Court : Karnataka
..... dated 4.11.2010 passed by the industrial tribunal, bangalore in i.d.no.184/2005 whereunder the dispute referred to the tribunal by the appropriate government under section 10(1)(d) of the industrial disputes act came to be rejected.2. ..... the appropriate government in exercise of its power under section 10(1)(d) of industrial disputes act, 1947, by order dated 27.10.2005 has referred the following points of dispute for being adjudicated by the industrial tribunal, ..... labour is engaged in or in connection with the work of an establishment and employment of contract labour is prohibited either because the industrial adjudicator/court ordered abolition of contract labour or because the appropriate government issued notification under section 10(1) of the clra act, no automatic absorption of the contract labour working in the establishment was ordered; (ii) where the contract was found to be sham and nominal rather a camouflage in which case the contract labour ..... the upshot of the above discussion is outlined thus:(1)(a) before january 28, 1986, the determination of the question whether central government or the state government, is the appropriate government in relation to an establishment, will depend, in view of the definition of the expression appropriate government as stood in the clra act, on the answer to a further question, is the industry under consideration carried on by or under the authority of the central government or does it pertain to any specified controlled industry; .....
Tag this Judgment!Court : Karnataka
..... of section 482 of the crpc, which allows the high court to exercise its inherent powers to prevent the abuse of the process of any court or otherwise to secure the ends of justice, is not appropriate for challenging the merits of d.v.act, 2005 proceedings ..... court in this case clarified that the reliefs granted under sections 17-23 of the d.v.act, 2005 are civil in nature, designed to protect women from domestic violence by providing ..... court's interpretation consistently emphasizes the harmonious application of both the d.v.act, 2005 and the senior citizens act, 2007, ensuring comprehensive protection for vulnerable individuals within family ..... . he would contend that the proceedings initiated under the d.v.act, 2005 being basically civil in nature provides different civil remedies to aggrieved women and therefore, he would contend that the proceedings under dv act, 2005 being quasi civil nature, the petitioners cannot invoke the provisions of ..... the order passed by the assistant commissioner under sections 5 and 23 of d.v.act, 2005 calling upon the son to handover vacant possession, two petitions are filed before ..... court is of the view that daughter-in-law s invocation of d.v.act, 2005 seemingly in collusion with her husband, to thwart eviction, lacks ..... light of the presented facts and relevant legal precedents, it is evident that the senior citizens act, 2007 and the d.v.act, 2005 must be harmoniously interpreted to ensure that neither act's 43 provisions are unjustly negated .....
Tag this Judgment!Court : Karnataka
..... of section 482 of the crpc, which allows the high court to exercise its inherent powers to prevent the abuse of the process of any court or otherwise to secure the ends of justice, is not appropriate for challenging the merits of d.v.act, 2005 proceedings ..... court in this case clarified that the reliefs granted under sections 17-23 of the d.v.act, 2005 are civil in nature, designed to protect women from domestic violence by providing ..... court's interpretation consistently emphasizes the harmonious application of both the d.v.act, 2005 and the senior citizens act, 2007, ensuring comprehensive protection for vulnerable individuals within family ..... . he would contend that the proceedings initiated under the d.v.act, 2005 being basically civil in nature provides different civil remedies to aggrieved women and therefore, he would contend that the proceedings under dv act, 2005 being quasi civil nature, the petitioners cannot invoke the provisions of ..... the order passed by the assistant commissioner under sections 5 and 23 of d.v.act, 2005 calling upon the son to handover vacant possession, two petitions are filed before ..... court is of the view that daughter-in-law s invocation of d.v.act, 2005 seemingly in collusion with her husband, to thwart eviction, lacks ..... light of the presented facts and relevant legal precedents, it is evident that the senior citizens act, 2007 and the d.v.act, 2005 must be harmoniously interpreted to ensure that neither act's 43 provisions are unjustly negated .....
