Court : Karnataka
Decided on : Sep-01-1989
Reported in : 1991CriLJ1167; 1989(3)KarLJ414
..... the learned government pleader, the petitioner can seek the payment of the value of the the sold articles, in case ultimately the proceedings under section 6a of the act conclude in his favour. the respondents did not produce any record showing the recording of the reasons prior to the search, nor any material indicating ..... otherwise expedient in the public interest to dispose of the same. therefore, the impugned orders directing the disposal of the seized essential commodities under section 6a(2) of the act cannot be sustained.' 9. therefore, the condition precedent for exercising the power to direct the sale of the seized commodity is the satisfaction of ..... petitioner, as an interim measure. the petitioner further seeks a direction to the second respondent (dy. commissioner) not to proceed under section 6a of the essential commodities act (for short, 'the act') in respect of the paddy and rice seized from the petitioner's premises. by amending the writ petition, one more prayer is sought .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-05-1989
Reported in : AIR1990Kant113; ILR1989KAR3125; 1989(2)KarLJ377
..... be transferable otherwise than by partition among members of hindu joint family for a period of 15 years from the date of commencement of sub-sec. (1) of the karnataka village offices abolition (amendment) act, 1978. thus it would be seen that the amendment is more stringent than the unamendedact inasmuch as it is not open to the original ..... from the statutory mandate contained therein.14. i am of opinion that in the facts and circumstances of the case, the provisions of sub-sec. (3) of s. 5 of the karnataka village offices abolition act, 1961 are strictly and rigidly applicable and in the absence of prior sanction from the deputy commissioner, the alienation which took place on 4 ..... true that the alienation took place on 4-4-1986 which is subsequent to the amendment of the karnataka village offices abolition act, 1961 by amending act of 1978. it is to be seen that under the amended act, under sub-sec. (3) of s. 5, occupancy or the ryotwari patta of the land, as the case may be, re-granted .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-05-1989
Reported in : [1992]73CompCas556(Kar); 1989(3)KarLJ507
..... third respondent had acquired when undisputedly the co-operative society at the time of arising of the cause of action was subject to his jurisdiction under section 70 of the act. therefore, the tribunal was clearly in error in remanding the matter for fresh adjudication by the joint registrar. that was clearly against the well-established ..... no direct bearing on the facts of this case. but nevertheless the principles enunciated may be applied even to proceedings before an arbitrator under section 70 of the karnataka co-operative societies act. in any event, i am of the firm view that the bye-laws amended during the pendency of the arbitration proceedings before the ..... in the order sheet : 'after hearing mr. v. n. ramanand and having regard to clause (b) of sub-section (1) of section 70 that the credit agency could raise a dispute under section 70 of the act may not be disputed (sic). therefore, the only question which falls for determination as already noticed is whether the assistant .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-06-1989
Reported in : ILR1989KAR2715; 1989(3)KarLJ104
..... seeks affiliation is already met by existing educational institutions, it may reject the application; in such a situation, the state may still, step in, while acting under section 53(5) to safeguard the interest of the minorities with reference to article 30 of the constitution. having regard to the situation in the entire state, ..... policy, not falling within the statutory scheme. the extreme stand taken by the state government, that it has an absolute discretion under section 53 of the act and the provisions of section 53 could be overridden by any policy decision, is patently untenable and stramples the doctrine of ultra vires; the attitude that moulded ..... the fundamental rights guaranteed under article 30 of the constitution.'12. in the writ petition of non-minority institution, the question mainly resolved around section 53 of the act; while the petitioner contended that it casts a mandatory duty to grant the affiliation, the respondents contended that the said provision is a directory .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-08-1989
Reported in : ILR1989KAR39
..... calculated by multiplying the number of dwelling units in the group housing and the appropriate ceiling limit prescribed by sub-section (1) to section 4 of the act whichever is less. sub-section (10) of section 4 of the act further provides that where a person owns a part of a building, being a group housing, the proportionate share ..... bank and other institutions and organisations as specified therein. neither respondents 4 and 5 nor the land in question falls within the ambit of section 19 of the act. section 20 of the act empowers the state government to grant exemption to any person to hold vacant land in excess of ceiling limit from the purview of chapter ..... taken into account in calculating the extent of the vacant land held by such person. for the purpose of sub-sections (3) and (10) of section 4 of the act, explanation to sub-section (3) of section 4 of the act defines group housing. according to this explanation, 'group housing' means a building constructed or to be constructed with .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-11-1989
