Court : Karnataka
Reported in : ILR1986KAR1293
..... come into force on the expiry of three months from the date of its issue :provided that where the appropriate government proposes to revise the minimum rates of wages by the mode ..... the proviso reads as under :'provided that where for any reason the appropriate government has not reviewed the minimum rates of wages fixed by it in respect of any scheduled employment within any interval of five years, nothing contained in this clause shall be deemed to prevent it from reviewing the minimum ..... under section 3 of the act the appropriate government, and in this case the state government have the power to fix the minimum wages to employees of the cashew industry ..... section 5(2) of the act reads as under :5(2):- 'after considering the advise of the committee or committees appointed under clause(a) of sub-section (1), or as the case may be, all representations received by it before the date specified in the notification under clause (b) of that sub-section, the appropriate government shall, by notification in the official gazette, fix, or, as the case may be, revise the minimum rates of wages in respect of each scheduled employment, and unless such notification otherwise provides, it shall .....
Tag this Judgment!Court : Karnataka
Reported in : 1991(34)ECC79; 1992LC105(Karnataka); 1992(57)ELT242(Kar); 1991(1)KarLJ294
..... of action arises within the territorial limits of this court and as such this court has got jurisdiction to issue appropriate writs, orders or directions in accordance with the provisions of article 226 sub-article (2) of the constitution. ..... the learned counsel also submitted, on merits of the case and contended that the power of exemption traced to section 25 of the customs act is not an executive power, but a legislative power and therefore the doctrine of estoppel was not applicable; there cannot be any estoppel against the exercise ..... 'we shall assume for purposes of these cases that the power to grant exemption under section 25 of the customs act, 1962 is a legislative power and a notification issued by the government thereunder amounts to a piece of subordinate ..... three notifications exempting import duty governed the importation of the goods in question because the petitioner had acted upon the said notifications while entering into the contract with the foreign seller. ..... vires of section 132 of the income-tax act before the delhi high court. ..... court; the court held : 'we are unable to acceded to the contention that the executive necessity releases the government from honouring its solemn promises relying on which citizens have acted to their detriment. ..... proved in order to succeed in this application that the impugned order is bad, arbitrary, unreasonable and illegal being not in accordance with the norms laid down in sub-section (3c), section 3, essential commodities act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR239; 1995(6)KarLJ365
..... view certain developments in the academic curriculum of the university and other developments - factual and legal, petitioners have come up before this court with a prayer that the respondent university should be directed by issuance of appropriate writ/orders to permit the petitioners to complete their annual be course by providing 100% carry over of all failed subjects, meaning thereby that even if the candidates have failed in all the subjects in a given ..... , before proceeding further to dwell upon the legal issues raised, it will be appropriate to set out certain relevant facts pertaining to the present five petitioners which are ..... the legislature and its delegate are the sole repositories of the power to decide what policy should be pursued in relation to matters covered by the act and there is no scope for interference by the court unless the particular provision impugned before it can be said to suffer from any legal infirmity, in the sense of its being wholly ..... this court finds that the ordinance and regulations have been framed by the competent authority by following the procedures laid down under the act, it is not for this court to investigate into the policy involved therein and substitute its own view in such academic matters.18. ..... university authorities will do better to incorporate the rule of carry over as set out therein in the statutory instruments like ordinance or regulations by making appropriate amendments by following the procedure laid down under the act.17. .....
