Court : Karnataka Dharwad
..... of income tax, c r building, navanagar, hubballi. & anr. vs. the totagars co-operative sale society, sirsi. by the provisions of the banking regulation act, 1949. only the primary agricultural credit societies with their limited work of providing credit facility to its members continued to be governed by the ambit and scope of ..... navanagar, hubballi. & anr. vs. the totagars co-operative sale society, sirsi. clauses (a) to (f) of sub-section (2) of section 80p of the act, are its business income earned from the co-operative activities like providing credit facilities to its members, running a cottage industry, marketing of agricultural produces, agricultural implements, seeds, ..... deduction in respect of profits retained for export business. the scope of section 80hhc is, therefore, different from the scope of section 80p of the act, which deals with deduction in respect of income of cooperative societies. even explanation (baa) to section 80hhc was added to restrict the deduction in respect .....
Tag this Judgment!Court : Karnataka Dharwad
..... for mr.anil kale, advocate for appellant. mr.rajashekar s. arani, advocate for respondent r2.1. the appellants have filed these appeals under section 173(1) of the motor vehicles act, challenging the judgment and award passed by the court of i addl. civil judge (sr.dn.) and m.a.c.t. no.2, dharwad (hereinafter referred to as the tribunal ..... owner of the vehicle, then from the said date of the service alone, it can be inferred that the insurance policy has stood cancelled.26. as such, by any unilateral act on the part of the insurance company without the support of any terms of the policy, it cannot be inferred that the policy had stood cancelled much before the date ..... and later he can recover the same from the owner of the vehicle.29. in the said case, with respect to sections 146, 147 and 149 of the motor vehicles act, 1988, the hon ble apex court was pleased to discuss the consequence of breach of condition of the insurance policy with respect to third party insurance and was pleased to .....
Tag this Judgment!Court : Karnataka Dharwad
..... government declared the petitioner mill as a relief undertaking vide annexure a order dated 07th april 1994 under the provisions of karnataka relief undertakings (special provisions) act, 1977 (karnataka act 24 of 1977). he, therefore, submitted that the impugned order is a non-speaking order and deserves to be set aside.4. on the other ..... has mechanically held that the reasons in the form of financial crunch is not sufficient reasons to waive the levy of damages under section 14b of the act. it has not even discussed the effect of the petitioner undertaking being declared as relief undertaking under the special statute, nor the details of the reasons ..... regional pf commnr.,belgaum2 the reasons assigned by the learned tribunal in the impugned order are quoted below for ready reference: 6. the applicability of the epf act is not disputed. also, the default in depositing the epf contribution is admitted. the only ground taken for default is financial problem and that the establishment became .....
Tag this Judgment!Court : Karnataka Dharwad
..... and cooked up evidence, which could not be established in accordance with the provisions of the indian evidence act, still the labour court gave a declaration and relief to the respondent-workman without any foundation for the same.19. the hon ble supreme court in the case of ..... officer of the company was to be treated as final as per clause (4) of the standing orders and the respondent-workman himself had accepted the same and had throughout acted upon the same, treating his date of birth as 27th august 1952, the change of thought, after the retirement notice was served upon him, was all self-serving ..... his date of birth as 27th august 1952 with effect from 01st september 2010 and the labour court allowed this claim under section 10(4-a) of the industrial disputes act, 1947 by the impugned order dated 21st february 2012 with the following observations: 11. the workman has contended that his date of birth has been shown in the .....
Tag this Judgment!Court : Karnataka Dharwad
..... be set aside. 4. learned counsel appearing for the respondent/ plaintiff submits that there is no illegality or infirmity in the impugned order, as section 26 of the specific relief act, 1963, permits to seek rectification of an instrument, and therefore, the trial court is justified in directing the defendants to rectify the survey number in the agreement of sale. 5 ..... of the plaintiff calls for interference by this court ? 6. my answer to the above point is in the negative for the following reasons: chapter-iii of the specific relief act, 1963 deals with regard to rectification of instruments in the event of fraud or mutual mistake of the parties mentioned therein. as per sub-section (2) of section 26, if .....
