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Judgment Search Results Home > Cases Phrase: appropriation railways act 2006 Court: karnataka Page 100 of about 9,415 results (0.084 seconds)

Dec 08 2006 (HC)

Prime Technologies, a Division of Hindustan Alloys Ltd. Rep. by Its Di ...

Court : Karnataka

Reported in : [2007(114)FLR47]; ILR2007KAR447; 2007(2)KarLJ93; 2007(2)KCCR1082; 2007(3)AIRKarR232

..... has further held that the financial corporation was not justified in apportioning the sale proceeds without taking into consideration the claim of the workmen by referring to section 529a of the companies act though there is no provision under the state financial corporation act for apportionment of the amount towards payment of compensation due to the workmen, nevertheless what is required to be noticed is that the sale of entire assets of the company is not less than winding up of ..... in this regard he also pointed out to para 26 of the said judgment and submitted that the state financial corporation has not justified in appropriating the sale proceeds in respect of the other claims, without taking into consideration the claim of the workmen. ..... in such an event the workmen who are legitimately entitled for the compensation cannot be ignored for the purpose of appropriating the amount only towards the debt of the financial corporation. ..... which are not in dispute are: hat the respondent workmen was engaged by m/s khl; m/s khl had availed loan amount from m/s ksiidc and ksiidc held a public auction under section 29 of the karnataka financial corporation act for recovery of the debt due; that the petitioner-m/s prime technologies was the successful bidder in sale of the assets of m/s khl. ..... 2001 llj 859 and submitted that in an identical circumstances when an award was passed under section 33(1)(c) of the act the money due to the workmen was treated as first charged on the sale proceeds. .....

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Mar 16 2005 (HC)

Vidyavardhaka Sangha by Its Honorary Secretary Vs. State of Karnataka ...

Court : Karnataka

Reported in : ILR2005KAR4907; 2006(3)KarLJ554

..... age group not being less than six years or more than fourteen years at the beginning of the academic year as the state government may specify for the purposes of this act either generally or with respect to any specified area.section 3 of the act confers power on the state to regulate general education, professional education, medical education, technical education, commerce education and special education at all level in accordance with the provisions of the ..... total intake in each class as may be specified by the state government from time to time.explanation: 'larger urban area' and 'smaller urban area' means the area specified as such under the karnataka municipal corporations act, 1976 and the karnataka municipalities act, 1963;provided that if sufficient number of such students are not available within the specified area, the educational institution may admit students from other areas.4. ..... when the power is reserved to the state government to permit the establishment of pre-primary or non-formal educational institutions, under section 145(2)(xl) of the act, in our considered view, the state government has the power to frame appropriate rules to implement the provisions of the act, viz. ..... therefore, from the reading of the section 145(2)(xl) referred to above, it is clear that the state government is conferred with the power of framing appropriate rules for the purpose of the implementation of the act. .....

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Aug 26 2005 (HC)

Karnataka Power Transmission Corporation Limited Vs. R.K. Powergen Pri ...

Court : Karnataka

Reported in : ILR2005KAR5468; 2006(2)KarLJ608

..... , (supra) has observed as follows:'the commission constituted under section 17 of the 1998 act is an expert body and the determination of tariff which has to be made by the commission involves a very highly technical procedure, requiring working knowledge of law, engineering, finance, commerce, economics and management, it would be more appropriate and effective if a statutory appeal is provided to a similar expert body, so that the various questions which are factual and technical that arise in such an appeal, ..... neither the high court nor the supreme court would in reality be appropriate appellate forums in dealings with this type of factual and technical matters. ..... , it is recommended that the appellate power against an order of the state commission under the 1998 act should be conferred either on the central electricity regulatory commission or on a similar body. ..... : air2002sc3588 wherein the apex court has observed that whenever an expert body is constituted under the act it is desirable that the controversy be decided by the said expert body.7. ..... in view of the formation of the appellate tribunal under the act, the main contention is that the writ petition under articles 226 and 227 of the constitution of india itself is not ..... from factually denying all the averments made in the writ petition, they have taken a specific contention that after coming into force of the electricity act 2003, an appeal is provided under section 111 of the act against the order passed by the commission. .....

