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Judgment Search Results Home > Cases Phrase: dharma hindu law Sorted by: old Court: karnataka Year: 2000 Page 1 of about 101 results (0.057 seconds)

May 25 2000 (HC)

Ramachandra Vs. Laxmana Rao

Court : Karnataka

Decided on : May-25-2000

Reported in : AIR2000Kant298; ILR2000KAR2341; 2000(5)KarLJ477

..... as his legal representative by procedure under order 21, rule 32 (code of 1882, section 260). similarly, a decree for an injunction against a manager and representative of a joint hindu family can be enforced after his death against a son who represents the joint family. but such an injunction cannot be enforced under this section against a purchaser of the ..... protection of the decree-holder's statutory easementary right of way appurtenant to his dominant heritage and annexed with the servient tenement of the judgment-debtors, it is enforceable in law against the transferee-judgment-debtor, he being the successor-in-interest of the original judgment-debtors. in other words, the transferee-judgment debtor is bound by the terms and ..... agreement of parties or by reason of change in material circumstances, it logically follows that when a servient heritage is also transferred by act of parties or by operation of law, corresponding burden of easementary right annexed to it also passes with it with its transfer to every subsequent owner or occupier thereof, since easementary right in favour of dominant heritage ..... its service, the former put in his appearance and filed his statement of objections through his counsel opposing the execution application on the ground that it was not maintainable in law as against him. his objection against non-maintainability of the application was that the decree in question being a decree for permanent injunction, it cannot be enforced as against him .....

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Aug 07 2000 (HC)

John B. James and Others Vs. Bangalore Development Authority and Anoth ...

Court : Karnataka

Decided on : Aug-07-2000

Reported in : ILR2000KAR4134; 2001(1)KarLJ364

..... evolved - vide national building construction corporation v s. raghunathan.40. the doctrine of legitimate expectation is also a principle which has its genesis in the field of administrative law and has no relevance while examining the legislative power of the state. it cannot be used to challenge the legislative power of the state or to challenge any legislation - ..... such a provision, would be invalid, as it is hit by the doctrines of promissory estoppel and legitimate expectation.37. promissory estoppel is a doctrine applicable to administrative law and administrative action. it is not available as a ground to challenge legislations. the doctrine of promissory estoppel has been explained in motilal padampat sugar mills company limited v ..... ) whether bda should be directed not to forcibly dispossess the petitioners with a further direction not to demolish the structures put up by the petitioners, otherwise than in accordance with law.point (i) - validity of ordinance 4 of 2000:16. bangalore development authority act, 1976 was amended by bangalore development (amendment) act, 1999 (karnataka act 1 of 2000), ..... years and perfected title by adverse possession; that others are in settled possession; and therefore they cannot be forcibly dispossessed and their buildings cannot be demolished without recourse to law. 11. hence, petitioners have filed these petitions seeking the following reliefs:(i) a direction to bda to send a proposal to state government seeking approval to sell the .....

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Aug 10 2000 (HC)

Smt. Kumbalagunte Gowramma (Deceased) by L.Rs. and Others Vs. Kumbalag ...

Court : Karnataka

Decided on : Aug-10-2000

Reported in : ILR2000KAR3695; 2001(2)KarLJ456

..... in respect of property which the woman acquired by inheritance, in a way to a very limited extent recognising the old hindu law in the matter, which restricted a woman's estate in inherited property and provided for its devolution as from the last full owner. prima facie, ..... coparcener is entitled to deal with the said properties as if they are his separate properties. 10. in mulla's hindu law, 15th edition by s.t. desai at page 345, item 257, the law on the subject is briefly stated as follows.-- 'alienation by sole surviving coparcener.--(1) a person who for the ..... 1) in the order specified therein, but upon the heirs of the father; and (b) any property inherited by a female hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any predeceased son or daughter) ..... her cannot be treated as one inherited by her from her father and so, section 15(1) only would apply. whereas, succession to a female hindu generally is provided for under sub-section (1) of section 15 an exception has been engrafted under sub-section (2) recognising a different mode of devolution ..... and (e) lastly, upon the heirs of the mother. (2) notwithstanding anything contained in sub-section (1)-- (a) any property inherited by a female hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any predeceased son or daughter) not .....

