Array ( [0] => ..... on the high court to dismiss the election petition which did not comply with the provisions of section 81, or section 82 or section 117 of the act. it was emphasized that section 83 did not find place in section 86. under section 87 of the act every election petition shall be tried by the high court as nearly as may be in accordance ..... whether this court should presume that (since the petitioner has not specifically mentioned in the petition) respondent-2 has committed corrupt practices within the meaning of section 123(1)of the act. section 123(1)deals with 'bribery', that is to say:'(a) any gift, offer or promise by a candidate or his agent or by any other ..... of electoral corrupt practice indulged in by the 2nd respondent as a result of which, his election is liable to be set aside.'under what sub-section of section 123 of the act the corrupt practice was committed by respondent-2 is not mentioned in this paragraph. that apart, in this paragraph the petitioner does not mention the material ..... [1] => ..... plea of malafides in the action taken by the state government.16. this contention of the learned counsel overlooks the difference in the language of section 30 of the act and 30a of the act. under section 30(1)(b), the registrar of the co-operative society, if in his opinion finds that a co-operative society is not functioning in ..... be extension of the executive branch of the government and no more. it is only in circumstances which are contemplated in sub-section (1) of section 30 of the act, in a situation arising under section 30 of the act, that either the registrar of co-operative societies or the state government is empowered to supersede or replace the elected board of ..... continue in office till the disposal of the writ petition. but the state government on 7-5-1983 once again exercised the power under section 30a of the act by taking shelter under section 121 of the act. that order also came to be challenged in two writ petitions nos. 9413 of 1983 and 9235 of 1983 and both the writ ..... [2] => ..... above. the bombay high court, while analyzing the provisions, took the view that, with reference to the definition of chargeable profits in section 2(5) of the act and section 2(8) of the act which refers to statutory deductions and stated that when a part of the amount standing to the credit of a general reserve is, during ..... been taken by the calcutta high court in alkali and chemical corporation of india ltd., v. cit : [1980]122itr490(cal) and followed by the same high court in indian explosives ltd., v. cit : [1985]153itr340(cal) . there, their lordships, after noticing the controversy, stated that the problem involved in the interpretation of rule 3 is only arithmetical ..... the number of days of the previous year during which the increase or the reduction remained effective bears to the total number of days in that previous year.' 5. this section has been very clearly analysed by the bombay high court in cit v. centruy spinning and ., : [1978]111itr6(bom) . it is to the following effect. ..... [3] => ..... define and limit the powers of certain courts in punishing contempts of courts and to regulate their procedure in relation thereto. the act consists of 24 sections. section 1 relates to short title and extent. section 2 is the definition section. clause (a) defines 'contempt of court'. clause (b) defines 'civil contempt' and clause (c) defines 'criminal contempt'. ..... of the rival contentions, the two questions that arise for our consideration and determination are these : (1) whether the period of limitation prescribed by section 20 of the act is attracted to cases of contempt of the high court which is a court of record initiated under article 215 of the constitution (2) what ..... a jurisdiction inherent in every court of record. 40. it may not be necessary to refer to halsbury's laws of england (hailsham edition) and the 1884 edition of belchamber's practice of the civil courts which speak of the inherent jurisdiction to punish criminal contempt etc., vested in the superior courts of record ..... [4] => ..... 3. mr. jayakumar s. patil, learned counsel for the petitioners, has relied upon the definition of 'banking' in section 2(a) of the deposit insurance and credit guarantee corporation act, 1961. in the said act, the word 'banking' means accepting for the purpose of lending or investment of deposits of money from the public ..... societies, tumkur, first respondent herein, has disqualified them in terms of the provisions contained in section 17(1)(c) as well as section 29c(1)(c) of the karnataka co-operative societies act, 1959 (hereinafter refereed to as 'the act'). on appeal, the deputy registrar of co-operative societies-second respondent has confirmed the order ..... the third respondent-co-operative bank ltd. after becoming members, they also started their own money lending business after obtaining license under the money- lenders act. they became partners in different firms which had secured a licence for money-lending business. both of them contested the office of the directors of the ..... [5] => ..... commissioner or the excise commissioner to grant the