Judgment Search Results Home > Cases Phrase: finance act 1992 section 102 amendment of schedule iii Court: karnataka Page 92 of about 1,207 results (0.184 seconds)

Mysore Minerals Limited, Bangalore. Vs. Veerabhadra Vahana Engineers P ...

Court : Karnataka

Reported in : 2009(4)KantLJ711(DB),2009(3)KCCR2090(DB),ILR2009KAR2339; 2009(4)KarLJ711

..... it is further averred that in view of the promise held out by the respondent, petitioner entered into contract with foreign buyer and in view of the unilateral act on the part of the respondent in reducing the quantity of iron ore fines agreed to be sold, the petitioner has suffered financial loss and bank had sanctioned financial facility to a ..... accordingly, we pass the following:order(i) writ appeal no.1951 of 2007 is allowed;(ii) writ appeal no.2012 of 2007 is dismissed;(iii) the order dated 3-8-2007 passed by the learned single judge writ petition no.12727 of 2004 is set aside and writ petition no.12727 of ..... of mysore and others air 1954 sc 592: 1955 scr 305;(ii) basheshar nath v commissioner of income-tax, delhi and rajasthan and another air 1959 sc 149: (1959)35 itr 190 (sc);(iii) state of madhya pradesh and another v thakur bharat singh air 1967 sc 1170: (1967) 2 scr 454;(iv) d.f.o. ..... lal lakshmi reddy v state of jammu and kashmir and another air 1980 sc 1992: (1980)4 scc 1,(viii) gujarat state financial corporation v lotus hotels private limited air 1981 sc 848: (1983)3 scc 379;(ix) life insurance corporation of india v escorts limited and others air 1986 sc 1370: ..... the requirement of article 14 being the duty to act fairly, justly and reasonably, such action of a public officer in discharge of public duty should conform to the said ..... (v) every holder of a public office by virtue of which he acts on behalf of a state or public body is ultimately accountable to the people in .....

M/S Super Sales Corporation and Others Vs. the Debt Recovery Tribunal ...

Court : Karnataka

..... passed against him,- (i) is about to dispose of the whole or any part of his property; or (ii) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the tribunal; or (iii) is likely to cause any damage or mischief to the property or affect its value by misuse or creating third party interest, the tribunal may direct the defendant, within a time to be fixed by it, either to furnish security, in ..... made before or after the enforcement of security interest and recovery of debts laws (amendment) act, 2004 for the purpose of taking action under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (54 of 2002), if no such action had been taken earlier under that act: provided further that any application made under the first proviso for seeking permission from the ..... section 29 of the act the provisions of the second schedule of the income-tax act, 1961 would "as far as possible, apply with necessary modifications" to any proceeding under the act ..... this act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984) [the sick industrial companies (special provisions) act, 1985 (1 of 1986) and the small industries development bank of india act, .....

Nike India Private Limited, Rep. Herein by its Company Secretary and A ...

Court : Karnataka

..... the commissioner bruhat bengaluru mahanagara palike (ilr 2015 kar 2130) would contend that in a petition filed under section 11 of the act, this court at the outset will have to arrive at a conclusion with regard to the existence or otherwise of arbitration agreement, as reference to arbitration can only be with respect to parties to arbitration agreement and not ..... the learned senior counsel for the respondent in that view has referred to section 7 of the act and would contend that the arbitration agreement relied on by the petitioner is not in terms thereof as the respondent ..... the petitioner contends that clause 21 of the master store agreement dated 01.06.2015 amended by the addendum no.1 provides for resolution of the dispute through the panel of arbitrators to be appointed in ..... the petitioner is before this court in this petition under section 11(6) of the arbitration and conciliation act, 1996 ('the act' for short) seeking that an arbitrator be appointed as provided under the master store agreement dated 01.06.2015 to resolve the ..... (prayer: this petition is filed under sec.11(6) of the arbitration and conciliation act 1996, praying to; appoint such arbitrator as this court may deem fit and refer the disputes that have arisen between the parties for adjudication by arbitration under the ..... monnet finance ltd and others (2011)1 scc 320] c) karnataka power transmission ..... iii) registry is directed to send a copy of this order to the learned arbitrator and the petitioner to also file the .....

Mysore Minerals Ltd. Rep. by Managing Director Vs. Veerabhadra Vahana ...

