Court : Karnataka
Reported in : ILR1998KAR1834; 1998(3)KarLJ581
..... officers to whom first appeals are to be filed against the original orders. any change of forum of appeal in section 49 of the act of 1964, could be made only by resorting to the amending power vested in the state and the same cannot be exercised by any indirect means, such as resorting to a limited enabling power of ..... , such adoptions and modifications of any law relating to matters enumerated in lists 2 and 3 of the vii schedule of the constitution, whether by way of repeal or amendment, as may be necessary or expedient. in the exercise of this power, the substitution extracted below has been incorporated. the order relied upon by the counsel for the ..... under section 6 of the mysore state (alteration of name) act of 1973. the revenue appellate tribunal found that against the order of the assistant director .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1984Kant153
..... government in respect of a claim to have an entry made in any record or register that is maintained under this chapter or to have any such entry omitted or amended: provided that if any person is aggrieved as to any right of which he is in possession, by an entry made in any record or register maintained under this ..... any person denying or interested to deny his title to such right, for a declaration of his right under chapter vi of the specific relief act, 1877 and the entry in the record or register shall be amended in accordance with any such declaration'.28.thus, it is clear that though, this court cannot give, a direction as such by way of ..... consequential relief to the revenue officers to amend entry, it is incumbent for the plaintiff to file, a suit for declaration of his right and take steps in accordance with section 135 of the karnataka land revenue act, 1964, if he so, desires. hence, the suit for declaration is maintainable.29. in the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR1896; 2002(4)KarLJ59
..... from the service or unless they are guilty of misconduct, negligence, inefficiency or other disqualifications and appropriate proceedings are taken as provided under the act and termination of service of a teacher so appointed would be nothing but punishment, since it affects their service condition, and secondly, the premature ..... any reason, petitioners are aggrieved by the said order, they have to necessarily approach the appropriate authorities as provided under the provisions of karnataka education act, 1983 for redressal of their grievances. they further state that the relationship of the petitioners and the first respondent-society and the school is ..... assistant teacher working in a school managed and controlled by the first respondent-vidyavardhaka sangha, a society registered under the provisions of the societies registration act. the society is running several educational institutions in and around bijapur district.4. the second respondent is the school run by the first respondent- .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR3053; [1993]199ITR588(KAR); [1993]199ITR588(Karn)
..... petitioners have sought the striking down of item no. 20 of the schedule to the karnataka tax on professions, trades, callings and employments act, 1976 ('the act' for short), as substituted by the karnataka amendment act no. 15 of 1989.2. for the sake of convenience, the facts in the first of these writ petitions are referred to wherever ..... it is not necessary to examine the contention based on article 304(b) of the constitution.40. for the reasons stated above, the amendment brought about by substituting entry no. 20 by the karnataka act 15 of 1989, is declared as unconstitutional, being violative of article 14 of the constitution of india.41. consequently, we make the ..... necessary.3. the act was enacted in the year 1976 to provide for the levy and collection of tax on professions, trades, callings and employment in the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR2771; (1995)IILLJ399Kant
..... of bonus put forward by the employees under the same.28. the constitutional validity of this amending act was successfully challenged by the employees of the lic in the supreme court. the supreme court while allowing the said petition directed the corporation to pay its ..... . the benefit flowing from the settlement was however sought to be terminated by the promulgation of the bonus ordinance 1975 later replaced by the payment of bonus amending act 1976 which was brought into force to extinguish the effect of the settlements arrived at between the management and the employees and to defeat the claims for payment ..... the addition of clauses 7(d) & 10(1) to chapter-v as already indicated above. consequently, by notification dated 27-3-1986 the recruitment and promotion regulations were amended to add clauses 9(d) & 10(f) to chapter-v thereof. by a separate order issued on the same date 109 posts of assistant engineers (elecl) were .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(3)KarLJ520
..... the lease. as no order was passed, writ petitions were filed in this court. meanwhile, the rules were amended. therefore, this court directed the appellants to file a application as per the amended rules and directed the respondents to consider the applications within a time frame. accordingly, applications were made. as the ..... be granted by the stategovernment in favour of any undertaking owned by the central government or state government after obtaining prior approval under the forest (conservation) act, 1980. rule 58 of the rules repeals the karnataka minor minerals concession rules, 1969. however, the repeal shall not affect the previous operations of ..... granting of any quarrying lease in the forest area except to state government or central government undertakings after obtaining prior approval under the forest (conservation) act. it is contended that the barring of the grant of lease to others other than state government or central government undertakings is discriminatory.11. in the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR2232; 1989(2)KarLJ499
..... during, the said period. it was also suggested in the course of the order that there is a lacuna in the act and that the government should consider amending the provisions of section 16(2) of the act in order to empower the district magistrates to suspend the licence without waiting for a conviction and to be exercised in cases ..... not covered by section 16(2) of the act.16. sri shahapur, learned government pleader tells me that nothing has been done by the government since 1980 to bring a suitable amendment to the act empowering the district magistrates to suspend the licence. in a case like this where the licence ..... holders exhibit obscene films continue to do so with impunity taking advantage of the lacuna in the act.17. sri shahapur has strongly relied upon clause 13 in .....
Tag this Judgment!Court : Karnataka
Reported in : 1993LC80(Karnataka); 1991(55)ELT295(Kar)
..... at the intermediate stage and used in the manufacture of different fabrics in the same factory. the appellants had also challenged the constitutional validity of section 51 of the finance act, 1982 and the amendment to rules 9 and 49 of the central excise rules with effect from 20-2-1982. 11. interpreting rules 9 and 49, both before ..... the proviso to s. 11a not being applicable in the present case. thus although s. 51, finance act, 1982 has given retrospective effect to the amendments of rules 9 and 49, yet it must be subject to the provision of s. 11a of the act. we are unable to accept the contention of the learned attorney general that as s. 51 has made ..... notification dated 20-2-1982 and also the validity of section 51 of the finance act, 1982, which gave retrospective effect to the amended rules, with effect from 28-2-1944 when the central excises and salt act, was enacted. this court upheld the validity of the rules and dismissed the writ petition by its order dated 3-3-1986. 3. after .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR2121; 1989(1)KarLJ294
..... state as the parliament may by law specify. it is common ground that after the zilla parishads and mandal panchayats were established under the act, by the representation of the people (amendment) act, 1987 (act 31 of 1987) zilla parishads and mandal panchayats have been specified as local authorities for the purposes of article 171(3)(a) of the ..... constitution. further, having regard to the language of article 171(3)(a) and section 27 of the 1950 act, the electorate for the purpose of ..... be elected in the manner and by the electorate as prescribed in the law concerned. after the commencement of the constitution many of those laws have been amended or replaced. these laws provide for election of members to constitute a local authority on the basis of adult suffrage. there were and there are and there .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR2402
..... narasimhaiah's case brooks no delay. in the interest of its finance the state has to take immediate steps to plug the loop-hole in the act by appropriate amendment to the act and the schedule, as otherwise it will continue to lose good part of its revenue.after the order is pronounced, it is submitted by the ..... forvehicles fitted with pneumatic tyres.motor vehicles plyingfor hire or reward used for transport of passengers in respect of whichcontract carriage permits have been issued under the motor vehicles act. 1939and permitted to carry more than six passengers excluding the driver, forevery passenger which the vehicle is permitted to carry.' rs. 180-0014. as per this ..... the question for consideration is when undisputedly the vehicles are registered as omni bus but used as contract carriage thereby attracting the provisions contained in section 8 of the act, whether the additional tax in conformity with the use of the vehicle, is liable to be paid.10. in m. narasimhaiah's case, ilr 1988 kar .....
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