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Dr. S.C. Patil Vs. Karnataka University

Court : Karnataka

Reported in : ILR1990KAR3638; 1990(3)KarLJ108

..... of m.p. v. nivedita jain, : [1982]1scr759 . that was a case in which regulation ii of the regulations made under section 33 of the act prescribed the minimum qualifying marks for selection of candidates to medical colleges. the executive order of the government clearly relaxed this condition for scheduled caste and scheduled tribe ..... follow that such prescription of standards could ever have the statutory character or a binding force whatever.now we go on to section 33 of the act. this is an enabling provision where powers is conferred on the medical council to make regulations. it cannot begainsaid that these regulations are statutory in ..... graduate medical education in order to secure and maintain uniform standards to post graduate medical education throughout india. it has the power under section 33 of the act to make regulations. with regard to post graduate courses, regulations have been made for establishing post graduate teaching centre. the period prescribed by the medical .....

Bharatiya Veterinary Educational Society, Bangalore and ors. Etc. Etc. ...

Court : Karnataka

Reported in : AIR1988Kant293; ILR1987KAR3615

..... unfair. unreasonable or arbitrary.35. to the same effect is the observations of the majority in smt. maneka gandhi v. union of india, : [1978]2scr621 , which are quoted below, :'the expression personal liberty in art. 21 is of the widest amplitude and it covers a variety of rights which ..... themselves as pioneers in establishing a private veterinary college. to recapitulate, a society was formed and registered under the provisions of the karnataka societies registration act, called 'bharatiya veterinary educational society'. the society announced its capabilities through a book-let called 'prospectus and syllabus' with an attractive glazed cover ..... in karnataka imparting education in other .courses like arts, science, business -management, which have been affiliated to universities outside karnataka. therefore, it is an act of discrimination against the petitioner-college, not allowing a similar right to get affiliated to an outside university. (3) the fundamental right to impart education .....

Karnataka Film Chamber of Commerce Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1986KAR2183; (1987)ILLJ182Kant

..... industry. but the d.a. was linked to 470 cpi. therefore, a definite pattern is discernible in the fixation of minimum wages since the years 1978 to 1986. in 1978, the state government for reasons best known to it fixed the minimum wage by making it a consolidated wage i.e., inclusive of d.a. ..... successfully challenged by the petitioners. therefore, any interference on grounds which are not really substantial would be repugnant to the entire object of the purpose of the act and opposed to well settled principles of exercising the extraordinary jurisdiction under article 226 of the constitution. as observed by the supreme court in ministry of labour ..... mere technicalities. though the above decision of supreme court was rendered on the question relating to the composition of the advisory board under section 9 of the act, the circumstances under which the extraordinary jurisdiction under article 226 of the constitution could be exercised have been explained by the supreme court in the aforesaid .....

Mangalore Ganesh Beedi and Allied Beedi Factories Workers Association ...

Court : Karnataka

Reported in : 2003(5)KarLJ26; (2003)IIILLJ861Kant

..... from the employers and employees and appointing advisory committee is not proper and is in anyway contrary to section 5(1) of the act'.41. in k. sobhanachalam v. state of andhra pradesh, 1978 lab. i.c. (noc) 33 (ap), andhra pradesh high court held that unless the formula followed by the advisory board to ..... representatives and has also applied its mind while revising the minimum wages in beedi industry. this clearly shows that the procedures laid down under the minimum wages act has been strictly adhered to'.46. in addition, in the impugned notification (final notification) dated 24th october, 1996 it is stated thus:'accordingly, suggestions/objections ..... a consequence should be avoided by the court; in fixing the minimum wage, the government did not comply with the procedure prescribed under section 5 of the act; there was no consultation between government and the advisory board; comparative minimum wage structures existing in the states of madhya pradesh, uttar pradesh, west bengal, orissa .....

H.A. Jayaram Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1989KAR2277; 1989(2)KarLJ161

..... respondent-2 in appeals is under section 5 of the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (for short 'the act').3. briefly set out the facts of the cases are as follows:the petitioner purchased 2 acres of land situated in sy ..... or on information furnished in writing by any person or even suo moto after due enquiry by the competent authority under the act.the act may be described as the product of a restructure of property rights in a developing society against the setting of the egalitarian ..... when will the benefits reach the masses at this rate? year-wise statistics make painful reading:statementshowing writ petitions challenging orders passed under the act:year of filingno. ofwrit petitions filedno. ofwrit petitions disposed ofno. ofwrit petitions pending1980584584_198110001000_198213731373_198357657331984458427311985387297901986443233210198725715310419883811552261989 as on 4-7-198931065245inspite of legislative measures, the .....

Ganesh Vs. Syed Munned Ahamed and ors.

Court : Karnataka

Reported in : 2000ACJ1463

..... the common law rule. therefore, as noticed by me earlier, the question that would really arise for consideration is whether the statutory provision in the act and the rules framed thereunder, override the common law liability of joint tortfeasors, who have caused an accident on account of their composite negligence; and as ..... years later. where, however, the plaintiff's loss is the culmination of a progression, the individual stages of which are brought about by the separate acts of different defendants, each defendant is liable only for the extent to which he contributed to the final result; the second defendant (and subsequent defendants) ..... particular tortfeasor to suit his convenience or connivance. consequently, it has to be held that for adjudicating the claim for compensation under the provisions of the act, all claimants and all the tortfeasors including their insurers, have to be necessarily made parties before the claims tribunal for determination of their respective rights and .....

K.P. Narayanan Kutty Vs. The State Bank of India and Others

Court : Karnataka

..... under sub-section (6) of section 4, the gratuity of an employee, whose services have been terminated for any act, willful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damages or ..... fund account also, on attaining the age of superannuation. 35. as far as the payment of gratuity is concerned, under section 4 of the payment of gratuity act, 1972, gratuity is payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years on his superannuation. ..... to the forfeiture of gratuity and bank s contribution to provident fund. before any forfeiture of the said payments could be made, the procedure contemplated under the respective acts and rules must be complied with. rule 24 of the state bank of india employees provident fund rules reads as under:- if any member shall be dismissed from .....

Narayana Setty and ors. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : ILR2003KAR3206

..... so that this defect is removed. therefore, i do not find any substance in this contention.29. section 10 of the bangalore metropolitan region development authority act, 1985 categorically states notwithstanding anything contained in law for time being in force, except with the previous permission of the authority, no authority or person shall ..... in the enquiry. after the award is passed, being dissatisfied with the amount of compensation paid, he makes an application under section 18 of the act requesting the land acquisition officer to make a reference to the civil court for award of higher compensation. therefore, it is clear that the first petitioner ..... before the land acquisition officer, including the petitioner, not being satisfied with the award of compensation have filed an application under section 18 of the act seeking reference to the civil court for enhancement of compensation. these facts are not in dispute.3. the brief background of these acquisition proceedings are relevant .....

B. Umesh Vs. Bangalore Development Authority

Court : Karnataka

Reported in : ILR1991KAR824

..... formation of what is known as 'rajmahal vilas ii stage'. the preliminary notification was issued on 3-1-1977, and the final notification was issued on 2-8-1978. pursuant to this, an award was passed and possession was taken in 1980 and 1982. the bda decided to construct 558 high income group houses in rajmahal vilas ..... . although the said section is not in terms applicable to the present acquisition proceedings, we are of the view that the above provision in the delhi development act contains a wholesome principle which should be followed by all development authorities throughout the country when they acquire large tracts of land for the purposes of land development ..... the exercise of such powers as are actually conferred by, or may reasonably be deduced from, the language of the statute. thus a company incorporated under the companies act is bound by the objects listed in its memorandum of association, for it is incorporated for the purposes set out in the memorandum. the company can make no .....

D. Ramesh Vs. Govt. of India and ors.

Court : Karnataka

Reported in : ILR1989KAR2694; 1989(2)KarLJ602

..... . 100/- p.m. he is entitled to ad hocaddition every month to foreign allowanceequal to 49.6% of the basic pay drawn byhim for the month of february, 1978. in theevent of his being promoted this ad hoc increasewill be calculated with reference to the basicpay drawn immediately on promotion. the rate ofexchange is rs. 100/- dmo. ..... period of three years in the case of gratuity regulations which are intended to benefit such employees when not entitled to payment of gratuity under the payment of gratuity act. gratuity is paid on the basis of every completed service of six months as contemplated in the gratuity regulations. therefore, it is earned on the completion of each ..... that the point has not been specifically raised by the petitioner and the amount of emoluments is a determining factor as to the applicability of the payment of gratuity act, that at the relevant point of time the salary of the petitioner along with allowances would be the relevant factor, that as no specific plea is raised .....