Court : Karnataka
Reported in : AIR1989Kant24
..... petitioners, that is, petitioners 2 and 3 had no notice of the acquisition proceedings initiated under the improvement act: that the declaration made by the government sanctioning the scheme as prepared by the 2nd respondent-board is hit by the provisions of the karnataka town and country planning act, 1961 (hereinafter referred to as the 'planning act') inasmuch as the permission of the authorities under the planning act was not obtained by the state government before it made the declaration under s. ..... 17 of the improvement act subject to the condition that the scheme would be self-financing scheme and no financial assistance would be provided by the government. ..... this court, on consideration of the relevant provisions of the improvement act and also the provision of the land acquisition act, and particularly the challenge to the constitutional validity of' provisions under ss. ..... accordingly, a scheme was sought to be framed under the improvement act and under that scheme, under the guise of providing sites to the persons belonging to the weaker sections of the community in shimoga city, the state government as well as the city improvement board, the 2nd respondent ..... there also, a scheme prepared under the improvement act by the city improvement board of davanagere was challenged by the petitioners on various grounds inclusive of art. ..... their grievance is that the valuable rights conferred on them under the land acquisition act were sought to be taken away with ulterior motives.3. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2006KAR1900; 2006(3)KarLJ428
..... empowering the chief executive to vote in managing committee meetings directly runs contrary to the provisions of section 28a, 29c and section 29f of the act read with rule 14 and 14(a) of the karnataka co-operative socieities rules, 1960 (herein after called as rules), section 21 of the act reads thus:section 21:1) every member, every delegate and other nominee shall exercise vote in person and not by proxy.2) notwithstanding anything contained in sub ..... it may be mentioned that generally he is called as secretary of society or manager of co-operative bank etc.the word 'employee' is defined under section 2(e) of the act which reads thus:employee' means a salaried employee of a co-operative society and includes an official of the state government or any employee of any other institutionthe aforesaid defination further makes it clear that the employee is a ..... the matters relating appointment, service conditions and functions of chief executive are detailed under section 29g of the act, the relevant portions of which read as follows:section 29g:1) for every co-operative society there shall be chief executive who shall subject to the provisions of section 128a be appointed and be removable by the ..... relevant to note at this stage the provision of section 29c(i)(e) of the act which clarifies that no person shall be eligible for being elected or appointed or continued as a member of any cooperative society if he is a paid employee of such co-operative society or of its financing bank. .....
Tag this Judgment!Court : Karnataka
Reported in : [1990]79STC305(Kar)
..... power of state government to notify exemptions and reductions of tax - (1) the state government may, by notification, make an exemption, or reduction in rate, in respect of any tax payable under this act - (a) on the sale or purchase of any specified goods or class of goods, at all points in the series of sales by successive dealers; or (b) by any specified class of persons, in regard to the whole or any part of their turnover; or (c) on the sale or purchase of any ..... said notification was issued in favour of certain class of dealers, namely, manufactures of gold and silver articles and it was even conceded by the government that the said notification was issued under clause(b) of section 8a(1) of the act, and therefore it was held that the said notification did not get automatically cancelled on the change brought about in the rate of tax by an amendment to the ..... commissioner was of the view that the notification dated 10th july, 1981 was one issued under section 8a(1)(a) of the act and therefore it stood automatically cancelled with the increase of rate with effect from 1st april, 1982. ..... in reply to the show cause notice, the appellant contended that the notification issued under section 8a of the act did not became ineffective with effect from 1st april, 1982 just because there was an increase in the rate of tax and it continued to be in force until it was withdrawn by the state ..... the notification reads : 'finance secretariat notification, bengalore, dated 10th july, 1981 .....
