Court : Karnataka
Decided on : Aug-21-2003
Reported in : ILR2003KAR3871
..... be entitled to receive the rent, if the premises were let to a tenant.' the relief sought by the respondent in the present case is under section 27(2) (r) of the act and section 27 speaks in terms of a petition presented by a landlord and landlord is defined in a very broad sense and it includes a person who ..... landlord could terminate the tenancy and institute the suit for eviction. the tenant in such a suit is estopped from questioning the title of the landlord under section 116 of the evidence act. the tenant cannot deny that the landlord had title to the premises at the commencement of the tenancy. under the general law in a suit between landlord ..... if eviction is ordered. the court-below considered relative merits of the contentions urged by both sides, passed an order allowing the eviction petition under clause (h) of section 21(1) of the act. being aggrieved, the petitioner-tenant has come up in this revision. 3. i have heard the learned counsel on both sides.4. mr. v.b.shivakumar, .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-20-2003
Reported in : 2003(3)KarLJ281
..... than 5 years ago, the maximum period to which a successor of the original tenant can succeed to the right of tenancy having already elapsed, section 5 of the act is applicable to the present case. 4. the question then arises whether the statutory right of tenancy that accrued to the legal representatives of ..... any person continuing in possession after the termination of his tenancy, but does not include any person to whom a licence as defined in section 52 of the indian easements act, 1882 (central act 5 of 1882) has been granted'. the definition clearly eschews from its ambit the legal representatives of the deceased tenant. a legal representative ..... before the additional munsiff, judicial magistrate first class at chikmagalur. the learned munsiff allowed the eviction petition under clauses (h) and (i) of section 21(1) of the repealed act. the legal representatives of the deceased tenant took the matter in revision before the district judge, chikmagalur in revision petition no. 10 of 1997. .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-17-2003
Reported in : AIR2004Kant126; 2003(6)KarLJ303
..... of the property in the municipal area in such manner as may be prescribed. the state government had framed rules to give effect to provisions of section 45-b of the act. the rules were known as the karnataka stamp (constitution of committee for estimation of property) rules, 1992. rule 3 provided for constitution of the committee ..... and vacant house sites. the estimated market value prepared by the committee required to be published as envisaged under rule 7 of the rules. section 45-b of the stamp act substituted by act no. 8 of 2003, which has come into force with effect from 1-4-2003. under the amended provision the state government is ..... delegate, as the case may be -- in such matters'.33. the legislative competence of the state legislature to enact the impugned legislation, adoption of section 45-b of the karnataka stamp act, for the purpose of computing the taxable value for land/vacant sites and the amended legislation is confiscatory, arbitrary, etc., were the only issues canvassed .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-07-2003
Reported in : ILR2003KAR4273; 2004(3)KarLJ175
..... of india. in other words, the employees are entitled to now 10 days of holidays out of which five festival holidays, five holidays specified under section 3 of the act.10. sub-section (2) of section 3 provides that whenever there is any disagreement between the employer and employees or the trade unions concerned as to the festivals to be allowed as ..... on a sunday, the non-working day or a half day such a dispute would be fully outside the jurisdiction of the inspector as contemplated under sub-section (2) of section 3 of the act.12. in the background of these if we look into the facts of this case, the petitioner has declared 10 full paid days as per annexure ..... are entitled to the aforesaid right or privilege which are more favourable in the earlier years, cannot be taken away for the year 2003 which is prohibited under section 11 of the act and therefore seen from any angle the impugned order is valid, legal and do not call for any interference.6. in view of the aforesaid rival contentions, .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-03-2003
Reported in : 2003(5)KarLJ26; (2003)IIILLJ861Kant
..... from 1-11-1996 for workers employed in any employment in beedi manufacturing industries in exercise of power conferred on them under sub-section (1)(b) of section 3 read with sub-section (2) of section 5 of the act and the same was published in the karnataka gazette, notification no. ld 2'49 lmw 93, bangalore, dated 24th october, ..... statutory minimum wages also the financial capacity of the industry may not be a relevant consideration. however, what is authorised to be fixed under section 3 read with section 4 of the act as statutory minimum wages should be such as would be sufficient not merely for the subsistence of the life of the employee but also for ..... the general interest of the public. this is one of the directive principles of state policy embodied in article 43 of the constitution. the material provisions of the act contained in sections 3, 4 and 25 are held to be constitutionally valid by a constitution bench of the supreme court in bijay cotton mills limited v. state of ajmer, .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-06-2003
Reported in : 2003(6)KarLJ236
..... exhaustive inasmuch as the word defined is said to mean a certain thing, it is possible for the word to have a somewhat different meaning in different sections of the act depending upon the subject or context. in the light of these decisions i am of the view that notwithstanding the context in the definition, still the ..... petitioner would be a teacher within the meaning of section 2(12) of the act.12. further, i must notice the contention of sri ashok haranhalli, learned counsel for the respondents. he invites my attention to the judgment of ..... petitioner could still be excluded as argued by the other side in the light of the definition reading as 'unless the context otherwise requires'.section 2(12) reads as under:'2. definitions.--in this act unless the context otherwise requires.- xxx xxx xxx 2(12) 'teachers' include professors, readers, assistant professors, lecturers and such other persons .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-27-2003
Reported in : (2003)185CTR(Kar)417; [2004]265ITR498(KAR); [2004]265ITR498(Karn)
..... same/similar grounds in the case on hand.7. the petitioner's essential contention is that the buyers of arrack are excluded under explanation to section 206c(6) of the act inasmuch as the buyers do not obtain arrack through auction warranting any deduction at source.8. notices have been issued and the respondents have filed ..... of the standing instructions no deduction should be made. the petitioner says that the petitioner was therefore, under the bona fide impression that the provisions of section 206c of the act would not apply when arrack is lifted by various buyers.6. notice was issued to the petitioner on 20th oct., 2000, by the respondent asking for ..... petitioner certain queries with regard to excise trade. the petitioner submitted its reply in terms of annex. 'd'. thereafter, the first respondent passed orders under section 206c(6) of the act for the years 1995-96 to 2000-2001. according to the order, the excise contractors obtained arrack by way of auction and the prices at which .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-26-2003
Reported in : 2003(3)KarLJ592
..... viewed from this angle i have no doubt in my heart and mind that the landlord is entitled to an order of eviction under clause (j) of section 27 of the present act. in the peculiar circumstances of the case, i do not find any illegality or irregularity in the order of the court below which has recorded the same ..... his spouse or dependent son or daughter living with him had acquired vacant possession of a residence, the order of eviction passed by the court below under section 21(1)(p) of the repealed act cannot be sustained. the learned senior counsel mr. g.s. visweswara submitted that the various release deeds executed between the members of the tenant's family ..... are owning properties at bangalore and, therefore, he does not require the premises and that she is entitled to an order of eviction under clause (p) of section 21(1) of the repealed act. the court below framed an issue on this aspect of the case at issue (3) which reads thus:'(3) whether the petitioner proves that respondent has .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-17-2003
Reported in : ILR2003KAR3104; 2004(2)KarLJ375
..... and matters connected therewith.a member's is defined to mean member of zilla panchayath or a taluk panchayat elected under the karnataka panchyat raj act, 1993.13. section 3 of the act provides for disqualification on the ground of defection. the provision under which petitioner is disqualified from being a member of zilla panchayat by the impugned ..... order is section 3(1) (b) of the act read with section 4 of the act. section 3(1)(b)of the act reads as under.'section 3(1) subject to the provisions of section 3a, 3b and 4, a councilor or a member belonging to any political party, ..... and upadhyksha of zilla panchayat elections. if this conclusion of mine is correct, then it could be safely said that the ingredients of provisions of section 3(1)(b) of the act are not satisfied and therefore, the respondent authority was not justified in passing the impugned order.24. in my view, the impugned order of the .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-16-2003
Reported in : (2004)188CTR(Kar)68; ILR2003KAR4756; [2004]266ITR20(KAR); [2004]266ITR20(Karn)
..... so on, but no loss shall be carried forward for more than six years.''provided that, in case of loss sustained before the commencement of this act, this section shall apply only to such loss as was sustained in the previous year immediately before such commencements.provided further that no loss, which has not been determined ..... 1996-97. the set off loss and unabsorbed depreciation claimed were allowed by the assessing authority while concluding the assessment under section 19(3) of the act. subsequently, a notice under section 37 of the act was issued to withdraw the set off of the loss claimed for the assessment year 1996-97 in view of belated filing ..... been made by the second respondent. the loss determined in the assessment have been allowed to be carried forward in terms of section 15 of the act. section 15 was amended by the karnataka taxation laws (amendment) act, 1990 retrospectively w.e.f. 1-4-1987. petitioner filed the annual returns for the assessment year 1995-96 claiming total .....
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