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of the state act: (underlining by court) provided further that the board of any such co-operative society shall not be superseded or kept under suspension where there is no government shareholding or loan or financial assistance or any guarantee by the .....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
..... upon raw materials or semi- finished goods so as to complete part or whole of production, subject to the condition that such production does not amount to manufacture within the meaning of clause (f) of section 2 of the central excise act, 1944 (1 of 1944); (ii) appropriate duty of excise shall not include nil rate of duty or duty of excise wholly exempt. 9. ..... supplied by the client and goods so produced are returned back to the said client for use in or in relation to manufacture of any other goods falling under the first schedule to the central excise tariff act, 1985 (5 of 1986), as amended by the central excise tariff (amendment) act, 2004 (5 of 2005), on which appropriate duty of excise is payable. ..... however, in view of the notification no.8/2005-st dated 01.03.2005, the job work, which does not amount to manufacture was exempted from payment of service tax provided the job worked goods are further used in the manufacture of final products on which appropriate duty of excise is discharged by the ..... however, in view of notification no.8 of 2005 st dated 1.3.2005, the job work which does not amount to manufacture was exempted from payment of service tax, provided the job worked goods are further used in the manufacture of final products on which appropriate duty of excise is discharged by the principal manufacturer, the fmgil though entitled for availment of such exemption notification, without availing the same, wrongly paid service tax under the activity of chrome plating .....
Tag this Judgment!Court : Karnataka
..... the same, it is observed that the central government has delegated its power to state governments and other competent authorities u/s.3(2)(c) and 3(2)(e) of the foreigners act, 1946 for the purpose of taking appropriate action whenever a case has been registered against a foreign national vide its notification, new dellhi-2 dated 19th april, 1958 in s.o.nos.590 and 591 ..... therefore, the courts have to pass an order only after hearing the competent authorities (state)who are empowered to pass appropriate orders u/s.3 (2) of the foreigners act to ascertain whether the competent authority has got any grievance to keep the accused persons anywhere else other than the jails till the investigation ..... he has also produced another document no.2 about the care taken by the central government under the jj act, wherein section 3(v) of the said act empowers the 106 government to take appropriate measures to take care of the children and protection of the children by catering to their development needs and by adopting a child friendly approach in dealing with the matters in the ..... in this background it is appropriate to note that, in a case reported in (2005) 5 scc174between sarbananda sonowal and union of india, wherein the hon ble apex court in clear terms after detail thorough 17 discussion rejected the bringing of an act called illegal migrants (determination by tribunal) act, 1983, holding that, the act "has created the biggest hurdle and that is an impediment or barrier in the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR3370; 2009(2)KarLJ64; 2008(3)KCCR1616; 2008(4)AIRKarR373; AIR2008Kar168; 2008AIHC2985(Kar)
..... before adverting to the correctness or otherwise of the notice dated: 20.1.2005 and 18.2.2005 issued to the petitioner, it would be appropriate to consider the contention with regard to the applicability of the act and the validity of the rules framed there under. ..... as such i am of the view that the opinion expressed in the said case by the division bench of the bombay high court, is the appropriate decision and therefore, i am of the considered view that the provisions of the act would be applicable even without any other specific notification regarding the classes of goods as contended and as such the act would be applicable to the product manufactured by the petitioner as well.7. ..... the action of the second respondent not only on the ground that the notice is not sustainable, since the petitioner had in fact complied with the requirements but also questions the very applicability of the act and also the validity of rule 6(1)(d) under which the requirement for display of month and year is indicated.3. ..... is further contended that even otherwise the rule 6(1)(d) of the rules is invalid since section 39 of the act does not provide for display of the month and year in which the product is manufactured. ..... others it is also stated in the objects that indication of date of manufacture and date of expiry would also be marked for appropriate products. ..... accordingly, compounding notice dated 20.1.2005 was issued intimating registration of case for violation of the provisions of the act and rules. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Karnataka
Reported in : [2004(102)FLR167]; ILR2004KAR2158; 2004(5)KarLJ599
order passed by the government -- application of mind -- government proceeded to pass the impugned order by looking into the factual report, which contains both claims and counter -- claims and other aspects of both the parties -- if the government, on consideration of the materials placed before it has come to the conclusion that in order to preserve industrial peace, they are satisfied that an order prohibiting continuance of lock out is necessary, it cannot be said that the impugned order is passed without application of mind or without there being any material to substantiate the exercise of such power under the act.(d) constitution of india -- articles 226 and 227 -- dismissal of writ petition -- dismissal of writ petition does not enable the respondents to indulge either in strike or in any violent activities as the dispute between the parties is pending adjudication before the appropriate forum.writ petition dismissed.