Tag this Judgment!Court : Karnataka Dharwad
..... accident and not subsequently renewed within the statutory period of thirty days would not fulfill the requirement of duly licensed under section 149(2)(a)(ii) of the act. the full bench also observed that, it cannot be said that validity of driving licence continues to exists unless it is shown that the licensee had been ..... of road traffic accident and was not renewed within the statutory period would fulfill the requirement of duly licensed under section 149(2)(a)(ii) of the motor vehicles act, 1988?. . the larger bench after referring to several cases of the hon ble supreme court including the judgment in the case of national insurance co.ltd., vs. ..... one year 13 days, during which period the driving licence was not got renewed, the alleged incident has occurred on 20.09.2001. since the same being an act of non-renewal of driving licence, it cannot be considered as a disqualification of the driver from holding or obtaining driving licence. the appellant has further contended that .....
Tag this Judgment!Court : Karnataka Dharwad
..... of the offending vehicle did not possess a valid driving licence, necessarily he must be have been accused under section 3 r/w. section 181 of the motor vehicles act, 1988 in the charge sheet. but in the instant case, since the respondent insurance company is trying to prove that the document being produced by it through ex ..... 2008 acj1928 in the said case, the hon ble supreme court, while dealing with an appeal arising out of section 149(2) (a) (ii) of motor vehicles act, 1988, where the dispute was with respect to possessing of the driving licence and the liability of the insurance company, was pleased to observe that, in the case before ..... these appeals coming on for final hearing this day, the court delivered the following: common judgment both these appeals have been filed under section 173(1) of the motor vehicles act, 1988, assailing the judgment and award passed by the presiding officer, fast track court iv and mact, belagavi (henceforth referred to as the tribunal , for brevity) in .....
Tag this Judgment!Court : Karnataka Dharwad
..... maritime liens and claims arising by reason of breach of contract for the hire of vessels or the carriage of goods or other maritime transactions, or tortious acts, such as conversion or negligence occurring in connection with the carriage of goods. where substantive law demands justice for the party aggrieved, and the statute has ..... 06.2017 mfa no.25323/2012 the nhai vs. mahadevi g. hiremath and others has rightly rejected the application under section 34 of the arbitration and conciliation act, 1996. the application itself was not tenable. the appeal also is equally not tenable and even otherwise without any merit. 14. the kolkota high court in ..... by the order passed by the learned principal district and sessions judge, dhrawad, on 29th september 2012 under section 34 of the arbitration and conciliation act, 1996 (for short the act ), enhancing the compensation amount over and above the compensation awarded by the land acquisition officer in respect of the acquisition of land for the purpose .....
Tag this Judgment!Court : Karnataka Dharwad
..... k. shivramappa & others :32. :23. in the present case, this court finds that instead of exercising the jurisdiction under section 33(1)(b) of the act, even though the dismissal on the ground of respondents workmen being found guilty of unauthorized absence, even though a matter not connected with the dispute pending before the ..... reply or objections filed before the learned industrial tribunal against the aforesaid serial applications filed by the petitioner management under section 33(2) (b) of the act, about holding a preliminary enquiry within the domestic enquiry held against them and there is no such statutory requirement in the standing orders or bye-laws ..... kid no.2/2006, whereby the learned industrial tribunal, while keeping the aforesaid serial applications filed under section 33(2)(b) of the industrial disputes act, 1947(for short, the act ) read with rule 61(2) of the industrial disputes (karnataka rules) 1957, as pending, itself suo-motu raised a preliminary issue and held .....
Tag this Judgment!Court : Karnataka Dharwad
..... date of birth at the fag end of his career was absolutely belated and was not at all proved before the learned labour court, but still the labour court acting on a misconception and misreading of the evidence, quashed the retirement of the respondent-workman on achieving the age of superannuation with effect from 1st september, 2010 and ..... the retirement notice was served upon him, was all self-serving and cooked up evidence, which could not be established in accordance with the provisions of the indian evidence act, 1872 still the labour court gave a declaration and relief to the respondent-workman without any foundation for the same. 19. the hon'ble supreme court in the ..... date of nth as 27th august, 1952 with effect from 1st september, 2010 and the labour court allowed this claim under section 10(4-a) of the industrial disputes act, 1947 by the impugned order dated 21st february, 2012 with the following observations: "11. the workman has contended that his date of birth has been shown to .....
Tag this Judgment!