Court : Karnataka
Reported in : ILR1991KAR1993
..... to distribute fair price commodities. it is not shown by the zilla parishad, mandya that the chief secretary was delegated with the power, as required by section 268 of act no. 20 of 1985. in the absence of such delegation, the chief secretary has no authority to cancel or grant the authorisation. the zilla parishad has ..... power to distribute fair price commodities as per the notification issued under section 5 of the essential commodities act, read with sub-section (3) of section 3 of the act, as such it is not permissible for the state government to re-delegate the same power to any other authority. it ..... points are inter-related, hence they are considered together.16. it is contended on behalf of the writ petitioners that under clause xv of sub-section (1) of section 182 of karnataka act, no. 20/1985, one of the functions of the zilla parishads is to distribute essential commodities; that the state government is the delegatee of the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1991Kant169; 1991(4)KarLJ383
..... punishment was imposed and that the studentwas given an opportunity of participating in the proceedings is not sufficient compliance with the proviso to sub-section (2) of s. 62 of the act, inasmuch as the said proviso requires the authority concerned of giving an opportunity to the student concerned of showing cause against the action ..... not do, (v) after receipt of the enquiry, before taking a decision regarding the quantum of punishment as required under the provisions of section 62 of the karnataka slate university act, a second show cause notice should have been given to them. 2. according to the petitioners, since the university authorities failed either to ..... of the university. the same was brought to the notice of the first respondent-university, which in turn, in exercise of power conferred under section 62 of the karnataka state university act, 1976, issued show cause notices dated 15-11-1989 to the petitioners. the charge levelled against the first petitioner reads thus:'1) that .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1991Kant133; ILR1990KAR2975
..... framed may provide for the restrictions, conditions and limitations subject to which the b.d.a. may lease, sell or transfer movable of immovable property. section 69(2)(h) of the act provides that the rules may envisage regulation of the allotment or sale by auction of sites by the b.d.a. 13. it is thus seen ..... public all the amounts received by it in the form of registration fee and application fee under the impugned rule. 2. under section 69 of the bangalore development authority act, 1976 (hereinafter referred to as 'the act'), respondent-2 which is the state of karnataka has framed rules called the bangalore development authority (allotment of sites) rules, 1984 ..... rendered to a class of citizens by government or governmental agencies and is generally based on the expenses incurred in rendering the services.' 35. in state of maharashtra v. salvation army, : [1975]3scr475 , it is held as follows (at pp. 850 and 851 of air) :-- 'a tax is a compulsory exaction of money by a public authority .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1991Kant161; 1990(2)KarLJ460
..... xx (v) a toll on vehicles other than motor vehicles paying vehicles tax under the karnataka motor vehicles taxation act, 1957 (karnataka act 35 of 1957) entering the corporation limits;' according to him, the said section does not authorise the corporation to levy fee. it authorises the corporation only when the vehicle entering the corporation ..... expenses for rendering services and must not go to the general revenue of the state to be spent for general public purposes. (see state of maharashtra v. the salvation army, : [1975]3scr475 ). thirdly, the levy must clearly confer special benefit to the person on whom it is imposed. (see corporation of calcutta v. liberty cinema. ..... complaint regarding charging of higher rates may be brought to the notice of the corporation authorities.' according to the petitioners neither under the karnataka municipal corporations act, 1976, nor under the bye-laws of the corporation any power conferred on the corporation to collect such a lee from the owners of the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR313
..... a case where the property passed on into the hands of the sole surviving co-parcener, therefore, it fell within the scope of clause (d) of sub-section (1) of section 8 of mysore act 10/1933. it was held that the right of a female was not dependent on the happening of partition, inasmuch as her right to share in the joint ..... of a partition, and not to be restricted by assuming partition. therefore the plaintiff's interest in the family properties became absolute upon the coming into force of section 14(1) of the act and the sole surviving coparcener had no right to alienate it. the absolute property vested in a female member cannot be disposed of by the kartha of the ..... not in a position to move about. he was dependent and he could not operate his right hand and right leg. p.w.1, the plaintiff has stated thus: 'from 1950, my father had a paralytic stroke. at the time my father had a paralytic stroke, i was at mysore. one kasturiranga iyengar was used to treat my father. every day .....
