Judgment Search Results Home > Cases Phrase: cheques act 1957 Court: karnataka Page 5 of about 38,479 results (0.073 seconds)

D. Cawasji and Co. Vs. State of Mysore by Its Chief Secretary Bangalor ...

Court : Karnataka

Reported in : AIR1969Kant23; AIR1969Mys23; ILR1968KAR492; (1969)1MysLJ461

..... referred to are land revenue, forest revenue and excise revenue.we think, the learned special government pleader is right in contending that the scope of the amended schedule to the education act, is wider than that of schedule 'a' to the health cess act, and that under the education act the levy of education cess is not confined to duties of excise only, but extends to items which are not duties of excise but still come within excise revenue. ..... first enacted in the year 1941 before the advent of the constitution, the charging provisions for the education cess, namely, section 9 and the schedule to the act were amended by the elementary education (amendment) act, 1955; that the protection under article 277 is not available to education cess, and that it is necessary to ascertain the nature and character of the shop rent to determine whether the state is competent to levy education cess on ..... briefly stated, the history of the impugned levy is as follows:education cess on the aforesaid items was sought to be levied under the mysore elementary education act, 1941 (hereinafter referred to as the 'education act,) which was enacted prior to the constitution by the then princely state of mysore to amend and consolidate the law relating to elementary education in mysore. ..... chamarbaugwala : [1957]1scr874 in which the validity of tax levied on the promoters of lotteries and prize competitions came up for considerations.90. .....

Hanuman Transport Co. Pvt. Ltd. Vs. R.T.A.

Court : Karnataka

Reported in : ILR1985KAR4124; 1986(1)KarLJ330

..... one of the relevant and valid considerations for opening a new route under section 47(3 of the act is as to whether the existing services on the route are adequate to meet the requirement of thetraveling ..... , and it is noticed that it is exercising the power to open the route under section 47(3) of the act keeping an eye on the applications filed for grant of temporary stage carriage permits. ..... of course, such an application cannot be considered if pursuant to thedetermination made under section 47(3) of the act, application/a for grant of stage carriage permit is/are either pending on that day or received on that day and there is no bar whatsoever to consider the ..... such a case, it is not always necessary to open a new route, as a direction can be issued to the existing operators under section 48(3) (xxi) of the act to cover that portion which is added to the proposed new route. ..... 1793/1985, there was no determination made under section 47(3) of the act : thereforethe application could not have been granted pursuant to the opening of the ..... the determinations made in respect of the other three routes under section 47(3) of the act, are also not in challenge as the same are challenged before the kstat under section 64a of the act, and those revision petitions are pending. ..... it is not possible to hold that merely because the application under section 62 of the act is filed prior to the determination made under section 47(3) of the act, it cannot be considered pursuant to such determination. .....

East India Transport Agency Vs. Oriental Insurance Co. Ltd. and anr.

Court : Karnataka

Reported in : [1998]94CompCas141(Kar)

..... than six months have been allowed to pass on and he had not paid the sums thereunder then the requirement of section 10 of the carriers act can be said to have been complied with and there is no necessity for the plaintiffs to have given the second time notice before filing the ..... the power under vakalath per se reveals that the plaintiff has appointed and retained his counsel named therein and authorises him to appear, act and plead for the party in the matter and to conduct and defend the same in all interlocutory or miscellaneous proceedings connected with the same or with any decree or ..... hemraj, air 1938 bom 223 ; 40 bom lr 125 where the learned chief justice dealing with section 25 of the provincial small cause courts act, observed : 'the object of section 25 is to enable the high court to see that there has been no miscarriage of justice, that ..... section 69 indicates the impact and effects of non-registration and it provides that no suit to enforce a right arising from a contract or conferred by this act shall be instituted in any court by or on behalf of any person suing as a partner in a firm against the firm or any person alleged to be or to have been a partner in the firm unless the firm is ..... in this view of the matter, the contentions raised on behalf of the petitioner that no notice has been served under section 10 of the carriers act is without any substance, particularly when the defendant did not raise the plea to the effect that no notice was served on it, nor did the .....

