Court : Karnataka Dharwad
..... that it would not be tenable for the petitioners to contend that the respondents are not in a position to demand and receive the additional amounts payable in terms of section 78 of the act, which provides that notwithstanding anything contained in the railway receipt, the railway administration may, before the delivery of the consignment, have the right to re-measure, re- weigh or re-classify, any consignment; re-calculate the freight and other charges; and correct any other error ..... and 2 having booked the consignment and having received the freight charges at 30% concession and respondent no.3 having realized that a mistake of fact had been committed by respondents 1 and 2, the question is whether the 8 railways are enabled in law to claim and demand the difference in charges and whether the contract of entrustment of goods for carriage could be said to be voidable and not binding on the respondents.6. ..... in terms of section 36 of the railways act, 1989, any complaint as regards the railway administration charging for the carriage of any commodity between two stations, at a rate which is unreasonable, it would be for the complainant to approach the railway rates tribunal constituted under chapter vii of the railways act, 1989. ..... , the petitioners firstly having chosen to approach the consumer forum and thereafter having withdrawn the same and having approached this court, is a folly committed by the petitioners and they should avail of the appropriate remedy before the tribunal.4. .....
Tag this Judgment!Court : Karnataka Dharwad
..... that it would not be tenable for the petitioners to contend that the respondents are not in a position to demand and receive the additional amounts payable in terms of section 78 of the act, which provides that notwithstanding anything contained in the railway receipt, the railway administration may, before the delivery of the consignment, have the right to re-measure, re-weigh or re-classify, any consignment; re-calculate the freight and other charges; and correct any other error ..... and 2 having booked the consignment and having received the freight charges at 30% concession and respondent no.3 having realized that a mistake of fact had been committed by respondents 1 and 2, the question is whether the railways are enabled in law to claim and demand the difference in charges and whether the contract of entrustment of goods for carriage could be said to be voidable and not binding on the respondents. 6. ..... terms of section 36 of the railways act, 1989, any complaint as regards the railway administration charging for the carriage of any commodity between two stations, at a rate which is unreasonable, it would be for the complainant to approach the railway rates tribunal constituted under chapter vii of the railways act, 1989. ..... , the petitioners firstly having chosen to approach the consumer forum and thereafter having withdrawn the same and having approached this court, is a folly committed by the petitioners and they should avail of the appropriate remedy before the tribunal. 4. .....
Tag this Judgment!Court : Karnataka Dharwad
..... or any person who is or was entrusted with the organization or management of such co-operative society or who is or has at any time been an officer or an employee of a co- operative society has made any payment contrary to the act, the rules or the bye-laws or has caused any deficiency in the assets of the co-operative society by breach of trust or negligence or has misappropriated or fraudulently retained any money or other property belonging to such co-operative society, the ..... bangaluru merits of the rival contention of the learned counsels for both sides, we find even from the reference material noted in the impugned dismissal order that the aforesaid orders passed under section 69 of the act by the joint registrar and by the karnataka appellate tribunal as quoted above have not been considered at all by the disciplinary authority, while passing the dismissal order after a gap of 6 years, after ..... respondent-bank which the petitioner never committed, the respondent bank also initiated the surcharge proceedings against the petitioner and some other persons under section 69 of the karnataka co-operative societies act, 1959 (herein after referred to as the act for short), which permits the registrar of the co-operative society to make an order requiring a person responsible for any misappropriation of the funds or causing financial loss to the co-operative ..... has placed logically strong and appropriate grounds to show that, ..... the bank manager and liquidator charge upto 19.08.2006. .....
