Court : Karnataka Dharwad
..... the board circular dt.14.7.1994, which has classified that the single panel circuit breakers are classifiable under chapter 8537 has retrospective effect? under the central excise tariff act, 1985 and the rules, 1944, the board had issued a circular dated 14.7.1994 with regard to classification of goods. hence the apex court in the above ..... to the assessee; and (iv) that the tribunal grossly erred in confirming the order of the commissioner of income tax (appeals) as there is no provision under the act to implement the directions given by the commissioner of income tax in his order. 4. on service of notice in this appeal, the respondent/assessee entered appearance through ..... approached the itat. thus, the revenue is before this court. 3. the revenue has urged the following grounds: (i) that as per section 132b of the act, the seized money shall be applied by the assessing authority for discharge of liability of the assessee from who the money is seized and if there is any excess amount .....
Tag this Judgment!Court : Karnataka Dharwad
..... approving the validity of acquisition proceedings without looking further into or even subjecting the administrative action to any scrutiny, leave alone strict scrutiny. 97. the act does not necessarily use the phrase public purpose and this distinction has been judicially noticed in some of the judgments of the supreme court. but, the ..... order is that as the proposed project comes under schedule-i of the notification issued by the central government under the provisions of the environment [protection] act, 1986 and rules and regulations, the company is required to obtain not only the approval of the state government for the project, but also elicit necessary ..... for and obtain pollution and environmental clearances from karnataka state pollution control board, and the moef, government of india as per the provisions of the relevant acts and rules governing environmental protection. providing local employment:- the company shall provide employment to local persons in the unit as per para 8.6 of .....
Tag this Judgment!Court : Karnataka Dharwad
..... persons, to knock out the benefit meant for the needy people by adopting illegal means and by obtaining false caste certificate suppressing the fact, then that act is nothing but concealing of truth and at the same time it also amounts to express of falsehood. as the legal maxim says it is suppressio ..... government order. the government of karnataka has issued an enactment, viz. the karnataka scheduled castes, scheduled tribes and other backward classes (reservation of appointment, etc.) act, 1990, and prescribed authorities and procedure to issue income and caste certificate. any certificate issued in contravention with the provisions referred to above is illegal and ..... under section 196, 197, 198, 199, 200 and 420 of ipc and section 3(l)(ix) of the scheduled caste/scheduled tribe (prevention of atrocities) act, 1989 pending on the file of principal district and sessions judge, bagalkot. they have obtained certificate as belonging to scheduled tribe community to get government benefit under .....
Tag this Judgment!Court : Karnataka Dharwad
..... conductor would not fall within the definition of the term corporation servantunder the regulations, 1971, and hence, such a person would not be entitled to relief under the industrial disputes act, 1947 and therefore, had affirmed the view taken by the learned single judge to the said effect. similarly, yet another division bench in writ appeal no.100383/2014 by its .....
Tag this Judgment!Court : Karnataka Dharwad
..... . the petitioners and others like the petitioners are indulging in the illegal trade and that too indiscriminately and this court deems it to be it's duty and to act as a deterrent to such people, who entertain such similar thoughts and actions. 22. it is seen that the petitioners are indulging in destruction of invaluable natural wealth, ..... , the contraband/red sanders wood has been declared as an endangered species and it has been directed to be included in the schedule to the wild life protection act, 1972 and by its detailed order has been pleased to direct the union government to enact law to include red sandalwood as a specified plant within the meaning ..... as per the declaration of the hon'ble apex court, the respondents have jurisdiction to prosecute for the illegal transportation of the endangered species under the wild life protection act. 6. it is submitted that the hon'ble apex court in its judgment dated 13.02.2012 reported in (2012) 4 supreme court cases 362 has classified and .....
