Court : Karnataka
..... amendment) act, 2003 article 268a was inserted for appropriation of the service tax levied by union and collected and appropriated by the union and ..... ), the apex court held as under:- it appears to us that under the central excise act as is stood at the relevant time, in order to be goods as specified in the entry the first condition was that ..... other valuable consideration; (e) a tax on the supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration; (f) a tax on the supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (whether or not intoxicating), where such supply or service, is for cash, deferred payment or ..... energy and which also need to be audited under kvat act-2003, for the years 2005-06 and onwards and therefore felt advisable to confer such jurisdiction on sri.a.k.chitaguppi, dcct, audit-42, dvo-4, bangalore and accordingly passed an order on 24.3.2007 conferring jurisdiction for the year 2005-06 onwards under sections 38 and 39 of the kvat act, 2003 assessment powers for the years 2004-05 and earlier years under sections 12 and 12(a) of the kst act, 1957 ..... issued to the customer for depositing the charges payable as per the tariff plan selected for enabling the customer to pay the same before ..... that is how chapter v of the finance act, 1994 refers to service tax and the law imposing tax .....
Tag this Judgment!Court : Karnataka Dharwad
..... 27 of 2011) as discriminatory, violative of constitutional rights, unconstitutional and strike down the same in its entirety; b) alternatively, to declare that hindus as a religious denomination within the meaning of article 26 of constitution of india and accordingly to declare that karnataka hindu religious institutions and charitable endowments (amendment) act 2011 (karnataka act 27 of 2011) and rules 2002, can have no application to hindus and their right to establish, manage and administer their own religious charitable institutions; c) to issue directions to the state government to enact a legislation on the lines of ..... notwithstanding anything contained in sub-section (8) of section 43, the state government may while passing orders under sub-section (7) or during currency of the notification issued under sub-section (5) or (7) thereof declare, for reasons to be recorded in writing, that in respect of any declared institution, the provisions of chapter vi and vii shall apply as if the institution is a notified institution under section 23: provided that no such declaration shall be made except after further notice is issued for the purpose, to the ..... (see: indian aluminium company vs. ..... government of andhra pradesh, (2004) 4 scc 661, it was found with reference to the above that the founding fathers of the constitution had chosen to provide religious rights in terms of articles 25 and 26 of the constitution of india ..... of andhra pradesh, (2004) 4 scc 661. ..... vaid, 2004(7) scc .....
Tag this Judgment!Court : Karnataka
..... bill has received the assent of the president, and the amendments are brought into force through an amendment act, can it be said that the intention of ..... r-1 at annexure-a as being ultra vires of the motor vehicles act, 1988 and violative of articles 14, 19(1)(g) and 301 of the constitution of india and etc.this writ petition is filed under articles 226 and 227 of the constitution of india praying to quash the karnataka on-demand transportation technology aggregators rules, 2016, produced as annexure-a.these writ petitions are filed under articles 226 and 227 of the constitution of india praying to strike down the ..... vehicle or vehicles to which the permit relates; (f) that the provisions of chapter x, xi and xii so far as they apply to the holder of the permit are observed ; and (g) that the name and address of the operator shall be painted or otherwise firmly affixed to every vehicle to which the permit relates on the exterior of the body of that vehicle on both sides thereof in a colour or colours vividly contrasting to the colour of the vehicle ..... to pick up or set down along the line of route passengers not included in the contract, and in every case where such special permit is granted, the regional transport authority shall assign to the vehicle, for display thereon, a special distinguishing mark in the form and manner specified by the central government and such special permit shall be valid in any other region or state without the countersignature of the ..... and another [ (2004 .....
