Court : Karnataka
Decided on : Dec-03-2003
Reported in : 2005ACJ1591; ILR2004KAR962; 2004(3)KarLJ93
ram mohan reddy, j.1. the north west karnataka road transport corporation (for short, 'corporation') has preferred this appeal under section 173(1) of the motor vehicles act, 1988 (for short, 'act'), calling in question the judgment and award dated 30th july, 2003 passed in m.v.c. no. 71 of 1996 on the file of the civil judge (senior division) and .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-02-2003
Reported in : AIR2004Kant308
..... and as such it is not duly stamped. this is not the function of an officer exercising power or jurisdiction under section 33 of the act or under section 39 of the act, the power under section 33 of the act is not one for interpretation of a document, but one for inferring as to whether proper stamp duty on the ..... only such information which had been provided by the petitioner and the vendor of the petitioner, it cannot be said that the registering authority, while acting under section 33 of the act, has acted on any irrelevant or extraneous material in forming the opinion that the instrument had not been duly stamped, prima facie as this was the only ..... of giving complete and true details of consideration for which the properties had been conveyed under the deed of transfer though was required under section 28 of the act, action under section 33 of the act was initiated and that it is a justifiable action and the decision of the respondents is sought to be defended. accordingly it is .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-01-2003
Reported in : II(2004)ACC470; 2004ACJ333; [2004(101)FLR178]; ILR2004KAR193; (2004)ILLJ1089Kant
..... to appreciate the points in controversy, it is necessary to have a look at the definition of 'partial disablement' and 'total disablement' as defined under the act. section 2(1)(g) defines 'partial disablement':-'(g):- 'partial disablement' means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of ..... injured workman may be a casual labourer or a regular employee. the length of his service is irrelevant for the purpose of awarding compensation under the act. section 4-a provides for immediate payment of compensation and where the amount claimed is not acceptable to the employer he is bound to make a provisional ..... capacity made by the qualified medical practitioner, this argument has no substance and runs counter to the statutory provisions contained in the act. as already noted, section 19 of the act confers on the commissioner the power to settle disputes between the parties with regard to the liability of any person to pay compensation .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-01-2003
Reported in : ILR2004KAR367
..... legal heir, had presented the cheque in question and on the cheque being dishonoured, legal notice had also been issued and thereafter, the proceedings had been initiated under section 138 of the ni act.13. in view of the facts and circumstances of the case and the law stated above, in the opinion of this court, the complaint as filed before ..... need for the person to be treated as a holder in due course and if there is an endorsement and delivery, the person could definitely file a complaint under section 138 of the ni act, as he would be a holder in due course. the discussion supra, goes to show that this court has held that, on the death of a payee ..... the complainant, the death of the payee of the instrument is of no legal consequence and the legal heir of the complainant could definitely invoke the provisions of section 138 of the ni act, in case there had been failure to pay the amount under the cheque. on the contrary, the accused contends that there was no endorsement and delivery and .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-01-2003
Reported in : [2004]134TAXMAN314(Kar)
..... same was followed by a demand. a reply was sent by the petitioner in this regard.2. on 6-12-2000, the assessing authority issued a notice under section 154 of the act proposing to rectify the mistake in the case on hand. a reply was submitted by the petitioner. the petitioner relied on the judgment of this court in cit v ..... based on those judgments, the assessing authority passed an order under section 154 of the act and tax was determined at rs. 1,48,620. a notice of demand was received and the petitioner paid this tax demand in the regular assessment. for the ..... the total tax liability of rs. 10,43,045 was determined. after judgment, the total tax payable was rs. 10,29,382. this included levy of interest under section 234b of the act. a representation was made by the petitioner in the light of the judgment of this court and in the light of the judgment of andhra pradesh high court and .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-01-2003
Reported in : 2004ACJ889; 2004(1)KarLJ105
ram mohan reddy, j. 1. the owner and insurer of the motor vehicle involved in the accident have preferred this appeal under section 173(1) of the motor vehicles act, 1988 (for short, the 'act') calling in question the judgment and award dated 34-9-2001 passed in m.v.c. no. 411 of 2000 on the file of the additional civil judge (senior .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-28-2003
Reported in : ILR2004KAR643
..... set aside reserving liberty to the respondents to work out their penalty remedies after a decision in terms of this order to be passed under section 6a(3) of the act.ordered accordingly. no costs. ms. niloufer akbar, learned hcgp is directed to file memo of appearance within four weeks.before concluding, the petitioner ..... filed in terms of annexure-b. thereafter the entertainment tax officer passed on the information to the first respondent. the first respondent initiated proceedings under section 6a(3) of the act in terms of annexure-c. aggrieved by the same petitioner is before me.3. ms. niloufer akbar, learned hcgp accepts notice for the respondents ..... , enjoyment, hospitality, satisfaction etc, the activities held by the petitioner on the new year eve cannot but be termed as entertainment in terms of section 2(e)(iii) of the act, by way of lighting, music, recreation, hospitality or performance. it cannot therefore be accepted that no entertainment as such is provided by the petitioner .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-28-2003
Reported in : 2004CriLJ2253; 2004(2)KarLJ422
..... part of the appellants right from the beginning of the transaction -- thus prima facie the allegations made by respondent 2 not constituting offence punishable under section 420 or allied offences mentioned in the complaint -- held, continuing the criminal proceedings against the appellants would amount to an abuse of process of the ..... part of the revision petitioners right from the beginning of the transactions and the allegations does not constitute any offence much less the provisions of section 420 of the ipc and therefore, it would amount to an abuse of process of court. it is further contended that the allegations made ..... court -- high court erred in refusing to quash the complaint and the proceedings.section 415 -- cheating -- ingredients of-- distinguished from mere breach of contract -- definition contemplates two separate classes of acts viz., deception by fraudulent or dishonest inducement and deception by intentional, but not fraudulent or dishonest, inducement .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-27-2003
Reported in : 2004CriLJ1261; ILR2004KAR164; 2004(2)KarLJ162; (2004)IILLJ659Kant
..... to define it as a contractor employed labourer for the establishment.8. at this juncture, it is relevant to note the definition as provided under section 2(b)(c) of the act which reads thus:'contractor', in relation to an establishment, means a person who undertakes to produce a given result for the establishment, other than a ..... it is to be noted that unless primarily it establishes that the very persons who were working as contract labourers as defined under section 2(b), the question of the application of the act does not come into picture. the premise on which this complaint is preceded is that the concern of this petitioner is a contractor ..... alleging inspite of issuance of notice having failed to show cause, the complaint is filed seeking to prosecute the petitioners under sections 23 and 24 of the act and thus invoking independently the penal provisions of sections 23 and 24. these two petitions have been filed praying to award the expenses incurred by the department in conducting the .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-21-2003
Reported in : ILR2003KAR5127; 2004(2)KarLJ425
..... that no person other than a citizen of india shall be entitled to registration by virtue of a qualification'further, it is relevant to extract sub-section 1 of section 35 of the said act, which reads as under:'any reference in any law for the time being in force to an architect shall be deemed to be a reference to ..... - as the member of the 3rd respondent. in last column, it is mentioned as 'vastushilpi varga'. it is significant to note that, as per sub-section 3(l) of section 3 of the act, 'a person having experience in architecture' can be appointed as one of the member of the authority representing the specific category. as pointed out by the ..... as: 'architect' means a person whose name is for the time being entered in the register'. he also placed reliance on section 14 read with section 25 and section 35 and 37 of the said act and also the annexure-b which is the public notice issued by the competent authority - registrar of council for architecture, regarding 'beware of unqualified .....
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