Court : Karnataka
..... rendered therein what would unmistakably emerge is, that no right of the petitioner is taken away. the petitioner is a nominee who is nominated under section 4 of the act. section 4 itself indicates that it is at the pleasure of the state. it is exercised and he is de- nominated. such de-nomination of a ..... at all times subject to the pleasure of the state?. 11. it is not in dispute that the petitioner was appointed in terms of section 4 of the act supra. sub-section (1) of section 4 clearly indicates that the chairman or other members shall hold office for a term of three years subject to pleasure of the government. ..... , was nominated as chairman of karnataka state minorities commission. the government of karnataka by virtue of the powers conferred under sec (3) sub sec (2) clause(1) and sec (4) of karnataka state minorities commission act-1994 (karnataka act 31 (1994), hereby cancels the nomination of shri khusro qureshi as chairman karnataka state minorities commission and in his place .....
Tag this Judgment!Court : Karnataka
..... or favouritism. however, it must be clearly stated that there are inherent limitations in exercise of that power of judicial review. government is the guardian of the finances of the state. it is expected to protect the financial interest of the state. the right to refuse the lowest or any other tender is always available ..... submitted by the learned senior counsel for petitioner, the impugned action and the reason for such action would run foul of the karnataka transparency in public procurements act and the rules.15. the second lowest bidder also has filed an impleading application to demonstrate that he was the complainant and his 25 complaint has resulted ..... someone; or whether the process adopted or decision made is so arbitrary and irrational that the court can say: the decision is such that no responsible authority acting reasonably and in accordance with relevant law could have reached ?. and (ii) whether the public interest is affected?. if the answers to the above questions are .....
Tag this Judgment!Court : Supreme Court of India
..... year, whether in respect of corporate or non-corporate assesses. 7.14 as for relevant provisions of the it act, 1961 is concerned, section 44ab of the it act, 1961 was inserted in the statute t.c. (civil) no.29 of 2021 etc. 82 book by the finance act, 1984 and the same came into force with effect from 01.04.1985. presently ..... enriched by a comparative discourse on state regulation of licensed professions as under: (i) justice powell, in ohralik vs. ohio state bar association, 436 u.s. 447 (1978), ( ohralik ), held that the state s interests implicated in the case of regulatory restriction on the practice of a licensed profession are particularly strong. the case pertained to ..... senior counsel, sri datar placed reliance on a judgment of this court in pathumma vs. state of kerala, t.c. (civil) no.29 of 2021 etc. 61 (1978) 2 scc1 ( pathumma ), in support of his contention that a just balance between the fundamental rights and the larger and broader interest of society must be struck by this .....
Tag this Judgment!Court : Supreme Court of India
..... taking cognizance of an offence punishable for the negligence of duty by a public servant, the unamended and amended section 4 are excerpted here under:- section 4, act of 1989 section 4, act of 1989 after amendment by act no.1 of 2016 4. punishment for neglect of duties- 4. punishment for neglect of duties- whoever, being ..... of dr. subhash kashinath mahajan (supra) dated 20.03.2018, the police was not supposed to register fir straightway, if allegations are falling under section sc/st act, but after enquiry if prima facie case is made out. the said directions were in operation till parliament had brought amendment and said directions were ..... unassailable in the circumstances of the case. therefore, the impugned judgment, for the above reasons and 23 deliberation, is unsustainable and contrary to the proviso to section 4(2) of the act of 1989. hence, the impugned judgment is set aside and the criminal appeal is allowed. . .. ...................j.[m. m. sundresh]. .... .................j.[s.v .....
Tag this Judgment!Court : Supreme Court of India
..... 1989. it is for this reason, that the order, 2019 with specific reference to para 2(13) has been introduced in exercise of the power conferred under section 103 of the act, 2019. 27.a similar issue was dealt with, way back in the year 1929 by the high court of calcutta in nibaran chandra v. emperor, 1929 a ..... order, 2019 was promulgated on 30.10.2019, with the appointed day being 31.10.2019. it was accordingly introduced after completion of the procedure contemplated under section 103 of the act, 2019.24. para 2(13) of the order, 2019 concerns itself with the circumstances under which the earlier laws would not be affected. it does not ..... and thus certainly not before the appointed day. the2019act vis- -vis the jammu and kashmir reorganisation (removal of difficulties) order, 2019 11 21.we place reliance on section 103 of the act, 2019 and para 2(13) of the jammu and kashmir reorganisation (removal of difficulties) order, 2019 (hereinafter referred to as the order, 2019 ) which are extracted .....
