar) in w.p.nos.10559-10560/2015: between:1. m/s. hindustan petroleum corporation ltd., mangalore pol terminal, village bala, via katipalla, mangalore-575 030.2. mr. v.k. jain, aged55years, general manager (tax), m/s. hindustan petroleum corporation ltd., corporate office, no.17, jamshedji tata road, p.o. box no.11041, mumbai-400 020. ... petitioners (by sri: g. shivadass, advocate) and:1. union of india, ministry of finance, represented by its secretary, department of revenue, north block, new delhi-110 001. commissioner of central excise & service tax, 7th floor, trade center, bunts hostel road, mangalore-570 003. 2.-.:2. :- the deputy registrar, customs excise and service, tax appellate tribunal, fkcci building, k.g. road, bangalore-560 009. the registrar, customs, excise and service, tax appellate tribunal, west block2 r.k. puram, new delhi-110 022. the central board of excise and customs, ministry of finance, department of revenue, central revenue buildings, lp. estate, ito, new delhi-110 002. ... respondents3 4.5. (by sri: k.m.nataraj, addl. solicitor general a/w. sri. jeevan j.neeralgi, advocate) these writ petitions are filed under articles226and227of the constitution of india praying to1hold that sec. 35f of .....

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Apr 22 2015 (HC)

Venkataswamy Vs. Smt Annemma

Court : Karnataka

Decided on : Apr-22-2015

..... past tense is usually employed simply with the object of making it clear that the thing mentioned in the document was an accomplished fact. it conveys the idea that the contract entered into between the parties has actually taken place. where from the construction of the partition agreement and surrounding circumstances of the case it is clear that the intention of .....

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