Court : Karnataka
Reported in : ILR1991KAR2939; 1991(2)KarLJ524
..... /1990 and others disposed of today separately, the reason for acquiring lands by invocation of urgency clause viz. section 17(4) of the act dispensing with statutory enquiry under section 5a of the act. therefore, we do not propose to deal with it again here.annexure-xiii to the statement of objections ..... state pollution control board, department of ecology and environment (government of karnataka), administrative ministry in the department of power (government of india), ministry of finance and public investment board, what remains is only the clearance by the cabinet committee on economic affairs which is stated to be formal. we are unable ..... board.(d) department of ecology & environment.(e) administrative ministry, department of power, government of india.(f) ministry of environment, government of india.(g) ministry of finance, government of india.(h) public investment board.(i) cabinet committee on economic affairs.the above authorities, except (f) and (i), have cleared the project. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2008Kant149; 2008(6)KLJ478; 2008(3)KCCR1361; 2008(4)AIRKarR134; AIR2008Kar149; 2008AIHC2785(Kar)
..... 22.9.2006.3. contending that the representation of the petitioner had not been considered by the 2nd respondent, the petitioner lodged a complaint under section 18 of the act. the information commissioner has rejected the complaint lodged by the petitioner on the ground that the 2nd respondent does not come under the provisions of the ..... is not in dispute that 2nd respondent is not created by any other law made by the state legislature. it is also not in dispute that it is not a body owned or controlled, or substantially financed by the government. it is also ..... or substantially financed;(ii) non-government organization substantially financed, directly or indirectly by funds provided by the appropriate government;7. in view of the definition clause of 'public authority', this court has to examine whether the 2nd respondent falls under any of the categories of the public authority as defined under section 2(h) of the act.8. it .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1992Kant123
..... with the object of making better provisions for theregulation and control of transactions of money lending in the state, the legislature enacted the karnataka money lenders act, 1961 ('money lenders act' for short). section 2(10) of the act defines the expression 'money lender'. it reads :--'2(10) 'money lender' means (i) an individual; or(ii) an undivided hindu family; ..... 1984 edn. at p. 529).xx xx xx xx xx xx xx23. a catch phrase possibly used as a populist measure to describe some provisions in the finance bill in the explanatory memorandum while introducing the bill in the parliament can neither be determinative of, nor can it camouflage the true object of the legislation. ..... provisions requiring pawn brokers and money lenders to make deposits had nothing to do with the object and purpose of the act, but was based on irrelevant consideration, namely, that the state was short of finances and therefore the state wanted to collect money to the tune of about rs. 9 crores by way of compelling .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR2575; 2002(3)KarLJ101
..... limited and ors., : air1997kant220 , submits that the eligibility condition of prescribing five years' experience in pre-payment of freight charges by way of self-financing is unreasonable and bad in law. in the said decision the point that arose for consideration was whether the condition imposing minimum five years' experience as an ..... may sum up the legal position thus: (i) the government, is free to enter into any contract with citizens but the court may interfere where it acts arbitrarily or contrary to public interest; (ii) the government cannot arbitrarily choose any person it likes for entering into such a relationship or to discriminate between ..... the petitioners. 14. nextly, the learned counsels for the petitioners submit that the 1st respondent-government company while dealing with the largess ofthe state cannot act arbitrarily at its sweet will unlike a private individual. in support of this proposition they relied upon the decision in the case of ramana dayaram shetty .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(5)KarLJ522; 2009(4)KCCRSN264; 2009(5)AIRKarR214; AIR2009NOC2826
..... concerned, it is conceded by the learned advocate general appearing for the state government that the government has not exercised its powers and sub-section (10) of section 63 of the act, but has acted only to activate the director of co-operative audit and in the wake of certain complaints that had been forwarded in the matter of ..... demand to the extent of balance available and the remaining amount shall be remitted as and when it becomes available in the accounts of the society. the financing bank shall comply with the directions issued by the director of co-operative audit and shall also furnish a certificate to the director of co-operative audit indicating ..... audit or the authorised person shall send copies of the audit report and communicate the results of audit to the co-operative society, the registrar and to the financing bank or credit agency, and if the society is affiliated to any other co-operative society, to such co-operative society.(6) the director of co-operative .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR1386; 2002(1)KarLJ517
