Court : Karnataka
Decided on : Nov-10-1989
Reported in : (1990)81CTR(Kar)20; [1991]192ITR278(KAR); [1991]192ITR278(Karn)
..... view of the learned single judge (see [1986] 161 itr 668) is not warranted by the provisions of the act and the conclusions reached by him are opposed to the decisions of the supreme court. 5. section 3 of the act is the charging section. clause (1) thereof provides for levy and collection of tax on professions, trades, callings and employments for the benefit ..... of the state. sub-section (2) thereof provides that every person who exercises any profession specified in the second column of .....
Tag this Judgment!Court : Karnataka
Decided on : May-31-1989
Reported in : [1990(60)FLR165]; ILR1989KAR3559; 1990(1)KarLJ12; (1991)IILLJ494Kant
..... or 'permanent total disablement' or 'permanent partial disablement'. each of the said disablements is defined under clauses (21), (15-b) and (15-a) respectively of section 2 of act thus : (21) 'temporary disablement' means a condition resulting from an employment injury which requires medical treatment and renders and employee, as a result of such injury, temporarily ..... to therein, percentage of loss of earning capacity not being more than 90 and not being less than 20, is specified. next, sub-section (1) of section 54a of the act requires the corporation to refer the case of an insured person seeking permanent disablement benefit to medical board to decide the disablement question and assess ..... that court has to determine the said matters (issues) as an to determine the said provided for under the latter part of sub-section (2-a) of section 75 of the act. the point is whether the medical board, medical appeal tribunal or the esi court is barred from fixing the percentage of loss of earning .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-21-1989
Reported in : [1989(59)FLR38]; ILR1989KAR861; 1989(1)KarLJ233; (1989)IILLJ4Kant
..... govern the operations of the undertakings. extreme examples cannot be stretched to interpret a legislation and to nullify the effect of a legislative measure like section 25-o of the act. 21. as held in excel wear case (supra) it is not easy to strike a balance several interests. the balancing has to be ..... undertakings were involved in the excel wear case (supra) and there were four writ petitions. the three different employers had sought permission under the earlier section 25o of the act to close their respective undertaking. by different orders, the state government rejected the applications and refused permission in two cases by observing that reasons for the ..... appeals are by the workmen, two by the state government and two by the union of india. the learned single judge declared that section 25o of the industrial disputes act (hereinafter called 'the act') offended article 19(1)(g) of the constitution of india and directed respondents 1 and 2 in the writ petitions not to enforce .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-04-1989
Reported in : [1992]73CompCas375(Kar); 1989(2)KarLJ410
..... , in terms of which the cheques were issued should not detain us long. at the outset, we should reject the argument summarily in view of section 118(a) of the act. section 118(a) of the act is as follows : 'of consideration. - (a) that every negotiable instrument was made or drawn for consideration, and that every such instrument, when ..... testimony of the plaintiff of the documentary evidence produced by him. therefore, he found in his favour on all the issues. 7. now, if we look at section 9 of the act which is as follows : '9. holder in due course. - 'holder in due course' means any person who for consideration became the possessor of a promissory ..... of the court. the learned judge has examined that question in detail and having regard to the definition 'holder in due course' in section 9 of the negotiable instruments act (hereinafter referred to as 'the act') has come to the conclusion, having regard to the oral and documentary evidence of the plaintiff, that the plaintiff was a holder .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-11-1989
Reported in : I(1990)DMC121; ILR1989KAR3048; 1989(3)KarLJ308
..... a specialist in general surgery conducting 15 to 20 operations a week in the hospital at hassan. the respondent preferred a petition for divorce against the petitioner under section 13 of the hindu marriage act, 1955, in the court of the civil judge, hassan, in m.c.no. 2 of 1989. it is further stated that the respondent and the ..... an objection has been taken before the trial court at hassan that it has no jurisdiction to try the case and that she has also filed an application under section 151 of the c.p.c. supported by an affidavit seeking exemption from personal appearance. however, the civil judge at hassan had posted the case for reconciliation proceedings ..... alone and stayed with them...................'in para 8, the respondent has stated as follows:'i also submit that the two proceedings do not together come within the ambit of section 24 of c.p.c. as the nature of relief grantable and jurisdiction to be exercised and enquiry to be made are entirely independent and cannot be blended .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-31-1989
Reported in : ILR1989KAR3083
..... is decreed on itsmerits, sub-rule (5) will not be applicable.the said sub-rule governs a situation, whenthe application is rejected only under thetwo specified circumstances. (b) motor vehicles act & civil procedure code - awards: enforcement - no exclusive machinery provided, c.p.c. applicable, awards being passed by civil courts referred as tribunals - in execution, procedure as forum for appeal as of civil ..... court - full effect to be given to order 21 c.p.c. the motor vehicles act does not providefor any exclusive machinery to enforce theawards. the provisions of the code of civilprocedure are attracted, since the awards areof the civil courts (though referred as'tribunals')...when .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-18-1989
Reported in : ILR1989KAR3455; 1990(1)KarLJ3
..... was the smithy inspector who was responsible for the shortage;(12) in respect of certain other raw materials, the appellant stated that very often there was theft in the carpentry section in respect of spirit polish and there was evidence of hospitalisation of some prisoners for having consumed polish and all thesecontributed to the shortage;(13) as regards colour cotton yarn ..... the disciplinary authority to hold an inquiry or not. elaborating the contention, the learned counsel for the appellant submitted that in cases where the nature of the misconduct or an act of commission or omission on the part of the civil servant is such which does not call for holding of an inquiry such as misconduct by way of unauthorised absence .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-28-1989
Reported in : 1990(26)ECC183
..... annexure 'f' proposing to revoke the approval and demand short-levy of 2% duty ad valorem. this notice was issued invoking the proviso to section 11a of the central excise act, which permits initiation of action within five years from the relevant date, on the ground of fraud, wilful misstatement and suppression of facts and the ..... the relevant period. the learned counsel also sought to support the findings recorded by the assistance collector relying upon the provisions of section 2(f) and 4(c) of the central excises and salt act, 1944, i.e., the definition of 'manufacture' and the definition of 'related person'. the contention of the learned counsel ..... available with the department at all relevant point of time.19. therefore, on these facts, the department could not have invoked the extended period of limitation under section 11a proviso. the conclusion of the first respondent that m/s. garware paints limited, bombay are the deemed manufacturers and as a consequence, their selling price .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-30-1989
Reported in : 1990ACJ688; AIR1990Kant166; 1990(3)KarLJ154
..... insurer against liability by the latter. if such a contract is in respect of a motor vehicle, sub-section (5) and sub-sec. (1)(b) of s. 95 of the act provide that it must cover any liability which may be incurred by him with respect to death or bodily ..... the policy, this is not so when the additional partner joins a partnership in whose name a vehicle is insured.'section 102 of the act is to the effect that death of insured if occurs after the happening of an event giving rise to a claim under ..... who had notice under s. 96(2) is entitled to avoid liability to the party otherwise than in the manner provided for in sub-section (2) thereof. thus, after the insured has parted with his vehicle, he has no longer any insure able interest to which the ..... class of vehicle and in respect of the said pyarejan's vehicle the policy should immune him to the extent specified in the section against any liability which may be incurred by him in respect of death or bodily injury to any person caused by or arising .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-04-1989
Reported in : AIR1990Kant5; ILR1989KAR2425
..... mala fides or excess of power. its exercise rests on materials which are not examinable by courts. indeed it is difficult to imagine how the grounds of section (satisfaction?) under art. 356(1) could be examined when article 74(2) lays down that the question whether any, and if so, what advice was ..... legislators had circumvented the anti defection legislation, the primary aim of which is to discourage the toppling game by legislators by changing their loyalties, and by acting upon those letters the legislators were permitted, in substance, to play the game of toppling the ruling ministry without incurring the consequences of anti-defection law ..... adverting to the facts of the case on hand the learned counsel contended that before submitting his report recommending for the dissolution of the assembly the governor acted with desperate haste inasmuch as on admitted facts there was no demonstrable breakdown of the stale government's machinery. having taken us through the reports of the .....
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