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State of Karnataka and ors. Vs. Ece Industries Limited

Court : Karnataka

Reported in : [2006]144STC605(Kar)

..... mentioned in each clause or sub-clause of article 286 of the constitution ; the principles for determining when a sale takes place in the course of inter-state trade or commerce laid down in section 3 of the central sales tax act would apply equally to transfer of property in goods involved in the execution of works contract.the facts in the aforesaid case were that the petitioner-firm was having its business at calcutta and it purchased materials in several ..... goods, at the time of their appropriation to the contract of sale or purchase by the seller or by the purchaser, whether the assent of the other party is prior or subsequent to such appropriation.clause (c) to explanation 3 of section 2(t) of the act provides that for the purpose of the act, the transfer of property in goods involved in the execution of works contract shall be deemed to have taken place in the state, if the goods are within the state at the time of such transfer, irrespective ..... bombay metal depot [1978] 41 stc 140, wherein the court has observed :(iv) that where the description of the goods is clear and such goods have been sent in conformity with such description and have also been accepted by the ..... commissioner of sales tax [1978] 42 stc 409 and in the case of ram singh & sons engineering works v. ..... 's case [1978] 42 stc 409, the supreme court was primarily concerned with the issue namely, when does the contract is said to be complete in a case of fabrication and fixing of rolling shutters to a premises. .....

Smt. Savithramma and ors. Vs. the State of Karnataka and ors.

Court : Karnataka

..... under the provisions of the bangalore development authority act, 1976, (hereinafter referred to as "the bda act') in terms of preliminary notification issued under section 17 (1) and (3) of the bda act, dated 29.05.1978, copy at annexure-a to the petition and final notification tinder section 19 (1) of the bda act, dated 28.04.1985, copy at annexure-b to ..... " but also for making efforts, to get the land legally released from the purview of acquisition proceedings by the government issuing the enabling notification under the provisions of section 48 of the act.it is in this background the present writ petitions on the premise that while such were the developments, nevertheless, the officials of the 2nd respondent bda have caused interference affecting the interest ..... to whether the subject land and the surrounding lands as indicated in the sketch have been taken possession of by the bda and as to whether a notification had been issued under section 16(2) of the act for such purpose and such information was elicited in the wake of the request representation submitted by sri ramalinga reddy, a former minister, to the governor of the state and enclosing a copy of such ..... but, more importantly, the petitions are woefully hit by delay and laches vis-a-vis the prayer sought for based on section 27 of the act that the scheme lapsed if it is not substantially implemented within a period of five years from the date of publication of a declaration by the state government that the subject land .....

Palladium Constructions Private Ltd. Vs. Thoh Inamdar Shankarappa Son ...

Court : Karnataka

..... and not by this court in a petition under article 227 of the constitution of india, particularly the factual details such as what all lands in what survey numbers state government under the provisions of the land acquisition act, 1894, what actual extent of land had been acquired upto what extent and as to in what manner such land was dealt with or allotted by the 12th respondent - state government or even by the erstwhile city ..... to seek intervention of this court in writ jurisdiction for the reason that the assistant commissioner has assumed jurisdiction though he has none, as show cause notice does not recite anywhere as to how the provisions of the act are attracted to a particular situation or transaction, more so in the wake of the undisputed factual position that the subject lands were subject matter of acquisition proceedings by the state government in the year 1964-65 for the ..... [copy at annexure-a) purporting to be in form no.2 as per rule 3[3] of the karnataka scheduled caste & scheduled tribe [prohibition of transfer of certain lands] act, 1978 [for short 'the act] [as submitted by sri. ..... as to whether ultimately the provisions of the act are applicable and the sale transaction is one which gets invalidated or ..... a company incorporated under the companies act, 1956 and whose former office bearers have been impleaded as respondent nos.9, 10 and 11 and the writ petitioners having purchased the subject land from the company as per sale transaction at annexure-b of die .....

