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Dattaprasad Dindayal Kalwar Vs. the Cantonment Board Camp

Court : Karnataka

Reported in : 1967CriLJ1235

..... 3 under section 195 of the cantonments act, 1924 to remove, five madi trees, one snap nut tree and one bori tree standing in the compound of his bungalow no. ..... require the owner, lessee or occupier of any such land, to lop or trim, in such manner as may be specified in the notice, all or any trees standing on such land or to remove any dead trees from such land.a plain reading of this section would indicate that the section confers two kinds of powers on & cantonment board ; (1) it has got the power under sub-section (1) to call upon the owner, lessee or occupier of any land to fell a tree within the specified time if the board thinks that the ..... felling of any tree of mature growth standing on private properties is necessary for any reason ; (2) it can either lop or trim any tree standing on the land of the government .....

Sukanya Shantha Vs. Union Of India

Court : Supreme Court of India

..... offenders act, 1959; section 22, bombay habitual offenders act, 1959; section 21, himachal pradesh habitual offenders act, 1969; section 23, jammu and kashmir habitual offenders (control and reform) act, 1956; section 18, karnataka habitual offenders act, 1961; section 18, kerala habitual offenders act, 1960; section 12, orissa restriction of habitual offenders act, 1952; section 14, rajasthan habitual offenders act, 1953 302 section 6, andhra pradesh habitual offenders act, 1962; section 6, goa, daman and diu habitual offenders act, 1976; section 6, gujarat habitual offenders act, 1959; section 6, bombay habitual offenders act, 1959; section 6, himachal pradesh habitual offenders act, 1969; section 9, jammu ..... criminal tribes enquiry committee report (1949-50), https://ia802807.us.archive.org/11/items/dli.csl.944/944.pdf, 6 183 section 6, criminal tribes (amendment) act 1923 https://164.100.163.187/repealedfileopen?.rfilename=a1923- 1.pdf 184 section 8, criminal tribes (amendment) act 1923 185 section 12, criminal tribes (amendment) act 1923 186 act no.06 of 1924 67 part xi province or to another province, he shall still be treated as a criminal tribe ..... india,226 while dealing with the prohibition of employment as manual scavengers and their rehabilitation act, 2013, the court directed the union government to take appropriate measures and issue directions, to all statutory bodies, including corporations, railways, cantonments, as well as agencies under its control, to ensure ..... . 196 195 john .....

Union Of India Vs. Rajeev Bansal

Court : Supreme Court of India

..... reads: explanation for the removal of doubts, it is hereby clarified that for the purposes of issuance of notice under section 148 as per time-limit specified in section 149 or sanction under section 151 of the income-tax act, under this sub-clause, the provisions of section 148, section 149 and section 151 of the income-tax act, page 45 of 112 part a directed the assessing officers to apply the provisions of the old regime for reassessment ..... 1st day of april, 2021, belongs to the assessee; or (iv) the assessing officer is satisfied, with the prior approval of principal commissioner or commissioner, that any books of account or documents, seized or requisitioned under section 132 or section 132a in case of any other person on or after the 1st day of april, 2021, pertains or pertain to, or any information contained therein, relate to, the assessee, the assessing officer shall be deemed to have ..... section 3(1) of tola extended the time limit for completion or compliance of actions under the specified act , which fell for completion or compliance during the period from 20 march 2020 and ..... the learned chief justice then was), in his concurring opinion observed that if a statutory authority has the power to perform any act that will prejudicially affect the subject, then although there are no two parties apart from the authority and the contest is between the authority proposing to do the act and 38 thomas cooley, the law of taxation (4th edn, 1924) 2116 39 kalawati devi harlalka v. .....

Chief Commissioner Of Central Goods And Service Tax Vs. M/s Safari Ret ...

