Array ( [0] => ..... this court in several judicial pronouncements. as against these contentions, the b.d.a. contended that under the notification issued in exercise of its power under sec. 23 of the improvement act, the government had transferred only the streets formed by the board levelled, paved, metalled, flagged, channelled, drained and severed in the manner provided for in ..... by private bodies even though such body or bodies may be a public charitable trust. we derive support from the fact that 'amenity' in sub-sec. 2(b) of the b.d.a. act was added to by cl. (bb) 'civic amenity'. that itself provides a clue to the definition 'civic amenity' which in its normal meaning ..... came within the jurisdiction of corporation by virtue of the notification issued by the government under clause (9) of sec. 3 of the bangalore corporation act, and the site vested in the corporation under sec. 71-a of the act, the corporation was under an obligation to retain that site as children'splayground and could not divert it for ..... [1] => ..... deserve to be rejected. 5. in order to appreciate the contentions raised by the appellant it is necessary to refer to a few relevant provisions of the act. section 2(f-2) of the act defines 'business' as follows : '2(f-2) 'business' includes, - (i) any trade, commerce or manufacture or any adventure or concern in ..... therefore, any transaction which is incidental or ancillary to the main business also constitutes a business. indeed, such provisions are available under the bengal finance (sales tax) act, as amended from time to time, which was the subject matter of consideration by the supreme court in member, board of revenue, west bengal v. controller of ..... this case as necessarily incidental or ancillary to the business of insurance. therefore, the conclusion is irresistible that the appellant becomes a dealer for purposes of the act which includes a casual trader who also carries on an activity which is business. 6. however, the learned counsel for the appellant relied upon three decisions, ..... [2] => ..... is not possible to accept the contention of the learned counsel for the petitioner. there is no retrospectivity involved in the application of sub-section (2) of section 33-a of the act. sub-section (2) of section 33-a of the act, on the date it becomes relevant for applying it, if it is found that as on that day if a person has held ..... , or it may be for 999 years, are in existence.'7. having regard to the aforesaid statement of law and in view of the fact that sub-section (2) of section 33a of the act does not take away or impair any vested right acquired under the existing laws, but only part of the requisites are drawn for its action from a time ..... eligible either to be nominated or elected for another term in continuation of the terms of office held by him. if the contention of the petitioner is accepted, section 33-a of the act which has come into force on 14-5-1986 will be inoperative for a period of 6 years. no such interpretation should be placed on a statute which ..... [3] => ..... in question are inter-state in character and whether the petitioners are entitled to be free from curtailment of the routes on which they are operating.10. section 68f(2) of the act is an enabling provision for the implementation of the approved scheme in respect of a notified area or notified route either by the s.t.a. or ..... lends support to the argument of the learned counsel for the corporation that the route in question is not inter-state in character.17. section 45(2) of the act reads as follows :'notwithstanding anything contained in sub-sec. (1), the state government may, by notification in the official gazette, direct that in the case of any vehicle or vehicles ..... be made to the state transport authority of the region in which the applicant resides or has his principal place of business'.sub-section (28 a) of s. 2 of the act defines 'route'. it reads as follows :' 'route' means a line of travel which specifies the highway which may be traversed by a motor vehicle between one terminus ..... [4] => ..... of a second or subsequent offence, for contravention of s. 87(1) of the act, the legislature thought of inserting s. 104-e, by the same act, namely, act no. 1 of 1981 enhancing the jurisdiction of the judicial magistrate first class. 40. section 104-e, as inserted by act no. 1 of 1981, which came into force with effect from 23-2-1981, reads ..... established, then he has to award the punishment to the petitioner prescribed in s. 87(2) of the act. under s. 87 (2) of the act, the person contravening the provisions of sub-section (1) of s. 87, on conviction, has to be punished with imprisonment for a term which may extend to seven years and with fine which may extend to twenty ..... the second class, by his ordinary jurisdiction is competent to inflict. he cannot exceed the limit prescribed by the section and pass a sentence which he is not authorised to pass. 36. s. 87(2) of the act, as substituted by s. 21 of act no. 1 of 1981 which came into effect from 23-2-1981, which is attracted to the case ..... [5] => ..... trustees to employ the funds in any industry, trade or business. 