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M. Veerabhadraiah and Another Vs. The Union of India, By Its Secretary ...

Court : Karnataka

..... non framing of rules does not curtail the power of the state government and by virtue of section 19 of the aforesaid act, state government was authorized to declare any area as air pollution control area by means of a notification published in the official gazette. it also held that simply because rules have not been framed ..... [2003 (10) scc 421] - the said case arose under section 19 of air (prevention and control of pollution) act, 1981. the state government under section 19 of the said act could exercise power to declare any area as air pollution control area. in the absence of rules prescribing the manner for declaring an area to be an air pollution ..... control area, whether publication of a valid notification under section 19(1) in the official gazette was legal or .....

Babi D'Souza Vs. Syndicate Bank

Court : Karnataka

Reported in : ILR1986KAR900

..... execution of the decrees.8. if the legislature intended that the occupancy rights conferred on a person after an enquiry held under section 48a of the karnataka land reforms act should not be attached or sold in execution of a decree, the legislature would have created such a restraint on court sales by incorporating the provisions similar to ..... in which not less than fifty one per cent of the paid up share capital is held by the state government or a corporation owned or controlled by the central government or the state government or both for development of land or improvement of agricultural practices ; and without prejudice to any other remedy provided by ..... sections 34 and 44(2)(d) of the karnataka land reforms act. when the legislature has not created a bar on attachment and sale of the occupancy rights conferred on a person, the jurisdiction of the civil court in attaching .....

R. Adhikesavulu Naidu and Others Vs. State of Karnataka and Others

Court : Karnataka

..... to implement the scheme, not only on the part of bda but also the imposing manner in which the state government has acted all along, to exercise the statutory power and control at cross-purposes for the implementation of the scheme and above all, the state government embarking on issue of notifications under ..... deputy commissioner, by this court! 3. mr. venkatesh dodderi, learned additional government advocate appearing for the state of karnataka who perhaps has some authority and control over the special deputy commissioner pleads his helplessness as the special deputy commissioner has not responded; that special request had been made to the first respondent- ..... section 48 of the la act, such notifications being issued periodically to take out large chunks of land initially proposed for acquisition from out .....

M/S. L and T Komatsu Ltd., Bangalore, Rep. by Its Assistant General Ma ...

Court : Karnataka

..... implication, no such power can be exercised by the appropriate government. the scheme of the enactment is that the appropriate government should have no control over the commission after its constitution under section 3 of the act except for the purpose of filling any vacancy which may have arisen in the office of a member of the commission apart from winding up ..... obligation statutory or otherwise regarding the running of a canteen by the bank and the details relating hereto similar to factories act, or the railway establishment manual and in the absence of any effective or direct control in bank to supervise and control the work done by various persons, the workers in the canteen run by the implementation committee (canteen committee) cannot come .....

M/s. Lakshminirman Bangalore Pvt. Ltd., Rep. by its Managing Director ...

Court : Karnataka

..... cash flow crunch especially for business activity. 6. it is contended that section 119(2)(a) has been introduced simultaneously which provides for hardship, reasons beyond control etc., to be explained by the deductor and as such the contention of petitioners that impugned provision being hit by doctrine of audi alterum partemis not at all ..... such statement in such form and verified in such manner and setting forth such particulars and within such time as may be prescribed. (inserted by finance act (no.2) act, 2014 w.e.f. 1-10-2014) (provided that the person may also deliver to the prescribed authority a correction statement for rectification of any ..... of india. these writ petitions are filed under articles 226 and 227 of constitution of india praying to declare the newly inserted sec.234e of the it act, by the finance act, 2012 as unconstitutional being arbitrary, discriminatory and unreasonable, the relevant extract of section 234e is enclosed as annexure-a. these writ petitions are filed .....

