Court : Karnataka Dharwad
..... within thirty days from the date of communication of the order appeal. (a) to the karnataka appellate tribunal constituted under the karnataka appellate tribunal act, 1976 (karnataka act 10 of 1976), where the prescribed authority is the commissioner; (b) to the commissioner, if the order passed is of the deputy commissioner; ..... 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 ..... 72157/2012 and wp 80796-80822/2013 and wp 65648/2011:- a) to declare that the karnataka hindu religious institutions and charitable endowments (amendment) act 2011 (karnataka act no. 27 of 2011) as discriminatory, violative of constitutional rights, unconstitutional and strike down the same in its entirety; b) alternatively, to .....
Tag this Judgment!Court : Karnataka Dharwad
..... commencement of said rules. ? 3. cancellation of sanction of additional increment and extinguishment of claims, if any.- (1) notwithstanding anything contained in the karnataka education act, 1983 (karnataka act 1 of 1995), any order of the state government or rules governing the conditions of employees of any private aided educational institution or any other law governing the ..... prithvi cotton mills limited vs. broach borough municipality and others viii) air 1971 sc 57 janapada sabha chhindwara, state of madhya pradesh vs. central provinces syndicate limited, amalgamated coal fields limited. ix) air 1987 sc 411 state of mysore vs. b.basavalingappa x) air 1973 sc 1088 purushottam lal and others vs. union of india (uoi) ..... can be used as a tool in aid of interpretation, came to be considered by the hon'ble apex court in the case of burakar coal limited vs union of india reported in air 1961 sc 954 and held: it is one of the cardinal principles of construction that where the language of an .....
Tag this Judgment!Court : Karnataka Dharwad
..... eyewitness. recovery mahazaar / ex.p.34 is proved by the evidence of the investigating officer with the tending support of section 114(e) of evidence act. accused nos.1 to 4 having been unmistakably identified by pw.3. in the said circumstance, onus of explaining the incriminating circumstances had tilted to the ..... the taluka magistrate for identification parade. he handed over further investigation to police inspector / mahanteshwara who on obtaining sanction from district commissioner for prosecution under arms act and submitted charge sheet to the court. during cross-examination, he admits that while producing the accused the face of the accused were not masked. 25 ..... the statements of the witnesses are recorded. on completion of the investigation and after getting sanction to prosecute the accused under the provisions of the arms act, the investigating officer filed charge sheet against accused nos.1 to 8 by showing accused nos.5 to 8 as absconding accused. 6. learned magistrate committed .....
Tag this Judgment!Court : Karnataka Dharwad
..... 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 ..... wp84805 868/2011, wp721572012 and wp8079680822/2013 and wp656482011:- 48 a) to declare that the karnataka hindu religious institutions and charitable endowments (amendment) act 2011 (karnataka act no.27 of 2011) as discriminatory, violative of constitutional rights, unconstitutional and strike down the same in its entirety; b) alternatively, to ..... under articles 226 and 227 of the constitution of india praying to declare that the karnataka hindu religious institutions and charitable endowments (amendment) act, 2011 (karnataka act no.27 of 2011) as discriminatory, violative of constitutional rights, unconstitutional and strike down the same in its entirety and etc; 28 .....
Tag this Judgment!Court : Karnataka Dharwad
..... to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused. :68. : the above observations in fact would militate against the case of the prosecution. similarly, reliance is placed ..... evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. (see: hanumant govind nargundkar vs. state of madhya pradesh, air1952sc343 sharad birdhichand sarda vs. state of maharashtra, (1984) ..... evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. (see: geejagandha somaiah vs. state of karnataka, air2007sc1355 therefore, on the basis of the last seen theory or .....
