Court : Karnataka
Decided on : Oct-19-1989
Reported in : (1995)IIILLJ769Kant
..... llj 17, held that during the pendency of an industrial dispute regarding the dismissal of workmen, the colliery having been nationalised and vested in the central government and thereafter in the 1st respondent-company, when section 17 of the coking coal mines nationalisation act provided for continuance of their service notwithstanding the transfer of private ownership to the central government or the government company, ..... on the question of misconduct of the workmen was based on no evidence and that the domestic enquiry was defective. thus the finding of the tribunal on the second preliminary issue (i.e., whether the domestic enquiry was regular) is clearly unsustainable'.the court in that appeal took the view that considering the designation of the workmen in question as meter ..... misconduct is established. the scope of powers trial could be exercised under section 11-a of the i.d. act has been exhaustively considered by the supreme court in the workmen of firestone tyre & rubber co. of india (p) ltd. v. the management and ors. 1973 (1) llj 278. an analysis of the provisions and the various other decisions rendered subsequent to the ..... the second respondent submitted, relying upon the decisions of the supreme court in delhi transport undertaking v. industrial tribunal and anr. 1965 (1) llj 458 and mysore state road transport corporation v. a krishna rao and anr. 1973 l.i.c. 96 that it is not liable to make payments to the workmen. according to him, when the second respondent took over .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-10-1989
Reported in : (1989)80CTR(Kar)15; ILR1990KAR404; [1989]180ITR585(KAR); [1989]180ITR585(Karn)
..... obligations are quasi-judicial; the orders it makes at every stage have tremendous impact on the rights and liabilities of parties... in short, settlement commissions are tribunals. the preliminary point fails.' 19. thus, the settlement commission is held to be a tribunal. that being the position, the petitioner is entitled to seek judicial review of the ..... for settlement of cases, was introduced into the act by the taxation laws (amendment) bill, 1973 (which later became the taxation laws (amendment) act, 1975). 16. the synopsis of the provisions incorporated in chapter xix-a of the act, as inserted by the taxation laws (amendment) bill, 1973 (which later became the taxation laws (amendment) act, 1975), is as below : any proceeding ..... opportunity to surrender and to have the matter settled through the settlement commission. the decision of the settlement commission is made final and conclusive by section 245-1 of the act. 18. even so, as regards the first question, it should be remembered that the power of judicial review of administrative action including those of courts and ..... the income-tax officer and sustained on appeal by the appellate assistant commissioner of income-tax, viz : rs.1972-73 2,77,4501973-74 1,32,2001974-75 1,27,7401975-76 1,47,340the income-tax officer has levied interest under the following sections. -----------------------------------------------------------------------assessment year interest under interest under interest undersection 139(8) section 215 .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-02-1989
Reported in : ILR1989KAR3432; 1990(1)KarLJ59
..... a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of chapter xiii.(2) no proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case ..... to the state police or the state government to have their say in the matter.24. in the light of the above discussion, i hold that the learned magistrate has acted improperly and illegally in referring the complaint of the first respondent to the superintendent of police, cbi, bangalore, for investigation and he could ..... considered that the only powers possessed bythe court are those expressly conferred by the criminal procedure code and that no inherent powers had survived the passing of that act.'their lordships have also observed towards the end of paragraph-24 at page 204 that the well-settled proposition laid down by the judicial committee of ..... code. he further submitted that the view taken by the learned magistrate renders nugatory the provisions of section 6 of the delhi special police establishment act, 1946 (for short 'the act') which bears the heading 'consent of state government to exercise of powers and jurisdiction' and reads that 'nothing contained in section 5 shall ..... orderramachandriah, j.1. this criminal petition filed under section 482 of the code of criminal procedure, 1973 (for short 'the code') is directed against the order dated 21-7-89 of the m.m.v. court, bangalore (for short 'the .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-08-1989
Reported in : ILR1989KAR39
..... application is found at page 117 of the government file bearing no. hud 11 cei 87. the application was filed on the ground that due to lot of competition and nationalisation of black and pink granite by the southern states including karnataka, the firm was running under loss; that the woodlands hotel at madras was also not making profits due to ..... land in excess of the ceiling limit under the sale deed dated 30-9-1987 to the 5th respondent. an order under section 20(1) of the act granting exemption from the purview of chapter iii of the act and further permitting him to sell the said vacant land is a condition precedent for execution of the sale deed in favour of respondent-5 ..... dilettante who litigates for a lark, is a spectre which haunts the legal literature, not the court room (prof. k.e. scott: 'standing in the supreme court: a functional analysis' (1973) 86),a major expressed reason for limiting standing rights is fear of a spate of actions brought by busybodies which will unduly extend the resources of the courts. no argument ..... record any finding on this point. however, the decision of mine is not final as it is subject to an appeal. further if the petitioners are successful in proving this point it is by itself sufficient to vitiate the impugned order. the arguments are also heard on this point. hence, i consider it necessary to record my finding on this point also .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-28-1989
Reported in : 1990(25)ECC72; 1990(47)ELT540(Kar); ILR1989KAR3302; 1989(2)KarLJ484
..... to exercise the powers of investigation and adjudication of cases that may be assigned to him. 16. in reply to the contention urged by the petitioners as to one other preliminary point, namely - that the search was mala-fide since it was carried out pursuant to a policy decision taken by the central government to raid all glass manufacturing units throughout ..... in its factory situated in bommasandra industrial estate, near bangalore. the petitioner is a licensee under the central excise act, ('the act'), for the manufacture of 'glass and glass products' falling under chapter 70 of the central excise and tariff act, 1985 ('the tariff act'). 2. there was a search in the premises of the factory and the registered office of the company, and ..... industries limited v. union of india and others). reliance is also placed on the decision of the supreme court in :- calcutta discount co. ltd. v. income tax officer, companies district i, cal. : [1961]41itr191(sc) . wherein, their lordship have expressed the view that the court can issue a writ to prevent unnecessary harassment in appropriate cases. 41. both the parties ..... . the last contention urged by the petitioners is that the proceedings of the adjudicating authority have to quashed on the ground of violation of principles of natural justice. 13. respondent-1 is represented by sri shivappa, learned standing counsel for central excise department, and respondents-2 and 3 are represented by shri h. b. datar, learned senior advocate, and separate .....
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