Court : Karnataka
Decided on : Mar-14-2002
Reported in : ILR2002KAR2531; 2002(5)KarLJ194
..... officer refuses to respect the anticipatory bail order that is produced that this court will have no hesitation in taking stringent steps for criminal contempt under the contempt of courts act irrespective of who the defaulter is. this is very necessary as otherwise the whole purpose of obtaining the anticipatory bail is totally frustrated. 3. it has been pointed out to .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-29-2002
Reported in : 2002CriLJ4779; ILR2002KAR4791; 2003(1)KarLJ265
..... the prevention of food adulteration (7th amendment) rules, 2000.(2) they shall come into force on 29th march, 2001.2. ..... drinking water is the same as used in section 2(v) of the act 1954 or not?6. in order to consider the above said point it is just and necessary to refer to the amended rules with reference to section 2(v) of the act 1954.the amended rules reads as follows.--1. (1) these rules may be called ..... constituted under the bureau of indian standards act is not correct. the industry in question which manufactures packaged drinking water is not a schedule industry under the above said enactments. but, the amended rules provide for certification regarding isi mark and therefore, the certification if any is only under the amended rules and not under the above said enactments .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-30-2002
Reported in : ILR2002KAR5199; 2003(1)KarLJ423
..... case of a councillor or member whose term of office has commenced on or before the date of commencement of the karnataka local authorities (prohibition of defection) (amendment) act, 1995, after expiry of six months from such date.(3) xxx xxx xxx(4) notwithstanding anything contained in the foregoing provisions of this section, a person ..... the case of a councillor or member whose term of office has commenced on or before the date of commencement of the karnataka local authorities (prohibition of defection) (amendment) act, 1995, within six months from such date. (2) an elected councillor, as the case may be, a member, who has been elected as such, otherwise ..... , j., in viswanath kappathanavar's case, supra, 'unethical and unprincipled conduct on the part of members of political party'.16. to achieve the purpose of the act, act has defined what is a 'political party', what constitutes a 'defection' and the 'consequences of defection'. since one of the main questions canvassed by the petitioner .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-13-2002
Reported in : ILR2002KAR1544; 2003(2)KarLJ380
..... of that college, either by the state bar councils prescribing such a requirement by making rules under section 24(l)(e) or by appropriate amendment of the advocates act or the legislation governing universities. in fact from the academicyear 2002-03, this has been done in an indirect manner by the karnataka state universities ..... afraid that such an interpretation is wholly unwarranted and impermissible. the words 'any university in india' refer only to a university constituted under any central or state act and does not include or refer to any independent private college which is affiliated to such university.15. this court dealt with this aspect in shiva shankara s ..... obtained a degree in law after undergoing a three year course of study in law from bangalore university which is recognized by bci for the purposes of the act. therefore, the petitioners fulfil the requirements for enrolment and cannot be denied admission as advocates on the state roll.12. the learned counsel for bci contended .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-08-2002
Reported in : 2003(2)KarLJ563
..... the witnesses examined on their behalf. now it is to be seen that the provisions contained under order 18, rule 4(1) of the cpc as amended by the cpc amendment act of 2002 clearly provides that the deposition of a witness, which expression as i have already stated also includes a party to the suit, in chief examination ..... in course of a suit or other proceedings except where the order made would have finally disposed of the suit or other proceeding. by this amendment which has been brought about by the amending act of 1999, the power of the high court in the matter of revision under section 115 of the cpc has been curtailed; the intention ..... the matters wereheard today. the appeals are directed against the orders made by venkataramaiah, j., refusing to stay the operation of rule 11 of the karnataka cinema (regulation first amendment) rules, 1974 pending disposal of the writ petition nos. 6373 and 6367 of 1974. in those two writ petitions, the appellants have challenged the validity of rule 11 .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-21-2002
Reported in : [2002(93)FLR1043]; ILR2002KAR2337; 2002(3)KarLJ65