Reported in : [1990]67CompCas154(Kar); ILR1989KAR3135
..... not include a commercial establishment or a shop attached to a factory where the persons employed in the shop fall within the scope of the factories act, 1984'. 36. section 2(e) defines 'commercial establishment' as under: 'commercial establishment' means a commercial or trading or banking or insurance establishment, an establishment or administrative ..... of a chartered accountant or of a firm of chartered accountants cannot be comprehended within the meaning of the expression 'commercial establishment' as defined in section 2(e) of the act of 1961. 70. in dipty kumar basu v. chief inspector (shops and establishments) [1986] 69 fjr 100 (cal), the question for ..... the decision of the question whether the office of a chartered accountant or the office of a firm of chartered accountants is an establishment under section 2(i) of the act of 1961, naturally depends upon the definition of that expression and the definitions of the expression 'shop' and 'commercial establishment' means a 'shop .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-11-1989
Reported in : [1990]67CompCas453a(Kar); 1989(3)KarLJ473; (1990)ILLJ227Kant
..... does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop fall within the scope of the factories act, 1948.' 25. section 2(e) defines 'commercial establishment' as under : 'commercial establishment' means a commercial or trading or banking or insurance establishment, an establishment or administrative ..... office of a chartered accountant or of a firm of chartered accountants cannot be comprehended within the meaning of the expression 'commercial establishment' as defined in section 2(u) of the act of 1961. 59. in dipti kumar basu and others v. chief inspector (shops and establishments) and anr. fir vol. 69. 100, the ..... as observed earlier, the accountancy profession in our country until 1949 when autonomy was conferred on it, was controlled by the government. 9. under section 2(b) of the act of 1949, 'chartered accountant' means 'a person who is a member of the institute'. every member of the institute is entitled to designate himself .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-11-1989
Reported in : I(1990)DMC121; ILR1989KAR3048; 1989(3)KarLJ308
..... a specialist in general surgery conducting 15 to 20 operations a week in the hospital at hassan. the respondent preferred a petition for divorce against the petitioner under section 13 of the hindu marriage act, 1955, in the court of the civil judge, hassan, in m.c.no. 2 of 1989. it is further stated that the respondent and the ..... an objection has been taken before the trial court at hassan that it has no jurisdiction to try the case and that she has also filed an application under section 151 of the c.p.c. supported by an affidavit seeking exemption from personal appearance. however, the civil judge at hassan had posted the case for reconciliation proceedings ..... alone and stayed with them...................'in para 8, the respondent has stated as follows:'i also submit that the two proceedings do not together come within the ambit of section 24 of c.p.c. as the nature of relief grantable and jurisdiction to be exercised and enquiry to be made are entirely independent and cannot be blended .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-13-1989
Reported in : AIR1990Kant87; ILR1989KAR3027; 1989(2)KarLJ540
..... this court in several judicial pronouncements. as against these contentions, the b.d.a. contended that under the notification issued in exercise of its power under sec. 23 of the improvement act, the government had transferred only the streets formed by the board levelled, paved, metalled, flagged, channelled, drained and severed in the manner provided for in ..... by private bodies even though such body or bodies may be a public charitable trust. we derive support from the fact that 'amenity' in sub-sec. 2(b) of the b.d.a. act was added to by cl. (bb) 'civic amenity'. that itself provides a clue to the definition 'civic amenity' which in its normal meaning ..... came within the jurisdiction of corporation by virtue of the notification issued by the government under clause (9) of sec. 3 of the bangalore corporation act, and the site vested in the corporation under sec. 71-a of the act, the corporation was under an obligation to retain that site as children'splayground and could not divert it for .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-18-1989
Reported in : ILR1990KAR522
ORDERK.A. Swami, J.1. On the previous date of hearing this Writ Petition was heard. However it came to be adjourned on the request of the learned Counsel for the petitioner to enable the petitioner to place on record the developments that have taken place subsequent to filing of the petition. Accordingly, further hearing of the petition was adjourned by the order dated 8-9-1989. Consequently, the petitioner has filed the additional statement bringing to the notice of the Court the hardship that would be caused to her in case her admission to the Government Medical College, Mysore is cancelled and she is transferred to other University. On the additional statement of facts filed by the petitioner the respondents are also heard.2. The petitioner secured less than 50% marks in PUC in Physics subject. Therefore she continued her studies for B.Sc., she passed B.Sc., with C.B.Z. subjects securing 74.1% marks and scoring 50% in each of the subjects i.e., C.B.Z. Thereafter, she sought for admi...
Tag this Judgment!