Judgment Search Results Home > Cases Phrase: appropriation act 2005 Court: karnataka Page 10 of about 25,602 results (0.046 seconds)

k.c. Vijayakumara Vs. Smt. S. Geetha

Court : Karnataka

..... even if for a 20 temporary period of time, an aggrieved person is residing at a place, she can seek reliefs under the 2005 act by filing an appropriate application before the competent court within the local limits whose jurisdiction such place situates.24. ..... mamatha pandey (supra) (2010 scconline del2977, the 17 high court of delhi while dealing with section 27 of the act 2005, has observed thus: para 8 from different provisions of this act, it is apparent that the scheme of the act provides that protection officer, service provider and police to help the aggrieved person in not only approaching the court for redressal but to ensure that the domestic violence is not further perpetuated and an ..... the averments made in the application filed by the respondent/wife under section 12 of the act 2005 in brief would disclose that, after the marriage, the respondent started living together with the petitioner in a rented house in melagatti village in ..... the protection of women from the domestic violence act, 2005 is a special act providing more effective protection of the rights of women, who are victims of violence of any kind occurring within the family and for matters connected therewith or ..... filed an application under section 12 of the protection of women from domestic violence act, 2005 (in 4 short act 2005) before the court of the addl. ..... counsel for the petitioners would contend that according to section 28 of the act 2005, all proceedings shall be governed by the provisions of cr.pc. .....

R.K. Corporation Vs. Government of Karnataka and anr.

Court : Karnataka

Reported in : (2009)21VST386(Karn)

..... order to have an absolute clarity on the aspect of the appropriate rate of tax applicable on the sale of goods he filed an application under section 59(4) of the act to the second respondent requesting for clarification of the rate of tax applicable on aluminium composite panel and pvc flexible film on december 8, 2005. ..... even otherwise, the earlier clarification issued by the second respondent on which the petitioner has acted upon is binding on the department till it is withdrawn, modified or rectified and therefore, the impugned clarification cannot be retrospective, but it can only be prospective ..... the light of the aforesaid facts and rival contentions, it is clear that the petitioner filed an application under section 59(4) of the act requesting the second respondent to clarify the rate of tax applicable to the goods in question. ..... dated may 29, 2007 calling upon the petitioner to show cause as to why the clarification dated february 2, 2006 ought not to be withdrawn since the aluminium composite panel was excisable to tax under section 4(1)(b) of the act at the rate of 12.5 per cent, and not at four per cent, as clarified earlier.3. ..... second respondent issued a clarification dated february 2, 2006 clarifying to the effect that pvc flexible film and aluminium panel sheets covered under the central excise tariff act code 3920.49.00 and 3920.10.19, respectively, fall under serial no. ..... 197 csl 2005(6) and would consequently be liable to tax at the rate of four per cent, of the act. .....

Hutchison Essar South Ltd. a Registered Company Incorporated Under the ...

Court : Karnataka

Reported in : AIR2008Kant14; ILR2007KAR4362; 2008(3)KarLJ106

..... the petitioner was further informed that the first respondent would approach the chief judicial magistrate/dc or any other appropriate forum for getting the possession of the aforesaid premises, under the provisions of the securitisation act, if the petitioner does not vacate on its own.5. ..... , 1st main road, seshadripuram, bangalore, are not regulated and/or covered by securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 ['securitisation act' for short] and consequently the writ of certiorari for quashing the first respondent's communication, dated 8th december, 2005 (annexure-d), which calls upon the petitioner to vacate the said premises before 15th december, 2005.3. ..... thus stood the things, the petitioner received a letter, dated 8th december, 2005 (annexure-d) from the first respondent informing that on the failure of the second respondent to clear the dues of the first respondent, the first respondent has initiated enforcement measures under the securitisation act. ..... 142 of 2005 before the debt recovery tribunal and has obtained an interim direction to defer all further proceedings in pursuance of the impugned notice dated 22nd november, 2005 (annexure-d) ..... petitioner had sent a reply, dated 14th december, 2005 (annexure-k). ..... this regard, he has filed the tribunal's order, dated 22nd december, 2005. ..... first respondent called upon the petitioner to make alternative arrangements and to vacate the said premises before 15th december, 2005. .....

State Banksand#8217; Staff Union (Karnataka), Bangalore Vs. Union of I ...