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Aug 23 2000 (HC)

H.M. Muninarayana Vs. Chief Electoral Officer in Karnataka and Others

Court : Karnataka

Decided on : Aug-23-2000

Reported in : AIR2001Kant14; ILR2000KAR3319; 2000(6)KarLJ388

..... appellant is liable to penalty nevertheless as he knows he is not qualified for membership of the legislative assembly and yet he acts contrary to law. 26. the question that arises for consideration is if in such circumstances high court cannot exercise its jurisdiction under article 226 of the constitution ..... the high court its powers under article 226 of the constitution can be exercised when there is any act which is against any provision of law or violative of constitutional provisions and when recourse cannot be had to the provisions of the act for the appropriate relief. if circumstances like ..... the appropriate authority for including his name in the voters list. it is left to the authority concerned to conform to the requirement of law and satisfy whether the applicant could be included in the voters list of the particular legislative assembly constituency or not. the applicant cannot do ..... within the jurisdiction of the assistant commissioner, bangalore north sub-division, the 3rd respondent herein, with respect to the exercise of power under electoral laws is concerned he was under the jurisdiction of the assistant commissioner, bangalore south sub-division, the 2nd respondent herein.6. the learned counsel for the ..... virtue of article 329(b). this is what is stated in this behalf in the said judgment. 'we have projected the panorama of administrative law at this length so that the area may not be befogged at the trial before the election court and for action in future by the .....

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Jan 05 2000 (HC)

Commissioner of Income-tax Vs. Sri Balaji and Co.,

Court : Karnataka

Decided on : Jan-05-2000

Reported in : [2000]246ITR750(KAR); [2000]246ITR750(Karn)

..... for special services rendered to individuals by some governmental agency and such a charge has an element in it of a quid pro quo. commissioner, hindu religious endowments v. sri lakshmindra thirtha swamiar of sri shirur mutt : [1954]1scr1005 . excise duty is primarily a duty on the production or manufacture ..... raj kishori : [1987]164itr376(sc) , it was observed that, tax is a compulsory exaction of money by a public authority for public purposes enforceable at law and not a payment for services rendered. 27. it was further observed (page 384) : 'this definition brings out, in our opinion, the essential characteristics ..... the grantee is given a licence on payment of the auction price. the regulation specifically authorises this. it is not a fee levied without authority of law as was the situation in rashid ahmed v. municipal board of kairana, : [1950]1scr566 .' 23. on behalf of the respondent, it is submitted ..... to the changed provisions in the karnataka excise act, 1965, especially the provisions of section 24 of the said act, the tribunal was right in law in holding that 'kist' amount payable to the government by the assessee could not be brought within the purview of provisions of section 43b of ..... to the changed provisions in the karnataka excise act, 1965, especially the provisions of section 24 of the said act, the tribunal was right in law in holding that 'kist' amount payable to the government by the assessee could not be brought within the purview of provisions of section 43b of .....

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Jan 05 2000 (HC)

Commissioner of Income Tax Vs. Sri Balaji and Co. and ors.

Court : Karnataka

Decided on : Jan-05-2000

Reported in : (2000)163CTR(Kar)410

..... & ors. : [1987]164itr376(sc) it was observed that, tax is a compulsory exaction of money by a public authority for public purposes enforceable at law and not a payment for services rendered.17. it was further observed :'this definition brings out, in our opinion, the essential characteristics of a tax as distinguished ..... as 'duty' for the purpose of provisions of section 43b of the income tax act, 1961 ?'in itrc no. 342/98, the following question of law has been referred :'whether, on the facts and in the circumstances, the tribunal was right in holding that 'kist' payable by the assessee to the ..... diesel and shop rent which included expenses of rs. 11,26,788 under high speed diesel account?'in itrc no. 791/98, the following question of law has been referred :'whether, on the facts and in the circumstances of the case, particularly having regard to the changed provisions in the karnataka excise act, ..... 1965, especially the provisions of section 24 of the said act, the tribunal was right in law in holding that 'kist' amount payable to the government by the assessee could not be brought within the purview of provisions of section 43b of the ..... be brought within the purview of provisions of section 43b of the income tax act, 1961 ?'in itrc no. 5/96, the following question of law has been referred:'whether on the facts and in the circumstances of the case, particularly having regard to the changed provisions in the karnataka excise act, .....

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Mar 16 2000 (HC)

The Karnataka Board of Wakf, Bangalore Vs. State of Karnataka and Othe ...

