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The State of Mysore Vs. Danjaya

Court : Karnataka

Reported in : AIR1963Mys157; 1963CriLJ785

..... words :'the government advocate has pointed out what would be the result of restricting it in the manner suggested. in some of the larger municipalities constituted under this act he said -- and i think with truth -- that the section would be utterly unworkable if so restricted. in a large community with a multiplicity of local business ..... secretary to file the complaint had been worded as follows:'resolved that the chairman, vice-chairman, health officer and secretary be vested with authority under section 69, act xv of 1883, to institute prosecutions on behalf of the board.'it was contended on behalf of the petitioner that the words 'authorised by the board in this ..... and would frustrate the very object of the legislation.in state of bombay v. parshottam kanaiyala, : [1950]1scr840 the scope of section 20(1) of the act and the nature of authorisation contemplated by it came up for consideration by their lordships of the supreme court. their lordships were dealing in that case with a consent .....

Syed NazmuddIn Vs. N.S. Krishna Murthy

Court : Karnataka

Reported in : 1998(4)KarLJ110

..... to be evicted in respect of the said portion also along with the leased premises, having regard to the provision of section 108(d) of the transfer of property act.6. the facts relevant and necessary for appreciating the rival contentions are set out briefly as under:the landlord has filed the eviction petition in respect of premises no. ..... judge of the small causes in appreciation of the evidence led by the parties has allowed the eviction petition filed under section 21(1)(h) and (p) of the act while dismissing the petition filed under section 21(1)(a) (c) and (o). in so far as the objection of the tenant for the landlord in including the ..... as a tenant in respect of the same also liable to be evicted under rent control proceedings.7. all contractual leases in the absence of contract to contrary are governed by the provisions of transfer of property act, 1882 (hereinafter referred to as t.p. act' for brevity). in this case admittedly between the parties there is no contract governing .....

Mrs. Anjalina D'Souza Vs. the Laxmi Vilas Bank Ltd. and others

Court : Karnataka

Reported in : AIR1995Kant30; ILR1994KAR2360; 1994(3)KarLJ78

..... the supreme court in the aforesaid case cannot be extended to this case as the facts are distinguishable. that was a case coming under the provisions of the karnataka rent control act, wherein the court had jurisdiction; whereas this is a case of want of jurisdiction, as an appeal is allowed from the order under revision.18. sri manjunath, the learned counsel ..... of the applications filed either under rule 89 or rule 90 or rule 91. it specifically employs the expression 'where such application made and disallowed' which is referable to an act done anterior to rule 92. rule 90 of order xxi is a self-contained provision; any application filed under rule 90 if disposed of, it must be deemed to have .....

Commissioner of Gift-tax Vs. B.K. Sampangiram

Court : Karnataka

Reported in : [1986]160ITR188(KAR); [1986]160ITR188(Karn)

..... to expound those words in their natural and ordinary sense, the words themselves in such case best declaring the intention of the legislature.' 16. in interpreting the act and the material provisions, it is pertinent to remember the oft-quoted classical statement of rowlatt j. in cape brandy syndicate v. inland revenue commissioners [1921] ..... other individuals has thus a two-fold capacity. qua the partnership, he functions in his personal capacity, because the rights of partnership are governed by the partnership act, 1932. the relation of partners arises from contract and not from status. the partnership is the relation between persons who have agreed to share the profits ..... undivided family, the court, speaking through shah j. (as his lordship then was), expressed thus (at pp. 627, 628, 629) : 'under the i.t. act, 1961, a huf is a distinct taxable entity, apart from the individual members who constitute that family...... the manager, by virtue of his status, is competent to represent .....

Jayhind Engineering, Unit-i and anr. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : [2004(101)FLR1156]; ILR2004KAR1852; 2004(3)KarLJ26; (2004)IILLJ744Kant

..... [hereinafter referred to as the act] seeking permission to close down crankshaft light bay and development sections on the ground that the appellant-firm was unable to continue its full activities on account of the circumstances beyond its control; and in spite of best efforts made by it, the existing machinery in those sections having ..... the workmen, the said application came to be returned to the appellant-firm on 19th september, 1997. sub-section (1) of section 25-o of the act mandates that the copy of the application filed seeking permission to close down the undertaking of an industrial establishment should 'be served' simultaneously on the representative of the ..... public. acceptance of such a contention would totally frustrate the very object of an enquiry contemplated under sub-section (2) of section 25-o of the act before an order is made either granting or refusing to grant permission. while interpreting the provisions of law, the court cannot be oblivious to the consequences of .....

