Court : Karnataka
Decided on : Sep-19-1989
Reported in : [1991(62)FLR376]; ILR1990KAR550; (1991)IILLJ217Kant
..... of the university and to consider the annual accounts and audit reports of the university including the subjects mentioned in sub-section (2) of section 23 of the act. clause (m) of section 35 of the act provides for framing statutes relating to conditions of service including emoluments of the employees of the university. the procedure for ..... to the staff of the university, oriental research institute and the institute of kannada studies may be made by the same recruitment committee as per section 50 of the act, but the conditions of service, qualifications for the post, the promotional avenue, the scale of pay and the duties performed by the academic staff ..... teachers and the academic staff. the senate of the mysore university in exercise of its power conferred by clause (h) of sub-section (2) of section 23 read with clause (m) of section 35 of the act has made the statutes known as 'the mysore university employees (conditions of service) statutes, 1984' (hereinafter referred to as 'the .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-21-1989
Reported in : ILR1990KAR390; 1990(3)KarLJ520
..... petitioner that civic amenity site cannot at all be used for installation of sewerage treatment plant is based on the definition of the expression 'civic amenity' occurring in section 2(bb) of the act. according to the said definition 'civic amenity' means:-(i) a market, a post office, a telephone exchange, a bank, a fair price shop, a milk ..... system designed on a twin tank basis with a final portion capable of tanking the effluents from both the aeration tanks with a 3 h.p. aeration in each section. the system should also be so designed that in course of time say in 3 to 5 years, when the aerated lagoons have to be emptied one position ..... prone cannot be excluded. petitioner has also further contended that the biological and chemical hazards will cause constant nuisance and will also offend the provisions of the public health act. therefore, the place chosen for installation of sewerage treatment plant is not at all suitable from the point of view of health of the residents of the locality .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-23-1989
Reported in : AIR1990Kant214; 1989(3)KarLJ434
..... interest therein, whether situated within or without the bangalore metropolitan areas for the purchase of such land or interest therein for the purpose of this act.'section 36 of the act, which provides for acquisition of land otherwise than by agreement, reads :'provisions applicable to the acquisition of land otherwise than by agreement,--(1) ..... thebangalore metropolitan area proposed for acquisition and have a copy of that notification published in the official gazette, as provided for under sub-section (3) of section 17 of the act. as the impugned notifications (annexures e and f) published in the karnataka gazette are made, specifying the lands of the adjacent area ..... the land is needed for public purpose and the authority shall, upon the publication of the said declaration, proceed to execute the same.'section 25 of the act, under its sub-section(1), refers to the power of the authority to take works for further development of the bangalore metropolitan area, thus :'(1) notwithstanding .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-03-1989
Reported in : AIR1990Kant318; 1990(3)KarLJ182
..... passage at para 14. it reads :'to the second question raised on behalf of the petitioner, the clear answer is contained in sub-section (3) of s. 3 of the revenue recovery act, namely, that the collector of the other district on receiving the certificate issued to him shall proceed to recover the amount stated therein ..... a court in the neighbouring state of andhra pradesh and in this court there is little that can be done for him since under the revenue recovery act amount claimed under the revenue recovery certificate is liable to be treated as sacrosanet, by the person who enforces the demand in the transferee district. added to ..... by the chittoor excise authority not having been made good by the petitioner the collector of chittoor sent a certificate in this behalf purportedly under the revenue recovery act to the deputy commissioner of kolar in whose ordinary jurisdiction the petitioner resides, for recovery and remittance. in turn the deputy commissioner, kolar issued a notice .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-17-1989
Reported in : [1990]182ITR8(KAR); [1990]182ITR8(Karn); 1989(3)KarLJ562; [1990]79STC87(Kar)
..... basis would lead to discrimination and results in refusal to make a classification on the basis of the above criterion, which factor is itself discriminatory. 3. the charging section, viz,. section 3 of the act and entry 19 in the schedule thereof, read as follows : '3. levy and charge of tax. - (1) there shall be levied and collected a tax on professions, trades ..... of 1976) (hereinafter referred to as 'the act'), levying a flat rate of tax of rs. 2,500 per annum. 2. the grounds of attack raised by the petitioners are : that, reading the entry under the constitution at entry 60 of list ii of the seventh schedule to the constitution and the charging section as well as entry 19, the incidence of .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-17-1989
