Court : Karnataka
Decided on : Apr-11-1989
Reported in : AIR1990Kant97; 1989(2)KarLJ202
..... no statutory obligation on these authorities to grant lease in contravention of rules relating to mines act and other mandatory provisions contemplated under the explosives act; law relating to environment and ecology, pollution control act, forest preservation act, wild life protection act, which impose serious restrictions.referring to the facts of each case, respondents deny or do ..... given under proviso to s. 38 of the mysore land revenue code and board standing orders of the erstwhile state of madras.15. section 38 of the land revenue act' (code) reads thus :'right to metals and minerals to vest in government-- unless it is otherwise expressly provided by the terms of ..... the government and the government shall have all the powers necessary for the proper enjoyment or disposal of such rights :--provided that :(i) nothing in this section shall be deemed to apply to limestone, granite and such other ordinary minrals, as the government, by notification in the official gazette, may from time .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-13-1989
Reported in : ILR1989KAR2277; 1989(2)KarLJ161
..... a human problem of the multitudes and also the problem of rural india peculiar to hindu society. thought explosion precedes social revolution and the thinking is one of preferential treatment to the less fortunate and weaker sections who are the victims of neglect through centuries.the incursion of institutionalised lethargy is detrimental to national interest as ..... consideration from each of respondents-4 to 6 who are the original grantees. the assistant commissioner issued notice to the petitioner under the provisions of section 5 of the act and, after an enquiry, held that the transfer of land is null and void and ordered taking over of possession of the lands by evicting ..... by any interested person or on information furnished in writing by any person or even suo moto after due enquiry by the competent authority under the act.the act may be described as the product of a restructure of property rights in a developing society against the setting of the egalitarian order envisaged by the .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-27-1989
Reported in : ILR1990KAR376; 1990(3)KarLJ499
..... and registered crime no. 71/89 against sri v. ramaswamy and crime no. 72/89 against sri d. soundararajalu for offences punishable under section 5(3)(b) of the explosives act, 1884 (for short 'the act') and took up investigation of the said cases. in the meanwhile b.e.m.l. nagar police reported the seizure of the said fire ..... works and sparklers to the jurisdictional magistrate. immediately smt. shamaladevi and sukanya have filed separate applications under section 457 of the code of criminal procedure ..... each case forthwith.4. sri s.p. shankar, learned counsel for the petitioner urged the following points:-i) that section 5(3)(b) of the explosives act, 1984 is no longer on the statute as it is repealed by act 32 of 1978; ii) that the petitioners are owners of the goods seized from the house/shop called kamadhenu .....
Tag this Judgment!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!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 .....
Tag this Judgment!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!Court : Karnataka
Decided on : Jan-18-1989
Reported in : ILR1989KAR1029; 1989(1)KarLJ302
..... the tenant. in the circumstances of the case, the ratio of the decision cited is not applicable in this case.4. a combined reading of clause (a) of section 21(1) of the act and rule 28 of the rules discloses the legislative intent to permit a quicker and less expensive manner of service of notices required to be given under the ..... contemplated under the rules, it cannot be held to be a valid notice. i am unable to agree with this contention. what is contemplated under clause (a) of section 21(1) of the act is that in order to seek protection from eviction on the ground of default in payment of rent, the tenant should pay the whole of the arrears of ..... is directed against the concurrent findings and orders of the courts below allowing the landlord's claim for eviction of the tenant on the ground under section 21(1)(a) of the karnataka rent control act, 1961.2. both the courts have on proper appreciation of the evidence on records, found that the tenant did not pay or deposit the arrears of .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-18-1989
Reported in : ILR1989KAR1239; (1989)IILLJ192Kant
ORDER1. In view of the fact that these petitions can be disposed of on a short point the same are taken up for final hearing. 2. In these petitions under Article 226 of the Constitution the petitioners have sought for issuing a Writ of Mandamus directing the respondents to consider the case of the petitioners for promotion to the post of I Grade Revenue Inspectors in accordance with law and if found eligible to promote them from the date of placing them in additional charge and give all consequential benefits from 6th March 1980 and 19th March 1980 respectively. 3. It is not in dispute that in accordance with the Cadre and Recruitment Rules of Bangalore City Corporation of the year 1971, a post of I Grade Revenue Inspector has to be filled up by promotion from the cadre of II Grade Revenue Inspectors. The petitioners in W.Ps. 12393 to 12397 and 12400 were placed in additional charge of the post of I Grade Revenue Inspectors on 6th March 1980 as per Annexure-A. The petitioners in W.Ps. ...
Tag this Judgment!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 .....
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