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-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 : 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 : 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-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-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!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-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!