Court : Karnataka
Decided on : Jun-20-2006
Reported in : 2006(6)KarLJ16
..... the authorities having recorded a categorical finding that the land in question is a granted land within the meaning of the phrase as it occurs in section 3(1)(b) of the act; that the transaction of the year 1995 had not been preceded by the permission of the government which resulted in transaction being voided, the transferred land ..... his order dated 27-4-2001 invalidated the sale transaction, directed resumption holding that the transfer was hit by the provisions of section 4(1) of the act for want of permission under section 4(2) of the act in terms of his order dated 29-4-2001 loopy at annexure-j].3. petitioner being aggrieved had preferred an appeal under ..... of a sate transaction or transfer effected by such a grantee is because of the operation of the statutory provisions of section 4(1) of the apt for want of permission under section 4(2) of the act. irrespective of the nature of the grant in favour of a person belonging to scheduled caste/scheduled tribe community from the .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-20-2006
Reported in : ILR2006KAR3379; 2006(5)KarLJ309
..... original landlord died and the son for whose requirement the petition premises is sought for is very much on record. in view of the presumption under section 27(2)(r) of the karnataka rent act, the requirement has to be treated as genuine requirement. furthermore, it appears that there is an alternative accommodation available to the tenant 12 kms. ..... view of the changed philosophy. in so far as the requirement of the petition premises for the son is concerned, as per the definition under section 27(2)(r) of the karnataka rent act, 1999 the requirement of the son is also the requirement of the landlord. the learned counsel for the petitioner herein has also relied upon ..... he so desires when he has not made any other accommodation of his own to stay back at kanvar. in view of the changed philosophy under the rent act and also having noted the genuine requirement of the petition premises by the petitioner and also when there is an alternative accommodation available to the tenant, the impugned .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-21-2006
Reported in : ILR2006KAR2896; 2006(6)KarLJ350
..... population is done as per the 2001 census and amongst the existing 58 wards without following the ratio of the population of the wards as provided under section 21 of the act. he contended that in so far as the population of the gulbarga municipal corporation as per the 2001 census is 4,22,569 and the corporation consisting ..... the respondents are hurriedly tried to hold the election which is illegal and improper and moreover it is in clear violation of the provisions contained in section 21(1) & (2) of the act. he further contended that the population of the belgaum municipal corporation as per 2001 census is 3,99,653 and the corporation consisting of 58 ..... to the 4th respondent - municipal corporation after completion of the process of de-limitation/determination/constitution of wards as per the 2001 census as provided under section 21(1) & (2) of the act. it is averred in the petitions that as per the 2001 census the population of belgaum municipal area is 3,99,653 and the population of .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-21-2006
Reported in : ILR2006KAR3615; 2006(5)KarLJ330
..... the tenant is before this court.5. heard the counsel for the petitioner and the respondent.6. it is the argument of the counsel representing the tenant that as per section 27(2)(r), the definition of 'family' does not include an independent person and as per the definition 'family' consists of wife or husband or his or her dependants ..... act, 1999, the petition was maintained under section 27(2)(a)(r). the petition premises is non-residential on a monthly rental of rs. 720/- and ..... . this revision is filed under section 46(1) of the karnataka rent act, 1999 being aggrieved by the order dated 4.8.2003 passed by the xii addl. small causes judge, bangalore in hrc 1771/1997.2. a petition was filed by the landlady under section 27(1)(a) & (h) of the karnataka rent control act, 1961 and latter under the amended .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-21-2006
Reported in : ILR2006KAR2752; 2006(6)KarLJ641
..... it is, inter alia, indicated that the government has the authority and the power to take such action under the provisions of the karnataka educational institutions [prohibition of capitation fees] act, 1984 and the rules framed thereunder; that the karnataka conduct of entrance test for admission to post-graduate medical and dental degree and diploma courses rules, 2003 has been framed .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-22-2006
Reported in : ILR2007KAR1466; (2007)8VST223(Karn); 2007(3)KCCRSN191
