Court : Karnataka
Reported in : AIR1952Kant107; AIR1952Mys107; ILR1952KAR331; (1953)31MysLJ14
..... in that case after a decree for sale on a mortgage was passed in 1912, a part of the hypothecated property was taken up under the land acquisition act and the government paid the amount of compensation into court to the credit of the suit and the same was paid to the decree-holder subsequently. ..... ibrahim', 56 mad lj 630, the distinction between section 19 and section 20 of the limitation act is discussed and it is observed that co-heirs who become liable as such for the debt of a deceased do not come within the words of the section and that the extension of the sub-section by analogy to co-heirs is not ..... payment and that the signature of the judge on the paper showing the payment satisfied the condition that the fact of payment should appear in the handwriting of the person making it as required by section 20 of the limitation act and saved the execution application from the bar of limitation. ..... lingegowda as well as his widow were persons liable to pay the debt within the meaning of section 20 of the limitation act. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1957Kant22; AIR1957Mys22
..... the legislature has conferred the power on the government and the question whether the buyer or the seller has to bear the burden is a matter of detail in giving effect to the object of the act without involving delegation of policy which the legislature has to determine, and the amendment cannot be assailed as being due to exercise of power not lawfully vested in government.8. ..... the objection to the sub-rule is that by allowing taxation on each occasion of sale the limitation placed in section 5 of the act to a single point is negative and that a rule formulated by government cannot override a condition enjoined by the legislature. ..... the argument would have had force if hides and skins had been taxed after the date of the constitution as it is stated in section 3 of the act that any law there for can be operative only with the approval of the president. ..... ' section 3 states: '(1) subject to the provisions of this act (a) every dealer shall pay for each year a tax on his total turnover for such year ..... that was a case in which the act and the rules were impugned by licensed tanners who were prosecuted for non-payment of the taxes, while considering these as a whole the high court of madras expressed that all the rules except rule 16(5) ..... section 3(4) of the act itself provides for the turnover being determined in accordance with the rules contained in the schedule to the act and empowers government to vary any part of the schedule after duly notifying the changes in the official gazette .....
Tag this Judgment!Court : Karnataka
Reported in : (1963)ILLJ638Kant
..... made from the wages of an employed person, or any payment of wages has been delayed, such person himself, or any legal practitioner or any official of a registered trade union authorized in writing to act on his behalf, or any inspector under this act, or any other person acting with the permission of the authority appointed under sub-section (1), may apply to such authority for a direction under sub-section (3) : provided that every such application shall be presented within ..... 3, or give them an opportunity of being heard, and, after such further inquiry (if any) as may be necessary, may, without prejudice to any other penalty to which such employer or other person is liable under this act, direct the refund to the employed person of the amount deducted, or the payment of the delayed wages, together with the payment of such compensation as the authority may think fit, not exceeding ten times the ..... 188], where a division bench was for the first time called upon to consider the scheme of the act and the jurisdiction of the authority under the act, and in that decision we laid down that the authority had no jurisdiction to decide whether the services of an employee had been rightly or wrongly terminated or whether the dismissal was lawful or ..... the foundation of a general rule defining the ambit of the jurisdiction which may be exercised under the act being impracticable, each case, in my view, must be decided on its own facts and the nature of the controversy between the parties. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1965Kant276; AIR1965Mys276; ILR1965KAR8; (1965)1MysLJ137
kalagate, j. (1) this appeal by the plaintiff raises two questions, the first is as to whether the statements contained in the affidavit filed by the defendant in support of his application made in the suit between them to get an order of attachment before judgment are defamatory in character; and the second is, even if they are defamatory in character, whether they, having been made in the course of and with reference to judicial proceeding, are absolutely privileged and, therefore, the plaintiff gets no cause of action to institute the suit for damages in respect of them.(2) they arise in the following circumstances. the plaintiff is a tenant of the defendant. the latter instituted o.s. no. 218 of 1956 in the court of the munsiff, bhadravati, against the present plaintiff to recover rs. 588/- and odd as arrears of rent due to him. it appear that before this suit of 1956, there was also an earlier suit filed by the defendant against him to recover rents due from him, and the execution of the decree obtained in that suit was pending. it was during the pendency of o.s. no. 218 of 1956 that the defendant made an application to secure an order of attachment before judgment under r. 5 of o. 38 of the code of civil procedure and, in support of that application, he filed the affidavit. the suit was decreed against the defendant (present plaintiff) who thereafter filed o.s. no. 17 of 1957 in the court of the civil judge, shimoga, to recover rs. 4,000 as damages, alleging that the .....
