Court : Karnataka
Reported in : ILR1993KAR1949; 1994(3)KarLJ325
..... engineering force, the lok sahayak sena and the para military forces'.7. at annexure-b which was issued in exercise of the powers conferred under sub-section (1) & (4) of army act, 1950, which is an extract from the gazette of india reads as under:-(1) applies to the general reserve engineer force raised and maintained in india under ..... notification no. 6-e dated 28 nov.62 (army order 517/62- refers) that all persons subject to army act, shall wherever they may be serving, be deemed to be active service within the meaning of section 9 of the army act read in conjunction with clause (i) of army act section 3.2. since army act sections 3 and 9 are both applicable in the case ..... said that the members of gref answer the description of 'members of the armed forces' within the meaning of article 33 and consequently the application of section 21 of the army act to the members of gref can be said to be protected by that article and the fundamental rights of the members of gref can be said to .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1994Kant20
..... would not be necessary for the attesting witness to state in his deposition that he had signed as witness in the presence of the testator. under section 68 of the evidence act a document required by law to be attested is not to be used as evidence until one attesting witness has been called for proving its execution. ..... it in evidence. therefore, weighing the circumstances, it has to be held that will has been duly proved. its execution and attestation as required under section 63 of the indian succession act, 1925 are proved. the contentions therefore raised with regard to the validity of the will stand rejected. validity of the will is held in favour ..... contest the will. it was also submitted that the evidence of pw-3 sufficiently proved due execution and attestation and there was sufficient compliance with section 63 of the indian succession act andthe will had accordingly been proved and therefore it was urged that the judgment and decree of the trial court called for no interference.7. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR2274
..... application for itself to see whether it is in pursuance of the approved scheme and in the manner specified in ch.iv. the regional transport authority acts' under section 68f(1) wholly in a ministerial capacity while dealing with the applications from the state transport undertaking and its functions are not quasi judicial when there ..... state government to discriminate between individuals and the state transport undertaking, between individuals and private undertakings, and between individuals and individuals. para-19 '.......under section 68c of the act the scheme may be framed in respect of any area or a route or a portion of any area or a portion of a route. there ..... the business of transport services, we cannot say that there is no reasonable basis for such a classification. para-12: but it is said that section 68c of the act and other provisions of ch. iv-a thereof confer an arbitrary power upon the state transport undertaking to discriminate between individuals and the said undertaking, .....
Tag this Judgment!Court : Karnataka
Reported in : 1(1994)ACC511
..... for itself to see whether it is in pursuance of the approved scheme and in the manner specified in ch. iv. the regional transport authority acts under section 68f(1) wholly in a ministerial capacity while dealing with the applications from the state transport undertaking and its functions are not quasi-judicial when there ..... the state government to discriminate between individuals and the state transport undertaking, between individuals and private undertakings, and between individuals and individuals.para-19 '...under section 68c of the act the scheme may be framed in respect of any area or a route or a portion of a route. there is no inherent inconsistency between ..... business of transport services, we cannot say that there is no reasonable basis for such a classification. para-12: but it is said that section 68c of the act and other provisions of ch. iv-a thereof confer an arbitrary power upon the state transport undertaking to discriminate between individuals and the said undertaking, .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR3603; 1993(3)KarLJ416
..... structure is destroyed by fire or any other cause. though there is a specific provision (section 44) in the karnataka rent control act, enabling the tenant to effect repairs and improvements in the event of the landlord failing to keep the property in good repairs, there is no ..... them as are applicable to the property leased: xxxxx b. rights and liabilities of the lessee: (e) if by fire, tempest or flood, or violence of an army or of a mob or other irresistable force, any material part of the property be wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was ..... for running cinema shows and the said structure having been destroyed in a fire, they are entitled to reconstruct the building. as noticed earlier, the karnataka rent control act prohibits putting up of a new permanent structure by a tenant without the consent of the landlord. no exception is made in regard to cases where an existing .....