Tag this Judgment!Court : Karnataka
Reported in : 1992CriLJ634; ILR1991KAR2739; 1991(2)KarLJ11
..... our purpose as the services of the armed forces were not requisitioned. section 132 deals with protection against prosecution for acts done under the aforesaid sections. under sub-section (1) of section 132, no prosecution against any person for any act purporting to be done under section 129, 130 or 131 shall be instituted in any criminal court ..... could have been carried through a private carrier without any material detriment to the discharge by the state of its sovereign function of maintaining the army and training army personnel. it was found that the defendant was not exercising any delegated sovereign power of the state when he transported the equipment in a military ..... transport of the records sound ranging machine and other equipments from the workshop to the school of artillery was necessary for the proper training of the army personnel, but it was not necessary to transport the said equipment through a military truck driven by an employee of the defence department. the equipment .....
Tag this Judgment!Court : Karnataka
Reported in : 1992CriLJ832; ILR1991KAR2033
..... this contention and heard the learned counsel for the appellant as well as the learned public prosecutor. it is clear that the protection of civil rights act, 1955 is a special act and section 16 of the same lays down that it overrides other laws. now, the question is whether the conviction could be compounded in law. having regard ..... cri lj 284. in that case a learned single judge of the madras high court appears to have taken the view that parties prescribed under section 7 of the protection of civil rights act could be permitted to compound the said offence voluntarily. the headnote to the decision sets out the dicta that : 'when the affected parties under ..... se not compoundable even with the permission of the court for the simple reason neither the protection of civil rights act nor section 320 of the cr.p.c. makes the offence under section 7(3)(d) of the aforesaid act compoundable either with or without the permission of the court. in the circumstances, the permission granted to the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR3817; 1992(1)KarLJ22
..... the lands for grant of house-sites or formation of lay-outs cannot be considered as a valid urgency for purposes of invoking the power under sub-section (4) of section 17 of the act and dispensing with the valuable right of hearing. in support of this, learned counsel relied on the decision in narayan v. state of maharashtra : ..... groups; the said sidramappa anna had challenged to see that the only land of the petitioner would be deprived by acquisition, purporting to exercise powers under section 17 of the act respondent no. 1 has issued the impugned combined notification; in response to the notice-annexure-8 received, the petitioner filed detailed objections to the second ..... air dropping from indian airforce helicopters and further they were shifted to relief camps at yernahalli when the level of the river rose alarmingly by deplying the army force and the rehabilitation of the village bompalli is quite essential and it is desired to be completed before the rainy season starts this year.it is .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR444; 1991(3)KarLJ308
..... that corrupt practice has been practised by non-furnishing of correct accounts but that itself renders the election void as it constitutes breach of the provisions of the act within section 100. respondent-1 has stated in his evidence that one mannur was the president of the daily wage earners association and when the trial was going on he ..... before witnesses. case was registered and f.i.r. was sent to the j.m.f.c. court. police have also registered a case under section 125 of the act read with sections 295-a and 511 ipc and investigation taken up. it is also averred that the 1st respondent has got his appeals and pamphlets printed at the indivara ..... divide the votes of minor communities people. his participation substantially damaged the prospects of the petitioner. this by itself is a corrupt practice falling under sub-section (1)(a) of section 123 of the act. it was one rudregowda of bindiganavile who had proposed the nomination of r- 2 and l.r. basavegowda the elder brother of r-1 was .....
Tag this Judgment!Court : Karnataka
Reported in : [1993]77CompCas97(Kar); ILR1992KAR1262; 1992(2)KarLJ614
..... section 111 as substituted. as per the substituted section 111 of the act, the jurisdiction to ..... of the companies (amendment) act, 1988 (act no. 13 of 1988), in the light of the provisions contained in section 68 of the companies (amendment) act, 1988. though section 21 of the companies (amendment) act, 1988, omits sections 155 and 156 of the act but section 16 of the very amendment act, 1988 (act no. 13 of 1988), while substituting section 111 of the act incorporates section 155 of the act with certain modifications in .....
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