Tag this Judgment!Court : Karnataka Dharwad
..... but the court may, as provided under sub-section(4) of section 34 of the act, where it is appropriate and if it is so requested by a party, adjourn the proceedings for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the opinion of the arbitral tribunal will ..... (4) on receipt of an application under sub- section(1), the court may, where it is appropriate and it is so requested by a party, adjourn the proceedings for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the opinion of arbitral tribunal will eliminate ..... anuradha deshpande, learned counsel appearing for the respondent-railway submitted that the impugned order does not warrant interference.6 ..... (oral): judgment1 whether court has power under section 34 of the arbitration and conciliation act, 1996 to remit the matter to the arbitral tribunal after setting aside an arbitral award, is the question that requires determination in this appeal ..... this appeal under section 37(1)(b) of the arbitration and conciliation act, 1996( the act for short) is directed against an order dated 29.08.2015 passed by the court of the principal district judge, dharwad, in arbitration suit no.1/2015 ..... ltd [(2006) 11 scc181 and specifically invited our attention to para 52 therein ..... [(2006) 11 scc181 relied on by the learned senior counsel: 52 .....
Tag this Judgment!Court : Karnataka Dharwad
..... but the court may, as provided under sub-section(4) of section 34 of the act, where it is appropriate and if it is so requested by a party, adjourn the proceedings for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the opinion of the arbitral tribunal will ..... (4) on receipt of an application under sub- section(1), the court may, where it is appropriate and it is so requested by a party, adjourn the proceedings for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the opinion of arbitral tribunal will eliminate ..... anuradha deshpande, learned counsel appearing for the respondent-railway submitted that the impugned order does not warrant interference. 6. ..... this appeal under section 37(1)(b) of the arbitration and conciliation act, 1996 ('the act' for short) is directed against an order dated 29.08.2015 passed by the court of the principal district judge, dharwad, in arbitration suit no.1/2015. ..... whether court has power under section 34 of the arbitration and conciliation act, 1996 to remit the matter to the arbitral tribunal after setting aside an arbitral award, is the question that requires determination in this appeal. ..... ltd [(2006) 11 scc 181] and specifically invited our attention to para 52 therein. ..... [(2006) 11 scc 181] relied on by the learned senior counsel: "52. .....
Tag this Judgment!Court : Karnataka Dharwad
..... recognised by common law and 9 not by statute, based on such tort and not independently of it, cannot, on such person s death, survive for prosecution by his/her executors or administrators (or legal representatives) since section 306 of the succession act, in express terms, declares that the cause of action in favour of a person for personal injuries (tort) does not survive on such person s death to his/her executors or legal representatives; (iii) a claim by a person for ..... the principles enunciated in this case are as follows:- (i) the common law rule action personalis moritur cum persona as embodied in section 306 of the succession act since applies to india, a claim by a person for compensation for personal injuries caused in a motor accident does not, on that person s death not being the consequence of such injuries, survive to his/her legal representatives; (ii) ..... respondents (by sri ravi g sabhahit, adv for r-2) (notice to r-1 held sufficient) 2 the and judgment this mfa is filed u/s1731) of mv act award against dated:23/09/2008 passed in mvc no.92/2005 on the file of the additional motor accident claims tribunal, sirsi, partly allowing the claim petition for compensation and seeking enhancement ..... it may be appropriate to refer to the judgment of the full bench of this court in the case of kannamma (supra ..... 8 illustrations (i) a collision takes place on a railway in consequence of some neglect or default of an official, and a passenger is severely hurt, but not so as to .....
Tag this Judgment!Court : Karnataka Dharwad
..... 'ble apex court in the case of state of tamil nadu vs state of kerala reported in air 2014 sc 2407 while examining the constitutionality of kerala irrigation and water conservation (amendment) act, 2006 and declaring it as unconstitutional in its application to and effect on the mullaperiar dam was also examining the separation of powers between legislature, executive and judiciary and held that even without express ..... which was to the effect that the non-grant period of service of the lecturers/teachers cannot be taken into consideration for paying pensionary benefits, by relying upon section 87 of the karnataka education act, 1993 and rule 3 of the karnataka educational institutions (recruitment and terms and conditions of service of employees in aided colleges of education and teachers training institutions) rules, 2001 and karnataka educational institutions ..... to grant-in-aid though same is extended to the employees working in government colleges/institutions and it would amount to discrimination since both are discharging same duties; ii) when section 87 of karnataka education act, has fixed same parameters for both the employees namely employees working in educational institutions receiving grant from the state will be the same as those applicable for corresponding category of employees in any state ..... has the power to suitably amend the law by use of appropriate phraseology by removing the defects pointed out by the court for ..... 1997 sc 3828 chairman, railway board and others vs .....