Tag this Judgment!Court : Karnataka
..... of section 482 of the crpc, which allows the high court to exercise its inherent powers to prevent the abuse of the process of any court or otherwise to secure the ends of justice, is not appropriate for challenging the merits of d.v.act, 2005 proceedings ..... court in this case clarified that the reliefs granted under sections 17-23 of the d.v.act, 2005 are civil in nature, designed to protect women from domestic violence by providing ..... court's interpretation consistently emphasizes the harmonious application of both the d.v.act, 2005 and the senior citizens act, 2007, ensuring comprehensive protection for vulnerable individuals within family ..... . he would contend that the proceedings initiated under the d.v.act, 2005 being basically civil in nature provides different civil remedies to aggrieved women and therefore, he would contend that the proceedings under dv act, 2005 being quasi civil nature, the petitioners cannot invoke the provisions of ..... the order passed by the assistant commissioner under sections 5 and 23 of d.v.act, 2005 calling upon the son to handover vacant possession, two petitions are filed before ..... court is of the view that daughter-in-law s invocation of d.v.act, 2005 seemingly in collusion with her husband, to thwart eviction, lacks ..... light of the presented facts and relevant legal precedents, it is evident that the senior citizens act, 2007 and the d.v.act, 2005 must be harmoniously interpreted to ensure that neither act's 43 provisions are unjustly negated .....
Tag this Judgment!Court : Karnataka
..... of section 482 of the crpc, which allows the high court to exercise its inherent powers to prevent the abuse of the process of any court or otherwise to secure the ends of justice, is not appropriate for challenging the merits of d.v.act, 2005 proceedings ..... court in this case clarified that the reliefs granted under sections 17-23 of the d.v.act, 2005 are civil in nature, designed to protect women from domestic violence by providing ..... court's interpretation consistently emphasizes the harmonious application of both the d.v.act, 2005 and the senior citizens act, 2007, ensuring comprehensive protection for vulnerable individuals within family ..... . he would contend that the proceedings initiated under the d.v.act, 2005 being basically civil in nature provides different civil remedies to aggrieved women and therefore, he would contend that the proceedings under dv act, 2005 being quasi civil nature, the petitioners cannot invoke the provisions of ..... the order passed by the assistant commissioner under sections 5 and 23 of d.v.act, 2005 calling upon the son to handover vacant possession, two petitions are filed before ..... court is of the view that daughter-in-law s invocation of d.v.act, 2005 seemingly in collusion with her husband, to thwart eviction, lacks ..... light of the presented facts and relevant legal precedents, it is evident that the senior citizens act, 2007 and the d.v.act, 2005 must be harmoniously interpreted to ensure that neither act's 43 provisions are unjustly negated .....
Tag this Judgment!Court : Karnataka Dharwad
..... as regards the other items of goods transferred in the same form in the execution of works contract during the year 2005-06, more appropriately over cement, pvc pipes and rcc pipes, there is no material before court over quantities and their values. ..... 01.04.2007 though those provisions were not applicable to the respondent's return for the assessment year 2005-06, more appropriately the sixth schedule to the kvat act, 2003, brought into force w.e.f. ..... this revision petition by the revenue is filed invoking section 65 of the karnataka value added tax act, 2003 (for short 'kvat act, 2003'), read with rule 153(1)(a) of the karnataka value added tax rules, 2005 (for short 'kvat rules, 2005'), calling in question the order dated 4 t h january 2013 of the karnataka appellant tribunal, bangalore (for short 'kat'), allowing s.t.a. ..... ]" (d) entry no.30 of the third schedule to the kvat act, 2003, reads thus:(third schedule substituted by act no.27 of 2005 and shall be deemed to have come into force w.e.f. ..... it appropriate to allow the revision petition in part and set aside that portion of the order subjecting to tax at 12.5% on the remaining taxable turnover relating to goods other than iron and steel and direct imposition of tax at the rates prescribed in the third schedule over goods, such as cement, pvc pipes and rcc pipes said to have been transferred in the same form in the execution of the works contract during the year 2005-2006 .....