..... by them. the date of appointment of either the 5th respondent or the 3rd respondent for the purpose of computation of 2 years as provided under section 22-b of the act is not the relevant date to be taken into consideration for computation of limitation. the initiation of the proceedings by the assessing authority appointed by the ..... by the assessing authority against the appellant, the same are also passed within the period of limitation by 3rd respondent as prescribed under the provision of section 22(b) of the act.9. she has further submitted that from the date of initiation of proceedings by the 5th respondent against the appellant, having regard to the order passed ..... said orders are liable to be quashed, as they are void abinitio in law. the further legal contention urged by him by placing strong reliance upon section 22-b of the act is that the initiation of proceedings is on 30/9/2002. in the aforesaid provisions, with a specific purpose the words 'initiation of proceedings' are used .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-22-2006
Reported in : ILR2006KAR3961; 2007(34)PTC164(Karn)
..... found that 'i am what i am' cannot be construed as a logo or trade mark of the plaintiff.6. having held that as per sub-section 1 of section 27 of the trade marks act, 1999 no person shall be entitled to institute any proceeding to prevent or to recover damages for the infringement of an unregistered trade mark and that ..... what i am' and therefore the plaintiff alone can claim rights over the said slogan as a trade mark.4. the defendants contended that:(1) as per section 2(1)(w) of the trade marks act, 1999, the expression, 'registered trade mark' means a trade mark which is actually on the register of trade marks maintained by the government of india ..... for any relief. they further contended that the plaintiff has filed applications to register the logo 'i am what i am' only on 18th may 2005 under the trade marks act, 1999 which was still to be examined. therefore, no infringement action can be initiated on the basis of the alleged violation of an unregistered trade mark.(2) they further .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-22-2006
Reported in : (2006)204CTR(Kar)353; [2006]286ITR203(KAR); [2006]286ITR203(Karn)
..... west bengal). a reading of the said judgment would show that it is not a case of prima facie consideration under section 143 of the act.11. this court in : [1996]218itr298(kar) (god granites v. under secretary, central board of direct taxes and ors.) has chosen to hold that under ..... destroyed at the stage of final hearing. that final hearing approach has not to be the approach at the first impression namely, prima facie impression in terms of section 143 of the act.10. the revenue places before us the judgment of the supreme court reported in : [1956]30itr174(sc) (madan gopal bagla v. commissioner of income-tax, ..... at first sight'; 'on the first appearance'; 'n the face of it'. therefore, 'prima facie' cannot be equated to a debatable detailed consideration in terms of section 143 of the act. if the material at the first sight provides for a prima facie admissible or not admissible, then, the assessing officer is free to consider he case in terms .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-29-2006
Reported in : AIR2006Kant252
..... proceedings shall stand transferred to the bar council of india, which may dispose of the same, as if it were a proceeding withdrawn for inquiry under sub-section (2) of section 36 of the act. in the instant case, notice issued by second respondent is dated 26th september 2005. the limitation period starts from the date of issuance of the said ..... one without jurisdiction and that, the second respondent has exceeded in his jurisdiction on the ground that, the said authority has not followed the mandatory provisions of section 9 of advocates act read with rule 33 of the bar council of india rules. the submission of petitioner, party-in-person that, he being a senior citizen and retired director ..... said inquiry conducted by only one member of the committee is not an inquiry at all in the eye of law and the same is contrary to section 9 of the advocates act. to substantiate the said stand, he has taken me through the order sheet maintained by the bar council, which is produced along with i.a.iii .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-29-2006
Reported in : 2007(1)KarLJ263
..... court, such subsequent action not only becomes illegal but it cannot also be pleaded that the interim orders protects such illegal action from judicial review as even while acting on the basis of the interim orders, the association and its members are never relieved of the requirement of abiding by the law as has already been ..... unfairly treated and the committee having been given the power to issue suitable directions which binds the institutions, their associations etc., there is no way the institutions can act contrary to any of the directions issued by the overseeing committee.14. in the present case, the committee had occasion to examine the admission procedures that have ..... supreme court in the pending writ petition before it, there cannot be any variation or modification and at any rate, if the association and the member colleges have acted well within what was permitted under this interim order, no exception can be taken with such action even on applying the law as laid down in p.a .....
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