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 college by the university may be withdrawn in whole or in part or modified if the college has failed to comply with of the any provisions of the conditions of affiliation inaccordance with section 56 of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!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 : 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 : ILR1988KAR2037; 1988(2)KarLJ136
..... computed in terms ofmoney and if any question a rises as to the amount of money due or asto the amount at which such benefit should be computed, then thequestion may, subject to any rules that may be made under this act, bedecided by such labour court as may be specified in this behalf by theappropriate government within a period not exceeding three months:provided that where the presiding officer of a labour courtconsiders it necessary or expedient so to do, he may, for reasons tobe ..... where any dispute a rises between an employer andhis employees with respect to the bonus payable under this act or withrespect to the application of this act to an establishment in publicsector, then, such dispute shall be deemed to an industrial disputewithin the meaning of the industrial disputes act, 1947, or of artycorresponding law relating to investigation and settlement ofindustrial disputes in force in a state and the provisions of that actor, as the case may be, such law, shall, save as otherwise expresslyprovided, apply accordingly.'7. ..... scopeof a dispute that is likely to come within section 7(4) is very wide.the controlling authority has to decide the dispute, against which anappeal lies under section 7(7) to the state government or to suchother authority as may be specified by the appropriate government. .....
Tag this Judgment!Court : Karnataka
Reported in : I(1990)DMC121; ILR1989KAR3048; 1989(3)KarLJ308
..... the respondent preferred a petition for divorce against the petitioner under section 13 of the hindu marriage act, 1955, in the court of the civil judge, hassan, in m.c.no. .....
Tag this Judgment!Court : Karnataka
Reported in : 1991(32)ECC113; ILR1991KAR90; 1990(3)KarLJ332
..... petitioner, who could have availed of the alternative remedy by way of suit approaches the high court under article 226 of the constitution, it is appropriate ordinarily to construe that any unexplained delay in the filing of the writ petition after the expiry of the period of limitation prescribed for filing a suit ..... the orders for refund made by the' high court in these seven cases cannot be sustained,'it will thus appear from the observations of the supreme court that though the provisions of the limitation act do not as such apply in the matter of grant of relief under article 226, it may yet provide a reasonable standard by which, delay in seeking remedy under article 226 can be measured. ..... vehemently pleaded on behalf of respondents that the appellant was not entitled to any relief because challenge to the orders passed by the authorities under the act was unreasonably delayed and the claim for refund could not be allowed on account of laches on the part of the appellant. ..... there is no lower limit and there is no upper limit, a case may be brought within limitation act by reason of some article but this court need not necessarily give the total time to the litigant to move this ..... relying upon the order of the high court, the appellate authority under the act passed an order on august 27th, 1957, which was claimed by the writ petitioners to be ..... true fact was that the appellant having exhausted his remedies under the act, did not care to challenge the revisional order passed by the .....
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 : 1994ACJ191; (1994)IILLJ1038Kant
..... submitted that this is a fit case where specific direction may be issued or observations made that the authorities exercising powers under the provisions of the said act shall apply their mind to these aspects and make appropriate orders specifically relating to exclusion or inclusion of the liability of the insurer as to payment of penalty and interest leviable in a case like this. ..... in most of the cases, the authorities who are called upon to deal with such cases under the provisions of the act, without applying their mind to the specific coverage taken under the act, invariably impose payment of interest/penalty fastening the liability with the insurer which will result in hardship and injustice to the ..... at the outset, we are of the view that having regard to the provisions of the first proviso to section 30 of the workmen's compensation act, 1923 (hereinafter referred to as 'the act'), the question now raised relating to the imposition of interest on the compensation determined is a substantial question of law involved in the appeal and, therefore, it is a fit case for being ..... on a careful consideration of the award as well as the coverage found in the policy issued under the act in favour of the insured, it is seen that the liability of indemnifying the insured as to imposition of interest or ..... therefore, the authorities exercising power under the act must necessarily apply their mind to see whether under the policy covering the risk there arises liability to indemnify the .....
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 : 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 .....
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