Tag this Judgment!Court : Karnataka Dharwad
..... him assume significance and cannot be lost sight of. while exercising powers of such drastic nature and penal consequences, it is necessary that the state government should act with a sense of responsibility, take into consideration all aspects of the matter and arrive at a definite conclusion based on the relevant materials. mere surmises ..... learned additional government advocate for the respondent state and also examined the order of the learned single judge impugned in this writ petition and the provisions of the act. while the view that the state government had been conferred a power to remove adhyaksha or upadhyaksha, who has been persistently remiss or guilty of the ..... indicated that the false complaint has caused him lot of harassment, mental agony and has also tarnished his image but he has not done any illegal act towards the panchayath development officer and there is no question of assaulting or threatening the life of the panchayath development officer. he has also alleged in .....
Tag this Judgment!Court : Karnataka Dharwad
..... 1966 to recall/set-aside the compromise decree. 14. it is true that the mutation entry no.2033 in the revenue register maintained under the karnataka land revenue act, recording the names of all the brothers was called in question by the landlord before the revenue authorities and when set-aside, the name of the petitioners' ..... precluded from pleading his tenancy, and direct, if the merits of the case so warrant, that such person be registered, subject to the other provisions of the said act, as occupant of such land." 11. a perusal of the aforesaid amended provision mandates that notwithstanding any judgment, decree or order of the civil court, the tribunal ..... counsel for the appellants submits that in the light of sub section 2 of section 3 of the karnataka land reforms (second amendment and miscellaneous provisions) act, 1974, for short 'act', the judgment and compromise decree in o.s.no.182/66 is rendered nugatory and that the land tribunal is duty bound to confer occupancy rights of .....
Tag this Judgment!Court : Karnataka Dharwad
..... the consequences. in the case of fertiliser corporation kamgar union (regd.), v. union of india [1981] 1 scc 568, this court observed that if the government acts fairly, though falters in wisdom, the court should not interfere. the court observed: (scc p. 584, para 35) 35. a pragmatic approach to social justice ..... have been acquired under the impugned notifications are entitled to the compensation on par with the compensation awarded for the land users under the new land acquisition act, 2013 and acquisition being made in the larger interest of the farmers including the petitioners. therefore, the petitioners cannot challenge the said notifications which are ..... therefore, there is no delay as alleged by the petitioners. 6. the respondents/state further contended that the notice issued under section 4(1) of the act was issued to the petitioners after following due procedure and in fact they have filed objections to the same. however, the acquiring authority invoking the emergency provision .....
Tag this Judgment!Court : Karnataka Dharwad
..... defendants father were taking portions of agricultural produce for their maintenance according to their needs. 6. it appears subsequently there was proceedings under the land reforms act and the assistant commissioner has passed orders regranting lands described as shetsanadi to the father of defendants no. 6 and 7. plaintiff was at no time ..... which were admittedly granted under occupancy rights to the father of the appellants after the abolition of the wathan under the bombay paragana and kulkarni wathan abolition act? 18. the learned counsel for the appellants assailing the judgment and decree of the courts below contended that the application filed before the lower appellate ..... the functions of the village office. but, the family continued to enjoy the property. it is during his lifetime these lands were resumed under the aforesaid act and re- granted in favour of the defendants father peersab as he was performing the functions of the office immediately prior to resumption of the land. .....
Tag this Judgment!Court : Karnataka Dharwad
..... such approval nor the procedural requirements and exercise of power on relevant considerations can be given up. no statutory authority whether functioning under the present act or under any other enactment can abdicate its duties and responsibilities in favour of the decisions/clearance/approval of the so called state level single window ..... please find enclosed combined application from [caf] which has to be filed for obtaining the required different department/authority as per the karnataka industries [[facilitation]] act, 2002. you are requested to fill up and provide two sets of caf along with the required fees by way of demand draft and other enclosures securely ..... for acquisition was laid by the clearance given by the state level single window clearance agency functioning under the provisions of the karnataka industries [facilitation] act, 2002; that the state level single window clearance committee had considered the proposal of the fifth respondent in its 27th meeting held on 28.11. .....
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