Tag this Judgment!Court : Karnataka Dharwad
..... goods transferred in the same form in the execution of works contract during the year 2005-06, more appropriately over cement, pvc pipes and rcc pipes, there is no material before court over ..... ram mohan reddy, j.made the following: order this revision petition by the revenue is filed invoking section 65 of the karnataka value added tax act, 2003 (for short kvat act, 2003 ), read with rule 153(1)(a) of the karnataka value added tax rules, 2005 (for short kvat rules, 2005 ), calling in question the order dated 4 t h january 2013 of the karnataka appellant tribunal, bangalore (for short kat ), allowing s.t.a ..... to the respondent s return for the assessment year 2005-06, more appropriately the sixth schedule to the kvat act, 2003, brought into force w.e.f. ..... appropriate to allow the revision petition in part and set aside that portion of the order subjecting to tax at 12.5% on the remaining taxable turnover relating to goods other than iron and steel and direct imposition of tax at the rates prescribed in the third schedule over goods, such as cement, pvc pipes and rcc pipes said to have been transferred in the same form in the execution of the works contract during the year 2005 ..... schedule substituted by act no.27 of 2005 and shall be ..... h.r kambiyavar, advocates) this strp is filed u/sec.65 of kvat act, 2003 read with section1531)(a) of the kvat rules, 2005, against the order dated0401-2013 passed in sta no.134/2008 on the file of the karnataka appellate tribunal, bengaluru, allowing the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the constitution, inter alia, seeks to empower the parliament in respect of multi-state co-operative societies and the state legislatures in case of other 99 co-operative societies to make appropriate law, laying down the following matters, namely- (a) provisions for incorporation, regulation and winding up of co- operative societies based on the principles of democratic member- control, member ..... of elections due to covid-19 pandemic and the lockdown under the act of 139 2005 was a situation covered by the words save as provided is a wrong assumption of law as the disaster management act, 2005 does not extend or continue the term of an elected member ..... the board; or (v) the authority or body as provided by the legislature of a state, by law, under clause (2) of article 243-zk, has failed to conduct elections in accordance with the provisions of the state act: (underlining by court) provided further that the board of any such co-operative society shall not be superseded or kept under suspension where there is no government shareholding or loan or financial assistance or any guarantee by the ..... have jurisdiction to issue a writ, but 90 that in itself would not be a determinative factor compelling the high court to decide the case on merits and in appropriate cases, the court may refuse to exercise jurisdiction by invoking the doctrine of forum conveniens. ..... it is, therefore, quite logical that the government felt it appropriate to postpone the elections to the members of the board .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the constitution, inter alia, seeks to empower the parliament in respect of multi-state co-operative societies and the state legislatures in case of other 99 co-operative societies to make appropriate law, laying down the following matters, namely- (a) provisions for incorporation, regulation and winding up of co- operative societies based on the principles of democratic member- control, member ..... of elections due to covid-19 pandemic and the lockdown under the act of 139 2005 was a situation covered by the words save as provided is a wrong assumption of law as the disaster management act, 2005 does not extend or continue the term of an elected member ..... the board; or (v) the authority or body as provided by the legislature of a state, by law, under clause (2) of article 243-zk, has failed to conduct elections in accordance with the provisions of the state act: (underlining by court) provided further that the board of any such co-operative society shall not be superseded or kept under suspension where there is no government shareholding or loan or financial assistance or any guarantee by the ..... have jurisdiction to issue a writ, but 90 that in itself would not be a determinative factor compelling the high court to decide the case on merits and in appropriate cases, the court may refuse to exercise jurisdiction by invoking the doctrine of forum conveniens. ..... it is, therefore, quite logical that the government felt it appropriate to postpone the elections to the members of the board .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the constitution, inter alia, seeks to empower the parliament in respect of multi-state co-operative societies and the state legislatures in case of other 99 co-operative societies to make appropriate law, laying down the following matters, namely- (a) provisions for incorporation, regulation and winding up of co- operative societies based on the principles of democratic member- control, member ..... of elections due to covid-19 pandemic and the lockdown under the act of 139 2005 was a situation covered by the words save as provided is a wrong assumption of law as the disaster management act, 2005 does not extend or continue the term of an elected member ..... the board; or (v) the authority or body as provided by the legislature of a state, by law, under clause (2) of article 243-zk, has failed to conduct elections in accordance with the provisions of the state act: (underlining by court) provided further that the board of any such co-operative society shall not be superseded or kept under suspension where there is no government shareholding or loan or financial assistance or any guarantee by the ..... have jurisdiction to issue a writ, but 90 that in itself would not be a determinative factor compelling the high court to decide the case on merits and in appropriate cases, the court may refuse to exercise jurisdiction by invoking the doctrine of forum conveniens. ..... it is, therefore, quite logical that the government felt it appropriate to postpone the elections to the members of the board .....
Tag this Judgment!