Tag this Judgment!Court : Karnataka
Reported in : [1967(14)FLR177]; (1967)IILLJ603Kant
..... the petitioner was once an employee and it is then contended that there was no relationship of employer and employee at the relevant period for which wages are claimed, it is only the authority prescribed in the payment of wages act that is competent to go into the question and its jurisdiction is not taken away and in fact the jurisdiction of the civil court is ousted under s. ..... according to the learned judge, the only course open to the petitioner was to make an application before the authority prescribed in the payment of wages act for ascertainment and payment of wages for the period between april 1, 1961 and may 18, 1961, and he could not file a suit. ..... has held that adjudication on the legality of the retrenchment of an employee or the legality of an order of dismissal is not within the domain of the authority under the payment of wages act, and an adjudication into the competence of the employer to retire his employees is wholly outside the bounds of the jurisdiction created by s. ..... 15 of the payment of wages act is not taken away. ..... 15 of the payment of wages act and that the only course for the employee was to file a suit in the ordinary civil court for recovery of wages, if any, due to him ..... 15 of the payment of wages act was not maintainable, the learned judge, relying upon some observations in the said judgment held that the suit filed by the petitioner was not maintainable ..... 22(d) of the said act is a bar for a suit in a civil court ..... 22(d) of the payment of wages act was a bar. .....
Tag this Judgment!Court : Karnataka
Reported in : 1977CriLJ306
..... rights under sub-section (2) of section 21 shall be-(a) six months from the date of deposit, if the arms or ammunition are deposited as a consequence of contravention by its owner of any provision of the act or these rules or any condition of the licence;(b) one year-(i) from the date of deposit, if the arms or ammunition are deposited as a consequence of its possession becoming unlawful under section 21(1) otherwise than ..... by virtue of this act or any other law for the time being in force to have, or not prohibited by this act or such other law from having, the same in his possession and to receive the proceeds of any such disposal:provided that nothing in this ..... , shall, at any time before the expiry of such period as may be prescribed, be entitled -(a) to receive back anything so deposited on his becoming entitled by virtue of this act or any other law for the time being in force to have the same in his possession, or(b) to dispose, or authorise the disposal, of anything so deposited by sale or otherwise to any person entitled ..... application made under subsection (2) of section 21, the person to receive the firearm under clause (a) or (b) of sub-section (2) of section 21 had by virtue of the act or by any other law for the time being in force become entitled to possess the firearm, the permission sought for under sub-section (2) of section 21 cannot be refused .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1979Kant24
..... 34 of the constitution (forty-second amendment) act, 1976, and as may be evolved by such house of the legislature of a state, so far as may be, in accordance with those of the house of the people, and of its members and committees where such house is the legislative assembly and in ..... 40 of the government of india act, 1935, or on the basis of article 121 of the constitution. ..... 40 of the government of india act, 1935, and to art. ..... 'it is stated that the privilege is not limited to words spoken in debate or uttered in a speech, but applies also to written reports presented to committees, to the act of voting, etc. ..... the supremacy of parliament consisting of the sovereign and the two houses, is a legislative supremacy which has nothing to do with the privilege jurisdiction of either house acting singly. 2. ..... sri krishna sinha : air1959sc395 in which the question which arose for consideration before the supreme court was whether the freedom of press guaranteed under act. .....
