Court : Karnataka
Decided on : Apr-20-1989
Reported in : [1991]72CompCas211(Kar)
..... land ceiling, bangalore, in u.l.c. no. 8(9)/83-84. the petitioner had made a representation in response to the notice under sub-section (1) of section 8 of the ceiling act under which he was called upon to appear before the competent authority on october 28, 1985, with all the relevant documents, etc., for an enquiry under ..... wide enough on the facts and circumstances of these cases and, on the basis of the memos of compromise filed by the parties to make suitable provisions under section 402 of the act read with rule 9 of the companies (court) rules, !959, to bring about an amicable settlement to the longstanding dispute between the parties.43. from the ..... of the proceedings of the general body should be kept at the registered office and made available for inspection and for taking abstracts by the members under section 196 of the act and that the said ramaraju was also entitled to inspect all books of account, papers including minute books of the directors and other records of the company .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-21-1989
Reported in : AIR1990Kant121; ILR1989KAR2095; 1989(2)KarLJ131
..... . the findings of the trial court on the question of nuisance appear to be lop-sided. in this regard, it is necessary to refer to section 21(1)(d) of the act which reads thus:--'21. protection of tenants against eviction.-- (1) notwithstanding anything to the contrary contained in any other law or contract, no order or decree for the ..... section 21 (1)(d) of the act is private nuisance of tortious nature. the liability for nuisance is based on the principle that no ..... misdirection of the trial court is that the tenant should be guilty of nuisance or annoyance and that the act complained of must be deliberately or purposely done by the tenant who is sought to be evicted under the provisions of section 21(1)(d) of the act.18. it may be said that the word 'nuisance' or 'annoyance' referred to in .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-29-1989
Reported in : ILR1989KAR1595
..... regard to the national and constitutional importance of the question arising for consideration in these petitions, the matters were referred to division bench under section 9 of the karnataka high court act. the division bench in turn, referred questions relating to the constitutional validity of the government order, to full bench under ..... section 7 of the act. before the full bench, the contentions of the petitioners in these petitions was that having regard to the fundamental right guaranteed under article ..... creating facilities for the linguistic minorities provision shall be made for teaching their mother-tongue subject to the prescribed conditions.' english medium schools or english medium sections in the existing primary schools may be opened with the permission of the director for the benefit of the following categories of students:(i) students whose mother .....
Tag this Judgment!Court : Karnataka
Decided on : May-29-1989
Reported in : ILR1989KAR3363; 1989(2)KarLJ189
..... state in exercise of its power of eminent domain for public purpose. it should be acquired in accordance with law as per the provisions contained in the land acquisition act. article 300a of the constitution ensures and guarantees a right to property and it specifically provides that no person shall be deprived of his property save by authority ..... go into broader aspects as to the effect of omission of clause (f) of article 19(1) and insertion of article 300-a of the constitution (forty-fourth amendment) act, 1978. further the plaintiff is deprived of the property by the state without recourse to law. admittedly, there was no acquisition proceeding. atleast in the court below the ..... any objection is not entitled to seek an order of mandatory injunction or a permanent injunction. if the state is allowed to do such act, it would amount to putting a premium on the illegal act of the state. the action of the state may have a laudable object but it has to be accomplished in accordance with law. .....
Tag this Judgment!Court : Karnataka
Decided on : May-30-1989
Reported in : ILR1990KAR717; 1989(2)KarLJ245
..... a careful reading of the order passed by the tahsildar under annexure-a on 13-3-1981 persuades me to the inference that it is an order passed under section 5 of the act and it is precisely under the same provision the applications were filed by the vendors of the petitioners for regrant. in the light of the order of regrant ..... was under consideration in the said case was the effect of an order passed under section 7 of the act with reference to the amendment of the act in 1978. in the instant case, we are concerned with the effect of an order passed under section 5 of the act in respect of an application which is anterior to 1978, but disposed of subsequent to ..... precisely state the relevant provision applicable to the facts and circumstances. in the body of the order passed in 1981, three provisions of law have been mentioned and they are sections 5, 6 and 7 of the act. just a casual reading of these three provisions of law would convince any reasonable person that what is contemplated under .....
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 : Jun-03-1989
Reported in : ILR1989KAR2016; 1989(2)KarLJ610
..... vested with the special deputy commissioner for abolition of inams and he was the authority to adjudicate upon and decide about the quantum of compensation, vide section 20 of the act. section 31(3) makes the order of the special deputy commissioner final and cannot be considered in these proceedings. therefore the contention of the learned counsel ..... occupancy rights of such tenanted lands is conferred on the tenants and the liability of the tenants to pay rent to the inamdars ceased.5. whereas under section 9a of the act, the ordinary tenants of the inamdars, who do not come under the category of either kadim tenants or permanent tenants, are continued as actual cultivators ..... the claim if compensation on this basis has not been awarded in respect of lands in regard to which persons were continued as tenants under section 9-a of the act, before the competent authority and it is for the competent authority to consider the validity thereof and adjudicate upon it in accordance with law.5 .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-03-1989
Reported in : I(1990)ACC127; [1989(59)FLR778]; ILR1989KAR2001; 1989(2)KarLJ227; (1990)IILLJ195Kant
..... divergence of opinion on the point. in order to appreciate the point, it is necessary to refer to the relevant provisions of the factories act. 13. section 51 of the factories act provides that no adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week and ..... terms of the settlement entered into between the workmen and the appellant, they constitute wages and fall within the first part of the definition under section 2(22) of the act. 11. learned counsel for the appellant, however, submitted that there was a specific condition in the settlement itself to the effect that these allowances ..... for two periods and to the maximum extent of hundred per cent, for two subsequent periods. aggrieved by the order, the appellant presented an application under section 75 of the act before the employees' insurance court, which was numbered as employees' state insurance application no. 12 of 1979. in another proceeding initiated against the appellant, the .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-06-1989
Reported in : AIR1990Kant192
..... is presented under s, 54(1) of the land acquisition actagainst the judgment and award in landacquisition reference under s. 18 and s. 31(2)of the land acquisition act (the act forshort). 2. the facts of the case in brief are as follow :3 acres 9 guntas of land in sy. no. 104 of ulsoor village was purchased from ..... counsel for the appellant contended that the view taken by the court below that only a person who had interest in the immovable property acquired under the land acquisition act can participate in the proceedings and claim apportionment of the compensation to be determined by the court, was erroneous. he submitted that even though a person may not ..... of the compensation, he referred the matter to the civil judge under s. 31(2) of the act. there was also a reference under s. 18 at the instance of the appellant as well as rcspondent-4 for enhancement of the compensation. section 18 reference was allowed and the compensation was enhanced to rs. 50/- per square yard. the appellant .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-13-1989
Reported in : ILR1989KAR2112; 1989(2)KarLJ148
..... mortgage. if it really intended to confer such jurisdiction also, the legislature would not have failed to make a specific provision in the 1976 act similar to section 13 of the 1980 act.17. in goudappagouda thimmappa gouda patil v. the sub divisional magistrate, bailhongal and anr., a division bench of this court has held thus:' ..... may be necessary. the order of the sub-divisional magistrate or the taluka executive magistrate as the case may be is made final under sub-section (6) of section 5 of the act. no legal practitioner is allowed to appear before them. pending determination, they are also empowered to direct the creditor not to sell or ..... a proceeding before the sub-divisional magistrate or a taluka executive magistrate. therefore, having regard to the provisions contained in clause (f) of section 4 and section 5 of the 1976 act, the sub-divisional magistrate or the taluka executive magistrate can exercise the jurisdiction only in respect of cases wherein there is no dispute as to .....
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