Court : Karnataka
Decided on : Apr-11-2003
Reported in : [2003]132STC327(Kar)
..... list ii of the seventh schedule to take into account the total turnover of the dealer within the state and provide, as has been done by sub-section (1) of section 5 of the act, that if the gross turnover of such dealer exceeds rs. 5 lakhs in a year, he shall, in addition to the tax, also pay a ..... covered by article 286 of the constitution. the supreme court in the very same judgment ruled as under :'that being so, the constitutional validity of sub-section (1) of section 5 of the act which provides for the classification of dealers whose gross turnover during a year exceeds rs. 5 lakhs for the purpose of levy of surcharge, in addition to ..... 1957]1scr837 , would show that the determination of 3 per cent in terms of the slab system is constitutionally impermissible. learned counsel explains that this court while upholding section 6-b of the act has not specifically adverted to the present article 286 read with a decision of the supreme court in a.v. fernandez v. state of kerala : [1957]1scr837 .....
Tag this Judgment!Court : Karnataka
Decided on : May-27-2003
Reported in : (2003)IIILLJ729Kant
..... of the learned single judge dated, november 11 and 12, 1998, in writ petition no. 26334 of 1994 has preferred this writ appeal under section 4 of the karnataka high court act, 1964. the dispute relates to the disciplinary action taken against the respondent herein. the events leading to the filing of the writ petition be ..... note): 'now, it is no doubt true that the evidence of the respondent and his witnesses was not taken in the mode prescribed in the evidence act; but that act has no application to enquiries conducted by tribunals, even though they may be judicial in character. the law requires that such tribunals should observe rules of natural ..... . the facts need not be established in the departmental enquiry by the disciplinary authority by producing 'evidence' to prove the facts, as per the provisions of the evidence act. neither, the enquiry officer nor the disciplinary authority is a court. the supreme court in food corporation of india workers' union v. food corporation of india : ( .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-01-2003
Reported in : ILR2003KAR4564; 2004(1)KarLJ282
..... recognized dental qualification and heads of dental wings of medical colleges in the states training students for recognized dental qualifications.17. clause (d) of section 3 of the act specifically provides that one member from each university established by law in the states which grants a recognized dental qualification to be elected by the ..... into a university established by law. if parliament had intended that all categories of institutions which impart dental education will also be covered by section 3(d) of the act, it would not have provided that it is only a 'university established by law' imparting dental education which could send its representative to the ..... it has been amended several times after constitution came into force. if the parliament did not choose to amend the law as contained in section 3(d) of the act, the courts cannot adopt the purposive interpretation and attribute a meaning to the phrase 'university established by law' which the legislature did not intend .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-10-2003
Reported in : ILR2003KAR4590
..... . if once the opportunity is given and directions are not complied, liberty may be reserved if required to assail annexure 'g', the order passed under section 30b of the act.5. further to substantiate his submissions regarding preliminary objections by the learned counsel for the respondents regarding maintainability of the writ petitions, he submits that it ..... strictly on merits of the case without being influenced by the resolution passed by the general body and the order passed by the government under section 30b of the co-operative societies act dated 02.02.2002.for the foregoing reasons, these writ petitions are disposed of. all contentions of both the parties are left open. ..... cases, the petitioners, assailing the legality and validity of the order dated 02.02.2002 vide annexure 'g' issued by respondent no. 1 under section 30b of the karnataka co-op. societies act, 1959 and annexure 'n' issued by respondent no. 3 dated 10.01.2003 and also the order passed by respondent no. 2 dated 09 .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-11-2003
Reported in : III(2004)BC72; 2004CriLJ1029; ILR2004KAR421; 2004(2)KarLJ279
..... without his knowledge, or that he had exercised all due diligence to prevent the commission of such offence.(2) notwithstanding anything contained in sub-section (1), where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of , or is ..... sessions judge was not right in concluding that accused no. 4 (the present respondent) was not liable for prosecution. on a careful reading of sections 291 and 292 of the companies act, it is seen that they are enabling provisions and as regards liability of a director for prosecution for the dishonoured cheque issued on behalf of ..... the i additional civil judge and chief judicial magistrate, dharwad, in a case filed against a company and its directors alleging an offence punishable under section 138 of the negotiable instruments act.2. the case of the complainant is that in the course of transaction between the complainant and accused no. 1 - company, a cheque dated .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-15-2003
