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 : Feb-24-1989
Reported in : [1989]74STC51(Kar)
..... 4. the case of dilip kumar peppermints arose by way of appeal against the order of suo motu revision by the commissioner of commercial taxes, under section 22a of the state act. the lower authorities had exempted lisa sugar from tax as 'sugar' was an exempted item under entry 31b of the fifth schedule and in their view ..... in dilip kumar peppermints v. state of karnataka [1986] 63 stc 143. the authorities treated lisa sugar as general goods and proceeded to tax under section 5(1) of the state act. though the assessee had a right of appeal to the deputy commissioner, he has presented this petition questioning the legality of the order, for the ..... assistant commissioner of commercial taxes (appeals), belgaum, the following question of law arises for consideration : whether lisa sugar is declared goods under section 14(viii) of the central sales tax act ('c.s.t. act' for short), and if answer to the said question is in the affirmative, whether there is authority for levy of tax under the .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-01-1989
Reported in : ILR1989KAR1328; 1989(2)KarLJ372
..... course of official duty, is authorised to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section.'section 76 of the evidence act applies to that class of public documents which any person has a right to inspect. in other words, it gives a right to obtain certified copies ..... is based on the common law right in so far it is necessary to protect his right or interest. this common law right is incorporated in section 76 of the evidence act, which reads thus:'every public officer having the custody of a public document, which any person has a right to inspect, shall give that ..... contention on the ground that the selection proceedings are public proceedings recorded by the public authority, therefore the records of those proceedings become public documents under section 74 of the evidence act. therefore, the petitioner is entitled to the copies of the same on payment of necessary fee.8. whether the records of selection proceedingsare public .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-02-1989
Reported in : ILR1989KAR1166; 1989(1)KarLJ357
..... set-back and that the notice was rather ambiguous.3. the petitioner received one more notice dated 18-9-1986 threatening action under section 462 or under section 463 of the karnataka municipal corporation act. however, according to the petitioner, this notice also did not clarify the area in respect of which the petitioner had violated the ..... on 12-11-1986, it is stated that a corporator made a representation on behalf of the petitioner to the mayor to compound the offence under section 27 of the karnataka municipal corporation act but it was unsuccessful.4. aggrieved by the action of the corporation under annexures 'c' arid 'g' for want of alternative remedy, the ..... the corporation in regard to the commencement certificate and in the absence of any evidence of public safety being in any manner endangered or the public or a section of the public being in any manner inconvenienced by reason of the construction of the building, whatever may be the personal grievance of the 1st respondent, .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-03-1989
Reported in : AIR1990Kant175; ILR1990KAR745; 1989(2)KarLJ117
..... suits on behalf of the plaintiff. what is more an agreement for setting-off of the said sum towards defendant's liability under the suit pronote was put forward and acting upon the same the defendant actually tendered the balance of the suit claim due after setting-off of what was due to him. the defendant actually paid court-fee on ..... become a plaint until the sum sought to be set off is ascertained by the court to be legally recoverable by the defendant therefore, the fact that the court-fees act enjoins immediacy in the matter of payment of court-fee has little bearing on the question arising for consideration herein. 21. i may in this connection refer to a decision ..... which event the written statement in such a suit will bear the characteristic of a plaint in a cross suit. 9. in this connection ss. 11 and 14 of the act may be read s. 11(1) stipulates in every suit instituted before any court, the courtshall decide the correctness of the court-feepaid on the plaint before registering the .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-10-1989
Reported in : (1989)80CTR(Kar)15; ILR1990KAR404; [1989]180ITR585(KAR); [1989]180ITR585(Karn)
..... it is at this stage that the petitioner chose to withdraw the appeals preferred before the appellate tribunal and desired to approach the settlement commission under section 245m of the act. as the matter was of considerable complexity, permission to withdraw the appeals was granted. the petitioner filed applications before the settlement commission for the ..... opportunity to surrender and to have the matter settled through the settlement commission. the decision of the settlement commission is made final and conclusive by section 245-1 of the act. 18. even so, as regards the first question, it should be remembered that the power of judicial review of administrative action including those ..... accordingly. 23. as far as the present case is concerned, there is neither violation of any mandatory procedure prescribed under any of the sections of chapter xix-a of the act nor any violation of any of the rules of natural justice. further, it cannot be said that the reasons assigned by the settlement .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-15-1989
Reported in : ILR1989KAR1741; 1989(2)KarLJ295
..... plea of malafides in the action taken by the state government.16. this contention of the learned counsel overlooks the difference in the language of section 30 of the act and 30a of the act. under section 30(1)(b), the registrar of the co-operative society, if in his opinion finds that a co-operative society is not functioning in ..... be extension of the executive branch of the government and no more. it is only in circumstances which are contemplated in sub-section (1) of section 30 of the act, in a situation arising under section 30 of the act, that either the registrar of co-operative societies or the state government is empowered to supersede or replace the elected board of ..... continue in office till the disposal of the writ petition. but the state government on 7-5-1983 once again exercised the power under section 30a of the act by taking shelter under section 121 of the act. that order also came to be challenged in two writ petitions nos. 9413 of 1983 and 9235 of 1983 and both the writ .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-21-1989
Reported in : ILR1989KAR1408
..... drawing a basic pay of rs. 2,920/-. it is stated that he is not a workman within the meaning and definition of 'workman' under section 2(s) of the industrial disputes act, 1947.3. it is stated that the petitioner was an activist in the dsp officers association and he was elected as its general secretary for the ..... that the right of promotion which was available to him in the concerned channel of the parent department was not imperilled by his transfer to bangalore to a different section. the fact remains that had the petitioner continued at durgapur, respondents-3 and 4 being juniors to the petitioner at the relevant point of time when the petitioner ..... when the petitioner was general foreman at dsp. the petitioner has alleged that respondent-3, who was junior to him, is today occupying the post of superintendent in the section mill. similarly, it is alleged by the petitioner that respondent-4, who was also a foreman in the skelp mill is also promoted as superintendent in the said mill .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-22-1989
Reported in : ILR1989KAR1268; 1989(1)KarLJ309
..... which he desires. the three categories are independent of each other and the status of a person has to be determined in accordance with the norms laid down in section 3 of the act. merely this fact that a person falls in the definition of small farmer but the property of his has a very high marketvalue would not mean that he ..... view taken by the learned single judge is more plausible and in consonance with the intention of the legislature in bringing this legislation.12. in the 1976 act it is true that the definition 'weaker section' does not indicate anything more than saying that income from all sources should not be more than rs. 2,400/- per annum, but that by ..... . the ordinance issued in 1979 has to be replaced by the bill.4. it has become therefore necessary to amend the provisions of the act to help the weaker sections of the people as defined in the act. hence the bill.'10. thus it is quite evident that the whole intention of the aforesaid legislation was to protect the three types of .....
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