..... case of the hire-purchase agreement, the ownership of the vehicle as laid down by this court in shriram transport finance company limited's case, supra, continues with the financier. sub-section (5) of section 51 only provides for issue of a fresh registration certificate after cancellation of the registration certificate originally issued in the name ..... required stamp duty. he submits that for the purpose of stamp duty, there is not much of distinction between the provisions contained in section 50 and sub-section (5) of section 51 of the act. according to the learned government pleader, in both the cases, there is a transfer of ownership of the vehicle. in support of ..... ) of section 51 of the act, are required to pay the stamp duty as provided under article 20(3)(a) of the stamp act? 8. it is not in serious dispute that the petitioner is a company engaged in non-banking financial activities like leasing, corporate financing, hire-purchase and other allied financial services. clause 24 of .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(5)KarLJ9
..... constitution of india?2. whether the nature of duties performed by bial at the international airport and operation of flights is a statutory function under section 12 of airport authorities act, 1994?3. whether bial is amenable to writ jurisdiction under article 226 of the constitution for judicial review?4. whether the petitioner has got ..... is significant. the court scrutinised the history of the formation of the throe corporations, the financial support given by the central government, the utilization of the finances so provided, the nature of service rendered and noted that despite the fact that each of the corporations ran on profits earned by it nevertheless the ..... and ors. reported in : [2002]3scr100 and other deeds ions of the apex court reported in : [1963]1scr778 ujjam bai v. state of uttar pradesh : (1968)illj257sc in the case of rajasthah state electricity board v. mohan lal : (1979)iillj217sc in the case of ramana dayaram shetty v. international airport authrotiy of india and .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR2294
..... deciding factor in considering the question as to whether a decree for specific performance should or should not be granted. several other circumstances enumerated in section 16 and also section 20 of the act are to be taken into consideration.26.1 in the instant case, we have pointed out four aspects; 1) failure of the plaintiff to ..... under a pronote and got the suit schedule properties attached. it was not brought to our notice that the amounts payable to mysore navarathna jewellery mart, vijayalakshmi finance corporation and p.w.5 exceeded the balance of the amount payable by the plaintiff to the defendant. therefore, nothing prevented the plaintiff to have the sale deed ..... counsel for the respondent, that the plaintiff could not have paid the balance of the amount and obtained the sale deed immediately after 12-4-1983 because vijayalakshmi finance corporation had got attached the suit schedule properties in o.s. no. 202 of 1982 and mysore navarathna jewellery mart had filed o.s.no. 182 of .....
Tag this Judgment!Court : Karnataka
Reported in : (1994)IIILLJ1193Kant
..... not fall within the scope of the notification. it was, therefore, contended that that was not a case coming under section 1(3)(b) of the act but under section 1(3)(a) of the act. learned judges of the bombay high court repelled this contention relying on an unreported decision of the supreme court in basantlal ..... separate export licence for stainless steel utensils. considering that the activity carried ont raw material utilised and produces manufactured being identical and there being common finance and administrative control, the court held that altogether they constitute one establishment. that was a clear case of functional integrality and, therefore, that decision can ..... contend that the three units in this case constitute one establishment. that was not a case where the petitioner contended that there is no unity of finance or unity of management and control among the three units but that units are situated in different places and employees are not transferable and they have .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR1477
..... part of a house or hut, but does not include a room in a hotel or building or boarding house. 'the kerala buildings (lease and rent control) act (16 of 1959) sub-section (1) of section 2 defines the expression 'building' and it is as follows: 1) 'building' means any building or hut or part of a building or hut, let or to ..... which was terminated by notice with effect from first february 1975. the cinema hall was first leased out in 1958 to the appellant. thereafter it was again leased out in 1968. the monthly rent agreed was rs. 900/-, as there is no writing evidencing the lease the tenancy has been treated to be from month to month, and there is no ..... same by filing the suit within a period of three years from the date of the document as per the decision reported in ningawwa v. byrappa shiddappa (sic) 16. air 1968 sc 596. the evidence sought to be adduced is contrary to the terms of the registered lease deeds.32. it is necessary to point out that the first plaintiff as .....
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