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Mar 21 2005 (HC)

The Karnataka State Co-operative Agricultural and Rural Development Ba ...

Court : Karnataka

Reported in : 2006(2)KarLJ518

..... made available by the petitioner-bank has come to the conclusion and given a specific finding that 'the 1st respondent is in no way connected with the negligence and dereliction of duties on his part and has taken appropriate action to stop the payment against the missing cheque that were in the custody of the senior accounts officer'. ..... being aggrieved by the resolution passed by the board of directors on 19-11-1996 vide annexure-e, the 1st respondent has raised a dispute under section 70 of the karnataka co-operative societies act, 1959, before the 2nd respondent. .....

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Jun 10 2008 (HC)

G. Somashekara Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2009(4)KarLJ35; 2008(5)KCCRSN650

..... impugned order at annexure-q would also indicate that taking into consideration the past and the present service records of the petitioner as well as the fact that he was attaining the age of superannuation in october 2006 and also in the larger interest of the institution and to maintain discipline, retiring the petitioner compulsorily will not carry any stigma on his career. ..... past and present service records as well as the fact that you are attaining the age of superannuation in october 2006; and in the larger interests of the administration of the polytechnic to maintain discipline among the staff and students; on the subjective satisfaction of the case, to retire you compulsorily from the service with effect from 1-7-2006 which is not by way of imposing any punishment nor does it carry any stigma on your career.an order ..... the rule of compulsory retirement should not be a threat to the public servant so as to haunt him but must act as a check and reasonable measure to ensure efficiency of service and freedom from corruption and incompetence.12. ..... he further submits that under section 92 of the karnataka education act, 1983 (for short, 'the act') the maximum period of suspension is only six months and any further suspension ..... he further submits that under section 146 of the act, which would deal with the repeals and savings, whatever actions are initiated and done under the old rules are ..... , it is on his own volition and the act committed by him, the suspension order is passed. .....

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Feb 15 2006 (HC)

Al-karam Associates Represented by Its Managing Partner Sri. Anees-ur- ...

Court : Karnataka

Reported in : AIR2007Kant26

..... ordinances issued by the president of india, governor of mysore, proclamation of the state of emergency, summoning of the houses of legislature and also their prorogation etc, also the notifications issued by or on behalf of the election commission, appropriation acts; sometimes certain of the acts and other statutory matters which have received the assent of the president or governor, bills and important notifications involving money or bar of limitation or validation have also to be published as gazette extraordinary on particular day, though .....

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Nov 14 2006 (HC)

The Special Land Acquisition Officer, Upper Krishna Project (Ukp) and ...

Court : Karnataka

Reported in : ILR2006KAR4563ILR2006(4)Kar4563; 2007(2)KLJ332; 2007(1)KCCR99; 2007(1)AIRKarR309; AIR2007NOC268(DB).

..... pronounced by civil court giving higher compensation for an acquired lands similar to his own while he is denied of such higher compensation for his land because of operation of section 18 read with section 31 of the act resulting in affectation of his pecuniary interest in his acquired land is directly and adversely in that award of the collector made under section 11, he becomes as such aggrieved person and entitled to avail of the ..... unjustly deprived or denied something which he would be interested to obtain in the usual course or similar benefits or advantage or results in wrongful affectation of his title to compensation.under section 11(2) of the act, the statute envisages, that the persons interested in the land, at any stage of the proceedings of the collector, may agree in writing on the matters to be included in the award of the collector. ..... petitions and has directed the special land acquisition officer to reconsider the applications filed by the petitioners afresh and pass appropriate orders in accordance with law, keeping in view the award passed by the civil court in lac nos. ..... has quashed the order passed by the special land acquisition officer under section 28-a of the land acquisition act, 1894 (hereinafter for the sake of brevity referred to as 'act') and further, has directed the special land acquisition officer to reconsider the applications filed by the petitioners under section 28-a of the act afresh and to pass appropriate orders in accordance with law.2. .....