Court : Supreme Court of India

..... filed a writ petition before the high court of orissa seeking a declaration that section 17(5)(d) of the cgst act and the corresponding provisions of the orissa goods and services act, 2017 do not apply to the construction of immovable property intended for letting ..... in the writ petitions, the petitioners contend that due to the restrictions imposed by section 17(5)(c) and section 17(5)(d) of the cgst act, they are unable to avail the credit on gst paid on goods and services used in the construction of factory premises, buildings etc against the gst received by them ..... used for activities relating to his obligations under corporate social responsibility referred to in section 135 of the companies act, 2013 (18 of 2013); (g) goods or services or both used for personal consumption; (h) goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples; and (i) any tax paid in accordance with the provisions of section 74 in respect of any period up to financial year 2023-24. ..... (a) he is in possession of a tax invoice or debit note issued by a supplier registered under this act, or such other tax paying documents as may be prescribed; (aa) the details of the invoice or debit note referred to in clause (a) has been furnished by the supplier in the statement of outward supplies and such details have been communicated to the recipient of such invoice or debit note in the manner specified under section 37; (b) he has received the goods or services or both; explanation. .....

Somling @ Some Vs. The State Through

Court : Karnataka Dharwad

..... learned trial court on hearing the arguments and evaluation of evidence found accused no.1 and 4 guilty of a committing the offence under section 302 r/w section 149 of ipc and sentenced them as stated herein above. ..... is necessary to observe that, such principles have evolved over the years and crystallized into settled principles of law , these are: i) section 134 of indian evidence act, 1872, enshrines the well-recognized maxim that evidence has to be weighed and not counted. ..... , the learned trial court framed the charge against the accused for the offences under section 120-b, 302 and 504 r/w section 149 of the ipc for which the accused no.1 and 4 pleaded not guilty and claimed to be tried. ..... a complaint came to be filed by the father of the deceased by name shankarappa at 00:30 hours on 20.09.2013 before the psi vijayapura rural police station, which was registered in crime no.236/2013 for the offences punishable under section 302, 504 r/w 34 of the ipc, and the criminal law was set in motion. ..... trial court has considered all these aspects and has come to the conclusion that, these accused nos.1 and 4 are guilty of committing the offence under section 302 r/w 34 of ipc. ..... , vijayapura, dated 28.03.2017 in s.c.no.73/2015, wherein accused no.1 has preferred criminal appeal no.200113/2017 independently and accused no.4 has preferred his own independent appeal in criminal appeal no.200133/2017 for finding them guilty of committing an offence under section 302 r/w section - 4 - nc:2024. .....

Kamanna @ Kama Vs. State Of Karnataka

Court : Karnataka Dharwad

..... learned trial court on hearing the arguments and evaluation of evidence found accused no.1 and 4 guilty of a committing the offence under section 302 r/w section 149 of ipc and sentenced them as stated herein above. ..... is necessary to observe that, such principles have evolved over the years and crystallized into settled principles of law , these are: i) section 134 of indian evidence act, 1872, enshrines the well-recognized maxim that evidence has to be weighed and not counted. ..... , the learned trial court framed the charge against the accused for the offences under section 120-b, 302 and 504 r/w section 149 of the ipc for which the accused no.1 and 4 pleaded not guilty and claimed to be tried. ..... a complaint came to be filed by the father of the deceased by name shankarappa at 00:30 hours on 20.09.2013 before the psi vijayapura rural police station, which was registered in crime no.236/2013 for the offences punishable under section 302, 504 r/w 34 of the ipc, and the criminal law was set in motion. ..... trial court has considered all these aspects and has come to the conclusion that, these accused nos.1 and 4 are guilty of committing the offence under section 302 r/w 34 of ipc. ..... , vijayapura, dated 28.03.2017 in s.c.no.73/2015, wherein accused no.1 has preferred criminal appeal no.200113/2017 independently and accused no.4 has preferred his own independent appeal in criminal appeal no.200133/2017 for finding them guilty of committing an offence under section 302 r/w section - 4 - nc:2024. .....

Dr Shanth A Thimmaiah Vs. The Government Of Karnataka

Court : Karnataka

..... it was submitted that karnataka state pollution control board is a body corporate in terms of sub- section (4) of section 3 of the water act and that article 311 would not apply to body corporates. ..... it was pointed that the grounds under section 6(1)(g) of the act was not made out against the petitioner and even otherwise without - 13 - compliance of natural justice, the order under section 6(2) of the act could not have been passed. ..... looking to the consequence of disqualification and removal provided in section 6, the purpose to be acted upon, the effect of operation of the provision on the member facing disqualification and looking to the gravity of ground which is contemplated to be abuse of position as a member, there is no escape from holding that the phrase and connotation a reasonable opportunity could include in its ambit, giving opportunity to the member personal hearing. ..... about constitution of the committee contrary to section 4(b) of the karnataka public procurement transparency act, 1999, it was stated that committee was constituted only in accordance of section 4(b) and not said committee, the government representatives and other members were present. ..... 5 - 2.1 by the aforementioned notification issued under section 6(1)(g) of the water (prevention and control of pollution) act, 1974, the petitioner, who was the chairman of the respondent no.5-board came to be disqualified as a member of the board and consequently dismissed from the position of the chairman. .....