Tag this Judgment!Court : Karnataka Dharwad
..... to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused. :68. : the above observations in fact would militate against the case of the prosecution. similarly, reliance is placed ..... evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. (see: hanumant govind nargundkar vs. state of madhya pradesh, air1952sc343 sharad birdhichand sarda vs. state of maharashtra, (1984) ..... evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. (see: geejagandha somaiah vs. state of karnataka, air2007sc1355 therefore, on the basis of the last seen theory or .....
Tag this Judgment!Court : Karnataka Dharwad
..... or even writ jurisdiction under article 226 of the constitution. assessing authorities exercising the statutory powers of imposing penalties would therefore do well to act fairly and objectively and let not their exuberance in collection of taxes overtake their onerous obligation of discharging their statutory powers along judicial lines ..... - - - - - - in strp no.1005/2013 between: shree renuka sugars ltd., a company incorporated under the companies act, 1956, having its registered office at bc105 havelock road, camp, belgaum-590001. represented by its officer-legal, mr. sanjeev s/o prahlad kulkarni. ...petitioner (by shri. sangram ..... , (recovery)-i, belgaum. ...respondent (by shri. c.s.patil, government advocate) -:2. :- this strp is filed under section 23(1) fo the karnataka sales tax act, 1957, praying to set aside the order dated 10.10.2012 passed by the karnataka appellate tribunal, bangalore in sta no.2197/2011 by allowing this revision.-. - - - .....
Tag this Judgment!Court : Karnataka Dharwad
..... prithvi cotton mills limited vs. broach borough municipality and others viii) air1971sc57janapada sabha chhindwara, state of madhya pradesh vs. central provinces syndicate limited, amalgamated coal fields limited. ix) air1987sc411state of mysore vs. b.basavalingappa x) air1973sc1088purushottam lal and others vs. union of india (uoi) and another. xi) air19692 ..... of sanction of additional and extinguishment of claims, if any.- (1) increment :341. : notwithstanding anything contained in the karnataka education act, 1983 (karnataka act 1 of 1995), any order of the state government or rules governing the conditions of employees of any private aided educational institution or any ..... ) writ petitions are hereby allowed. (ii) the karnataka private aided educational institutions employees (regulation of pay, pension and other benefits) act, 2014 (karnataka act no.07/2014) is hereby struck down as ultravires of constitution of india as it is opposed to article 14 of constitution of india .....
Tag this Judgment!Court : Karnataka Dharwad
..... of the naturally grown grass cannot be compared with the subservient activities carried out in that case and that is specifically excluded from the definition of cultivation under 1961 act. therefore, the said decision is clearly distinguishable on facts.22. in suresh s.rao and others vs. land tribunal, belgaum and others, 2007 (5) kar. ..... banakar vs. the land tribunal, dharwar & others, ilr1979kar156 a division bench of this court held that the definition of land in section 2(18) of the act of 1961 includes land used for a purpose subservient to agriculture and the definition of the word cultivate would include improving agricultural produce and it is not necessary that ..... as farmer. the applicant has admitted this factor that, there is no clear mention about payment of rents. as per section 2(10) of karnataka land reforms act, the expression cultivation of land is defined as under: to cultivate , with its grammatical variations and cognate expression means to till or husband the land for the .....
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..... /-. in default of castes and payment of fine amount, the accused shall undergo scheduled tribes rigorous imprisonment for (prevention of further period of five years. atrocities) act, 1989.61. the ccl was also tried by the trial court for the alleged offence under section 3(2)(v) of the schedule caste and schedule tribes ..... . they ultimately formed an opinion that after comprehensive psychologist assessment, there is nothing to suggest that the above person is psychological incapable to perform the sexual act. this report makes it clear that, ccl is mentally able having physical capacity to commit the alleged offences and also ability to understand the consequences of offences ..... undergo life imprisonment and shall pay fine of rs.5,000/- for the offence punishable under section 3(2) (v) of sc/st (prevention of atrocities) act, 1989. in default of payment of fine amount, the accused shall undergo rigorous imprisonment for further period of five years.7. being aggrieved and dissatisfied by the .....
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