M/S Tonesta Electronics and Another Vs. the Assistant Collector of Cen ...

Court : Karnataka

Reported in : ILR1994KAR3680; 1995(4)KarLJ379

..... . stephen v. m/s. parle bottling co. (p) ltd. : 1988crilj1095 a company and managing director were prosecuted for an offence under the imports and exports (control) act. it was contended that the offence was committed by the company and that there were no allegations against the managing director. the supreme court repelled that argument by holding ..... a complaint filed by the respondent for offences punishable under sections 9(1)(a), 9(1)(b) and 9(1)(bb) of the central excises and salt act. ('the act' for short). 2. the respondent has filed a complaint in the lower court against m/s. tonesta electronics, which is a registered firm, represented by ..... . in p. v. pai's case : ilr1993kar709 the provision for compounding the offence is made in the very provision stipulating sanction for prosecution. under that act before a person could be prosecuted for certain offences sanction of the prescribed authority is made mandatory. no limitations have been prescribed regarding the terms under which the .....

Lingamma Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1985KAR3662; 1986(1)KarLJ113

..... facts of thiscase, it is difficult to hold that she has such a legal right. neither lingamma nor any one else had initiatedproceedings under the indian lunacy act. the said act makes provision for inquisition and management of lunatic'sproperty. under section 71, the court can appoint a manager of the estate and a guardian of his ..... her contract under certain circumstances. if, however, she enters into a contract in the absence of such consent or circumstances, she fails to bind her husband by her act........'21. in gomathi ammal -v.- avu ammal air 1933 madras 686, which was relied upon by the respondent's counsel, the learned judge has made the following ..... by him, had to be established independently. the first petitioner being a wife and not being duly appointed, either as power of attorney or guardian, under the lunacy act, she had no right to lease on behalf of her husband.11. mr. thirumale, the learned counsel for respondent, contended that the partially registered lease deed, having .....

Roshanlal Agarwal Vs. Dy. Chief Controller of Imports and Exports

Court : Karnataka

Reported in : 1995(51)ECC34; 1996(85)ELT219(Kar); ILR1995KAR2463; 1995(3)KarLJ520

..... central excises and salt act, 1944. 2. the imports and exports (control) act, 1947. 3. the wealth tax act, 1957. 4. the income tax act, 1961. 5. the customs act, 1962. 6. the gold (control) act, 1968. 7. the foreign exchange regulation act, 1973. 8. companies profits (sur tax) act, 1964. 9. the gift tax act, 1958. 10. the export (quality, control and inspection) act, 1963. 11. the companies act, 1956. 12. the monopolies ..... and restrictive trade practices act, 1969. by order .....

The Commissioner of Income Tax, Karnataka (Central) Vs. M/s. RNS Infra ...

Court : Karnataka

..... to the receipt of an application by the settlement commission 65. under the existing provisions of sub-section (1) of section 245d of the income-tax act, the settlement commission, on receipt of an application under section 245c, has to call for a report from the commissioner and on the basis of the ..... as other conditions are concerned, they stand satisfied by the applicant. we, therefore, allow the settlement application to be proceeded with under section 245d(1) of the act. ? from the above, it is evident that the settlement commission has satisfied itself that the application of the assessee has made, what is claimed as, a ..... the settlement commission cannot assume jurisdiction to consider the application without adjudicating the objection. hence, the progress in the application beyond section 245d(2b) of the it act by the settlement commission is invalid and without jurisdiction. it is contended that the total short fall in the declaration made by the respondent in the application .....

Bharti Airtel Ltd. Vs. Deputy Commissioner of Income-tax, Circle 18 (1 ...

Court : Karnataka

..... the concessionaires. the sale is subject to conditions, and stipulations. this by itself does not show and establish principal and agent relationship. the supervision and control required in case of agency is missing. therefore, it was held that there is no relationship of principal and agent and the consideration paid to the ..... the assessee is accountable to the subscribers for failure to render prompt services pursuant to connections given by the distributor for the assessee. therefore, the distributor acts on behalf of the assessee for procuring and retaining customers and, therefore, the discount given is nothing but commission within the meaning of explanation (i) on ..... completely untenable as there are no two transactions in point of fact. the transaction is a singular transaction which is executed between the travel agent while acting on behalf of the principal airline in selling the traffic documents/ air tickets to a third party which is the passenger and thereby creating a legal .....