Vasantha C. Kerur and Others Vs. B. Basavaraj and Others

Court : Karnataka

..... does not recognize the distinction between an oral partition or partition by unregistered document which is not followed by partition by metes and bounds on the one hand and oral partition or partition by unregistered document which was acted upon by physical partition of the properties by metes and bounds and entries made in the public record about such physical partition by entering the names of sharers as individual owner/s in the concerned public record, ( ..... would like us to read amended section 6(1) as under- in a joint hindu family governed by mitakshara law, the daughter of a coparcener, who is born on and from the commencement of the hindu succession (amendment) act, 2005 shall become a coparcener in her own right in the same manner as the son and shall have the same rights in the coparcenary property as she would have had as a son and shall be subject ..... of the pious obligation under the hindu law, of such son, grandson or great-grandson to discharge any such debt: provided that in the case of any debt contracted before the commencement of the hindu succession (amendment) act, 2005*, nothing contained in this sub-section shall affect (a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or (b) any alienation made in respect ..... therefore, submitted that oral partition effected of coparcenary property even if effected in the year 1957, would not be saved and therefore section 6 must be held to be retrospective with effect .....

Hindustan Aeronautics Limited, Bangalore Vs. Muniswamy Reddy Deceased ...

Court : Karnataka

Reported in : AIR1993Kant77

..... amount of compensation'.in fact this decision goes directly against the contention of the learned counsel for the appellant because the supreme court has specifically pointed out that the concept of compensation under the act has two components, (i) market value, and (ii) solatium; and if so, if the interest statutorily provided as payable on the 'market value' then it has to be confined only to that component part of the compensation which is paid as market value ..... pradesh high court pointed out that possession need not be taken by the acquiring authority himself but the possession taken by the municipality earlier to the acquisition should be treated as the possession taken under the act, because acquisition proceedings were initiated to acquire the same land for the purpose for which possession was taken earlier. ..... but compensation and market value are distinct expressions and have been used as such in the acquisition act'.again at page 309 it was observed :'if market value and compensation were intended by the legislature to have the same meaning it is difficult to comprehend why the word 'compensation' in sections 28 and 34 and not 'market value' was ..... in such a case, it would not be unreasonable to hold that the date on which the claimant lost possession of the property by reason of a certain act on the part of the government which necessitated the initiation of the proceedings under the act should be taken as the relevant date for thepurpose of awarding interest under s. .....

The Management of BWSSB, Bangalore Vs. M. Mahadeva and Others

Court : Karnataka

..... the burden of proving it is on the workmen and holding that the non-obtaining of the registration by the principal employer and the license by the contractor under the contract labour (regulation and abolition) act, 1970 does not ipso facto entitle the workmen to claim the status of the direct employees of the principal employer, have not been brought to the notice of the labour court by the management. 30. ..... are thus of the firm view that in proceedings under article 226 of the constitution merely because contractor or the employer had violated any provision of the act or the rules, the court could not issue any mandamus for deeming the contract labour as having become the employees of the principal employer . ? ..... the common order, dated 16.4.2013 passed by the presiding officer, principal labour court, bangalore in i.d.no.21/2008 c/w i.d.nos.16/08 to 30/08, 33/0 to 36/08, 40 and 41/2008 allowing the petitions filed by the workmen invoking section 10 (4a) of the industrial disputes act, 1947 by directing their reinstatement but by denying the backwages, continuity of service and other consequential benefits. 2. ..... not brought to the notice of the labour court the order passed under the minimum wages act and in the writ petition arising therefrom and the order passed by this court thereon. ..... being aggrieved by the order bearing ref.no.lom-1/mwa/cr-24/2007 dated 30-7-2007 passed by the authority under the minimum wages act, 1948, may prefer a writ petition before this hon'ble court. ? 5. .....

Sogamall Peeraji Oswal Vs. Hirabai

Court : Karnataka

Reported in : ILR1985KAR3018

..... the debtors from indebtedness reads as :-'notwithstanding anything in any law for the time being in force or in any contract or instrument having force by virtue of any such law and save as otherwise expressly provided in this act, with effect from the date of commencement of this section -(a) every debt advanced before the commencement of this section including the amount of interest, if any, payable by the debtor to the creditor shall be deemed to ..... was obtained and put in execution.held, the decretal amount was a debt advanced within section 4 of the act and the judgment-debtor could claim the benefit of the act.it has been held in that case thus :'thus, while construing the provisions of the present act, it is necessary to bear in mind that the act should be so construed as to advance the remedy and to suppress the mischief and not try to indulge in ..... the judgment-debtor raised a contention that she was a debtor within the meaning of the karnataka debt relief act, 1976 (hereinafter referred to as the act of 76) and that the amount in question amounted to a debt within the meaning of the act of 1976 and therefore under section 4 of the act of 1976 the said debt stood discharged and that she was not liable to pay the amount in question and thus she ..... revision petitioners decree holders submitted that the present amount decreed would come within the ambit of section 8(d) of the act of 1976 which reads as 'any liability arising out of breach of trust or any tortuous liability'. .....