Court : Karnataka

..... a petition dated 4-7-2007, annexure-m, alleging existence of an industrial dispute in the matter of entrustment of additional duties in branches where the position of deputy head cashier (special assistants), is available, as recorded in the letter dated 24-4-2007, annexure-g, more appropriately enabling the cashier/officer to delegate to the special assistants, work in excess of the duties of special/senior assistants, as set out in the enclosure to the letter dated ..... , cash belonging to rbi is, in fact, in excess of the duties and responsibilities of special assistants, as recorded in paragraph 7(a) to (c) to the enclosure to the letter dated 5-8-2005, annexure-f is an industrial dispute or apprehends its existence required to be considered by the central government and having not done so, the orders impugned are unsustainable in law. 7. ..... it is now well-settled that, while exercising power under section 10(1) of the act, the function of the appropriate government is an administrative function and not a judicial or quasi-judicial function, and that in performing this administrative function the government cannot delve into the merits of the dispute and take upon itself the determination of the lis, which would certainly be in excess of the power conferred on it by section 10 of the act. .....

B.K. Pushpalatha W/O Late Manjegowda, Vs. Gopala,

Court : Karnataka

Reported in : 2009ACJ2415; ILR2009KAR1517:2009(2)KCCR959:2009(3)AIRKarR325

..... receipt of a copy of this order;iii] the additional civil judge (senior division), and member, additional motor accidents claims tribunal, srirangapatna, is hereby directed to receive the same and pass appropriate orders in accordance with law and dispose of the same, after affording opportunity to petitioners and respondents 2 and 3, as expeditiously as possible, treating the same on top priority having regard to ..... instead of doing so, the claims tribunal, by taking hyper technical grounds, has proceeded and recalled its earlier judgment and order dated 1st february 2005 on the ground that, the said judgment and award passed is against a dead person and consequently, dismissed the petition as abated, without application of ..... the claims tribunal, has proceeded to recall the earlier judgement and order dated 1st february 2005, but, consequently, dismissed the petition filed under section 166 of the motor vehicles act, as abated and further directed the amount that was deposited by the insurance company to be refunded to it by issuing cheque and to obtain receipt for the same ..... of the additional motor accidents claims tribunal, srirangapatna, dated 12th july 2006, petitioners herein felt necessitated to present the instant writ petition, seeking appropriate reliefs as stated supra.4. ..... , as stated above, to meet the ends of justice, and to safeguard the interest of these petitioners and respondents 2 and 3, it would suffice for this court to issue appropriate direction as follows.7. .....

N.G. Puttaswamy Vs. the Tahsildar and Returning Officer and ors.

Court : Karnataka

Reported in : ILR2007KAR4728; 2008(3)KarLJ98

..... instant case, petitioner has prayed to call for the relevant lower court records as well as the ballot boxes containing voted ballot papers of the election, which was held on 29th august 2005 for the directorship of the second respondent - apmc and pass an order for recounting the same and declare the election result in accordance with law and alternatively declare that, the respondent ..... counsel for respondents and, after careful perusal of the relevant provisions of the apmc act and rules, it is manifest on the face of the material available on file that, it is undisputed that, petitioner in fact had earlier filed writ petition before this court and the same was dismissed as withdrawn reserving liberty to petitioner to redress his grievance before the appropriate competent authority, as envisaged under the relevant provisions of the apmc ..... to 5 have contested the election which was held on 29th august 2005 for the post of director to the agricultural produce marketing committee - ..... in ele misc.4/2005 vide annexure-o.2. ..... 21097/2005, immediately after declaration of the result of the election, as referred above, in which petitioner ..... 4/2005 on the file of the trial court and the trial court after conducting thorough trial and after appreciation of oral and documentary evidence and other material available on file has rejected ..... 04/2005 on the file of the principal civil judge (junior division), davangere and the said matter had come up for consideration before the trial court on .....

Sri Pape Gowda S/o Dase Gowda, Ex-Conductor (KSRTC) Died by LR's. H.P. ...

Court : Karnataka

Reported in : ILR2008KAR46; 2008(1)KarLJ646; 2008(2)AIRKarR105; 2008LabIC(NOC)542(Kar)(DB)

..... single judge has held that the order dated 09.05.2007 can be questioned by filing application under section 10(4-a) of 'the act', in our view as the action of the respondent is wholly illegal and is without any authority of law, instead of allowing the multiplicity of the litigation, having heard the learned counsel for the corporation, we deem it appropriate to quash the order dated 9.5.2007, passed by the corporation, copy of which is produced at annexure r 5, whereby not ..... 40254/1999 is held as abated for not: taking steps to bring the l.rs of the deceased workman on record.ii) consequent to the effect of abatement of the writ petition, the order dated 17,06,2005 stands set aside', as there can not be any order passed against a dead person,iii) in view of the extra ordinary facts and circumstances, we quash the order dated 9.5.2007 terminating the services of sri ..... long alter the death of the workman the respondent corporation, has obtained the order dated 17.06.2005, against a dead person and based on the same, it has taken action to terminate the employment granted to the ..... the court was appraised of the said facts, the learned single judge ought to have recalled the older dated 17.06.2005, by holding that the writ petition as having abated. ..... it was contended that in view of the order dated 17.06.2005 upholding the dismissal of the workman by the respondent corporation, ..... appeal the order dated 08.06.2007 and the order dated 17.06.2005 passed by the learned single in w.p. no. .....