licence; it has to be read as defining the respective jurisdiction of the two authorities, to grant the licensesunder sec. 15 of the act, in case, anyone is, otherwise entitled to obtain the licence. social purpose, like the concept of 'public interest' or 'public policy' is incapable of ..... of such leases may differ from subject to subject. it is not possible for us to agree with the contention of the petitioners that, lease unde sec. 17 of the act, requires, prior elaboration of the terms of lease, and documentation of those terms, especially, when, the lease is granted to a company owned or controlled ..... court subsequently. the conclusion reached in vijaya wine store's case, no doubt, is justifiable by the application of art. 261 of the constitution read with sec. 12 of the act. the impugned action and the inaction of the excise commissioner in vijaya wine store's case, also could dc, stigmatised as arbitrary and unreasonable. 18. ..... [6] => ..... and sri g.p. shivaprakash, learned counsel for the new tenant urged the following contentions viz., that in the absence of a statutory notice as contemplated under section 27 of the act, the tenant was not entitled to claim his right of re-entry into the reconstructed premises. that the tenant had waived his right of reentry for valid consideration ..... the tenant's claim for re-entry. on the contrary sri c.v. subba rao, learned counsel for the tenant contended that no notice in writing under section 27 of the act was necessary in view of the alleged unequivocal undertaking by the landlord to put the tenant in possession of the newly constructed premises and the election by the ..... building and in all other respects the occupation will be on the same terms and conditions on which he occupied the earlier building. the basic object of section 27 of the act is to inform the landlord of the definite intention of the tenant to occupy the new premises with willingness to pay the fair rent and to abide ..... [7] => ..... not include a commercial establishment or a shop attached to a factory where the persons employed in the shop fall within the scope of the factories act, 1984'. 36. section 2(e) defines 'commercial establishment' as under: 'commercial establishment' means a commercial or trading or banking or insurance establishment, an establishment or administrative ..... of a chartered accountant or of a firm of chartered accountants cannot be comprehended within the meaning of the expression 'commercial establishment' as defined in section 2(e) of the act of 1961. 70. in dipty kumar basu v. chief inspector (shops and establishments) [1986] 69 fjr 100 (cal), the question for ..... the decision of the question whether the office of a chartered accountant or the office of a firm of chartered accountants is an establishment under section 2(i) of the act of 1961, naturally depends upon the definition of that expression and the definitions of the expression 'shop' and 'commercial establishment' means a 'shop ..... [8] => ..... : air1987sc248 as also another decision in b.v. patankar v. c.g. shastrp : [1961]1scr591 .6. the scheme of the act apropos sections 21 and 31 is as follows:section 21 of the act occurs in part v of the statute and grants protection to tenants against eviction. it provides that notwithstanding anything to the contrary in any ..... authority in favour of the landlord against the tenant except in the circumstances mentioned therein. however, one exception is made, namely, operation of section 21 is exempted under section 31 of the act in respect of non-residential buildings the monthly rent of which exceeds rs. 500/- or annual rental value exceeds rs. 6,000/-. this ..... previously it became invalid subsequently, the supreme court in that case observed at para 32 thus:-'in the result these petitions succeed. clause (b) of section 32 of the act is hereby declared as unconstitutional and it is quashed. we, however, make it clear that this declaration would not affect the validity of any proceedings ..... [9] => ..... does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop fall within the scope of the factories act, 1948.' 25. section 2(e) defines 'commercial establishment' as under : 'commercial establishment' means a commercial or trading or banking or insurance establishment, an establishment or administrative ..... office of a chartered accountant or of a firm of chartered accountants cannot be comprehended within the meaning of the expression 'commercial establishment' as defined in section 2(u) of the act of 1961. 59. in dipti kumar basu and others v. chief inspector (shops and establishments) and anr. fir vol. 69. 100, the ..... as observed earlier, the accountancy profession in our country until 1949 when autonomy was conferred on it, was controlled by the government. 9. under section 2(b) of the act of 1949, 'chartered accountant' means 'a person who is a member of the institute'. every member of the institute is entitled to designate himself ..... ) Explosives Act 1884 Section 4 Definitions - Court Karnataka - Year 1989 - Page 2 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: karnataka Year: 1989 Page 2 of about 105 results (0.106 seconds)