Mudakappa Veerappa WaddIn Vs. the Superintendent of Police, Karnataka ...

Court : Karnataka

Reported in : ILR2001KAR3071; 2001(5)KarLJ444

..... , of an acp; (c) in the presidency-town of bombay of a superintendent of police; (d) elsewhere, of a deputy superintendent of police; shall investigate any offence punishable under section 161, 165 or 165-a of the ipc or under section 5 of this act, without the order of a presidency magistrate or a magistrate of the first class, as the case may be, or make any arrest therefor without a warrant: provided that if a police officer not below the rank of an inspector of police is authorised by ..... the investigation, firstly relied on the decision in state of madhya pradesh v ram singh , and contended that the purpose and object of the act, procedural delays and technicalities of law could, not be permitted to defeat the object sought to be achieved. ..... in bajan lal's case, supra, while considering section 5-a and 5(1) of the act and the power of the investigation officer at para 134, it is clearly laid down that when the superintendent of police while granting permission to a non-designated police officer, he should ..... madhya pradesh, supra, it is clearly laid down that only on the ground of technicality it should not be permitted to defeat the object of the act and it is the overall public interest and the social object which is required to be kept in mind while interpreting the provisions of the act and decide the case thereunder. ..... social forests, dharwad under section 5(1)(e) read with 5(2) of the prevention of corruption act, 1947 and take up investigation and report compliance'.7. .....

Basappa and anr. Vs. Shobha and ors.

Court : Karnataka

Reported in : ILR2001KAR4704; 2001(6)KarLJ87

..... hence, proceeded for disposal under the legal services authorities act, 1987 (with rules 1996 and regulations 1997) in general and sections 20 and ..... as i have already stated, the provisions of the act can be applied only when both the parties agree and in such cases only an award ..... having seen the relevant provisions of the act, let me peep into the order made by the learned trial ..... sub-section (1) of section 20 of the act envisages that a case referred to under clause (i) of sub-section (5) of section 19 of the act, if the parties thereof agree or if any one of the parties thereof makes an application to the court for referring the case to the lok adalat for settlement and then, if the court is satisfied that there ..... proviso appended to sub-section (5) of section 19 of the act says that the lok adalat shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable ..... stated that the awards made by the lok adalat dated 23-11-1999 and 5-11-1999 are contrary to the provisions of the act and the rules framed thereunder.14. ..... sub-section (2) of section 21 of the act envisages that the award made by the lok adalat shall be final and binding on the parties to the dispute and no appeal shall lie to any court ..... the matter to the lok adalat for conciliation and settlement and members of the lok adalat proceed to dispose off the matter under the provisions of the legal services authorities act, 1987 (with rules 1996 and regulations 1997) ('the act' for short).9. .....

Himalaya Drug Co. Makali Vs. Ii Additional Labour Court, Bangalore

Court : Karnataka

Reported in : [1986(52)FLR704]; ILR1986KAR1553; (1986)IILLJ45Kant

..... the proceedings before the labour court, tribunal or national tribunal in relation to an industrial dispute after the death of a workman, this court adopting the schematic interpretation of the industrial disputes act upheld the plea of the workmen that it was permissible for the legal representatives to continue the proceedings before the conciliation officer and the government notwithstanding the death of the workman during the ..... workmen were dismissed from service of the petitioner without holding an enquiry obviously because the petitioner was of the view that it was not feasible to hold an enquiry into the serious acts of misconduct committed by the workmen and, therefore, it had preferred to prove the case against the workmen by adducing fresh evidence before the labour court. ..... into by the employees with their employer before the commencement of the payment of bonus (amendment) act, 1976, or (ii) where the employees enter into any agreement or settlement with their employer after such commencement, for payment of an annual bonus linked with production or productivity in lieu of bonus based on profits payable under this act, then, such employees shall be entitled to receive bonus due to them under such agreement ..... to an employer, being a company (other than a banking company) which has not made the arrangements prescribed under the income-tax act for the declaration and payment within india of the dividends payable out of its profits in accordance with the provisions of s. .....