Reported in : ILR2004KAR3670
..... the petition premises under the respondent-landlord and that the latter's eviction petitions filed before the court below under various grounds of sub-section (1) of section 21 (1) of the act was maintainable in law. this binding decision of the trial court operates as res-judicata against the petitioner-tenant and he cannot be permitted ..... would not bestow the ownership of the premises on her as the same is hit by ademption. ademption has been explained in section 152 of the indian succession act, 1925. the provision reads:'section 152 ademption explained -if anything which has been specifically bequeathed does not belong to the testator at the time of his death, ..... adjudicated upon in these revision petitions in order to determine her need for accommodation and the revision has to be dismissed in terms of section 27(2)(r) of the present act as she has come into possession of suitable accommodation during the pendency of these proceedings. the entire premises measures 29 feet by 50 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-29-2003
Reported in : 2003(5)ALT403
..... hence the decision of the apex court is distinguishable in view of the facts referred to supra. it is no doubt true that under section 49 of the a.p. court fee and suit valuation act, 1956, dealing with appeals, the fee payable in an appeal shall be the same as the fee that would be payable in the ..... on the question of maintainability of the c.m.a., strong reliance was placed on the decision of the division bench of this court in b.nookaraju case (4 supra). section 2(2) of the code defines decree as follows: 'decree' means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines ..... and referred to in the impugned order on the ground that on facts they are distinguishable. the learned counsel also had drawn my attention to section 49 of the andhra pradesh court fee and suit valuation act, 1956. 3. per contra, sri t.veerabhadrayya, learned counsel representing the appellants with all vehemence had contended that the rejection of the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-07-2003
Reported in : 2003(3)ALD60; 2003(3)ALT16; 2003(2)ARBLR417(AP)
orderdevender gupta, c.j.1. this is an application under section 11(6) of the arbitration and conciliation act, 1996 seeking appointment of an arbitral tribunal to enter upon reference and resolve the disputes arising out of letter dated 31.3.2001 in accordance with law.2. the applicant .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-22-2003
Reported in : 2003(3)ALD503; 2003(3)ALT760; (2003)IILLJ916AP
..... mere assertion of some inconvenience or disadvantage. therefore, this court is not convinced to accept the plea of the petitioner as regards the validity of section 2(b) of the act.7. the second limb of the submission, however, deserves certain attention. if a person cannot be treated as a physically handicapped person, it is ..... provided for reservation in favour of physically handicapped candidates. so far as the blindness or low vision is concerned, they have adopted the definition under section 2(b) of the act verbatim. since the petitioner does not fall into any of the categories, he is not entitled to claim the benefit of reservation for physically handicapped ..... categories of disabled persons in the matter of employment and other aspects of life. one of the types of disabilities recognized under the act is 'blindness'. it is defined under section 2(b) of the act as under:' (b) 'blindness' refers to a condition where a person suffers from any of the following conditions, namely:- (i .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-24-2003
Reported in : 2003(6)ALD34; 2003(5)ALT469
..... 21-9-1996 by the learned single judge holding that timpany school is deemed to be recognised institution under the provisions of a.p. education act, 1982 and hence section 79 of the act is applicable and it is an institution imparting education as a public duty and even if it is a private institution without any aid from the ..... not accepted by the 1st respondent. the stand taken by the appellants is that timpany school is not a recognized school under a.p. education act, 1982 and hence section 79 of the said act is not applicable in case of termination of an employee of the said school and hence the writ petition itself is not maintainable. the writ ..... by giving three months notice or by giving three months salary in lieu of such notice. there is no controversy that the procedure contemplated under section 79 of the a.p. education act, 1982 was not followed at all and the termination was effected by publication of notice in a telugu daily eenadu newspaper. the subject institution timpany .....
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