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR3830; 2009(1)KarLJ231:2009(1)AIRKarR481
..... 1 seeking information regarding:(a) the names of the borrowers, who have opted for one time settlement in the last five years and(b) the names of he 160 employees appointed during the year 2005-06.the petitioner/bank filed objections to the complaint stating that the complainant is neither a director nor a member of the petitioner/bank and the bank is not a 'public authority' and there was no obligation on ..... a complaint dated 26.4.2006 (annexure-a) under section 18(1) of the right to information act, 2005 (in short, 'the act') before the karnataka information commission/respondent no. ..... according to section 2(h)(d) of the act, the appropriate government may include any body owned, controlled or substantially financed by it by ..... it is farther submitted that the petitioner has not challenged the notification of the registrar dated 22.9.2005 at annexure-c and there is no illegality or infirmity in the impugned order made by the respondent ..... as the notification dated 22.9.2005 (annexure-c) has not been issued under section 2(h)(d) of the act, the petitioner is justified in not ..... the ceo and the presidents of all co-operative institutions in the state to take immediate action to carry out such duties and responsibilities and perform such functions assigned to them under the act in their designated capacities as per the notification at annexure-c. ..... it is contended that the notification dated 22.9.2005 issued by the registrar of co-operative societies as annexure-c is not applicable to .....
Tag this Judgment!Court : Karnataka
Reported in : I(1994)ACC257; ILR1993KAR3387
..... another type of vehicle namely to motor cab by merely reducing the seating capacity from 12+1 to 6+1 which it is to be stated is not intended under the specific provisions of the motor vehicles act and rules made thereunder.it is to be stated that the petitioner by invoking section 52 of the act intends to effect absolute change of identity of maxi cab into motor cab which imports destruction of existence of a thing altered or changed or loss of its identity which is not the real ..... rto/bng/ c/pr.144/tr/93-94 dated 28.6.1993 marked under annexure-a by issue of a writ of certiorari of any other appropriate writ, order or direction; ii) issue a writ in the nature of mandamus directing the respondent to grant the alteration as prayed for by the petitioner in respect of ..... 1990, which is to the following effect at para-2 and 3:para 2: this petition is directed against an endorsement issued by the respondent stating that the motor vehicles act, 1988 and karnataka vehicles rules 1989 do not permit conversion of omnibus into goods vehicle pursuant to an application made by the petitioner in that regard. ..... question that requires for consideration is whether it is permissible in law to seek re-alteration of a vehicle from one type of vehicle to another type of vehicle by either enhancing number of seats or by reducing number of seats under section 52 of the act read with rules 49 and 151 of karnataka motor vehicle rules 1989 and what is the meaning to be attached to the word alteration. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR855
..... the provision is also similar to section 8 read with section 10 of the karnataka privateeducational institutions (discipline and control) act 1975 which was held to be inapplicable to a minority institution (see: anjuman hani -e- muslimeen bhatkal's case at pages 313 to 316).statute ..... by the management without the prior approval of the university,(b) in case of breach of provision contained in statute 10(a), the university shall recommend the disaffiliation of the institution after observing all formalities as contemplated in the act, statutes and ordinances.the statute is patently inconsistent with the right conferred on the minorities under article 30. ..... college by the university may be withdrawn in whole or in part or modified if the college has failed to comply with of the any provisions of the conditions of affiliation inaccordance with section 56 of the karnataka state universities act'.30in view of the ratio of the judgments of the supreme court (1 to 2) statutes 7(b) and 9 are valid. ..... the bangalore university, which was formerly constituted under the bangalore university act, 1964, and was re-established under the karnataka state universities act, 1976, has framed statutes regulating the service conditions of the teachers on 13-1-1981 (annexure-g) and the statutes governing conditions of affiliation to the university, ..... 'in exercise of the powers conferred under section 44a of the mysore university act, 1956, the government of mysore are pleased to sanction affiliation of the .....
Tag this Judgment!