Tag this Judgment!Court : Karnataka
Reported in : [1985]57CompCas690(Kar)
..... behari sarkar [1967] ilr 1967 (1) cal 360, the divisional bench of the delhi high court came to the following conclusions (headnote) : 'the statement of affairs ..... . krishna murthy's affidavit is more detailed as he claims to have kept the books and also acted as manager of the company in question for some time and ceased to be an employee when he ..... company stand on the same footing and their duties, responsibilities and obligations are uniformly controlled by the provisions in the act as well as the articles of association of the company concerned ..... turn sour when the company is mismanaged and attracts the penal provisions of the act and all the directors are liable ..... 454(5a) of the companies act, 1956 (hereinafter referred to as 'the act'), against the ex-directors of the ..... 454 of the companies act, 1956, is the very basis of winding-up proceedings and it is not proceeding which can be called a fact-finding enquiry or a fishing enquiry as it is to obtain as full an information as possible, not piecemeal information, which is to be filed by a person who is in a ..... 454 of the act, the ex-directors are bound file the statement of affairs in respect of a company ordered to be wound up notwithstanding that such directors were not directors of the company on the date of the winding up ..... 454 of the act, the ex-directors of the company in liquidation were required to submit to the official liquidator a statement of the affairs of the company in the prescribed from verified by an affidavit .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR2177
..... and 'action taken accordingly'; (vii) that respondent was actually inclined to support the departmental view and the construction placed by it on the relevant provisions of the act for coming to the conclusion that the petitioner should have possessed a separate licence for possessing machinery for manufacturing arms and ammunitions but this is not supported by the plain ..... its majority judgment observed :'the constitution enshrines and guarantees the rule of law and article 226 is designed to ensure that each and every authority in the state, including the government acts bona fide and within the limits of its power and we consider that when a court is satisfied that there is an 'abuse or misuse of power and its jurisdiction is invoked, ..... manufacturing cartridges and lead shots in the same premises where he was manufacturing fire arms and live gun cartridges;according to the respondent 'the entire structure of the act' and the rules framed thereunder provided for stringent measure against a situation that may be created by permitting manufacture of blank fire cartridges at the same place where ..... of licence or for renewal of licence, the very same meaning as given by the supreme court on those words as they appear in section 147(a) of the income tax act, should be given to these words in this act, since the power of the licensing authority to refuse to grant a licence or to refuse to renew the existing licence would adversely affect the fundamental right of the persons to ..... delhi .....
Tag this Judgment!Court : Karnataka
Reported in : [1990]78STC234(Kar)
..... theingot moulds, bottom plates, first or earliestiron scrap, cast iron scrap, of successiverunner scrap and iron skull scrap; dealers in thestate, liable to(ii) steel semis (ingots, slabs, tax under this act.blooms and billets of allqualities, shapes and sizes);(iii) skelp bars, tin bars, sheet bars,hoe bars and sleeper bars;(iv) steel bars (rounds, rods, squares,flats, octagons and hexagons, plainand ..... at the time of hearing, the learned counsel for the petitioner asked us to confine our attention only to the challenge to constitutional validity to section 5(4) of the act in so far as it relates to item 2 of the fourth schedule and explanation ii thereto and leave open the other questions raised including the validity of the notices to be agitated later after ..... the petitioner has filed the above petitions challenging, inter alia, the constitutional validity of section 5(4) of the act in so far as it pertains to item 2 of the fourth schedule to the act read with explanation ii to the fourth schedule for the period prior to april 1, 1978, as violative of article ..... the contentions of the petitioners in these cases are as follows : (1) explanation ii to the fourth schedule of the act is not in the nature of exemption clause, but is a proviso to charging section 5(4) in so far as item 2 ..... show cause notice issued by the commissioner of commercial taxes in revision proceedings under section 22a of the act and it is at that stage, the petitioners filed the writ petitions before this court. .....
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