Jan 25 1989 (HC)

C. Kannan Vs. Returning Officer

Court : Karnataka

Decided on : Jan-25-1989

Reported in : ILR1989KAR1081; 1989(1)KarLJ409

..... on the high court to dismiss the election petition which did not comply with the provisions of section 81, or section 82 or section 117 of the act. it was emphasized that section 83 did not find place in section 86. under section 87 of the act every election petition shall be tried by the high court as nearly as may be in accordance ..... whether this court should presume that (since the petitioner has not specifically mentioned in the petition) respondent-2 has committed corrupt practices within the meaning of section 123(1)of the act. section 123(1)deals with 'bribery', that is to say:'(a) any gift, offer or promise by a candidate or his agent or by any other ..... of electoral corrupt practice indulged in by the 2nd respondent as a result of which, his election is liable to be set aside.'under what sub-section of section 123 of the act the corrupt practice was committed by respondent-2 is not mentioned in this paragraph. that apart, in this paragraph the petitioner does not mention the material .....

Tag this Judgment!

Mar 15 1989 (HC)

H. Shivappa Vs. State of Karnataka

Court : Karnataka

Decided on : Mar-15-1989

Reported in : ILR1989KAR1741; 1989(2)KarLJ295

..... plea of malafides in the action taken by the state government.16. this contention of the learned counsel overlooks the difference in the language of section 30 of the act and 30a of the act. under section 30(1)(b), the registrar of the co-operative society, if in his opinion finds that a co-operative society is not functioning in ..... be extension of the executive branch of the government and no more. it is only in circumstances which are contemplated in sub-section (1) of section 30 of the act, in a situation arising under section 30 of the act, that either the registrar of co-operative societies or the state government is empowered to supersede or replace the elected board of ..... continue in office till the disposal of the writ petition. but the state government on 7-5-1983 once again exercised the power under section 30a of the act by taking shelter under section 121 of the act. that order also came to be challenged in two writ petitions nos. 9413 of 1983 and 9235 of 1983 and both the writ .....

Tag this Judgment!

Dec 01 1989 (HC)

Deepak Insulated Cable Corporation Ltd. Vs. Commissioner of Income-tax

Court : Karnataka

Decided on : Dec-01-1989

Reported in : (1990)82CTR(Kar)260; [1991]187ITR436(KAR); [1991]187ITR436(Karn); 1990(3)KarLJ42

..... above. the bombay high court, while analyzing the provisions, took the view that, with reference to the definition of chargeable profits in section 2(5) of the act and section 2(8) of the act which refers to statutory deductions and stated that when a part of the amount standing to the credit of a general reserve is, during ..... been taken by the calcutta high court in alkali and chemical corporation of india ltd., v. cit : [1980]122itr490(cal) and followed by the same high court in indian explosives ltd., v. cit : [1985]153itr340(cal) . there, their lordships, after noticing the controversy, stated that the problem involved in the interpretation of rule 3 is only arithmetical ..... the number of days of the previous year during which the increase or the reduction remained effective bears to the total number of days in that previous year.' 5. this section has been very clearly analysed by the bombay high court in cit v. centruy spinning and ., : [1978]111itr6(bom) . it is to the following effect. .....

Tag this Judgment!

Nov 23 1989 (HC)

High Court of Karnataka Vs. Y.K. Subbanna and ors.

Court : Karnataka

Decided on : Nov-23-1989

Reported in : 1990CriLJ1159; ILR1989KAR3572; 1990(1)KarLJ201

..... define and limit the powers of certain courts in punishing contempts of courts and to regulate their procedure in relation thereto. the act consists of 24 sections. section 1 relates to short title and extent. section 2 is the definition section. clause (a) defines 'contempt of court'. clause (b) defines 'civil contempt' and clause (c) defines 'criminal contempt'. ..... of the rival contentions, the two questions that arise for our consideration and determination are these : (1) whether the period of limitation prescribed by section 20 of the act is attracted to cases of contempt of the high court which is a court of record initiated under article 215 of the constitution (2) what ..... a jurisdiction inherent in every court of record. 40. it may not be necessary to refer to halsbury's laws of england (hailsham edition) and the 1884 edition of belchamber's practice of the civil courts which speak of the inherent jurisdiction to punish criminal contempt etc., vested in the superior courts of record .....

Tag this Judgment!

Jun 27 1989 (HC)

T.S. Renukaradhya Vs. H.S. Subhash Chandra

Court : Karnataka

Decided on : Jun-27-1989

Reported in : [1991]71CompCas441(Kar)

..... 3. mr. jayakumar s. patil, learned counsel for the petitioners, has relied upon the definition of 'banking' in section 2(a) of the deposit insurance and credit guarantee corporation act, 1961. in the said act, the word 'banking' means accepting for the purpose of lending or investment of deposits of money from the public ..... societies, tumkur, first respondent herein, has disqualified them in terms of the provisions contained in section 17(1)(c) as well as section 29c(1)(c) of the karnataka co-operative societies act, 1959 (hereinafter refereed to as 'the act'). on appeal, the deputy registrar of co-operative societies-second respondent has confirmed the order ..... the third respondent-co-operative bank ltd. after becoming members, they also started their own money lending business after obtaining license under the money- lenders act. they became partners in different firms which had secured a licence for money-lending business. both of them contested the office of the directors of the .....

Tag this Judgment!

Nov 13 1989 (HC)

M/S. Jagadale and Sons, Bangalore and Etc. Etc. Vs. State of Karnataka ...