Court : Karnataka

Decided on : Mar-16-2000

Reported in : 2000(3)KarLJ602

..... entitle a person rendering any religious service in the religious institution for registering him as an occupant, is contrary to the well-settled principles of law as kazi is only a superintendent or manager, he has no power to claim property independently as that of wakf. his position is analogous to ..... wherein it is held that the dedication of property need not be in favour of dargah. grants by way of service inams for purposes recognised by muslim law as pious, religious or charitable constitute the property as 'wakf property. wakf property being permanent dedication, grant of patta under inams act does not nullify ..... kazi the functions whereof, though judicial at its inception, later became wholly or almost wholly religious, can never be hereditary in nature. the muslim law does not recognise a hereditary priestly class but requires that the office of a kazi or of a mulla must be held by a person duly ..... and thereby attracting the provisions of section 6-a of the karnataka religious and charitable inams abolitions act, 1955. besides that, the provisions of mohammedan law go to show that the meaning of word is derived from cases which refer to wakf property. so the argument of sri s.m. somasekharappa ..... or the proceeds thereof for the maintenance or support in perpetuity of a specific object or of a series of objects recognised as pious by mohammedan law, it amounts to a valid and binding dedication'.it is also further held:'the position of kazi is analogous to the position of shebait, .....

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Jul 04 2000 (HC)

Kalaiah Alias Kalinga Vs. State of Karnataka

Court : Karnataka

Decided on : Jul-04-2000

Reported in : 2001CriLJ785; ILR2000KAR4439; 2001(1)KarLJ500

..... the prosecution are the motive, the last seen together, absconding and the conduct of the accused. 11. learned amicus curiae for the appellant has vehemently contended before us that the law regarding circumstantial evidence is well-settled and it is only when the circumstantial evidence satisfy 3 tests namely, circumstantial evidence from which an inference of guilt is sought to be ..... the guilt of the accused. he also contended that if the circumstantial evidence placed on record is examined in its proper perspective, it clearly satisfies the requirements laid down under law. he therefore contended that the judgment and order of conviction of the trial court needs no interference. 13. we would examine the material on record qua each of the aforesaid .....

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Jul 05 2000 (HC)

H. Surendra Shetty Vs. Vijaya Bank, M.G. Road, Bangalore and Another

Court : Karnataka

Decided on : Jul-05-2000

Reported in : ILR2000KAR2413; 2000(5)KarLJ419

..... by censuring the petitioner, he also mentioned the futility of instituting a fresh disciplinary enquiry as, according to him, it would not be valid in law. i refrain from dealing with this aspect in detail as it is the subject-matter of an appeal pending consideration. but suffice, for my purpose ..... have imposed a minor penalty on the petitioner without hearing him which goes against the time tested principle of audi alteram partem which is impermissible in law.24. while on this subject, it would be useful to refer to the office memorandum issued by the government of india, ministry of personnel, ..... this procedure on the ground that investigations were ordered by the bank or charge-sheet was contemplated, was not justified. it is now well-settled law that the duty to comply with natural justice is implied where the administrative function affects the civil rights of an individual or inflicts consequences upon ..... the case of the officials for promotion to the higher cadre and that the enquiry was only under contemplation.20. the meaning given in black's law dictionary, 5th edition (1979) for the word 'contemplation' is as follows:'the act of the mind in considering with attention. continued attention of the ..... of charge-sheet cannot serve as a basis to support the adoption of the 'sealed cover procedure'. if such an interpretation can be permitted in law, then anyone and everyone can be denied a promotion on the mere assertion by the bank that it is contemplating issuing of charge-sheet. .....

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Jul 06 2000 (HC)

B. Parimala and ors. Vs. Riyaz Ahmed and ors.

Court : Karnataka

Decided on : Jul-06-2000

Reported in : ILR2001KAR1443

..... at best the loss the family will be the share of the deceased and not the entire income. the punjab high court held as follows:'the hindu undivided family which owned the concern considered of the deceased, his wife and the minor children of very tender age. it is therefore, apparent that ..... account in assessing loss to the dependents; and (ii) the immoveable property and other income yielding assets inherited by the dependents under the appropriate law of succession are not benefits accruing by reason of the death of the deceased.'20. there is a difference between an income earned by a ..... the benefit of the partnership business 'by reason of the death' of mohammed basheer. they always possessed it.'the court, after, referring to relevant case law, proceeded to formulate the following two principles:'(i) the income from a business establishment for which the deceased was solely responsible, is lost to the estate ..... -17.1) in helen c. rebello (supra), the supreme court held thus:'so far as the general principle of estimating damages under the common law is concerned, it is settled that the pecuniary loss can be ascertained only by balancing on one hand, the loss to the claimant of the ..... in inadequate. they contend that the deduction of rs. two lakhs from the compensation, on account of receipt of life insurance amount, is contrary to law. they also contend that the loss of dependency calculated by taking the contribution by the deceased as rs. 3,000/- per month is erroneous. according .....

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