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Nov 21 2006 (HC)

Employees State Insurance Corporation Represented by Its Deputy Direct ...

Court : Karnataka

Reported in : [2007]136CompCas744(Kar); [2007(114)FLR519]; 2007(3)KarLJ198; (2007)IIILLJ142Kant

..... and, therefore, it cannot brought within the fold of the expression 'shop' is concerned, the learned counsel for the appellant-corporation contended that a co-operative society has been held to be a 'shop' for the purpose of the act and, therefore, when a co-operative society, which is meant for its own members, could be held to be a 'shop', the same analogy will also hold good even in respect of the respondent-company herein, which serves only ..... that the expression 'nidhi' or 'mutual benefit society' means a company, which is notified in the official gazette and declared to be a nidhi or mutual benefit society and referring to the above section of the companies act, it was submitted that the respondent-company deals only with their members and, therefore, the business is restricted to receiving the deposits from and lending money to the members and its main source of income or ..... in the light of the principles of law laid down by the apex court and having regard to the object behind the enactment of the act and the meaning assigned to the word 'shop', i am of the considered opinion that in the instant case, as the respondent is carrying on the activities of rendering service to its members in the form of giving loans and accepting deposits ..... the extension of benefit is to be done by means of a notification by the appropriate government. ..... employees state insurance corporation reported in 2006 lab.i.c. .....

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Nov 17 2006 (HC)

Parminder Singh S/O Shrimava Singh Vs. State of Karnataka by H.A.L. Po ...

Court : Karnataka

Reported in : 2007(2)KarLJ7; 2007(2)KCCR1409; 2007(2)AIRKarR256(DB)

..... an accused person and the evidence led in support of such plea, judged by the test of the preponderance of probability, as in a civil proceeding, fails to displace the presumption arising from section 105 of the evidence act, in other words, to disprove the absence of circumstances bringing the case within the said exception; but upon a consideration of the evidence as a whole, including the evidence given in support of the plea based ..... principal laid down supra shows that the burden of proof stand by the prosecution even in respect of the cases covered under section 105 of the evidence act, if the accused were to point out directly or indirectly the probability and other circumstances available on record, it is open for the accused independently to ..... it is mentioned that all the articles found scattered inside the house cannot be presumed that there was free-fight and that even while in the act of the deceased escaping and running away, the articles might have scattered in the room, thirdly, submitted that the voluntary statement ex.p10 cannot be looked into. ..... as we think that it would be appropriate and useful to set out the sum and substance of the above discussions regarding the scope of section ..... which was the appropriate provision to be ..... in air 2006 (2) crimes 5 (sc) it is observed:to attract exception 4 to 300 ipc it has to be established that act was committed without, premeditation in a sudden quarrel without the offender having taken undue advantage and not having acted in .....

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Jun 09 2006 (HC)

Smt. N. Nagamma W/O Late Sri K. Subbarayappa, Vs. H.A. Somashekaraiah ...

Court : Karnataka

..... per-contra, the learned counsel appearing for the landlord has submitted that the tenants have not complied with the requirements of section 21(1)(a) of the old act and also there is misuse of the building and change of identity in putting up the construction on the upstairs without the consent of the landlord; there is a due notice issued as required under section 27(2)(c) and there is a non ..... in view of the above petition is allowed in so far as the grounds raised under section 27(2)(a)(c) and (l) of the karnataka rent act, 1999 is concerned while allowing the revision preferred by the landlord and dismissing the revision filed by the tenants by setting aside the order passed by the ..... when the tenant has failed to comply with such requirement within one month as per section 21(1)(b) of the old act and at that time when the petition was filed he is required to stop the use or else he is liable to be ..... to the provisions of karnataka rent control act of 1961 this court has held that, when an application under clause (a) of the proviso to section 21(1) is pending it is not necessary for the landlord to make a special application under section 29 of the act; for, section 21(2) of act itself provides that the tenant shall comply with the provisions of section 29 of the act and it is made a statutory liability. ..... far as the ground raised by the petitioner under section 27(2)(c) of the karnataka rent act is concerned, it was held partly in the affirmative and partly in the negative. .....

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