M/s Patanjali Foods Limited Vs. Commissioner Of Central Excise And Ser ...

Court : Karnataka

..... it -7- is further contended that the revenue did not make a claim before the irp with regard to the excise duty demanded and having regard to section 32a of the ibc and the judgments of the hon ble supreme court passed in the cases of ghanshyam mishra v. ..... during the pendency of the appeal, an order dated 8.12.2017/15.12.2017 under section 7 of the insolvency and bankruptcy code, 20164 was passed by the national company law tribunal, mumbai bench5 in cp no.1371-1372/i&bp/nclt/mah/2017, whereunder the nclt ordered commencement of corporate insolvency resolution process6 against ruchi soya industries ..... poonacha) the present appeal is filed by the assessee under section 35g of the central excise act, 19441 challenging the final order no.21234/2023 dated 9.11.2003 passed in excise appeal no.25387/2013 by the customs, excise and service tax appellate tribunal, bangalore2. ..... case of ghanshyam misha10 was considering the following questions: 2 (i) as to whether any creditor including the central government, state government or any local authority is bound by the resolution plan once it is approved by an adjudicating authority under sub-section (1) of section 31 of the insolvency and bankruptcy code, 2016 (hereinafter referred to as the i&b code )?. .....

Mysore Lamp Works Limited Vs. S V Engineers And Contractors

Court : Karnataka

..... justice chillakur sumalatha4cav judgment (per: the hon'ble mr justice k.somashekar) mfa no.9429/2018 is filed by the appellant challenging the judgment and award rendered by the iv addl.city civil and sessions judge at mayo hall unit, bengaluru in a.s.no.15001/2005 dated 30.07.2018 wherein the suit filed under section 37 of the arbitration and conciliation act, 1996 came to be dismissed and consequently, award passed by the sole arbitrator in cmp no.76/2001 dated 14.10.2004 was confirmed.2. ..... we are therefore of opinion that whatever may be the position in the absence of a provision similar to section 19 of the act there can be no doubt that section 19 gives power to the court not to supersede the reference and so leave the arbitration agreement effective even when it set aside the award and thereupon it will depend upon the terms of the arbitration agreement whether arbitration proceedings can go on with respect to the same dispute or with respect to some other disputes arising under ..... therefore, an interlocutory application came to be filed by the petitioner s.v.engineers and contractors, represented by its proprietor sri santosh s.dhakad under section 11(3) and 4(p) and 6(a) and (b) of arbitration and conciliation act, 1996, to appoint an independent arbitrator as the sole arbitrator in place of general manager (administration). .....

Union Of India Vs. South Indian Sugar Mills Association Karnataka (sis ...

Court : Karnataka

..... purposes of its supply or distribution in such jute packaging material as may be specified in the order: provided that until such time as the standing advisory committee is constituted under section 4, the central government shall, before making any order under this sub-section, consider the matters specified in sub-section (2) of section 4, and any order so made shall cease to operate at the expiration of three months from the date on which the standing advisory committee makes its recommendations.-. ..... 5.4 it could be well countenanced, atleast as a prima facie view, the submission on behalf of the union of india when it was submitted that the decision arrived at under the act by invoking section 3 read with section 4 and the consequential issuance of notification specifying the commodity or the extent of commodity to be packed in the jute bags, is a policy decision. ..... 4.1 it was highlighted that section 4 of the jpm act deals with the constitution of standing advisory committee by the central government to give advice in the matter and while indicating its recommendations, the factors and - 11 - nc:2024. ..... the notifications are issued mechanically and without application of mind, it is contended that only 20% reservation for sugar is applied in blanket manner since 2013-14 and that it is contrary to section 3 of the jpm act.-. .....