..... the appellant was appointed on a temporary basis and he was ultimately terminated on the ground that there was certain alleged misconduct. in the additional objections statement, the following acts of misconduct are referred to.-(i) absenteeism on 4-4-1992. (ii) absenteeism from 17-8-1992 to 28-9-1992. (iii) negligence of duty by closing ..... the facts of the present case it can be said that since the appellant was a workman and the respondent-bank is an industry under the industrial disputes act the action taken by the respondent-bank in terminating the services of the appellant amounts to 'retrenchment' and since the appellant had worked continuously for more than ..... 240 days such retrenchment could be done only in accordance with provisions of section 25-f of the industrial disputes act, 1947. the said provisions were admittedly not complied with because one month's wages in lieu of notice were not paid at the time of such retrenchment on .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-13-2002
Reported in : AIR2002Kant232; ILR2002KAR3078
..... time limit for the election commission to call upon the constituency to elect its representative to fill the vacancy: that subsequent to the said decision, the act had been amended by amendment act 21 of 1996 with effect from 1-8-1996 whereby section 151a has been inserted fixing the time limit for filling the vacancies referred to in section 150 ..... the law laid down by the supreme court is directly applicable in such a situation. the remedy if at all any, lies by way of a further amendment to the act or by requesting the court seized of the election petition to dispose of the matter early.15. the petitioner is not entitled to the reliefs sought. the petition ..... , and that having regard to the stipulation of time limit of six months fixed under section 151a of the act, the ratio in sanjeevayya will no longer apply .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-16-2002
Reported in : II(2002)ACC671; ILR2002KAR2490; 2002(5)KarLJ307
..... not prefer an appeal against the quantum of compensation, in such an eventuality the act enables the insurer to contest it on all grounds available to the insured including preferring an appeal against the award. therefore, in view of this legal position any appeal ..... the legal remedy of appeal should not be adopted unless there is a statutory compulsion. there is nothing in section 173 or in the other relevant provisions of the act, which debars the insurance company to resort to the remedy of appeal when it knows that the award is unjust. therefore, it was held when the insured does ..... -10-1996 collided with a lorry and died. respondents 1 to 3 and one devappa, petitioners 1 to 4, filed a petition under section 166 of the motor vehicles act, 1988 claiming compensation of rs. 10,00,000/- on 30-11-1996. respondent 2 the insurance company filed counter denying the allegations. owner of lorry, respondent 1 remained .....
Tag this Judgment!Court : Karnataka
Decided on : May-28-2002
Reported in : 2002(6)KarLJ125
..... advantage of relying on the said evidence before the industrial tribunal. (4) if the domestic enquiry is held invalid, the management will be open to the attack that it acted illegally, arbitrarily and mala fide, whereas, in a case where a domestic enquiry is held valid, the management will not be subject to such an attack. in view ..... to contend that as the finding on the preliminary issue regarding fairness or properness of domestic enquiry has a serious consequence in view of section 11-a of the act and if such a finding is demonstrated to be illegal or erroneous one, it is open for the petitioner-management to challenge the same and similarly this court ..... as such the order of dismissal came to be passed. aggrieved by the same the workman approached the labour court under section 10(4-a) of the industrial disputes act with a prayer that the order of dismissal be set aside and he be reinstated in service with consequential benefits. on issuance of notice the management entered its appearance .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-22-2002
Reported in : 2003(1)KarLJ556
..... it can be said that the secured creditors or those claiming to be the secured creditors have accepted the scheme as it is now being proposed. the amendments suggested and approved in the meeting is as under:'(i) delete the following in part ii(ii) of the scheme.- 'no party (financial institutions/banks ..... , traction equipment, controls for alternators, etc., in the factories at bangalore, hubli, tumkur and mysore.ii. after its incorporation under the provisions of mysore companies act, 1938, the company was progressing well, but subsequently in the year 1998-99 onwards, it weathered heavy storm for multi-various reasons and as on 30th september ..... which would bind the transferee companies.27. the essential feature of the scheme of arrangement is a contract between two parties. in section 391 of the act, the expression 'compromise and arrangement' both are used by the legislature intentionally and consciously. however, the expression 'arrangement' used in the section means something .....
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