S. Prakasha S/O. S.M. Siddappa, Vs. the Principal Secretary, Departmen ...

Court : Karnataka

..... the question as to whether the industrial dispute can be raised by either party on an appropriate reference made by the state government under section 10 of industrial disputes act, though an order of approval is passed under section 33(2)(b) of the industrial disputes act 1947, is no more res integra. ..... of the aforesaid observations of law, the state government was not justified in rejecting the claim of the petitioners for having their industrial disputes referred to the appropriate court for adjudication under the act.the endorsement impugned stands quashed. ..... act, an industrial dispute can be raised by either party and an appropriate reference can be later made by the government under section 10 ..... the petitioners, employees of the second respondent company when chargesheeted for acts of misconduct, participated in the enquiry, whence, this enquiry officer submitted a report holding the charges proved loading ..... application filed by the employer invoking section 33(2)(b) of the act, was allowed by the tribunal and approval was granted ..... raised by the association was pending adjudication before the indusrial tribunal, mysore, the second respondent - employer filed an application under section 33(2)(b) of the industrial disputes act 1947 (for short 'the act') for approval of the dismissal by the tribunal. ..... thirugnanasambandam : (2005) 3 scc 241 ..... doubt nor in dispute that the jurisdiction of the industrial tribunal under section 33(2)(b) of the industrial disputes act it a limited one. .....

Commissioner of Service Tax, Service Tax Vs. M/S. Scott Wilson Kirkpat ...

Court : Karnataka

..... rate of duty by the parliament as per the aforesaid intended amendment, the same could be looked into in order to appreciate the phrase rate of duty used in sections 35g and 35l of the act which reads as under:- explanation: for the purposes of this sub-section, the determination of a rate of duty in relation to any goods or valuation of any goods for the purposes of assessment of duty ..... objections of the assessee, the assessing officer passed an order on 17.5.2005 holding that the claim is well within time demanding service tax of rs.1,13,82,010/- and appropriated an amount of rs.30,13,450/- paid towards the service tax liability, demanded interest under section 75 of the act and imposed penalty equal to that of the tax payable. 4. ..... ) at para 6 held as under: we have considered the rival contentions made on behalf of parties and also perused the provisions of sections 35g and 35l(b) of the act of 1944, an appeal against the order passed by the appellate tribunal would lie to the high court except an order relating, among other things, to the determination of any question ..... whether any goods fall under a particular heading or sub-heading of the schedule to the central excise tariff act, 1985, or the additional duties of excise (goods of special importance) act, 1957 or the additional duties of excise {textiles and textile articles) act, 1978, or that any goods are or not covered by a particular notification or order issued by the central government or the board, as the .....

Union of India (Uoi) and anr. Vs. Winston Tan and ors.

Court : Karnataka

Reported in : 2009(4)KarLJ613(1):2009(3)KCCR19002009(4)AIRKarR408:2009CriLJNOC1101(D.B)

..... writ petition filed by the respondents 1 and 2 herein, seeking to quash the order dated 23-6-2005, whereunder the property alleged to have been acquired by the respondents 3 and 4, got forfeited in view of section 6 of the smugglers and foreign exchange manipulators (forfeiture of property) act, 1976 (for short, 'the act'), and the learned single judge quashed the same and remanded the matter to the second respondent ..... to the second respondent (second appellant herein) with a direction to give notice to the respondents 1 and 2-writ petitioners, hold an enquiry and pass appropriate orders in accordance with law. ..... expiry of the time for, or on the basis of, the first review under sub-section (3) of section 9, or on the report of the advisory board under section 8, read with sub-section (6) of section 12a, of that act; or(iv) such order of detention has not been set aside by a court of competent jurisdiction;(c) every person who is a relative of a person referred to in clause (a) or clause (b);(d) every associate person referred to in clause (a) ..... person;(ii) any individual who had been or is managing the affairs or keeping the accounts of such person;(iii) any association of persons, body of individuals, partnership firms or private company within the meaning of the companies act, 1956 (1 of 1956), of which such person had been or is a member, partner or director;(iv) any individual who had been or is a member, partner or director of an association of persons, body of individuals .....