Karnataka Court November 1994 Judgments
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E.N. Srinivas Vs. Bangalore University
Court: Karnataka
Decided on: Nov-09-1994
Reported in: ILR1994KAR3469; 1995(1)KarLJ159
ORDERSaldanha, J1. This Petition raises an issue of significance pertaining to the purity of procedure that is incumbent in the conduct of public authorities in matters pertaining to recruitment. The moot point that has been vehemently debated centers around the question as to whether a public authority is justified in aborting the recruitment sequence prior to its reaching a stage of finality. While it is conceded that the power to suspend or modify the process is inherent, the further subsidiary question that has been posed is as to whether the manner in which that power is exercised can be questioned. As a corollary, the incidental aspect of the matter that falls for determination is as to whether in cases where that power is improperly exercised, a Court would be justified in directing the derailed process to be restored to its original point and to be continued in the same manner as though it would have proceeded but for the interruption or variation. A few of the relevant facts t...
Parvathi Vs. Daji Ramu Ghatage
Court: Karnataka
Decided on: Nov-09-1994
Reported in: ILR1995KAR881; 1994(5)KarLJ277
Hari Nath Tilhari, J.1. This is plaintiff's Appeal arising out of judgment and decree dated 15.4.1994. The plaintiff has filed the suit seeking declaration of certain deeds i.e., Sale Deeds, Gift Deeds and the like which are mentioned in Schedule-A to the plaint and are alleged to have been executed by defendant-respondent-1 are illegal, unlawful and not binding on the plaintiff. The plaintiff-appellant claimed herself to be the daughter of defendant/respondent-1 and filed the above suit for declaration on the basis of spes successionis.2. The Trial Court dismissed the suit on the ground that the suit of this nature cannot be tiled by a person who has got no right, title and interest in the property involved during the life time of the transferor simply on the basis of spes successionis. The Trial Court took the view that the suit on the basis of spes successionis cannot be filed during the life time of the transferor by the prospective heirs and particularly when defendant No. 1 the t...
M. Puttaranganaika Vs. Director of Municipal Administration
Court: Karnataka
Decided on: Nov-08-1994
Reported in: ILR1995KAR135; 1994(5)KarLJ454
ORDERKumar Rajaratnam, J 1. The Petitioner is the President to the Town Municipal Council, Gundlupet Town, Mysore District. He challenges the legality of the order dated 13.01.1994 passed by the Director of the Municipal Administration - First Respondent herein, - removing him from the office of the President of the Town Municipal Council, Gundlupet for alleged misconduct in the discharge of his duty by virtue of the power under Section 42(10) of the Karnataka Municipalities Act, 1964. Various grounds have been raised by the Petitioner. The Petitioner also challenges the Constitutional validity of Section 42(10) of the said Act. I have dealt with this case firstly to ascertain whether the impugned order passed by the First Respondent is based on legal evidence.2. I have heard at length the submissions of Mr. G.S. Visveswara, learned Senior Counsel for the Petitioner and Mr. U.L. Narayana Rao, the learned Senior Counsel for the Third Respondent and the learned High Court Government Plea...
Commissioner of Income-tax Vs. Bharat Earth Movers Ltd.
Court: Karnataka
Decided on: Nov-07-1994
Reported in: (1995)123CTR(Kar)276; ILR1994KAR3238; [1995]217ITR515(KAR); [1995]217ITR515(Karn); 1996(41)KarLJ508
R.V. Vasanthakumar, J. 1. At the instance of the Revenue, the following question of law has been referred to this court under section 256(1)of the Income-tax Act, 1961 : 'Whether, on the facts and in the circumstances of the case, the provision for making the liability for encashment of earned leave by the employee is an admissible deduction?' 2. The assesses company introduced a scheme by virtue of which employees of the assesses company were entitled to encash leave at their credit. The assesses, in its books of account, maintained an entry as accrued leave reserve to which it credited every year liability in respect of leave based on leave entitlement of every employee and having made such provision of meet the liability in regard to payment of leave with wages claimed deduction in respect of that provision. The original assessing authority disallowed the claim. On appeal, the first appellate authority, placing reliance on an order passed in Income-tax Appeal No. 3222340/(Bang.) of ...
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