Court : Karnataka
..... they question the vires of statutory legislations (except where the legislation which creates the particular tribunal is challenged) by overlooking the jurisdiction of the tribunal concerned. section 5(6) of the act is valid and constitutional and is to be interpreted in the manner we have indicated. (underlining supplied) 13. the appeal is accompanied by an application ..... to the extent they exclude the jurisdiction of the high courts and the supreme court under articles 226/227 and 32 of the constitution, are unconstitutional. section 28 of the act and the exclusion of jurisdiction clauses in all other legislations enacted under the aegis of articles 323-a and 323-b would, to the same ..... (prayer: these writ appeals are filed under section-4 of the karnataka high court act praying to set aside the order passed in writ petition no.9762-63/2012 dated 18/06/2012) vikramajit sen, c.j. 1. petitioner no.1, a serving major in the indian army, states that he had fallen in love with petitioner .....
Tag this Judgment!Court : Karnataka
..... with regard to the maintainability of the writ petitions. according to the learned senior counsel, the regulations were framed under section 192 of the army act. 25 the regulations clearly proclaim that they are "non-statutory" in nature. regulation 5 of the regulations defines the constituent parts of the ..... s indo-afghan agencies ltd. (supra)].. 31 17. admittedly, the regulations were framed under section 192 of the army act. thus, the regulations are a subordinate piece of legislation. regulation 5 of the regulations mentions different constituents of the army headquarters. the said provision also mentions the quartermaster general. he heads the quartermaster general branch ..... army headquarters; one such constituent part is the quartermaster general. his branch, called the quartermaster general's branch, deals with quartering .....
Tag this Judgment!Court : Karnataka
..... with regard to the maintainability of the writ petitions. according to the learned senior counsel, the regulations were framed under section 192 of the army act. the regulations clearly proclaim that they are "non-statutory" in nature. regulation 5 of the regulations defines the constituent parts of the ..... m/s indo-afghan agencies ltd. (supra)]. 17. admittedly, the regulations were framed under section 192 of the army act. thus, the regulations are a subordinate piece of legislation. regulation 5 of the regulations mentions different constituents of the army headquarters. the said provision also mentions the quartermaster general. he heads the quartermaster general branch ..... army headquarters; one such constituent part is the quartermaster general. his branch, called the quartermaster general's branch, deals with quartering of .....
Tag this Judgment!Court : Karnataka
..... court should not venture to compare writings itself, as it would thereby assume to itself the role of an expert is entirely without force. section 73 of the evidence act expressly enables the court to compare disputed writings with admitted or proved writings to ascertain whether writing is that of the person by whom it ..... .d4 to ex.d7, constitute state of things under which the plaintiff entered the picture between the salvation army and the defendants, besides affording an opportunity for explaining the actual transaction. section 7 of the indian evidence act is applicable in this context. 4037. dw4 and dw5 are the persons wrongly identified by the plaintiff. probably ..... two documents produced by the defendants in proof of their applying for permission under section 26 of the urban land (ceiling & regulation) act. they are the affidavits 58 filed by k.shubhacharita, the third defendant and captain g.lazarus, representing the salvation army . ex.d15 and ex.d16 are a notice dated 19.08.1980 .....
Tag this Judgment!Court : Karnataka
Reported in : 1996(1)KarLJ329; (1997)IIILLJ291Kant
..... be said to be carrying on an industry nor could the provisions of the industrial employment (standing orders) act, 1946, be said to be applicable to it. reliance was placed upon the provisions of section 13a in support of the argument that any question as to the application or interpretation of a standing order ..... , karnataka milk federation, karnataka state financial corporation etc., had increased the age of retirement from 55 years to 58 years. inasmuch as the respondent land army corporation had not similarly enhanced the age of superannuation, contended the petitioners, it had committed an illegality and brought about a hostile discrimination as between the employees ..... age of 58 years.2. learned counsel appearing for petitioners argued that even though the respondent - corporation has framed what are known as 'karnataka land army corporationservice rules', yet the said rules are inoperative as the same have not been approved by the government. they rely upon a resolution passed by the .....
