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Judgment Search Results Home > Cases Phrase: the east punjab extension of limitation act 1947 Sorted by: recent Court: karnataka Page 1 of about 29 results (0.024 seconds)

Dec 12 1997 (HC)

Mrs. Flora Chandrabai Vs. Mrs. Navaneetha Suganthamani and ors.

Court : Karnataka

Reported in : ILR1998KAR3685

..... it has to be an application to a court for the reason that sections 4 and 5 of the 1963 limitation act speak of expiry of prescribed period when court is closed and extension of prescribed period if applicant or the appellant satisfies the court that he had sufficient cause for not preferring the appeal or making the application during such period. article ..... kshirsagar and anr, : air1987mp145 bombay high court in vasudev daulatram v. sajni prem, : air1983bom268 and the calcutta high court and punjab and haryana high court in state of punjab v. sh. vishwajit singh and ors, . have also taken the view that limitation act, 1963 including article 137, has no application for grant of probate. we are in respectful agreement with the reasonings of the ..... said decisions.11. however the appellant referred to the decision of punjab & haryana high court in the case of 'in the matter of estate of gurcharan dass puri' reported ..... held therein that article 137 applies for obtaining letters of administration though not for 'probating a will'. besides the same court in a later decision i.e., in state of punjab referred to supra has distinguished the said case and has held, article 137 has no application for 'obtaining probate'.12. the next decision relied on by the appellant in hari .....

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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 .....

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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 .....

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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, .....

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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 .....

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Dec 17 2014 (HC)

High Court of Karnataka, Represented by the Registrar General and Othe ...

Court : Karnataka

..... are considered in strict legal propriety as principals in the first or second degree or merely as accessories before or after the act. but if the participation of accessories is limited to the knowledge that crime is to be committed, they are not accomplices. 219. the mere fact that a person ..... course of investigation and they have examined him as a witness to prove the charges levelled against the accused. 242. pw54 has been cross-examined extensively by the accused. nowhere in evidence, he has admitted his guilt or participation in the crime; his statement is exculpatory in nature. therefore, ..... loss and all the arms and ammunitions would be exhausted. then he would enter india with nine lakh followers (pathans). soon after setting foot on punjab, his followers would create havoc in southern india, paving way for his easy entry into that part too. 13. the organisers of deendar anjuman ..... -10's residence had the connections bearing no. 8538159 and 8538537 whereas the third landline bearing no. 5711064 however was in another house bearing no.1, east street, annayyappa garden, neelasandra, bangalore. during enquiry, it was found that a-10 is the brother of absconding a-16. 347. p.w.40 ..... be a ground to disbelieve the prosecution case. 306. the conditions necessary of operation of section 27 of evidence act, are enunciated in pulukuri kottaya and others vs. emperor reported in air (34) 1947 privy council, wherein it is held that : "10. section 27, which is not artistically worded, provides .....

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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. .....

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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: .....

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Dec 19 2008 (HC)

Flemingo Dutyfree Shops Pvt. Ltd., a Company Incorporated Under the Co ...

Court : Karnataka

Reported in : 2009(5)KarLJ9

..... aggregate that is controlling.in the aggregate, these factors depict a monopolist providing essential services as a licensee of the state and within a framework of extensive state supervision and control. the particular regulations at issue, were authorised by state law and were made enforceable by the weight and authority of the state ..... decisions of the supreme court reported in 1978(3) scc 503 @ 510 in the case of dr. amarjit singh ahluwalia v. the state of punjab and ors. wherein the law has been laid down at para 9 as under:9 it is interesting to notice that in the united states it ..... of the nation is an agency or instrumentality of the state and would be subject to the limitations expressed in article 13(2) of the constitution, a state is an abstract entity. it can only act through the instrumentality or agency of natural or juridical persons. therefore, there is nothing strange in ..... in four geographical locations namely america, europe, russia and cis and middle east it is also engaged in airport operations at birmingham, dusseldorf, larnaca, hamburg and paphos.8. the petitioner-company has got vast experience in setting up ..... start duty-free retailing business in the world and it was the first to find duty-free shop at shannon airport at ireland in the year 1947, it has got 60 years of experience in the trade. its retail business turnover for 2006 was in excess of 900 million us$. it operates .....

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Mar 17 2005 (HC)

Smt. M. Chandravathi and anr. Vs. Union of India (Uoi)

Court : Karnataka

Reported in : III(2005)ACC322; 2005ACJ1465; ILR2005KAR3671

..... the claimants as the provision is prospective in its application.ii) that section 5 of the limitation act had no application to the case and that there is no power for extension of the period of limitation on equitable ground. since the appellant no. 1 was working as a teacher in a school ..... is preferred to a literal construction, in case there is any doubt. in this case, the application of section 17-b of the industrial disputes act, 1947, for awards passed, before the introduction of the section fell for consideration. the apex court, holding that the labour court had the power to ..... ors. v. ram kumar and anr. (supra) a constitution bench of the apex court dealing with punjab pre-emption act, (1 of 1913), while interpreting section 15, as substituted by haryana amendment act, 1995 which vests right of pre-emption in tenant has held that the rule of benevolent construction cannot be ..... inter alia for:a) the jurisdiction, powers and authority which may be exercised by the claims tribunal;b) the procedure (including provision as to limitation) to be followed by the claims tribunal;c) the exclusion of jurisdiction of all courts exercising ordinary original civil jurisdiction relating to specified claims ..... the evidence. therefore, the same cannot be entertained. the various decisions which the learned counsel for the appellant has cited with regard to the limitation do not require to be referred to or noticed, having regard to the fact that we have already held that the claim itself is not .....

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