Tag this Judgment!Court : Karnataka
Reported in : 2005CriLJ4176; ILR2005KAR3699; 2006(3)KarLJ584
..... 674/97 is regarding the act of the petitioner sessions judge in not clubbing crl. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR3101; 1994(4)KarLJ591
..... proper on my part to make a reference to the provisions of section 200 of the local boards act, 1959 and before i proceed to examine the merits of the writ petition, i think it would be appropriate on my part to first dispose of the preliminary objection with respect to the maintainability of the writ ..... the order to be illegal, null, void and inoperative and liable to be quashed, i may make it clear that it will be open to the authorities to act in accordance with law and pending the final decision in the matter by the highest authorities, the petitioners' possession, if any, over the property in dispute, shall ..... sri chandrashekaraiah holding brief for the counsel for the petitioner submitted that assistant commissioner had acted in excess of jurisdiction in setting aside the allotment order passed by the village panchayat chairman and that under section 200 of the local boards act, 1959 the assistant commissioner firstly could not go into the question of title relating to the property in dispute and question of title has got to ..... would be most appropriate on my part to make reference to the provisions of section 200 of the local boards act, 1959. ..... 15/1993-94, before the assistant commissioner under section 200 of the village panchayat and local boards act, 1959 (for short, 'local boards act, 1959') and the assistant commissioner has set aside the order of allotment - vide annexure-d to this writ petition - and an english translation whereof has been annexed to the counter .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2001KAR3550; 2001(4)KarLJ505
..... or order of a court, the tenancy of any land shall not be terminated--(a) unless the tenant--(i) has failed to pay the rent for any revenue year before the 31st day of may thereof;(ii) has done any act which is destructive or permanently injuries to the land;(iii) has sub-divided, sublet or assigned the land in contravention of section 27;(iv) has failed to cultivate it personally; or(v) has used land for a purpose other than agriculture or ..... in the said decision, at paragraph 5 of the judgment, the court observed thus:'before we deal with the question as to which article of the limitation act applies to a case like the present, it is useful to examine the position and the rights of persons like the plaintiffs who purchase a share of some of the coparceners of a ..... in this connection, he referred to me sections 14, 23 and 26 of the bombay tenancy and agricultural lands act (hereinafter referred to as 'the btal act'') and pointed out that since there was a protection given under section 26 of the btal act from eviction of a tenant by a landlord, the purchase of one-fifth interest of the landlord in the land in question by a tenant cannot deprive his right to seek occupancy right in respect of the land ..... further, as rightly pointed out by sri kothawale, section 111(d) of the transfer of property act provides that lease of immovable property determines in case the interests of the lessee and the lessor in the whole of the property become vested at the same time in one person in the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR1270
..... it reads as follows :-'penalties-(1) whoever :--(a) as a registered owner or otherwise has possession or control of any motor vehicle liable to tax under this act without having paid the amount of tax or additional tax due in accordance with the provisions of this act in respect of such vehicle, or(b) delivers a declaration or additional declaration wherein the particulars required by or under this act to be therein set-forth are not fully and truly stated, shall on conviction, be punishable with fine which shall not ..... the learned single judge - interpreted the provisions of section 12 of the karnataka motor vehicles taxation act, in his order - and held that since the respondent had paid an amount equivalent to the tax for a quarter, pursuant to the order passed by the magistrate, he was entitled to deduction to that extent. ..... the main contention of the state is that, having regard to the provisions of section 12 of the act, the amount of penalty paid by the respondent as imposed on him by the court cannot be treated as adjusted towards the amount of tax paid for a quarter and therefore, the respondent was not entitled to the deduction. .....
Tag this Judgment!Court : Karnataka
Reported in : 2002(4)KarLJ304
..... however, it is made clear that if there is any difficulty in reaching the petition schedule premises the respondent is at liberty to file appropriate applications in the court if so advised and if there is a need in accordance with law. ..... tenant filed a petition under section 43(1) of the karnataka rent control act seeking for orders before the first additional munsiff, dharwad in hrc no. ..... after all, the object of section 43 of the act is to see that the tenant does not suffer any handicap on account of denial of services to which he is entitled to under the act. ..... if the very service affects his very possession and occupation such service cannot be ordered to be restored and any such order in my opinion would be contrary to the very object of section 43 of the act. ..... admittedly, this petition is filed under section 43 of the krc act. ..... 11 of 1985 was filed under section 21(l)(k) of the act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR559
..... as such the application for condonation of delay made under section 5 of the limitation act is hereby rejected.5. ..... i.a.no.ii is an application for condonation of delay in filing the second appeal, under the land acquisition act. .....
Tag this Judgment!Court : Karnataka
Reported in : (1998)ILLJ1133Kant
..... narasim-han, the learned counsel appearing for the appellant that for the earlier years the establishment was declaring holidays on the basis of the notifications by the state government under the negotiable instruments act and therefore it was a privilege enjoyed by the employees earlier to the filing of the statement by the employer under section 3 and therefore those privileges are not affected and the employer is ..... the writ petition and contended that the first respondent had no authority to pass such an order and his duty is to see that the list submitted by the management conforms to sections 3 and 11 of the act and nothing more and when it is found that the statement submitted is in conformity with the said provisions, it has to be approved and if the workmen claim that the holidays have to be increased, they ..... that the management had not consulted the trade union before forwarding the list and that when the management was earlier declaring holidays as declared by the state government under the negotiable instruments act, they were required to continue the same and hence it was not possible to approve the list of holidays sent by the management and accordingly made changes and sent an amended list of holidays ..... respondent who is the inspector appointed under the act after receiving the statement, issued notice to ..... the number of mandatory holidays as provided under section 3 and the duty of the inspector under the act is to see that the mandatory provisions are complied with. .....
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