Tag this Judgment!Court : Karnataka
Reported in : [1991]80STC226(Kar)
..... for the state, has placed reliance on the counter-affidavit or objection statement of second respondent in regard to constitution and functions as a unit in the co-operative sector supported by two state governments and substantially financed by the state governments having nearly 12,000 members from all the four classes which, according to him, included all the arecanut growers in the two states. ..... the same : 'in exercise of the powers conferred by sub-section (5) of section 8 of the central sales tax act, 1956 (central act 74 of 1956), the government of karnataka, being satisfied that it is necessary so to do in the public interest, hereby reduces with immediate effect the rate of tax payable under the said act on the sale of cement made in the course of inter-state trade or commerce from 15 per cent to 2 per ..... srinivasan, learned counsel, contended that the state government lacked competence to issue a notification under sub-section (5) of section 8 of the act, inter alia, on the ground that unless public interest was to be subserved, the state government did not derive power to issue the notification and in any event, it lacked competence to issue ..... the supreme court has recognised the right of the states to promote the regional economic growth by offering incentives under various economic policies including exemptions or incentives under the sales tax act as not impeding or offending the guarantee of free inter-state trade and commerce under article 301 of the constitution. .....
Tag this Judgment!Court : Karnataka
Reported in : [1998]111STC102(Kar)
..... of the impugned notification is constitutionally invalid because (a) the impugned action of the state government results in enhancement of rate of tax which is not within the competence of the state government under section 8a of the act, and, (b) the same is contrary' to the budget speech made by the finance minister on the floor of the assembly for the financial year 1996-97. 7a. ..... gandhi has tried to distinguish the said cases on the ground that clauses (i), (ii) and (iii) to section 6-b(1) of the act were not there on the statute book at the time when the said cases were decided and, therefore, a de novo appraisal of the validity of ..... - (1) the state government may, by notification, make an exemption, or reduction in rate, in respect of any tax payable under this act - (a) on the sale or purchase of any specified goods or class of goods, at all points in the series of sales by successive dealers; or (b) by any specified class of persons, in regard to the whole or any part ..... it cannot be seriously disputed that for the purpose of convenient administration of the provisions of the act, which is intended for augmenting the revenues of the state, different nomenclatures have been given to the levies imposed therein, but nonetheless they subscribe and withstand the tests of 'tax on sale or purchase ..... levies and rates thereof provided under the respective sections under the act noticed above, section 8a of the act empowers the state government to notify exemptions and reductions of tax .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR1235; 1988(1)KarLJ550
..... to time in order to provide sufficient revenue -(a) to cover operating expenses, taxes and interest payments and to provide for adequate maintenance and depreciation;(b) to meet repayment of loans and other borrowings;(c) to finance normal year to year improvements; and(d) to provide for such other purposes beneficial to the promotion of water supply and sewerage. ..... learned counsel for the board as to how the aforesaid notification can be regarded as a notification issued under section 31-a of the act and how rates can be regarded as having come into force with effect from 1-10-1987 in view of the following serious infirmities in ..... to fix reasonable time - where any notice, bill, order, or requisition issued or made under this act or any rules or regulations made thereunder requires anything to be done for the doing of which no time is fixed in this act or the rule or the regulation made thereunder, the notice, bill, order or requisition shall specify a reasonable ..... submitted that the difficulty was unsurmountable and the board had no alternative than to issue a fresh notification under section 31-a of the act fixing a prospective date with effect from which the rates approved shall come into force. ..... that duty has been now entrusted to the board under the provisions of the act.section 31-a of the act reads thus -board's power to levy rates etc -the board may, in respect of any water supply or sewerage undertaking vesting in it, levy rates, fees, rentals and other charges and may .....