Tag this Judgment!Court : Karnataka
..... of the constitution (seventy seventh amendment) act, 1995; the constitution (eighty first amendment) act, 2000; the constitution (eighty second amendment) act, 2000 and the constitution (eighty fifth amendment) act, 2001. ..... filed under articles 226 and 227 of the constitution of india, praying to issue a writ in the nature of mandamus take corrective action of the recruitments and appointments on the basis of the cid report pertaining to the selection for kas [probationers] for the year 1998, 1999 and 2004 as per earlier the recommendations of the k.k.mishra committee report and the final report was submitted on 09.04.2012, vide ann-e, and thereafter to take ..... the four advisers a majority of them preferably from outside the state of karnataka may have a few reputed academic administrators as retired vice-chancellors of central universities; retired professors of indian institutes of technology, retired professors of indian institutes of management, retired professors of indian institute of public administration, new delhi, retired professors of the national ..... they have initiated the exercise of ascertaining addresses of those 94 persons and the exercise of calling them and holding their interviews may be completed and the result thereof may be produced before this court within six weeks from today. ..... used for excise sub-inspectors ..... (3) reservation under article 16(4) being for any class of citizens and citizen having been defined in chapter ii of the constitution includes not only .....
Tag this Judgment!Court : Karnataka
..... the central act would prevail over the state act and that in case of repugnancy or inconsistency between them, the state act would be void and inoperative to the extent of repugnancy in view of article 254 of the constitution of india, till the state act is properly amended and the assent of the president of india is obtained. ..... , as per the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 and etc; these writ petitions are filed under articles 226 and 227 of the constitution of india praying to a] declare that the provisions of section 3[1] of chapter ii and provisions of sections 28 to 31 of the karnataka industrial areas development act 1966 [karnataka act no.18/1966] as unconstitutional being repugnant and inconsistent with the provisions of right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act 2013 as well as under article 254[2] of the constitution ..... , from 30.03.2004, the land in question vested in the state free from all encumbrances by operation of section 28(5) of the kiad act, whereas the land acquired under the said act vests only under section 16 thereof, which runs as under: "16. .....
Tag this Judgment!Court : Karnataka
..... with the coming into force of the constitution (forty-fourth amendment)act, which deleted article 19(1)(f) and (s) article 31 and insulted article 300-a, there is no right, much less a constitutional right, to compensation in market value of the land acquired. ..... to acquisitions under the state act, it is held that the karnataka act comes within the exceptions stated in the case of m.v.narasimhan, supra, for the reasons, (i) that there is no detail machinery whatsoever in the karnataka which is not a self- contained or complete code, (ii) that the karnataka act and the central act 1894 are supplemental to each other for unless the central act supplements the karnataka act, the latter act cannot function and (iii) that the two acts are in pari-materia dealing ..... it is also contended, that even if it is assumed that it is a case of legislation by incorporation - yet the provisions of the la act, 2013 are to be construed as being supplemental to the provisions of the kuda act, as the same are found to be in pari materia, as seen from a reading of the preamble and section 2(e) and (f) thereof. ..... chapter vi sections 43 and 47 provides for a detailed procedure for rehabilitation and resettlement which was not present in the earlier act. ..... a national policy on resettlement and rehabilitation for project affected families was formulated in 2003, which came into force with effect from february, 2004. ..... the same was said to have been challenged in a writ appeal in wa 1863/2004. .....
Tag this Judgment!Court : Karnataka
..... petition filed under articles 226 and 227 of the constitution of india praying to declare the part iv chapter ii rule 5 of bar council of india rules as unconstitutional, discriminatory, arbitrary and section 86 read with 34[2] lii] and section 49 of the karnataka state law university act 2009 is violative of articles 14 and 15 of the constitution of india and etc;) (prayer: this writ petition filed under articles 226 and 227 of the ..... coming to the conclusion that though under the relevant staiute of the university as amended, theoretically, it may be possible to appoint a doctor of philosophy or a doctor of science as the principal of a lavv' college, taking into account the requirements of the advocates act, the rules of the bar council of india and the main purpose of legal education, the court would be justified in holding ..... it seems parliament while enacting the act created agencies at the state level as well as at the central level in the form of state bar councils and bar council of india and invested them with rule making powers on diverse matters touching the legal profession, presumably ..... and is to be noted for the purposes of the case on hand: "the ugc act was enacted by parliament in exercise of its power under entry 66 of list i of the seventh schedule to the constitution of india whereas the open university aci was enacted by parliament in exercise of its power under entry 25 of list iii thereof the question of repugnancy of the provisions of the said two acts ..... 2004 .....
