Court : Karnataka
Reported in : 2003(1)KarLJ556
..... meeting with certain modifications as specified in para 12(2) of the petition. in this connection, it is submitted that in terms of sub-section (2) of section 391 of the companies act, 1956, approval of majority in number representing three-fourths in value of the creditors or class of creditors or members or class of members ..... the members and creditors of the company and annexed to the notice, the whole scheme as proposed by the sponsor and explanatory statement as required under section 393 of the act was also enclosed. the report submitted by the chairman gives a picture indicating what transpired at such meetings. after complying with the formalities, the ..... an approval of the resolutions passed in the board of director meeting. on presentation of such a petition, the court shall issue a notice under section 394-a of the act to the regional director, department of company affairs, chennai, who is the delegatee of the central government and take into consideration the representation made .....
Tag this Judgment!Court : Karnataka
Reported in : [2003(97)FLR462]; 2003(2)KarLJ192; (2003)IILLJ336Kant
..... other employees became the employees of the 2nd respondent-port trust. the 2nd respondent-port trust, in exercise of the power conferred on it under sections 28 and 134 of the major port trusts act, 1963, framed the regulations known as the new mangalore port trust (adaptation of rules) regulations, 1980. the said regulation came into force ..... far as payment of gratuity is concerned, were governed on the date of his retirement by the provisions of the gratuity act. in support of his submission, he relied upon section 2(e) of the gratuity act. he further submitted that this petition is also liable to be rejected on the ground of delay and laches on the ..... board, continue in force, as if they were made by the central government under the act, namely.- (i) matters specified under section 28 of the act; and (ii) matters specified in clause (b) and clauses (e) to (n) of section 123 of the act: provided that any amendment aforesaid to the existing rules and orders, not advantageous to an employee .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR2320; 2003(2)KarLJ186
Kumar Rajaratnam, J.1. This is an appeal filed by the State against the order passed by the learned Additional Civil Judge, Senior Division, in LAC No. 54 of 1997.2. The facts very briefly are.--The property in question related to 15 acres 25 guntas and 17 acres 26 guntas in Sy. Nos. 138 and 125 of Ramadurga Village, Devadurga Taluk of Raichur District. The preliminary notification is dated 4-2-1993. The purpose of acquisition was for the construction of balancing reservoir. The Land Acquisition Officer awarded a sum of Rs. 7,000/- per acre. The matter went before the Reference Court for enhancement of compensation. The learned Civil Judge granted Rs. 52,500/- per acre. This was done on the basis of Ex. P. 4, award made in LAC Nos. 151 to 159 of 1997.3. Aggrieved by the enhancement of the compensation, the State is before us.4. An affidavit has been filed by the claimant-respondent stating that the land was acquired by the State for construction of balancing reservoir. Vast land had be...
Tag this Judgment!Court : Karnataka
Reported in : 2003(1)ALD(Cri)951; 2003CriLJ1031
..... document may be read as substantive evidence. it is based on the rule of evidence that facts admitted need not be proved contained in section 58 of the evidence act. section 58 of the evidence act lays down that proof need not be given of facts which the parties or their agents, which of course include advocates, agree to ..... trial court's discretion should determine whether a particular admission is so plenary as to render the party's evidence wholly needless under the circumstances. section 58 of the evidence act just like section 294 of cr. p.c. relates to agreed statements of facts made between the parties to save time and expense at a trial. ..... not invariable and the court is empowered to examine depending upon the circumstances and expediency. this is also in consonance with the provisions of section 58 of the evidence act which provides as under :'section 58 : facts admitted need not be proved :-- no fact need be proved in any proceeding which the parties thereto or their agents .....
