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-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-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-01-1989
Reported in : (1990)88CTR(Kar)169; ILR1989KAR3517; [1990]184ITR161(KAR); [1990]184ITR161(Karn)
..... what remains for consideration is the challenge to the impinged assessment orders. we have un helped the constitutional validity of section 26(4) of the act. section 13 of act 10 of 1987 (hereinafter referred to as 'the amending act'), has made the same retrospectively applicable from april 1, 1975, and the assessments made which fulfill the condition thereto ..... the contention raised on behalf of the petitioner that the state legislature had no competence to bring to tax by creating a fiction under section 26(4) of the act. thus, we hold that section 26(4) is valid piece of legislation. 23. it was, however, contended by learned counsel for the petitioner, relying on ..... of the state legislature, and, therefore, the same should be declared as invalid by this court. 19. section 26 of the act came to be substituted by the karnataka act 10 of 1987, sub-section (4) of section 26 provides that receipts after discontinuance of the business or profession can be treated as agricultural income in the .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-01-1989
Reported in : (1990)81CTR(Kar)24; [1990]181ITR518(KAR); [1990]181ITR518(Karn); 1990(1)KarLJ8
..... expression 'aforesaid' has been added only to ensure that the assessee gets the relief for each of the five years as available under the section. deduction under section 80j(1) of the act is for the assessment year relevant to the previous year in which the industrial undertaking begins to manufacture articles and for the next four ..... that each assessment year being a separate unit for the purpose of assessment, deductions will have to be given in the same manner as provided in section 80j(1) of the act and 6 per cent. deduction is granted on the capital employed in the industrial undertaking. therefore, he submitted, the contrary view, that the parameters ..... that eligibility had to be considered each year on the basis of the then prevalent circumstances, found that the assessee was eligible to the benefit under section 80j of the act. the revenue being aggrieved by that order filed unsuccessfully second appeal before the tribunal. at the instance of the revenue, the tribunal has made this .....
Tag this Judgment!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 : Aug-18-1989
Reported in : 1990CriLJ2234; ILR1989KAR3058; 1989(3)KarLJ93
..... of a second or subsequent offence, for contravention of s. 87(1) of the act, the legislature thought of inserting s. 104-e, by the same act, namely, act no. 1 of 1981 enhancing the jurisdiction of the judicial magistrate first class. 40. section 104-e, as inserted by act no. 1 of 1981, which came into force with effect from 23-2-1981, reads ..... established, then he has to award the punishment to the petitioner prescribed in s. 87(2) of the act. under s. 87 (2) of the act, the person contravening the provisions of sub-section (1) of s. 87, on conviction, has to be punished with imprisonment for a term which may extend to seven years and with fine which may extend to twenty ..... the second class, by his ordinary jurisdiction is competent to inflict. he cannot exceed the limit prescribed by the section and pass a sentence which he is not authorised to pass. 36. s. 87(2) of the act, as substituted by s. 21 of act no. 1 of 1981 which came into effect from 23-2-1981, which is attracted to the case .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-17-1989
Reported in : ILR1990KAR489; 1989(2)KarLJ515
..... (2) of rule 5 are substantially the same as the provisions of order 41 rule 17 cpc prior to the introduction of explanation by virtue of the amendment in amendment act 104/1976. the decision relied upon by the learned counsel appearing for the respondent refers to order 41 rule 17 cpc.8. on the other hand the learned counsel appearing ..... of the appeal on merits, then a similar latitude will have to be conceded under sub-rule (3) of rule 5, logically it would follow that the deputy commissioner while acting under sub-rule (3) of rule 5 has not only the discretion to hear the appeal on merits ex prate but also allow the appeal without going into merits of .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-08-1989
Reported in : AIR1990Kant39; ILR1989KAR3253; 1989(2)KarLJ438
..... the mal-practices enquiry committee stand vitiated due to errors apparent on the fact of the record. (3) is the vice chancellor invested under sub-section (5) of section 12 of the act with the power of imposing a penalty on an examinee for a malpractice falling under the items at serial nos. 2 and 3 of the ..... ordinances pertaining to malpractices in the university examinations are purported to have been made for giving effect to the provisions of s. 62 of the act. sub-section (1) of s.62 of the act, as pointed out earlier, invests the final authority in the matter of maintenance of discipline among the students of the university in the vice ..... 16. mention of the material statutory provisions, reference to which would become necessary for a proper appreciation of the said points, could be made here :sub-section (5) of s. 12 of the act, which empowers ihe vice-chancellor of the university in an emergency requiring immediate action, reads : 'in case of any emergency which, in his opinion, .....
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