Tag this Judgment!Court : Supreme Court of India
..... after the conclusion of the selection process high court of gujarat, sola, ahmedabad - 380 060. date:12. 04/2022 sd/- registrar (recruitment and finance) syllabus for the legal knowledge of the written test (objective type - mcqs) : (a) the constitution of india the code of civil procedure, 1908, the transfer ..... entry into the ics, competitive examinations were conducted and for promotions to higher positions, seniority and experience were considered as important factors.78. under the charter act, 1833, following lord macaulay s report of the select committee of british parliament11, the concept of competitive examinations in modern civil services in india was ..... higher qualifications or higher marks in an examination does not mean that they are meritorious than others.573. in the united states, the federal civil services act of 1871, provides for filling of vacancies in higher positions by competitive promotion tests, wherever practicable. h. eliot kaplan, general counsel of the new .....
Tag this Judgment!Court : Supreme Court of India
..... grit (petrol pump) and ors. [c.a. no.542/2016].: the relief sought in this civil appeal is particularly regarding the release of the land under section 48 of the 1894 act. b) rajender singh chauhan vs. tarun kapoor and ors. [conmt.pet. (c) no.189/2019 in c.a. no.2690/2017].: in this contempt ..... the collector shall, thereafter, pass an award as early as possible but not exceeding six months, regardless of the maximum period of twelve months contemplated under section 25 of the 2013 act. the market value of the land shall be assessed as on 01st january, 2014 and the compensation shall be awarded along with all other monetary benefits ..... have the authority to obtain independent fact- finding enquiry reports, if deemed necessary. the inquiry could include determination as to whether after the notification under section 4(1) of the 1894 act, any transfer could have been effected and even if effected, whether such transfer is permitted by any law. once compensation is determined, the relevant .....
Tag this Judgment!Court : Supreme Court of India
..... service contained in section 2(1)(o) of the cp act 1986 and in section 2(42) of the cp act 2019 is the same which reads as under: - service means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport ..... under a contract of personal service.36. there is slight difference in the definition of deficiency in section 2(1)(g) of 1986 act and section 2(11) of 2019 act. the same is reproduced as under: - section 2(1)(g) of cp act, 1986:- section 2(1) (g) -"deficiency" means any fault imperfection, shortcoming or inadequacy in the quality, ..... time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. section 2(11) of cp act, 2019:- section 2(11) - "deficiency " means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to .....
Tag this Judgment!Court : Supreme Court of India
..... waiver granted under the rehabilitation scheme is of no assistance to the appellant as it was only of the customs duty.12. section 11 of the ft act reads thus: 11. contravention of provisions of this act, rules, orders and foreign trade policy. (1) no export or import shall be made by any person except in ..... the karnataka high court, challenging the order imposing a penalty of rs. 23,38,882/ under the provisions of section 11(2) of the foreign trade (development and regulation) act, 1992 (for short, the ft act ). the said writ petition was dismissed. by the impugned judgment, a writ appeal against the order of the learned ..... under the licence and commenced commercial production. however, the board for industrial finance and reconstruction (for short, bifr ), in its meeting dated 11th august 1999, declared karnataka biotics as a sick unit under section 3(1)(o) of the sick industrial companies (special provisions) act, 1985 (for short, sica ). the said company submitted a rehabilitation .....
Tag this Judgment!Court : Karnataka
..... that disqualification would apply when any work has been done even before the commencement of the election process, which is a matter that requires consideration.17. section 12(h) of the act reads as hereunder:- 12. disqualification for members.- a person shall be disqualified for being chosen and for being a member of a grama panchayat or ..... were to choose not to ratify the contracts) as when there is none".24. though amendments have been made to the r.p. act to introduce section 9a with an amendment to the section by introduction of an explanation with the clear intent that it would apply only as regards subsisting contracts, however, the objective even under the ..... v. sankalchand himatlal sheth, (1977) 4 scc193:1977. scc (l&s) 435; rbi v. peerless - 16 - nc:2024. khc:17150 wp no.21526 of 2022 general finance & investment co. ltd., (1987) 1 scc424 the treatise explains that: for ascertaining the purpose of a statute one is not restricted to the internal aid furnished by the statute itself .....
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