Tag this Judgment!Court : Karnataka
Reported in : 2000(4)KarLJ370
..... and workers' federation (for short 'the federation') has filed this petition complaining about the violation of article 19(1)(c) of the constitution of india and about the conditions of service/regulations framed in violation of the trade unions act imposed on them by the corporation on account of the amendment of the ksrtc servants (conduct and discipline) regulations, 1971 ('the regulations' for short).2. ..... also notice that after the judgment of the hon'ble supreme court in management of karantaka state road transport corporation's case, supra, between the same parties the government in exercise of power under section 34 of the act, had issued a direction with regard to its continuance of the payroll check off facility vide its order dated 20-8-1999. ..... petitioners contend that the rtc act is a general act and trade unions act is a special act and the special act overrides general act and therefore any approval granted under section 45 has no legal ..... after going through the object of various provisions of the act, i am of the view that rtc act is an act essentially brought into force for formation of corporation and for its ..... he also argued that the trade unions act is a special act and the rtc act only provides for establishment of corporation by the ..... in 1972 ksrtc framed the conduct and discipline regulations under section 45 of the road transport corporation act ('rtc act' for short) ..... chapter iii deals with powers and duties and chapter iv deals with finance, accounts and audit. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR1833
..... or any part thereof but where some gap is left which is relevant for the purpose of the explanation, in order to suppress the mischief and advance the object of the act it can help or assist the court in interpreting the true purport and intendment of the enactment, ande) it cannot, however, take away a statutory right with which any ..... respondent-landlord that he would sell the lands in question to him (petitioner) at a price lesser than the amount that the petitioner had to pay under the provisions of the act and he was further influenced by the second respondent-land tribunal that in the event of filing an application for grant of occupancy rights he would not succeed since his name was ..... in respect of which he is not entitled to be registered as occupant (sec section 45(3) ;(3) lands forfeited to the state government under leases contrary to the provisions of the act under section 58 ;(4) lands available for disposal on tenants' failure to cultivate the lands personally for three consecutive years ;(5) lands vesting in the state government under sections 79a and 79b of the ..... into the circumstances in which and the procedure under which such dispossession took place and if it is satisfied that such dispossession took place as a result of-(c) any act of the landlord or any person acting on his behalf without recourse to a court of law or in contravention of any provision of law.the tribunal shall order the restoration of possession of the land and the tenancy ..... finance (1909-10) act .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR5468; 2006(2)KarLJ608
..... , (supra) has observed as follows:'the commission constituted under section 17 of the 1998 act is an expert body and the determination of tariff which has to be made by the commission involves a very highly technical procedure, requiring working knowledge of law, engineering, finance, commerce, economics and management, it would be more appropriate and effective if a statutory appeal is provided to a similar expert body, so that the various questions which are factual and technical that arise in such an ..... it is recommended that the appellate power against an order of the state commission under the 1998 act should be conferred either on the central electricity regulatory commission or on a similar body. ..... wherein the apex court has observed that whenever an expert body is constituted under the act it is desirable that the controversy be decided by the said expert body.7. ..... in view of the formation of the appellate tribunal under the act, the main contention is that the writ petition under articles 226 and 227 of the constitution of india itself is ..... factually denying all the averments made in the writ petition, they have taken a specific contention that after coming into force of the electricity act 2003, an appeal is provided under section 111 of the act against the order passed by the commission. ..... it is no doubt true that under section 111(2) of the act, a limitation is provided that an appeal will have to be preferred within 45 days from the date of receipt of the copy of .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(5)KarLJ130; 2009(3)KCCR2175; 2009(4)AIRKarR158; AIR2009NOCKar2261
..... or any objection is made as aforesaid, the special court shall proceed to investigate the same and in so doing, as regards the examination of parties and in all other respects, the special court shall subject to the provisions of this act, follow the summary procedure as contemplated under order 37 of the civil procedure code, 1908 and exercise all the powers of a court in hearing a suit under the said code and any person making an objection shall ..... :(a) to return the deposit after maturity or on demand by depositor; or(b) to pay interest or other assured benefit; or(c) to provide the service against such deposit; or(ii) where the government has reason to believe that any financial establishment is acting in and detrimental to the interest of the depositors with an intention to defraud them; or(iii) where the government satisfied that such financial establishment is not likely to return the deposits or make payment of interest or other benefits assured or ..... the president of india withheld his assent to the bill on the ground that the amendments suggested by the ministry of finance company affairs (banking division) could not be carried out, as the bill had already been passed by the state legislature ..... (e) it is open to all the petitioners herein to urge all the grounds which they have urged on merits including the ground that the act is not applicable to the sale or agreement of sale in question in their favour and special court has jurisdiction to adjudicate these claims.ordered .....
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