Tag this Judgment!Court : Karnataka
..... keeping in view the scope of section 17 of the karnataka state universities act, 2000, and the plenary powers that section 17 thereof conferred on the government, the appointment of the 6th respondent has been ordered after objectively considering every one of the germane aspects of the matter. 75 ..... plagiarism includes reproducing someone else's work, whether it be a published article, chapter of a book, a paper from a friend or some file, or whatever ..... the petitioners have alleged that they are not surprised that if the said amendment diluting the entire provision was brought into effect only to enable the 6th respondent to occupy the coveted post ..... autonomy has been conferred so that the central vigilance commissioner could act without fear or favour. 47. ..... in the present case apart from the pending criminal proceedings, as stated above, between the period 2000 and 2004 various notings of the dopt recommended disciplinary proceedings against shri. p.j. ..... the hpc has to look at the record and take into consideration whether the candidate would or would not be able to function as a central vigilance commissioner. ..... ) appointment to the post of the central vigilance commissioner must satisfy not only the eligibility criteria of the candidate but also the decision making process of the recommendation ..... , institutional integrity is the primary consideration which the hpc is required to consider while making recommendation under section 4 for appointment of the central vigilance commissioner. 42. .....
Tag this Judgment!Court : Karnataka
..... of sale was engrafted in explanation to clause (1) (a) of article 286, as it existed prior to the constitution (sixth amendment) act, which provided that the situs of sale would be where the ..... where the sharing operator, any approved contractor or any other third party requires access to any site for any reason, to require that such access is supervised by indus or its nominee; and 4.1.2 to use and grant access to any site, including any indus infrastructure, for the provision of such other services to any party or for such other purposes as indus may in its discretion decide to support ..... deciding whether a transaction falls within article 366(29a)(d) so as to constitute a deemed sale, the purpose of the 46th amendment, the mischief sought to be remedied and the object sought to be achieved ..... eliminate ambiguity the passive infrastructure elements include but are not strictly restricted to, the following elements (in the case of outdoor bts, shelter/room, power plant, battery and air conditioner are excluded) tower, shelter/room, battery sets, power plant, diesel generation set, servo stabilizers, static stabilizer, line conditioning equipment, air conditioners, ..... such operation and maintenance activities, the sharing operator shall have the right to replace, repair, add or otherwise modify the sharing operator equipment or any portion thereof and the frequencies ..... first time as per chapter v of the finance act, 1994. ..... high court act praying to set aside the order dated 11/04/2004 in wp. .....
Tag this Judgment!Court : Karnataka
..... of acceptance of such resignation was introduced in articles 101(3)(b) and 190(3)(b) by the constitution (thirty-third amendment) act, 1974. ..... cannot be materially affected merely for the reason that the number of votes polled by the candidate whose nomination paper was improperly accepted was greater than the margin of votes polled by the returned candidate and the candidate securing the next highest number of votes, because it could not be predicated in what manner or proportion the voters would have exercised their choice in the absence of the improperly nominated candidate ..... observed as under:(atpp.515-516 of air): but we are not prepared to hold that the mere fact that the votes are greater than the margin of votes between the returned candidate and the candidate securing the next highest number of votes must lead to the necessary inference that the result of the election has been materially affected. ..... the learned counsel submits that there is violation of instruction no.12 of chapter vi of the election manual in as much as the returning officer has not drawn up the list of the validly nominated candidates in form no.4 on the completion of the scrutiny of the nomination papers ..... as he has not entered into any contract with the central government either directly or indirectly, he is not disqualified under section 9a ..... was a member of parliament between 2004-2009. ..... submits that pw2 has admitted that he does not even know what is the trade or business of the respondent prior to 2004. .....
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