Court : Karnataka
Decided on : Dec-01-1989
Reported in : (1990)82CTR(Kar)260; [1991]187ITR436(KAR); [1991]187ITR436(Karn); 1990(3)KarLJ42
..... above. the bombay high court, while analyzing the provisions, took the view that, with reference to the definition of chargeable profits in section 2(5) of the act and section 2(8) of the act which refers to statutory deductions and stated that when a part of the amount standing to the credit of a general reserve is, during ..... been taken by the calcutta high court in alkali and chemical corporation of india ltd., v. cit : [1980]122itr490(cal) and followed by the same high court in indian explosives ltd., v. cit : [1985]153itr340(cal) . there, their lordships, after noticing the controversy, stated that the problem involved in the interpretation of rule 3 is only arithmetical ..... the number of days of the previous year during which the increase or the reduction remained effective bears to the total number of days in that previous year.' 5. this section has been very clearly analysed by the bombay high court in cit v. centruy spinning and ., : [1978]111itr6(bom) . it is to the following effect. .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-27-1989
Reported in : ILR1990KAR376; 1990(3)KarLJ499
..... and registered crime no. 71/89 against sri v. ramaswamy and crime no. 72/89 against sri d. soundararajalu for offences punishable under section 5(3)(b) of the explosives act, 1884 (for short 'the act') and took up investigation of the said cases. in the meanwhile b.e.m.l. nagar police reported the seizure of the said fire ..... works and sparklers to the jurisdictional magistrate. immediately smt. shamaladevi and sukanya have filed separate applications under section 457 of the code of criminal procedure ..... each case forthwith.4. sri s.p. shankar, learned counsel for the petitioner urged the following points:-i) that section 5(3)(b) of the explosives act, 1984 is no longer on the statute as it is repealed by act 32 of 1978; ii) that the petitioners are owners of the goods seized from the house/shop called kamadhenu .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-13-1989
Reported in : ILR1989KAR2277; 1989(2)KarLJ161
..... a human problem of the multitudes and also the problem of rural india peculiar to hindu society. thought explosion precedes social revolution and the thinking is one of preferential treatment to the less fortunate and weaker sections who are the victims of neglect through centuries.the incursion of institutionalised lethargy is detrimental to national interest as ..... consideration from each of respondents-4 to 6 who are the original grantees. the assistant commissioner issued notice to the petitioner under the provisions of section 5 of the act and, after an enquiry, held that the transfer of land is null and void and ordered taking over of possession of the lands by evicting ..... by any interested person or on information furnished in writing by any person or even suo moto after due enquiry by the competent authority under the act.the act may be described as the product of a restructure of property rights in a developing society against the setting of the egalitarian order envisaged by the .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-11-1989
Reported in : AIR1990Kant97; 1989(2)KarLJ202
..... no statutory obligation on these authorities to grant lease in contravention of rules relating to mines act and other mandatory provisions contemplated under the explosives act; law relating to environment and ecology, pollution control act, forest preservation act, wild life protection act, which impose serious restrictions.referring to the facts of each case, respondents deny or do ..... given under proviso to s. 38 of the mysore land revenue code and board standing orders of the erstwhile state of madras.15. section 38 of the land revenue act' (code) reads thus :'right to metals and minerals to vest in government-- unless it is otherwise expressly provided by the terms of ..... the government and the government shall have all the powers necessary for the proper enjoyment or disposal of such rights :--provided that :(i) nothing in this section shall be deemed to apply to limestone, granite and such other ordinary minrals, as the government, by notification in the official gazette, may from time .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-14-1989
Reported in : ILR1990KAR42
..... petition under article 226 on the ground that the additional collector had no jurisdiction. all the assessments made by the additional collectors were validated by an amending act. section 11 of that amendment gave a right to apply for review before the higher authority or court by whose order the assessment made by additional collectors were ..... of either the penal code or the code of criminal procedure. such a position is also clear from the provisions of the contempt of courts act, 1952. section 3 of that act provides that every high court shall have and exercise the same jurisdiction, powers and authority in accordance with the same procedure and practice in respect ..... such a decision was not appealable. in the paragraph on which the learned counsel relied, the supreme court has referred to the several provisions of the act including section 20. but the question which arises for consideration in this case did not arise for consideration. in the case of vinaya chandra the high court had .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-13-1989
Reported in : (1990)82CTR(Kar)247; [1990]182ITR235(KAR); [1990]182ITR235(Karn); 1990(3)KarLJ31; [1990]51TAXMAN175(Kar)