Reported in : [1991]71CompCas215(Kar)
..... basis would lead to discrimination and results in refusal to make a classification on the basis of the above criterion, which factor is itself discriminatory. 3. the charging section, viz., section 3 of the act and entry 19 inn the schedule thereof, read as follows : '3. levy and charge of tax. - (1) there shall be levied and collected a tax on professions, trades ..... of 1976) (hereinafter referred to as 'the act'), levying at flat rate of tax of rs. 2,500 per annum. 2. the grounds of attack raised by the petitioners are : that, reading the entry under the constitution at entry 60 of list ii of the seventy schedule to the constitution and the charging section as well as entry 19, the incidence of .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-17-1989
Reported in : [1991]71CompCas714(Kar); ILR1989KAR3343
..... as to how the said provisions could be declared as unconstitutional. similar is the position even under the provisions of the transfer of property act. section 69 of the transfer of property act enables a mortgagee to sell or concur in selling the mortgaged property, or any part thereof, in the cases falling within the purview of ..... misuse of the power could be prevented. further, the affected party has always the protection of the judicial power, against any abuse of the statutory power under section 29 of the act. 18. an analogous situation was the subject of the decision of this supreme court in director of industries, u.p.v. deep chand agarwal, : [1980 ..... was being adjourned from time to time thereafter. 4. the following two grounds are urged before me by learned counsel for the petitioner ; (i) that section 29 of the act is unconstitutional and void ; and (ii) that the corporation has failed to determine the amount due from the petitioner in the light of the explanation offered .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-18-1989
Reported in : ILR1989KAR3455; 1990(1)KarLJ3
..... was the smithy inspector who was responsible for the shortage;(12) in respect of certain other raw materials, the appellant stated that very often there was theft in the carpentry section in respect of spirit polish and there was evidence of hospitalisation of some prisoners for having consumed polish and all thesecontributed to the shortage;(13) as regards colour cotton yarn ..... the disciplinary authority to hold an inquiry or not. elaborating the contention, the learned counsel for the appellant submitted that in cases where the nature of the misconduct or an act of commission or omission on the part of the civil servant is such which does not call for holding of an inquiry such as misconduct by way of unauthorised absence .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-20-1989
Reported in : ILR1990KAR1089; 1990(1)KarLJ93
..... grantee by executing a mortgage deed in favour of the 5th respondent-bank is a 'transfer' to which none of provisions of the sc/st act, is applicable by virtue of section 7 of the sc/st act. if the transfer of the granted land in favour of the 5th respondent-bank is one such transfer as per the definition of 'transfer' ..... it is argued by sri papi reddy, learned counsel for the petitioner that the auction sale held by the 4th respondent is not a transfer prohibited under section 4 of the sc/st act and that therefore, there was no legal impediment for the sub-registrar to register the sale certificate and the opinion given by the district registrar is not ..... 5. the sub-registrar referred the matter to the district registrar for his opinion whether the said sale certificate could be registered having regard to the provisions of section 4 of the sc/st act?6. the district registrar (r-2) opined as per annexure-e that the sale in favour of the petitioner in the public auction held by the .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-20-1989
Reported in : ILR1989KAR3492; 1990(1)KarLJ116
..... the view taken by the learned single judge would have been unexceptionable. but their contention is that in view of the clear wordings of sub-section (3) of section 14 of the klr act, in the absence of an incumbent holding the office of the assistant commissioner, the tahsildar stationed at the headquarters of the assistant commissioner of ..... stationed at the headquarters of the assistant commissioner of a revenue sub-division exercising the powers of such assistant commissioner by virtue of sub-section (3) of section 14 of the klr act. in fact they do not dispute that if the tahsildar was placed only incharge or independent charge of the post of the assistant commissioner ..... by the respondents in the writ petition by contending that a tahsildar exercising powers of assistant commissioner by virtue of the provisions of sub-section (3) of section 14 of the klr act cannot be equated with a person placed in charge or independent charge of a post under rule 32 of the kcs rules. this contention .....
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