Tag this Judgment!Court : Karnataka
Reported in : II(2003)DMC288; 2003(3)KarLJ530
..... principal judge, family court at bangalore.2. under the impugned order, the learned family court judge has dismissed i.a. no. 12 filed by the mother under section 26 of the hindu marriage act ('the act', for short), seeking custody of the minor child. i.a. no. 14 filed by the father of the child for a similar relief has been allowed ..... aspects and it would be useful to extract the same as under.--'43. turning attention on the principal contention as regards the constitutionality of the legislation, in particular section 6 of the act of 1956, it is to be noted that the validity of a legislation is to be presumed and efforts should always be there on the part of the ..... and the husband in the case of the married girl. the court clarified that use of the words 'the father' and after him 'the mother' occurring in section 6(a) of the act does not necessarily mean that it is in that order and the mother becomes a guardian only after the father. the concept of gender equality was recognised and .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2004Kant89; 2004(2)KarLJ189
M. F. Saldanha, J. 1. We have heard the learned Advocates for the contesting parties as also the learned GA on merits. The appellants' learned advocate has seriously assailed the ground on which the learned single Judge has interfered with the order passed by the Tribunal and she points out that while it was quite true that a statement was made in the Form No. VII itself that the land owner was a lunatic, but this was no ground on which the documents which bear the signature of his wife who was a perfectly healthy person, would be discredited Mr. Sripathy, who represents the respondents submits that where there is an unequivocal admission that the land owner was a lunatic that no Court or Tribunal should have taken cognizance of any documents attributed to that person and that consequently the learned single Judge has held that once the document gets vitiated on this ground that the order Itself would have to go. In this regard what we need to take cognizance of is that this is not a c...
Tag this Judgment!Court : Karnataka
Reported in : (2003)180CTR(Kar)412; [2003]261ITR15(KAR); [2003]261ITR15(Karn)
..... birla cotton spinning and weaving mills : [1968]3scr251 , as also in an earlier decision in re: the delhi laws act, 1912, the ajmer-merwara (extension of laws) act, 1947 and the part c states (laws) act, 1950 : [1951]2scr747 , has laid down the principle that the legislature must retain in its own hands the essential legislative functions ..... this petition. 7. in some of the petitions, in addition to the challenge made to the constitutional validity of clause (vi) of sub-section (2) of section 17 of the act and rule 3 of the rules, the petitioners also have challenged the validity of the notification/order/memo issued by the management of the companies/ ..... a recognised provident fund or an approved superannuation fund, etc., by virtue of inclusive definition are made as 'perquisites'. however, sub-clause (vi) of the said section further provides, the value of any other 'fringe benefit' or 'amenity', which may be prescribed, also would come under the purview of 'perquisite'. the said provision .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR4732; 2004(3)KarLJ49
..... provided to a person, the court does not get jurisdiction to examine the relative merits of the case coming before it under both the provisions viz., section 5 and section 27 of the present act. it is not only the right to seek a remedy under a certain provision that should determine the course to be adopted by a court but ..... the ground of lack of application of relevant principles governing the issue and on the ground of want of proper consideration. but, because the provisions of the present act, especially section 5 were not in existence at the time the orders were passed and more still as there is no consideration of the material on record with reference to the ..... person, if such proceeding is initiated by or on behalf of a person claiming to be real owner thereof, prior to the coming into force of section 4(1) of the act. the amendment act prohibited the right to recover property held benami and barred any suit, claim or action to enforce any right in respect of any property held benami .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR1429; 2003(4)KarLJ43; (2003)IIILLJ450Kant
..... is whether the opinion handed down by the learned single judge is in accordance with the provisions of sub-section (3) read with sub-section (8) of section 19 of the act or not? sub-section (3) and sub-section (8) of section 19 of the act read as follows:- '19(3) every person who is a workman within the meaning of the industrial disputes ..... the liability to pay the gratuity with regard to such person is fastened on the corporation and not on the former/erstwhile employer. of course, sub-section (8) of section 19 of the act does not state in explicit terms that the liability to pay the gratuity is fastened on the corporation if a persons's absorption into service of the ..... . the predecessor of respondents 2(a) to 2(e), namely, late sri k. madhava was an employee of the 3rd respondent as contemplated under sub-section (3) of section 19 of the act and sri k. madhava was declared as employee of the appellant-corporation and as a result, late k. madhava reported for duty as an employee of the .....
Tag this Judgment!Court : Karnataka
Reported in : 2004(3)KarLJ271
..... the seat selection process and got selected. the said ranks had been assigned because of fraud and other irregularities committed by some of the personnel working in computer section of cet cell. if their actual performance in the examination is taken into consideration, they would not have been selected at all and even they had no chance ..... cet cell even though the said special officer and its officers are responsible for the mistake. that being so, the special officer who himself is responsible for the act, has conducted the inquiry thereby holding his action to be incorrect. such an action is clearly impermissible in the law.(v) the students have got themselves admitted ..... duties effectively as to exercise the powers. such powers or duties are inherent in the statute if they are essential to carry into effect the object of the act. otherwise, the purpose of the statute will be defeated.where one of the examinees is supplied with the rules relating to the examination and agreeing to those .....
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