6. in this background, the petitioner-trust sought for approval as a charitable trust under section 12(g) of the act under the name chamundeswari dharma nidhi. the government, vide its order dated october 14, 1970, as per annexure-b, approved the same. thereafter, assessments ..... cause notice by two letters both dated june 6, 1981. the government of karnataka, on a consideration of the entire matter and the provisions of section 12(g) of the act, held that the petitioner having lent moneys to private businessmen ceased to be an institution established for charitable purposes as, in its view, lending ..... commissioner to cancel the approval granted by it to the petitioner and declared that the petitioner ceased to be an institution established for charitable purposes under section 12(g) of the act. 7. the petitioner, in the meanwhile, had also effected a deed of rectification by which it was provided that the trustees shall have ..... [6] => ..... the view taken by the learned single judge would have been unexceptionable. but their contention is that in view of the clear wordings of sub-section (3) of section 14 of the klr act, in the absence of an incumbent holding the office of the assistant commissioner, the tahsildar stationed at the headquarters of the assistant commissioner of ..... stationed at the headquarters of the assistant commissioner of a revenue sub-division exercising the powers of such assistant commissioner by virtue of sub-section (3) of section 14 of the klr act. in fact they do not dispute that if the tahsildar was placed only incharge or independent charge of the post of the assistant commissioner ..... by the respondents in the writ petition by contending that a tahsildar exercising powers of assistant commissioner by virtue of the provisions of sub-section (3) of section 14 of the klr act cannot be equated with a person placed in charge or independent charge of a post under rule 32 of the kcs rules. this contention ..... [7] => ..... the 1988 model. having regard to the fact that the 3rd respondent is a new entrant and the route is a short route he is entitled to a preference under section 104a(ii)(a) of the rules, the r.t.a. ought to have endeavoured to give effect to the rule preference contained in r. 104a (ii)(a). when ..... the rule itself provides for giving preference, it becomes the duty of the transport authorities empowered to grant stage carriage permits to implement the object of the act and the rules and not to allow such object to be defeated on some ground which does not have a bearing on the operation of the service. the question as ..... for the applications. the petitioner, 3rd respondent and six others filed the applications. the r.t.a. considered all the eight applications after following the procedure prescribed under the act and held that the petitioner was entitled to five marks whereas the respondent was entitled to four marks and also that the 3rd respondent was not having the vehicle ready ..... [8] => ..... , the contention of the petitioner is not different from what it was before the arbitrator as well as the revenue appellate tribunal and that contention is founded on section 176 of the contract act read with clauses 5 and 10 of the hypothecation agreement as at annexure 'a' to the writ petition. the contention in summary is thus : that the ..... operative societies, tumkur, who, by his order dated april 18, 1983 in dispute no. 37 of 82-83 upheld the contention of the bank in terms of section 176 of the contract act read with clause 5 and clause 10 of the agreement of hypothecation as at annexure 'a' to the petition that the bank had a right to seize the ..... of the loan advanced notwithstanding the fact that payment of dues to the co-operative society/bank is a matter, recovery of which is provided for under section 70 of the co-operative societies act, by way of a dispute in the specified manner, thereby excluding any other method available to a co-operative institution 4. so far as the first ..... [9] => ..... that, -'if there is a bona fide dispute between the parties as to the existence of such relationship between the parties, the court exercising special jurisdiction under section 8 of the act cannot decide that question; nor can the court proceed with the petition for eviction on the basis that such relationship exists between the parties. it is not ..... the eviction petition with liberty to file a fresh one. the instant petition is filed on similar grounds including the ground under clause (a) of section 21(1) of the act. it is thus seen that the denial of tenancy and the title of the petitioner was made for the first time by the respondent in the ..... directing the parties to establish their rights in a properly instituted suit.3. the petitioner has sought for eviction of the respondent on several grounds under section 21(1) of the act including the ground that the respondent had committed default in payment of rent to the extent of rs. 11,200/-. the respondent contested the said petition ..... ) Explosives Act 1884 Section 4 Definitions - Court Karnataka - Year 1989 - Page 5 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: karnataka Year: 1989 Page 5 of about 105 results (0.637 seconds)

Sep 13 1989 (HC)

B.S. Muddappa and Others Vs. State of Karnataka and Others

Court : Karnataka

Decided on : Sep-13-1989

Reported in : AIR1990Kant87; ILR1989KAR3027; 1989(2)KarLJ540

..... this court in several judicial pronouncements. as against these contentions, the b.d.a. contended that under the notification issued in exercise of its power under sec. 23 of the improvement act, the government had transferred only the streets formed by the board levelled, paved, metalled, flagged, channelled, drained and severed in the manner provided for in ..... by private bodies even though such body or bodies may be a public charitable trust. we derive support from the fact that 'amenity' in sub-sec. 2(b) of the b.d.a. act was added to by cl. (bb) 'civic amenity'. that itself provides a clue to the definition 'civic amenity' which in its normal meaning ..... came within the jurisdiction of corporation by virtue of the notification issued by the government under clause (9) of sec. 3 of the bangalore corporation act, and the site vested in the corporation under sec. 71-a of the act, the corporation was under an obligation to retain that site as children'splayground and could not divert it for .....

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Nov 10 1989 (HC)

United India Insurance Co. Ltd. Vs. Commissioner of Commercial Taxes, ...

Court : Karnataka

Decided on : Nov-10-1989

Reported in : ILR1989KAR3473

..... deserve to be rejected. 5. in order to appreciate the contentions raised by the appellant it is necessary to refer to a few relevant provisions of the act. section 2(f-2) of the act defines 'business' as follows : '2(f-2) 'business' includes, - (i) any trade, commerce or manufacture or any adventure or concern in ..... therefore, any transaction which is incidental or ancillary to the main business also constitutes a business. indeed, such provisions are available under the bengal finance (sales tax) act, as amended from time to time, which was the subject matter of consideration by the supreme court in member, board of revenue, west bengal v. controller of ..... this case as necessarily incidental or ancillary to the business of insurance. therefore, the conclusion is irresistible that the appellant becomes a dealer for purposes of the act which includes a casual trader who also carries on an activity which is business. 6. however, the learned counsel for the appellant relied upon three decisions, .....

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Nov 02 1989 (HC)

N. Chandrappa Vs. Registrar

Court : Karnataka

Decided on : Nov-02-1989

Reported in : ILR1990KAR1667; 1990(1)KarLJ107

..... is not possible to accept the contention of the learned counsel for the petitioner. there is no retrospectivity involved in the application of sub-section (2) of section 33-a of the act. sub-section (2) of section 33-a of the act, on the date it becomes relevant for applying it, if it is found that as on that day if a person has held ..... , or it may be for 999 years, are in existence.'7. having regard to the aforesaid statement of law and in view of the fact that sub-section (2) of section 33a of the act does not take away or impair any vested right acquired under the existing laws, but only part of the requisites are drawn for its action from a time ..... eligible either to be nominated or elected for another term in continuation of the terms of office held by him. if the contention of the petitioner is accepted, section 33-a of the act which has come into force on 14-5-1986 will be inoperative for a period of 6 years. no such interpretation should be placed on a statute which .....

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Jan 03 1989 (HC)

M.G. Automobiles, Bellary and Etc. Vs. Karnataka State Transport Autho ...

Court : Karnataka

Decided on : Jan-03-1989

Reported in : AIR1990Kant151

..... in question are inter-state in character and whether the petitioners are entitled to be free from curtailment of the routes on which they are operating.10. section 68f(2) of the act is an enabling provision for the implementation of the approved scheme in respect of a notified area or notified route either by the s.t.a. or ..... lends support to the argument of the learned counsel for the corporation that the route in question is not inter-state in character.17. section 45(2) of the act reads as follows :'notwithstanding anything contained in sub-sec. (1), the state government may, by notification in the official gazette, direct that in the case of any vehicle or vehicles ..... be made to the state transport authority of the region in which the applicant resides or has his principal place of business'.sub-section (28 a) of s. 2 of the act defines 'route'. it reads as follows :' 'route' means a line of travel which specifies the highway which may be traversed by a motor vehicle between one terminus .....

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Aug 18 1989 (HC)

Nagesh Vs. State of Karnataka

Court : Karnataka

Decided on : Aug-18-1989

Reported in : 1990CriLJ2234; ILR1989KAR3058; 1989(3)KarLJ93

..... of a second or subsequent offence, for contravention of s. 87(1) of the act, the legislature thought of inserting s. 104-e, by the same act, namely, act no. 1 of 1981 enhancing the jurisdiction of the judicial magistrate first class. 40. section 104-e, as inserted by act no. 1 of 1981, which came into force with effect from 23-2-1981, reads ..... established, then he has to award the punishment to the petitioner prescribed in s. 87(2) of the act. under s. 87 (2) of the act, the person contravening the provisions of sub-section (1) of s. 87, on conviction, has to be punished with imprisonment for a term which may extend to seven years and with fine which may extend to twenty ..... the second class, by his ordinary jurisdiction is competent to inflict. he cannot exceed the limit prescribed by the section and pass a sentence which he is not authorised to pass. 36. s. 87(2) of the act, as substituted by s. 21 of act no. 1 of 1981 which came into effect from 23-2-1981, which is attracted to the case .....

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Mar 17 1989 (HC)

Chamundeswari Dharma Nidhi Vs. Agricultural Income-tax Officer and ors ...

Court : Karnataka

Decided on : Mar-17-1989

Reported in : ILR1990KAR946; [1990]181ITR139(KAR); [1990]181ITR139(Karn); 1989(3)KarLJ375

..... trustees to employ the funds in any industry, trade or business. 6. in this background, the petitioner-trust sought for approval as a charitable trust under section 12(g) of the act under the name chamundeswari dharma nidhi. the government, vide its order dated october 14, 1970, as per annexure-b, approved the same. thereafter, assessments ..... cause notice by two letters both dated june 6, 1981. the government of karnataka, on a consideration of the entire matter and the provisions of section 12(g) of the act, held that the petitioner having lent moneys to private businessmen ceased to be an institution established for charitable purposes as, in its view, lending ..... commissioner to cancel the approval granted by it to the petitioner and declared that the petitioner ceased to be an institution established for charitable purposes under section 12(g) of the act. 7. the petitioner, in the meanwhile, had also effected a deed of rectification by which it was provided that the trustees shall have .....

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Oct 20 1989 (HC)

Channabasappa Basappa Siddannavar Vs. Chikkappa Tirukappa Motebennur

Court : Karnataka

Decided on : Oct-20-1989

Reported in : ILR1989KAR3492; 1990(1)KarLJ116

..... the view taken by the learned single judge would have been unexceptionable. but their contention is that in view of the clear wordings of sub-section (3) of section 14 of the klr act, in the absence of an incumbent holding the office of the assistant commissioner, the tahsildar stationed at the headquarters of the assistant commissioner of ..... stationed at the headquarters of the assistant commissioner of a revenue sub-division exercising the powers of such assistant commissioner by virtue of sub-section (3) of section 14 of the klr act. in fact they do not dispute that if the tahsildar was placed only incharge or independent charge of the post of the assistant commissioner ..... by the respondents in the writ petition by contending that a tahsildar exercising powers of assistant commissioner by virtue of the provisions of sub-section (3) of section 14 of the klr act cannot be equated with a person placed in charge or independent charge of a post under rule 32 of the kcs rules. this contention .....

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Jan 18 1989 (HC)

P. Nagesh Vs. Karnataka State Transport Appellate Tribunal, Bangalore ...

Court : Karnataka

Decided on : Jan-18-1989

Reported in : II(1989)ACC213; AIR1990Kant136; 1989(1)KarLJ333

..... the 1988 model. having regard to the fact that the 3rd respondent is a new entrant and the route is a short route he is entitled to a preference under section 104a(ii)(a) of the rules, the r.t.a. ought to have endeavoured to give effect to the rule preference contained in r. 104a (ii)(a). when ..... the rule itself provides for giving preference, it becomes the duty of the transport authorities empowered to grant stage carriage permits to implement the object of the act and the rules and not to allow such object to be defeated on some ground which does not have a bearing on the operation of the service. the question as ..... for the applications. the petitioner, 3rd respondent and six others filed the applications. the r.t.a. considered all the eight applications after following the procedure prescribed under the act and held that the petitioner was entitled to five marks whereas the respondent was entitled to four marks and also that the 3rd respondent was not having the vehicle ready .....

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Jun 28 1989 (HC)

Tumkur Town Veerashiva Co-operative Bank Ltd. Vs. H.C. Shyamala and or ...

Court : Karnataka

Decided on : Jun-28-1989

Reported in : [1993]78CompCas182(Kar); 1990(1)KarLJ48

..... , the contention of the petitioner is not different from what it was before the arbitrator as well as the revenue appellate tribunal and that contention is founded on section 176 of the contract act read with clauses 5 and 10 of the hypothecation agreement as at annexure 'a' to the writ petition. the contention in summary is thus : that the ..... operative societies, tumkur, who, by his order dated april 18, 1983 in dispute no. 37 of 82-83 upheld the contention of the bank in terms of section 176 of the contract act read with clause 5 and clause 10 of the agreement of hypothecation as at annexure 'a' to the petition that the bank had a right to seize the ..... of the loan advanced notwithstanding the fact that payment of dues to the co-operative society/bank is a matter, recovery of which is provided for under section 70 of the co-operative societies act, by way of a dispute in the specified manner, thereby excluding any other method available to a co-operative institution 4. so far as the first .....

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Nov 07 1989 (HC)

K. Visvanathiah Setty Vs. S.R. Chikka Veerappa

Court : Karnataka

Decided on : Nov-07-1989

Reported in : ILR1990KAR498; 1989(3)KarLJ527

..... that, -'if there is a bona fide dispute between the parties as to the existence of such relationship between the parties, the court exercising special jurisdiction under section 8 of the act cannot decide that question; nor can the court proceed with the petition for eviction on the basis that such relationship exists between the parties. it is not ..... the eviction petition with liberty to file a fresh one. the instant petition is filed on similar grounds including the ground under clause (a) of section 21(1) of the act. it is thus seen that the denial of tenancy and the title of the petitioner was made for the first time by the respondent in the ..... directing the parties to establish their rights in a properly instituted suit.3. the petitioner has sought for eviction of the respondent on several grounds under section 21(1) of the act including the ground that the respondent had committed default in payment of rent to the extent of rs. 11,200/-. the respondent contested the said petition .....

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