Sri. Boppanda N. Kushalappa Vs. Sri. Baleyada K. Cheramanna

Court : Karnataka

..... judge or civil judge, within such local limits and subject to such pecuniary and other limitations as may be specified in such notification, with all or any of the powers of a district judge under the indian succession act, 1925 (central act 39 of 1925) (2) any senior civil judge or civil judge invested with powers under sub-section (1) shall have concurrent jurisdiction with the district judge in the exercise of the powers conferred by the said ..... , are ultra vires the constitution of india.2) to consider if the notification bearing no.gob46078 issued by our hon ble high court, published in the gazette on 29-03-1979, clothes the powers of a district judge under the indian succession act, 1925, upon senior civil judges or civil judges in the state of karnataka, in respect of issuance of probates and letters of administration, in view of the divergent views expressed in the decisions of co-ordinate benches of our hon ble high ..... sub-sections (2) and (3) of section 23-a of the karnataka civil courts act, 1964 [inserted vide karnataka civil courts {second amendment) act, 1978 (karnataka act no.3 ilr2008kar46124 rfa no.1324/2012 decided on 13.12.2012. 5 w.p. ..... declare sub-sections (2) and (3) of section 23- a of the karnataka civil courts act, 1964 [inserted vide karnataka civil courts (second amendment) act, 1978 (karnataka act no.28/1978 with effect from 1/2/1979)]. ..... amendment incorporating section 23-a in the civil courts act had received the accent of the president on november 22, 1978. .....

Oriental Fire and General Insurance Co. Ltd. Vs. B. Parvathamma and or ...

Court : Karnataka

Reported in : [1984]56CompCas441(Kar)

..... air1979kant93 ) : 'from the exception contained in the second part of the second proviso to section 95(1) (b), it follows that passengers mentioned in that part are excluded from the coverage of compulsory insurance contemplated in chapter viii of the act, but enacting a further exception in the first part of the proviso to the exception contained in the second part thereof, the legislature imposes a duty on the insured to take out a policy of compulsory insurance in respect of ..... , their lordships observed that the first of the principles which govern through the misdemeanour or negligence of an employee, is that the employer is not liable for the act of the servant if the cause of the loss or damages arose without the actual fault or neglect of his agents or servants in the course of their employment. ..... is force in the submission so made and we accept it, as otherwise as stated above, the very distinction between a goods vehicle and a public service vehicle would be obliterated, though the motor vehicles act speaks of the different types of vehicles and permits and enables the insurer to introduce conditions in the policy in that behalf. ..... : [1977]3scr372 , consisted of two judges, whereas the bench in state bank of india's case, : [1978]3scr1009 , consisted of three judges. ..... : [1977]3scr372 , was delivered on march 25, 1977, whereas the judgment in state bank of india's case, : [1978]3scr1009 , was delivered on may 5, 1978, much later. ..... shyama devi, : [1978]3scr1009 of the judgment, .....

Vignyan Industries Limited Vs. State of Karnataka

Court : Karnataka

Reported in : [1994]92STC270(Kar)

..... answer the questions arising in the case as follows : (1) that, on the facts and in the circumstances of the case, the assessing authority was not justified in invoking his jurisdiction under section 25a of the act; (2) that the circular instructions dated june 28, 1976 and july 5, 1976, exempting part of the turnover in respect of goods manufactured out of tax-paid iron scrap cannot he said to have become null and ..... it is held that a rule made by the governor in exercise of the power conferred on him under section 19 of the madras general sales tax act having been substituted by a new rule, the old rule ceases to exist and it does not automatically get revived when the new rule is held to ..... that, the power of the state to exempt a class of goods from taxation under the circulars being traceable only to section 8a of the act, the assessing authority, who had before him both the circulars on the date of the assessment orders, had taken a valid decision to exempt the turnover in accordance with the ..... where the question referred to the full bench was whether a notification issued by the state government in exercise of the power conferred by section 8a of the act is impliedly repealed or rendered ineffective when the legislature amends the act and introduces an entry in the schedule to the act, which relates to the class of goods to which exemption is given by the notification. ..... explanation under act 13 of 1982 was also to grant exemption in respect of the said products prior to 1978. .....

Ashok Vs. Tawanappa Siddappa Jakkannavara

Court : Karnataka

Reported in : ILR1989KAR123; 1988(3)KarLJ562

..... principles, it was argued by the learned counsel for the respondents that, the validity of the list of members of the panchayats caused by the publication under section 5(9) of the act cannot be gone into by the munsiff under rule 10 of the election rules, the said publication being anterior to the commencement of the election process to elect the pradhana and upapradhana ..... decided is whether declaration of the result of an election to the office of pradhana or upapradhana can be set aside in a writ petition, without the aggrieved party resorting to an election petition as provided by the act and the relevant rules called 'the karnataka mandal panchayats (election of pradhana and upapradhana) rules, 1987' (for short as 'election rules').3. ..... that if the nomination under section 5(3) was invalid, the case would fall under the clause 'non-compliance with the provisions of the act or of any of the election rules' arid the votes cast by such nominated members will have to be treated as having 'improperly ..... (3) until the contrary is proved, every meeting of a mandal panchayat or of a committee of a mandal panchayat constituted under this act in respect of proceedings whereof a minute has been made and signed in accordance with this act, shall be deemed to have been duly convened and held and all the members of the meeting shall be deemed to have been duly qualified, and where the proceedings are the proceedings of ..... new delhi and ors : [1978]2scr272 . ..... : [1978]1scr193 . ..... ors : [1978]1scr208 . .....

C.S. Gurushanthappa Vs. State of Karnataka and Others

Court : Karnataka

Reported in : 2000(3)KarLJ37

..... not chosen to disapprove the suggestion of deputy commissioner (land acquisition) not to pursue the review petition and in view of orders dated 8-9-1988 and 16-5-1991 and sale deed 17-6-1991, petitioner apprehended that acts of omission and commission of the respondents 1 and 2, may result in total deprivation of the rights of the petitioner to scheduled sites which had been allotted to the petitioner on the land in question ..... 1616 of 1992, is that notification issued under section 4 of the land acquisition act, dated 3-1-1977 and final notification dated 2-8-1978 published in gazette dated 31st august, 1978, cannot be deemed to have been quashed, instead it stands intact and operative, ..... not being under any provisions of land acquisition act with reference to land acquisition proceedings, cannot have the effect of nullifying the acquisition proceedings relating to that.in my opinion this order by itself is ineffective, and it cannot be taken to be effecting in any manner the acquisition proceedings initiated vide notification dated 3-1-1977 and in respect of which final notification has been published on 2-8-1978, the orders annexure-e and f being ineffective ..... taking the view that the entire acquisition proceedings were wholly without jurisdiction, since bda had not complied with the mandatory requirements of section 17(5) of bda act read with sections 5 and 9 of the land acquisition act.it may be mentioned here that when the decision was given in the above writ petition no. .....

Oriental Fire and General Insurance Company Ltd. Vs. B. Parvathamma an ...

Court : Karnataka

Reported in : I(1985)ACC111; AIR1986Kant63; ILR1984KAR492

..... will indemnify the insured against his legal liability other than liability under statute (except the fatal accidents act, 1855) in respect of death of or bodily injury to : -1) any employee of the within named insured who is not a workman within the meaning of the workmen's compensation act, 1923 and subsequent amendments to that act prior to the date of this endorsement and not being carried for hire or reward.2) any ..... of the principles which govern the vicarious liability of an employer for the loss caused to a customer through the misdemeanour or negligence of an employee, is that the employer is not liable for the act of the servant if the cause of the loss or damages arose without the actual fault or neglect of his agents or servants in the course of their employment. ..... the observation of the supreme court in pushpabai's case, made in para 14 of the judgment which reads :'this decision has extended the scope of acting in the course of employment to include an illegal act of asking for and receiving a premium though the receiving of the premium was not authorised. ..... the learned counsel for the owner of the tanker argued that since the driver was not authorised under the rules to take any passengers and such an act of the driver becomes an offence, the owner is not liable vicariously to pay the compensation.8. ..... case : [1977]3scr372 was delivered on 25-31977.whereas the judgment in the state bank of india case : [1978]3scr1009 was delivered on 5-5-1978 much later. ..... [1978]3scr1009 .....

Deputy Commissioner Vs. Vali Ahmed Sheriff

Court : Karnataka

Reported in : ILR1991KAR2394; 1991(2)KarLJ135

..... learned advocate appearing for the appellant submitted as follows:- the cost of acquisition which should constitute the basis for determining the compensation payable to the owner of the vehicle under section 6 of the act read with schedule to the act was the aggregate of the price charged by the manufacturer for the chassis and the amount spent for the body building originally. ..... view of this clear position we answer the first question as follows:'the cost of acquisition of a contract carriage acquired by the state under the act for the purpose of determining compensation payable under the act is the price charged for the chassis by the manufacturer and the cost of body building immediately after purchase of the chassis.'11. ..... further, as stated earlier as far as the cost of acquisition is concerned in terms of the schedule to the act, the value of the chassis as on the date of purchase as charged by the manufacturer should alone be taken as the basis, and secondly, the cost of body building for the first time atone has to be taken into ..... now by the harmonious and reasonable rules of construction as also to save the act from being violative of article 31(2) of the constitution, we proceed to discuss and accept in a large measure the interpretation put and canvassed by ..... the brief facts of the case are these: the act was enacted by the state legislature providing for acquisition of contract carriages in the state and for matters incidental, ancillary or subsidiary ..... : [1978]1scr641 .....