Tag this Judgment!Court : Karnataka
..... be placed before the board, as the board of the corporation is the competent authority to take a decision on the report submitted by the lokayukta under section 12(3) of the act. on all these courts, the learned counsel would seek quashing of the impugned proceedings. 66. on the other hand, sri.pavan kumar, learned counsel ..... as the judgments relied upon by the learned counsel appearing for the third respondent is concerned, the judgment reported in ilr1996kar1407in the case of shankar vs. karnataka land army corporation ltd., this court has held as follows: 8. it was next argued by the learned counsel for petitioners that the resolution passed by the board of ..... the karnataka civil service regulations (for short k.c.s.r. ) and made them applicable to employees of the corporation. this court in shankar v. karnataka land army corporation limited [ilr1996kar 1407.]. has held that adopting k.c.s.r. is to supplement the existing rules so as to cover all situations as were not specifically .....
Tag this Judgment!Court : Karnataka
Reported in : [1981]127ITR130(KAR); [1981]127ITR130(Karn)
..... , however, was to r. 37a of the central civil services (pension) rules, 1972. this would not be correct as the petitioner was a commissioned officer in the indian army and was not governed by the central civil services (pension) rules or the civil pension (commutation) rules of the central govt. from the communication addressed by the controller of defence ..... in lieu of the entire pro rata pension was entitled to be excluded from the computation of the total income under the second part of s. 10(10a) of the act. the reliance was on the scheme as had been specified under r. 37a of the central civil services (pension) rules, 1972. in that petition also, the petitioner ..... respect of tax liability in regard to certain other receipts of the petitioner and property income, etc. the assessment was made under s. 143(1)(a) of the i.t. act, 1961, dated october 20, 1976 (ex. b). 3. the commissioner of income-tax, bangalore, however, sent a notice dated july 21, 1978, proposing to revise the assessment .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant205; AIR1960Mys205
..... 47-48 clearly shows that the was merely filing the award into court under the provisions of section 11(2) of the mysore arbitration act as directed by or on behalf of the arbitrator col. bush, who had been requested by the chief engineer, southern army, who was one of the parties to the arbitration, to cause the award to be ..... miscellaneous petition be granted.the effect of this, i take it, was that a decree so passed was put into execution and some properties were attached in execution 332 of 1950-51. in september 51, two applications came to be filed, viz. mis. no. 109 of 51-52 and 120 of 51-52. the former was presented by b. ..... him to file the same in court.he, therefore, prayed that the award may be filed in court after issue of notice to the parties viz. (1) chief engineer, southern army, poona, and (2) patel venkataswamappa and brothers, byappanahalli, hebbal p. o. bangalore. the order sheet shows that the first respondent, chief engineer, received notice, appeared through counsel .....
Tag this Judgment!Court : Karnataka Dharwad
..... or retrenchment has led to that dispute, but does not include any such person- (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of ..... page nos. i relevant provisions of the industrial 10-15 disputes act, 1947 - analysis ii relevant provisions of the road transport corporations act, 1950 16-17 analysis iii relevant regulations framed under section 45(2)(c) of the road transport 17-61 corporations act, 1950 - analysis iv orders passed in the respective writ 61-89 petitions ..... no.100878 of 2017 and connected matters ii. relevant provisions of the road transport corporations act:16. the corporation was established as a consequence of section 3 of the road transport corporations act, 1950 ( the rtc act ) and, by virtue of section 4, the corporation is a body corporate and the general superintendence, direction and management of .....
Tag this Judgment!Court : Karnataka Dharwad
..... or retrenchment has led to that dispute, but does not include any such person- (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of ..... page nos. i relevant provisions of the industrial 10-15 disputes act, 1947 - analysis ii relevant provisions of the road transport corporations act, 1950 16-17 analysis iii relevant regulations framed under section 45(2)(c) of the road transport 17-61 corporations act, 1950 - analysis iv orders passed in the respective writ 61-89 petitions ..... no.100878 of 2017 and connected matters ii. relevant provisions of the road transport corporations act:16. the corporation was established as a consequence of section 3 of the road transport corporations act, 1950 ( the rtc act ) and, by virtue of section 4, the corporation is a body corporate and the general superintendence, direction and management of .....
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