Court : Karnataka

Decided on : Nov-13-1989

Reported in : AIR1990Kant251; ILR1990KAR101; 1990(1)KarLJ18

..... commissioner or the excise commissioner to grant the licence; it has to be read as defining the respective jurisdiction of the two authorities, to grant the licensesunder sec. 15 of the act, in case, anyone is, otherwise entitled to obtain the licence. social purpose, like the concept of 'public interest' or 'public policy' is incapable of ..... of such leases may differ from subject to subject. it is not possible for us to agree with the contention of the petitioners that, lease unde sec. 17 of the act, requires, prior elaboration of the terms of lease, and documentation of those terms, especially, when, the lease is granted to a company owned or controlled ..... court subsequently. the conclusion reached in vijaya wine store's case, no doubt, is justifiable by the application of art. 261 of the constitution read with sec. 12 of the act. the impugned action and the inaction of the excise commissioner in vijaya wine store's case, also could dc, stigmatised as arbitrary and unreasonable. 18. .....

Tag this Judgment!

Nov 07 1989 (HC)

D.V. Haridev Vs. B. Narayanamurthy

Court : Karnataka

Decided on : Nov-07-1989

Reported in : ILR1990KAR346; 1990(1)KarLJ138

..... and sri g.p. shivaprakash, learned counsel for the new tenant urged the following contentions viz., that in the absence of a statutory notice as contemplated under section 27 of the act, the tenant was not entitled to claim his right of re-entry into the reconstructed premises. that the tenant had waived his right of reentry for valid consideration ..... the tenant's claim for re-entry. on the contrary sri c.v. subba rao, learned counsel for the tenant contended that no notice in writing under section 27 of the act was necessary in view of the alleged unequivocal undertaking by the landlord to put the tenant in possession of the newly constructed premises and the election by the ..... building and in all other respects the occupation will be on the same terms and conditions on which he occupied the earlier building. the basic object of section 27 of the act is to inform the landlord of the definite intention of the tenant to occupy the new premises with willingness to pay the fair rent and to abide .....

Tag this Judgment!

Sep 11 1989 (HC)

Phillipos and Company and Others Vs. the State

Court : Karnataka

Decided on : Sep-11-1989

Reported in : [1990]67CompCas154(Kar); ILR1989KAR3135

..... not include a commercial establishment or a shop attached to a factory where the persons employed in the shop fall within the scope of the factories act, 1984'. 36. section 2(e) defines 'commercial establishment' as under: 'commercial establishment' means a commercial or trading or banking or insurance establishment, an establishment or administrative ..... of a chartered accountant or of a firm of chartered accountants cannot be comprehended within the meaning of the expression 'commercial establishment' as defined in section 2(e) of the act of 1961. 70. in dipty kumar basu v. chief inspector (shops and establishments) [1986] 69 fjr 100 (cal), the question for ..... the decision of the question whether the office of a chartered accountant or the office of a firm of chartered accountants is an establishment under section 2(i) of the act of 1961, naturally depends upon the definition of that expression and the definitions of the expression 'shop' and 'commercial establishment' means a 'shop .....

Tag this Judgment!

Jan 04 1989 (HC)

Hameed and Hameed Enterprises Vs. Nicky's Parlour

Court : Karnataka

Decided on : Jan-04-1989

Reported in : ILR1989KAR835

..... : air1987sc248 as also another decision in b.v. patankar v. c.g. shastrp : [1961]1scr591 .6. the scheme of the act apropos sections 21 and 31 is as follows:section 21 of the act occurs in part v of the statute and grants protection to tenants against eviction. it provides that notwithstanding anything to the contrary in any ..... authority in favour of the landlord against the tenant except in the circumstances mentioned therein. however, one exception is made, namely, operation of section 21 is exempted under section 31 of the act in respect of non-residential buildings the monthly rent of which exceeds rs. 500/- or annual rental value exceeds rs. 6,000/-. this ..... previously it became invalid subsequently, the supreme court in that case observed at para 32 thus:-'in the result these petitions succeed. clause (b) of section 32 of the act is hereby declared as unconstitutional and it is quashed. we, however, make it clear that this declaration would not affect the validity of any proceedings .....

Tag this Judgment!

Sep 11 1989 (HC)

Phillipos and Co. Vs. State

Court : Karnataka

Decided on : Sep-11-1989

Reported in : [1990]67CompCas453a(Kar); 1989(3)KarLJ473; (1990)ILLJ227Kant

..... does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop fall within the scope of the factories act, 1948.' 25. section 2(e) defines 'commercial establishment' as under : 'commercial establishment' means a commercial or trading or banking or insurance establishment, an establishment or administrative ..... office of a chartered accountant or of a firm of chartered accountants cannot be comprehended within the meaning of the expression 'commercial establishment' as defined in section 2(u) of the act of 1961. 59. in dipti kumar basu and others v. chief inspector (shops and establishments) and anr. fir vol. 69. 100, the ..... as observed earlier, the accountancy profession in our country until 1949 when autonomy was conferred on it, was controlled by the government. 9. under section 2(b) of the act of 1949, 'chartered accountant' means 'a person who is a member of the institute'. every member of the institute is entitled to designate himself .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //