Skip to content


Judgment Search Results Home > Cases Phrase: the east punjab extension of limitation act 1947 Court: karnataka Page 2 of about 29 results (0.023 seconds)

Dec 12 1957 (HC)

Chandappa Vs. SadruddIn Ansari

Court : Karnataka

Reported in : AIR1958Kant132; AIR1958Mys132; ILR1957KAR448; (1958)36MysLJ139

..... issued by different state governments, under section 35 of the indian court-fees act. in most of these notifications the less have been reduced or remitted with reference to a class of persons, who, according to the concerned governments deserve remission or reduction. the state gov government of east punjab have conferred the benefit under this section to the displaced persons. the gov ..... not a provision to regulate the powers of the government. it is a power conferring section. it must be given its full amplitude. the section merely lays down the outer limits of the power of the government. it is for the gov government to choose both the area and the class of people to be benefited by the remission or reduction ..... in question. read this way the power of the gov government to reduce or remit the court-fees, is co-extensive with that of the legislature. it must be remembered that it is a power to reduce or remit the court-fee und not to impose. 8. if the government's ..... 132-(f). the rajpramukh is pleased to exempt all displaced destitute persons in the whole of the hyderabad state who during the period of 2 years commencing from 13th sep. 1947 to 13th sep. 1949 have been dispossessed of their immoveable property, from the payment of the court-fees payable under schedule nos. 1 and 2 of the said .....

Tag this Judgment!

Jun 06 2016 (HC)

K.V. Shivakumar and Others Vs. National Institute of Mental Health and ...

Court : Karnataka

..... the mischief of principles of res judicata under section 11 of cpc? [v] whether the suit is barred by time in view of article 58 of the limitation act? point no.[i]: question of title 48. the learned counsel for the appellant contended that the plaintiff has filed the suit for declaration of title and for ..... section 4 (1) or section 6 (1) or the award proceedings to show that the said lands were acquired by the government for the purpose of extension of sanitorium building. ultimately, it concluded that the plaintiffs had satisfactorily proved that they had been in lawful possession over the suit schedule property as on the ..... plaintiff-institute also relied on the following judgments: in the case of girdhari lal bansal vs. the chairman, bhakra beas management board, chandigarh and others [air 1985 punjab and haryana 219] it was held as under:- 4. after hearing the learned counsel for the parties, i give the following issue-wise. issue no. 1. ..... dated 12.10.1944, the lands were notified for acquisition for construction of tuberculosis sanitarium. dealing with the lands of munivenkatappa in r.a.no.132/1947-48, it is observed that the claim relates to payment for loss occasioned by sufficient time not being allowed to remove the seedlings on the land ..... have produced certified copy of the judgment of the division bench of this court in regular appeal nos.125, 131 and 132 of 1947-48 decided on 1.4.1949. one such appeal was preferred by y. munivenkatappa who was the appellant in r.a.no.132 .....

Tag this Judgment!

Feb 14 2011 (HC)

D. Sudhakar and Others Vs. D.N. Jeevaraju and Others

Court : Karnataka

..... on the district magistrate to take action against unauthorized occupation in contravention of the provisions of the u.p. (temporary) control of rent and eviction act, 1947, but there was a proviso to the section which enabled the district magistrate not to evict a person found to be in unauthorized occupation, if the ..... premises without an order of allotment in his favour as required by section 7(2) of the u.p (temporary) control of rent and eviction act, 1947, was permitted to retain the premises by treating his occupation lawful and this court declined to interfere with that order. no doubt it must be ..... brundaban nayak vs. election commission of india and another, reported in air 1965 sc 1892 and in the case of state of punjab vs. m/s. geeta iron and brass works limited, reported in air 1978 sc 1608, which fortify our view.) it is further relevant to note the observations made by the ..... 4) after considering the comments, if any, in relation to the petition, received under sub-rule (3) within the period allowed (whether originally or an extension under that sub-rule), the speaker may either proceed to determine the question or if he is satisfied, having regard to the nature and circumstances of the ..... party. now i am coming on the ticker of another party, or i am coming as an independent person. would you elect me? there was an extensive debate relating to the status of the independent members. sri jagan nath kaushal, member, has expressed his views on this point in the debate as under: .....

Tag this Judgment!

Jul 14 2011 (HC)

The Executive Engineer and Another Vs. Sri Zulfegar Ali

Court : Karnataka Gulbarga

..... the applications filed u/s.10(4-a) beyond 6 months and condone the delay for sufficient cause in view of sec.5 of limitation act. 22. in view of the reasons and discussions made above, it is to be held that the government will have no jurisdiction to make ..... delay in filing the application beyond 6 months for sufficient cause. in the khaleel ahmeds case, the question of applicability u/s.5 of limitation act is not argued and considered and the said aspect being res integra it is to be held that the labour court will have jurisdiction to entertain ..... act, 1947. 10. the counsel also relied upon decision of supreme court in ajaibsingh vs. sirhind co-op. marketing-cum-processing service society ltd, and another, 1999 lab 1435 wherein it is held that article 137 of the limitation act, 1963 is not applicable for the reference made u/s.10(i)(c). the decision of the full bench of the punjab ..... 10 the following observations are made: 10. it follows, therefore, that the provisions of article 137 of the schedule to limitation act, 1963 are not applicable to the proceedings under the act and that the relief under it cannot be denied to the workman merely on the ground of delay. the plea of delay ..... wages. in w.p.no.82272/2009, the respondent was working as daily wage-worker from 1982 to 30.9.1987 in the office of sericulture extension officer, bijapur. the respondent was terminated from service on 30.9.1987. the government made reference. there was delay of 18 years in making reference. .....

Tag this Judgment!

Apr 25 1986 (HC)

Fci Loading and Unloading Workers Union Vs. Food Corporation of India

Court : Karnataka

Reported in : ILR1986KAR2579

..... have the right to an adequate means of livelihood. article 41, which is another directive principle, provides, inter alia that the state shall, within the limits of its economic capacity and development, make effective provision for securing the right to work in cases of unemployment and of undeserved want. article 47 provides ..... workmen employed by its independent contractor had been judicially determined by the supreme court as early as in the year 1955 in shivanandan sharma v. the punjab national bank ltd., : (1955)illj688sc the supreme court observed as follows:'the appellate tribunal held that on a reading as a whole of the ..... in the latest decision of the house of lords in the case of mersey docks and harbour board v. coggins and griffith (liverpool) ltd. 1947 ac 1(c). the house of lords distinguished that ruling on facts but did not depart from the general rule laid down in the earlier decision ..... v. d. j. bahadur and ors., 1981 (1) llj 1.section 30(2) also throws some light on the scheme of the act. though the act permits the principal employer to engage contract labour, it is open to the workmen to enter into a contract with the principal employer directly for ..... in its various godowns and railheads in bangalore district as illegal, irregular, arbitrary and discriminatory being opposed to the provisions of the industrial disputes act and article 14 of the constitution and for a writ in the nature of mandamus directing the corporation not to retrench the aforesaid workers without .....

Tag this Judgment!

Sep 24 1991 (HC)

Management of Guest Keen Williams Ltd. Vs. Presiding Officer, Ii Addl. ...

Court : Karnataka

Reported in : ILR1991KAR3731; 1992(1)KarLJ255

..... worked for 240 days. under such circumstances, there is no scope for applying section 25-f of the industrial disputes act, 1947, at all. therefore, section 2(oo) of the i.d. act relating to retrenchment cannot arise. concerning this the first respondent has not properly appreciated the evidence placed before it viz ..... employee must be ill and must also receive sickness benefit, would make the section wholly unworkable. that is why we do not think that they limitation which mr. sastri seeks to introduce by suggesting that sickness benefit must be paid during the course of illness itself, can be read into ..... originally granted to him was to expire. the said application was accompanied by a medical certificate stating that the employee was suffering from jaundice. that application for extension of leave was for 20 days.' in desikachari v. the mail, (1961-ii-llj-771) the madras high court, dealing with voluntary retirement, held thus ..... remain in service, merely wants better service conditions or fight for more benefits. to equate, therefor, strike with voluntary abandonment is wrong. reliance placed on punjab l.d. & r.c. ltd's case (supra) is out of context. as seen from paragraph 83, even a case of disciplinary enquiry ..... propounded by lord asquith which met with approval at the hands of the supreme court is to be applied. the said dictum of lord asquith in east end dwellings co. ltd. finsbury borough council, 1952 ac 109, is as follows :- 'if you are bidden to treat an imaginary state of .....

Tag this Judgment!

Aug 12 1998 (HC)

The Mysore Paper Mills Limited, Bhadravathi Vs. the Mysore Paper Mills ...

Court : Karnataka

Reported in : ILR1998KAR3620; 1998(6)KarLJ667; (1999)IILLJ552Kant

..... with the transfer order issued to the 2nd respondent. similarly the memo of charges issued on 21-4-1998, as per annexure-r15 to the 2nd respondent for applying for extension of leave and avoiding to report for duty at the regional office, calcutta, also cannot be taken into consideration to decide the point in issue when the said action ..... xerox copy of the certificate annexure-kkk issued by the government dated 24-2-1983 produced by the respondents clearly discloses that mysore paper mills limited is a government company as per section 617 of the companies act, 1956. it is seen from the memorandum of association of the appellant-company annexure-eee produced by the respondents that the said company ..... another decision rendered in manmohan singh jaitla v commissioner, union territory, chandigarh and others, it was held:'(c) punjab aided schools (security of service) act (19 of 1969) as extended to union territory of chandigarh, section 3 -- aided school receiving protection under the act -- school subject to regulations made by education department -- it is other authority within article 12 of constitution and ..... association, the action taken by the appellant in transferring the respondent 2to regional office at calcutta is to be considered as an act of victimisation, cannot be accepted. in another decision of the supreme court rendered in state of punjab v joginder singh dhatt, it is held that:'transfer -- order passed purely on administrative grounds -- in ordinary course and to .....