Smt. Nagarathnamma and Others Vs. B. Rudriah and Others

Court : Karnataka

..... a suit for possession of any property, his right to such property shall be extinguished. a perusal of the section per se reveals that this section applies and controls the operation of the right to the property in cases, where the period of limitation over suit for possession of the property expires and suit is not filed ..... partition is actually effected, irrespective of the fact whether earlier suits for such partition were dismissed for default or withdrawn or an earlier decree for partition was not acted upon. 46. the plaintiffs suit is for partition of certain joint family property which was jointly held at the time of the previous suit and continues ..... the legality of the construction of the cinema theatre on the land in question as it is violative of the provisions of the karnataka cinemas regulation act, karnataka land reforms act and other appropriate laws on the subject. therefore, the plaintiffs sought for a declaration that each plaintiff is entitled for 1/3rd share in the .....

Shreemad Jagadguru Shankaracharya Shree Shree Raghaveshwara Bharathi S ...

Court : Karnataka

..... question was determined by the learned single judge having regard to the provisions of the code of criminal procedure code, 1973 and the provisions of the prevention of corruption act, 1988. in the circumstances, this court had held that the writ appeal was maintainable against the order of the learned single judge. we notice from the ..... writ appeals were allowed vacating the interim order of stay of issuance of summons to the accused in proceedings initiated under the provisions of the prevention of corruption act, 1988. the division bench has held:- "32. ........when such a power is exercised in the teeth of the aforesaid statutory provision and the judgment of ..... judge was justified in treating and deciding the petition under section 482 cr.p.c. therefore, this writ appeal filed under section 4 of the karnataka high court act, 1961, is not maintainable. 12. before parting with this case - it is pertinent to observe that we have come across several instances where writ petitions .....

Ram Bhadur Thakur and Co. and anr. Vs. State of Karnataka

Court : Karnataka

Reported in : AIR1979Kant119; ILR1979KAR394

..... state of maharashtra v. salvation army : [1975]3scr475 , the supreme court, while considering the question whether the contribution levied on public trusts under the bombay public trusts act, is a tax or a fee, held that the expenditure on construction of buildings for locating the head office and the regional offices of the organisation administering the bombay ..... figured of total receipt from court-fees and the total cost of administration of civil justice during the years subsequent to the coming into force of the present act, have shown that such increase of court-fees was justified to meet the ever rising cost of administration of civil justice. 27. the more important contention of ..... 3. the prescription of ad valorem court-fee as laid down in art. 1 of sch. i of schedule i to the karnataka court-fees and suits valuation act, 1958, without prescribing a maximum limit and without the slab system, does not violate the fundamental rights guaranteed by article 19(1)(f) and (g) and article .....

L. Eswar Rao Vs. V. Nagesh Rao

Court : Karnataka

Reported in : 1999(2)KarLJ620

..... further delay the whole proceedings. the court had discretion and considering the circumstances, it can exercise power in favour of any party, either grant opportunity or refuse it. any such act of the court, it cannot be said that there is any illegality or material irregularity. the order in this case has been passed under section 151 of the cpc. it .....

Commissioner of Income-tax Vs. Prana Carriers (P) Ltd. and ors.

Court : Karnataka

Reported in : (1999)154CTR(Kar)435

..... it is to be remembered that there is a distinction between incorporation and adoption by reference. if the legislature would have merely adopted the central act, subsequent amendments to that act made under act 68 of 1984 would have become applicable per force.'in gaun shankar gaur v. state of up : air1994sc169 , the apex court held ..... than eight assessment years immediately succeeding the assessment year for which loss was first computed. thus, the depreciation and the business loss are prescribed in the act as two distinct entities and the mode of giving set off is also provided. the unabsorbed business loss can be given set off only against the business ..... companies which had no income-tax liability despite substantial profits, on account of the fact that companies were availing of depreciation in full under the income tax act. therefore, despite s. 80vva, the phenomenon of prosperous zero tax companies continued. a study carried out by a economic journal in regard to the performance of .....