Tag this Judgment!Court : Karnataka
Reported in : [1994(68)FLR881]; ILR1994KAR230; 1994(1)KarLJ304
..... the main suit.' according the learned munsiff legal bar contemplated by order vii rules 11 (d) cpc is a bar referred to in such legal provisions like section 80 cpc or the law of limitation. 3. the above view assumes that order vii rule 11 cpc is exhaustive of the circumstances in which a plaint has ..... from service was void and as such he continued in service. suit was held as maintainable, in spite of the availability of the provisions of the industrial dispute act. this decision is clearly distinguishable, because, employee was seeking enforcement of his service conditions under a statutory corporation. it is unnecessary to express any opinion as to ..... suspending the plaintiff with mala fide intention and motivated and hence it is null and void and illegal and consequently for a permanent injunction restraining the bank from acting upon the said resolution. (b) for a declaration that the discipline enquiry now pending against the plaintiff on charge of bigamy or refusal to acknowledge to .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR283
..... 1) of the control order; if the additional price is not fixed in the same year, payment of purchase tax on such additional price will be governed by section 12aa of the act. (e) if the petitioner pays to the cane grower, by way of consideration, any amount in excess of the minimum price, purchase tax shall be levied and ..... additional price. if the additional price is paid during a subsequent year, then the payment of the purchase tax on the additional price will be governed by section 12aa of the act. if an agreed price is paid by the sugar producer to the cane grower, there is no provision which enables the producer to contend that he is ..... fixation of fair price in relation to sugarcane, which, being a foodstuff is an essential commodity, has been taken over by the central government by virtue of section 16 of the essential commodities act, 1955; (ii) that merely because the amounts were paid by the petitioners pursuant to the directive of the director of sugar, they could not be called .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR2068; 1995(1)KarLJ219
..... to apply.22. in tribhuban parkash v. union of india, : [1970]2scr732 a question was related to granting of settlement of the claims under displaced persons (claims) act, 1950. the court considered the value of the preamble, when the provisions of law requires interpretation and noted that the preamble is a key to open the mind of the legislature ..... trade mark if the defendant pleads that the registration of the plaintiff's trade mark is invalid; or he raises a defence under clause (d) of sub-section (1) of section 30 and the plaintiff pleads the invalidity of the registration of the defendant's trade mark, the court trying the suit shall if any proceedings for rectification of ..... has delayed interfering until the defendant has built up a large trade in which he has notoriously used the mark. north british rubber company ltd. v. gormully and jafffery . v. army navy and civil service co operation society of south africa ltd. (1902) 19 r.p.c. 574, hayward bros, ltd. v. pekall (1909) 26 r.p.c. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR2759; 1994(3)KarLJ175; (1995)ILLJ351Kant
..... or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person. (i) who is subject to the air force act, 1950, or the army act, 1950, or the navy act, 1957; or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed ..... and the misconduct proved against her, the said court can go into the question of quantum of punishment imposed and interfere with the same under section 11-a of the act in case it was found that punishment imposed was excessive or in communicate with the misconduct alleged. the jurisdiction of this court under article 226 ..... which are merely spiritual or religious in nature. banking activity is certainly one of such systematic activities which provides services to the community at large. the fact that section 2-a(1) defines the term 'appropriate government' in relation to a banking company to be the central government also shows that banking activity is considered to be .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR3018; 1995(1)KarLJ15
..... any case totally disproportionate to the offence alleged to have been committed by him.41. the supreme court found that the procedural safeguards provided by section 130 of the army act had been violated and therefore the proceedings of the summary court-martial had been rendered infirm in law. as regards the allegations of bias against ..... view of the matter, sentence of one year's rigorous imprisonment for what could be said to be a petty act of misdemeanour was held to be wholly disproportionate. in the second case, an army man found carrying home 3 bottles of rum in excess of his entitlement, suffered punishment of three months rigorous imprisonment ..... plus dismissal from service. even this was found by the apex court to be disproportionate to the act of misconduct committed by the delinquent.46. the .....
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