..... loan to a shareholder or a payment on his behalf is assessable as dividend thereof so as to be treated as a distributed dividend for the purpose of section 104 of the act. 7. the calcutta high court in moore avenue properties (p.) ltd. v. cit : [1966]59itr466(cal) , on the basis that fictions have to be treated ..... tax on a total income of rs. 6,27,430. the assessee not having distributed any dividends to its shareholders, the income-tax officer initiated proceedings under section 104 of the act and, on that basis, levied an additional income-tax at 25% of the amount disallowed. the assessee appealed unsuccessfully both to the appellate assistant commissioner and ..... ,800 to be distributed and that is too small an amount compared to the paid-up capital of the assesses company and, as such, the provisions of section 104 of the act are inapplicable. 3. the assessee is a trading company in which the public are not substantially interested. for the assessment year 1975-76, the company was .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-12-1989
Reported in : II(1990)ACC455; 1991ACJ453; ILR1990KAR1493
..... of adjudicating upon claims for compensation in respect of accidents involving amongst others, 'damages to any property' of a third party. in the proviso to sub-section (1) of section 110 of the act, the words used are: 'a claim for compensation in respect of damage to property'. we are of the opinion that the word 'damages' or ..... was highly excessive.9. sri chinnappa, the learned counsel for the respondents, per contra, submitted as follows: the expression 'damages to property' used in section 110 of the act includes not only the actual damage caused to the property, but also loss of income directly arising out of the damage to the property. elaborating his submission ..... tribunal for adjudicating claims for compensation on account of death, bodily injury or damage to property arising from accidents. so far as, a reference to section 110-f of the act barring the jurisdiction of the civil court is concerned, we find that it bars the civil court to entertain any question relating to 'any claim .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-30-1989
Reported in : ILR1990KAR3518
..... 1989 delhi 219 while considering the question as to when the electricity charges become payable, it has been held thus:'11. as i read section 24 of the electricity act and section 283 of the corporation act, it appears to me that the amount of charges would become due and payable only with the submission of the bill and not earlier ..... the period of limitation prescribed for a suit to recover the amount due, does not destroy the right to the amount. it only bars the remedy. section 27 of the limitation act, 1963 only provides that at the determination of the prescribed period of limitation limited to any person for instituting a suit for possession of any property, ..... a company in liquidation not made by a proceeding instituted by the presentation of a plaint, cannot be considered to be a 'suit instituted'. on considering section 3 of the limitation act, 1908, and the explanation thereto, it was held that the application filed by the liquidator could not be considered as a 'suit'. it was also .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-30-1989
Reported in : 1990ACJ757; AIR1990Kant156; [1990]67CompCas287(Kar); ILR1990KAR16
..... a public place except as a passenger to take a policy of insurance complying with the requirements of the various provisions in chapter viii of the act. section 95 of the act prescribes the requirements of policies and limits of liability. inter alia, it provides that the insurer issuing the policy must insure the person or classes ..... iqbal v. bhimaiah, : air1985kant171 . the relevant paragraph was paragraph 20. it reads:--'20. the scope of enquiry, is no doubt, as contemplated in section 92a of the act, which is reproduced above. it states :'where the death or permanent disablement of any person has resulted from an accident arising out of the use of a ..... died and also injured. the persons claiming to be the legal representatives of the deceased persons filed as many as 24 claim petitions under section 110-a of the motor vehicles act ('the act' for short). in the claim petitions they alleged that the accident occurred due to rash and negligent driving of the vehicle. different amounts .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-30-1989
Reported in : II(1990)ACC547; [1990]67CompCas453(Kar); ILR1990KAR1
..... between an insured and an insurer against liability by the latter. if such a contract is in respect of a motor vehicle, sub-section (5) and sub-section (1) (b) of section 95 of the act provide that it must cover any liability which may be incurred by him with respect to death or bodily injury to a third party. ..... be read and what are the defences open to the insurance company. the existence or otherwise of an enforceable insurance contract falls outside the scope of section 96(2) of the act are available to an insurance company, the condition precedent to invoke such defences is the existence of an enforceable insurance policy and an obligation on the ..... without obtaining a fresh insurance policy to protect third party interests and the vendee further did not lodge before the registering authority any information as required under section 31 of the act for purposes of purposes of transfer of registration of the vehicle in his name. in the present case, there is no dispute that the ownership of .....
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