Tag this Judgment!Court : Karnataka Dharwad
..... 's budget speech explaining the reasons for withdrawal of tax benefits to some societies by way of insertion of sub-section 80p(4) and insertion of new sub-clause (viia) in clause (24) of section 2 definition of income by the finance act, 2006, with effect from 1.4.2007, is as under: the co-operative banks are functioning at par with other commercial banks, which do not enjoy any tax benefits. ..... co-operative society, the primary object of which is to provide financial accommodation to its members and includes a co-operative land mortgage bank; (cciia) co-operative society means a society registered or deemed to have been registered under any central act for the time being in force relating to the multi-state co-operative societies, or any other central or state law relating to co-operative societies for the time being in force;] (cciii) director in relation to a co-operative society, ..... section 80p(4) which came to be introduced in the statute by the finance act, 2006, with effect from 1.4.2007, reads as under: 80p(4) the provisions of this section shall not apply in relation to any co-operative bank other than a primary agricultural credit society or a primary co-operative agricultural and ..... section 2(24(viia)) of the income tax act inserted by the finance act, 2006, with effect from 1.4.2007 includes the following in its definition of income as under: profits and gains of any business of banking (including providing credit facilities) carried on by a co-operative society with its .....
Tag this Judgment!Court : Karnataka Dharwad
..... in the present appeals filed by the revenue are as follows: (i) "whether the assessee, totagar co-operative sale society, sirsi, is entitled to 100% deduction under section 80p(2)(d) of the income tax act, 1961 (for short 'the act') in respect of whole of its income by way of interest earned by it during the relevant assessment years from 2007-2008 to 2011-2012 on the deposits or investments made by it during these years ..... because sub-section (4) inserted in section 80p(2)(d) of the act with effect from 01st april 2007 by finance act, 2006 excludes co-operative banks other than primary agricultural credit society or a primary co-operative agricultural and rural development bank as defined under the banking regulation act, 1949 from the applicability of section 80p of the act and therefore, even the interest income earned by the ..... of the act inserted by the finance act 2006 with effect from 01st april 2007, excluding the applicability of section 80p of the act to any co-operative bank other than a primary agricultural credit society or a rural development bank, is not applicable in the present case because the assessee co-operative society is not a co-operative bank, but is only a co-operative society registered under the provisions of co-operative society act as defined ..... falling between the assessment years 2000-2001 to 2006-2007, the assessing authority itself had allowed the claim of the assessee under section 80p(2)(d) of the act and the revenue has not contested the matter .....
Tag this Judgment!Court : Karnataka Dharwad
..... shabana bano (supra), it was contended that under the provisions of muslim women (protection of rights on divorce) act, 1986, the divorced wife if not entitled to maintenance after the expiry of the iddat period. ..... others (air 1960 sc 1368), wherein it is held that the transfer of property, where the transfer of property act applies, has to be under the provisions of the said act only; the mohammedan law of transfer of property cannot override the statutory law. ..... the relief of declaration that the provisions of the prevention of child marriage act, 2006 ( p.c.m. ..... it has expressed the considered view that wherever the transfer of property act is in force, the mohammedan law or any other personal law is inapplicable to ..... - (1) notwithstanding anything to the contrary contained in this act, if, on an application of the child marriage prohibition officer or on receipt of information through a complaint or otherwise from any person, a judicial magistrate of the first class or a metropolitan magistrate is satisfied that a child marriage in contravention of this act has been arranged or is about to be solemnised, such magistrate shall issue an injunction against any person including a member of an organization or an association of persons ..... the whole of india except the state of jammu and kashmir; and it applies also to all citizens of india without and beyond india: provided that nothing contained in this act shall apply to the renoncants of the union territory of pondicherry. 10. .....
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