Tag this Judgment!

Apr 11 1989 (HC)

Nanjanayaka and Etc. Etc. Vs. State of Karnataka and Others

Court : Karnataka

Reported in : AIR1990Kant97; 1989(2)KarLJ202

..... that price fixation and become, as it were, the price fixed by the controller. the effect of this would be that in madhya bharat before the extension of the indian scrap order the maximum prices chargeable by the specified type of dealer falling under column ii wouldbe those applicable to dealers in column iii ..... 54 in list i. .....the effect of reading the two entriestogether is clear. the jurisdiction of the state legislature under entry 23 is subject to the limitation imposed by the latter part of the said entry. if parliament by its law has declared that regulation and development of mines should be in public ..... state of madras enjoyed the same proprietary rights as other owners of land in the erstwhile state of mysore.'and referring to the rules held:--'an extensive reading of the provisions contained in ch. iii does not give any indication that the owner of the land if he intends to quarry the granite ..... also. it is relevant to recapitulate what bose, j., has stated in state of bombay v. united motors limited : [1953]4scr1069 .'.....nevertheless i am not prepared to agree that rules can save an act. rules are made by a subordinate authority which is not the legislature and i cannot agree that the validity of ..... there is a simultaneous enactment unless a contrary intention appears from the new enactment. as observed by this court in the state of punjab v. mohar singh (air 1955 sc 84), whenever there is a repeal of an enactment, the consequences laid down in s. 6 of the general .....

Tag this Judgment!

May 11 2015 (HC)

J. Jayalalitha and Others Vs. State, By the Superintendent of Police, ...

Court : Karnataka

..... degree and character of proof which the accused is required to adduce for rebutting the presumption under section 4[1] of the prevention of corruption act, 1947, cannot be equated with the burden resting on the prosecution to prove its case beyond reasonable doubt, a near plausibility of his explanation under section ..... specific performance of the respective sale agreements. the said sale agreements were not cancelled by a.2 sasikala. to his knowledge there was no extension of time for the performance of the above agreements. the amounts received as advance under the said sale agreements were not refunded to the ..... or otherwise and after giving an opportunity to the opposite party to contest the correctness of such evidence by cross examination. [ilr 1963 [2] punjab 28]. disproportionate means out of proportion, lack of proportion or equality relatingly too large or small; lack of balance or equality; failure to be ..... means of such knowledge about the facts deposed by him, his testimony would not be evidence under any principle of law. [1969 [71] punjab law reports 68]. the evidence of the contents contained in the document is hearsay evidence unless the writer thereof is examined before the court. an ..... place of occurrence: madras and other places (a) direction and distance from p.s: south east about 3 kms. beat no: does not arise. (b) address: no.36, poes garden, madras- 600 086. (c) in case outside limit of this police station, then the name of p.s: nil 6. complainant/informant: (a .....

Tag this Judgment!

Jun 06 2016 (HC)

K v Shivakumar Vs. National Institute of Mental Health and Neuro

Court : Karnataka

..... mischief of principles of res judicata under section 11 of cpc?. [v]. whether the suit is barred by time in view of article 58 of the limitation act?. - 53 - point no.[i].: question of title48 the learned counsel for the appellant contended that the plaintiff has filed the suit for declaration of title ..... section 4 (1) or section 6 (1) or the award proceedings to show that the said lands were acquired by the government for the purpose of extension of sanitorium building. ultimately, it concluded that the plaintiffs had satisfactorily proved that they had been in lawful possession - 165 - over the suit schedule ..... in the first suit, the second suit cannot be considered to have been brought in respect of the same subject matter as the first suit .112. the punjab high court in the case of alla naur sheikh mohd. ismail vs. mohd. nisa abdul rehman and others [air1962punjab50 held as under:- - 148 - 6. ..... 12.10.1944, the lands were notified for acquisition for construction of tuberculosis sanitarium. dealing with the lands of munivenkatappa in r.a. no.132/1947-48, it is observed that the claim relates to - 65 - payment for loss occasioned by sufficient time not being allowed to remove the seedlings ..... /o narasimha gowda age: major, no.3, church street basavanagudi bangalore 560 004.13. smt.meera nandakumar w/o nandakumar age: major, no.28, upstairs east circle road vishweshwarapuram bangalore 560 004.14. d.vijayaraghavan s/o d.t.l.iyengar age: major, no.869, 20th main, 32nd cross, 8th block, .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //