Court : Karnataka
Decided on : Sep-19-2003
Reported in : ILR2003KAR4511
..... selection with the high court itself....'in paragraph 67 the apex court has unequivocally held as under:-'the plain and grammatical meaning of the words used in section 4 quoted above unequivocally indicates, that it is a law relating to recruitment/appointment and as such, once it is held that the power of recruitment ..... (recruitment) rules, 1983 (hereinafter referred to as 'kjsr rules') are applicable.7. 'judicial service' is distinct from 'civil service'. kjsr rules being comprehensive and kscs act being general in nature, the comprehensive rules will have to be applied to the judicial service. at the same time, two statutes cannot be made applicable to single service ..... true that under article 309 of the constitution, the recruitment and conditions of service of the members of the subordinate judiciary are to be regulated by the acts of the appropriate legislature and pending such legislation, the president and the governor or their nominees, as the case may be, are empowered to make rules .....
Tag this Judgment!Court : Karnataka
Decided on : May-28-2003
Reported in : ILR2003KAR2682; 2004(3)KarLJ122
..... the land for a different purpose than what is mentioned in the odp, he has to apply and obtain permission from the planning authority under section 14a of the act which reads section 14a change of land use from the outline development plan(i) at any time after the date on which the outline development plan for an ..... annexure h is quashed and the planning authority is directed to dispose of the application filed by 3rd land 4th respondents for change of land use under section 14a of the act after hearing the petitioners and such other residents of the locality who have already filed objections. until the said application is decided, the 3rd and ..... purpose of putting up a college. the 3rd respondent has also clearly understood this position of law when he made the application under section 14a of the planning act. as required under the said section, planning authority published the contents of the application on 5.6.2002 in local dailies and inviting objections. the residents of the locality .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-12-2003
Reported in : ILR2003KAR4003; 2004(1)KarLJ466
..... has not placed any foundation or basis for such a contention. under these circumstances, in our view, the classification of financial institutions defined under section 2(5a) of the act and others is a reasonable classification and has a direct nexus with the object sought to be achieved. it is necessary to point out that ..... shall be deductible from the income, under the respective heads, of the credit institution assessable for that assessment year; and also the provision made under section 26c of the act to pass on the interest-tax paid by the credit institution to its customers notwithstanding the agreement made fixing the rate of interest, supports the ..... tax is sought to be levied on them uniformly. elaborating this submission, the learned counsel pointed out that all the credit institutions defined under section 2(5a) of the act are not similarly situated and there are big financial institutions like state bank of india where large deposits are accounted for by the current account .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-04-2003
Reported in : 2003(6)KarLJ160
..... the landlord. he has filed this revision petition against the order dated 18-11-1999 passed by the trial court dismissing his eviction petition filed under section 21(1)(h) of the karnataka rent control act, 1961.2. the petitioner filed petition seeking eviction of the respondent from the petition schedule premises on the ground that he requires the same for self ..... framed by it. after the death of landlady, it is not in dispute that petitioner was collecting the rents from the respondent. as per the definition under section 2(h) of the karnataka rent control act, he is the landlord. the respondent has not stated who is his landlord after the death of original landlady. except the petitioner, no other person came .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-17-2003
Reported in : (2004)187CTR(Kar)428; ILR2004KAR482; [2004]267ITR29(KAR); [2004]267ITR29(Karn)
..... on such examination if the revisional authority is satisfied that the appellate authority has failed to exercise the power conferred on it under sub-section (5) of section 32 of the act either by annulling the order of assessment of enhancing the tax levied by the original authority while considering the appeal filed by the assessee ..... of assessment and direct the assessing authority to make a fresh assessment, after such further enquiry, as may be directed. therefore, reading of sub-section (5) of section 32 of the act does not give scope for any doubt that very wide power is conferred on the appellate authority and it is competent to modify, confirm, reduce ..... out that even if the portion of the original order was appealed against, since the entire matter was before the appellate authority; and sub-section (2) of section 35 of the act empowers the appellate authority to modify the order of the assessing authority to the extent it is erroneous and prejudicial to the interest of revenue, .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-29-2003
Reported in : ILR2003KAR1604
..... not inclined to give any finding and leave it to the state to deal with it in accordance with law. right at the outset we had extracted section 48 of the act. section 48 gives liberty to the state government to withdraw from acquisition any land on which possession has not been taken.51. in these circumstances, we direct ..... the land owners and held that in the light of the aforesaid discussion the conclusion becomes inevitable that the action of dispensing with the inquiry under section 5-a of the act in those cases was not based on any real and genuine subjective satisfaction depending upon any relevant data available to the state authorities at the ..... limited's case reported in 1998 scc 1608. the supreme court pronounced that it has been repeatedly held that writ petition challenging the notification issued under section 4 & 6 of the act is liable to be dismissed on the ground of delay and laches if challenging is not made within a reasonable time. challengers to acquisition proceedings .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-12-2003
Reported in : (2003)185CTR(Kar)15
..... shall be deductible from the income, under the respective heads, of the credit institution assessable for that assessment year; and also the provision made under section 26c of the act to pass on the interest-tax paid by the credit institution to its customers notwithstanding the agreement made fixing the rate of interest, supports the ..... that the appellant having failed to place any material to show that the provisions in question are either arbitrary, unreasonable or discriminatory in nature, and since section 26c of the act provides for the assessee, viz., the credit institutions, to pass on the interest-tax payable by it to the borrowers of the terms loan; ..... tax is sought to be levied on them uniformly. elaborating this submission, the learned counsel pointed out that all the credit institutions defined under section 2(5a) of the act are not similarly situated and there are big financial institutions like state bank of india where large deposits are accounted for by the current account .....
Tag this Judgment!Court : Karnataka
Decided on : May-26-2003
Reported in : 2003(4)KarLJ445; (2003)IIILLJ1042Kant
..... other words, both the remuneration received during the working hours and overtime constitute a composite wages and thereby it is a wage within the meaning of section 2(22) of the act'.(emphasis supplied)11. it may also be noted that other additional remuneration, if any, paid at intervals, not exceeding two months, is also 'wages ..... following observation made by it:'14. though there is no independent discussion of the matter by the supreme court, their lordships have approved the interpretation given to section 2(22) of the esi act by the bombay high court (employees' state insurance corporation, nagpur v. model mills limited, nagpur, (1974) 45 fjr 538 (bom.)) and we ..... and 'c-19' came to be issued by the corporation claiming contribution on said wages. so, the respondent filed an application before the employees' insurance court under section 75 of the act, requesting to set aside the said forms 'c-18' and 'c-19'. accordingly, the employees' insurance court set aside the forms 'c-18' and 'c .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-18-2003
Reported in : ILR2004KAR593
..... acquisition. whether the said lands are really required for public purpose or not is to be examined with reference to the provisions of the act.under section 28(1) of the act if in the opinion of the state government any land is required for the purpose of development of the board in furtherance of the object ..... land acquisition officer and again orders were passed overruling the objections of the land owners. on the basis of the said orders, final notifications under section 28(4) of the act were issued. in the writ petitions challenging the said procedure adopted by the special land acquisition officer, this court quashed the final notifications reserving liberty ..... the learned counsel for the petitioners submitted that the very purpose for which the lands are required is not notified in the notification issued under section 28(1) of the act and they came to know the purpose for acquisition only after the respondents have filed the statement of objections and therefore, they are deprived of .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-17-2003
Reported in : ILR2003KAR2779
..... respondents 1 to 3 during the years 1972 to 1977 and in view of the same, the petitioner -factory has suffered loss. the director of sugar ordered enquiry under section 64 of the act on 29.5.1981 and in pursuance of the said order, the joint registrar of co-operative societies, belgaum, after conducting enquiry as envisaged under the relevant provisions ..... loss to the tune of rs. 2,03,108.08. in pursuance of the said report, the director of sugar has passed an order dated 31.3.1989 under section 68 of the act. after passing the said order and after satisfying himself regarding the maintainability of the dispute, he has referred the matter to respondent no. 4 for disposal. this fact ..... to the tune of rs. 2,03,108.08. the said report was accepted by the director of sugar and further orders were issued on 31.3.1989 under section 68 of the act to take suitable action for recovery of the said amount from respondents 1 to 3 as per the report. on the basis of the enquiry report submitted under .....
Tag this Judgment!