Court : Karnataka

Reported in : ILR2009KAR2339; 2009(4)KarLJ711

..... it is further averred that in view of the promise held out by the respondent, petitioner entered into contract with foreign buyer and in view of the unilateral act or the part of the respondent in reducing the quantity of iron ore fines agreed to be sold, the petitioner has suffered financial loss and bank had sanctioned financial facility to s sum of rs. ..... the requirement of article 14 being the duty to act fairly, justly and reasonably, such action of a public officer in discharge of public duty should conform to the said requirement of law. ..... (v) every holder of a public office by virtue of which he acts on behalf of a state or public body is ultimately accountable to the people in whom sovereignty vests. ..... (iii) the order dated 3.8.2007 passed by the learned single judge writ petition no. ..... (iii) the pre contract stage squarely falls within the realm of public law character and, therefore, the decision must not only be tested by principles of wednesbury's principles of reasonableness but must be free from arbitrariness not ..... (iii) state of m.p. v. ..... it is averred in the writ petition that the writ petitioner is a private limited company registered under the companies act, 1956. ..... (x) the interpretation and implementation of a covenant in a contract ordinarily cannot be the subject matter of writ petition, and the same has to be determined according to the principles of the contract act.13. .....

Shivappa @ Shivamani S/O. Basappa Soppin, Vs. the State of Karnataka b ...

Court : Karnataka

Reported in : ILR2007KAR4222; 2008(3)KarLJ199;

..... in a proper perspective comes to the right conclusion that the prosecution has proved the guilt of the accused beyond reasonable doubts and that the accused-appellants herein have committed the offence punishable under section 498-a, 302 r/w 34 of i.p.c. on re-appreciation of the material on record we hold that the trial court is justified in coining to such conclusion and we do not find any reasons to interfere with ..... . 2 & 3 are not guilty for the offence punishable under section 4 of the dowry prohibition act and the finding of the trial court is requires to be interfered with to that extent in this appeal.point ..... 000/- each, in default to undergo ri for one year for the offence punishable under section 4 of the dowry prohibition act r/w 34 of ipc both the sentences are ordered to run concurrently.2. ..... nos. 2 & 3 are guilty of the offence punishable under section 4 of the dowry prohibition act is liable to be set aside and we hold that they are entitled to be acquitted for the said offence and we further hold that ..... . 10,000/- and in default of payment of fine, to undergo rigorous imprisonment for one year for the offence punishable under section 4 of the dowry probation act read with section 34 ..... . 1 is to be further sentenced for the offence punishable under section 4 of the dowry prohibition act read with section 34 ..... .(iii) the court has to scrutinize the dying declaration carefully and must ensure that the declaration is not the result of tutoring, prompting or .....

P. Rajalakshmi and Others Vs. M. Lakshmesh and Others

Court : Karnataka

..... it was urged that the deputy commissioner for inams abolition indeed passed an order in favour of subbalakshmamma granting 1/7th share to an extent of 1 acre 3 guntas under section 9(1) of the inams abolition act, observing that the said grant was subject to the rights of any other person including that of the society and its vendors whose applications for grant of occupancy rights at that ..... ex.p-8 is the notification dated 19.12.1961 issued under section 18(1) of the city improvement act, 1945, notifying that the lands specified in the schedule to the said notification were required for public purpose for formation of layout between magadi road ..... an opportunity expressly provided after remand and despite a specific plea taken by way of amendment of the written statement after remand, 1st defendant has failed to adduce any evidence in ..... iii) the allottees-appellants in r.f.a.no.902/2008 are together held entitled to receive 30% of the compensation payable to the acquired portion proportionate to the sites allotted to them, which shall be distributed proportionately amongst the ten ..... (iii) whether the judgment and decree passed by the trial court suffers from any illegality or perversity warranting interference by this court in exercise of ..... iii ..... (iii) whether defendants prove that the land in sy.no.132/2 of jodi kempapura agrahara village was the subject matter of grant of occupancy rights to a tenant by name muniyappa in an extent of 1 ..... (iii) whether the plaintiff proves that 1/7th .....

Nagarika Seva Trust (R) and ors. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2003(4)KarLJ79

..... section 102 of the amended act focuses on the method of assessment of ..... have merely invited objections to the proposed scheme from the general public and in some of the cases the scheme is attacked on the ground that the levy on some of the items mentioned in the schedule is excessive and yet in some other cases, it is stated that the municipal councils or the corporations have not taken into consideration the objections filed by the residents for the proposed scheme etc. ..... the person liable to pay property tax has an option either to accept the property tax assessed and the levy of penalty or to file his objections, if any, before the officers prescribed under the act within 30 days from the date of receipt of copy of the assessment order and if such objections are filed, the prescribed officer shall consider the objections and pass such order either confirming or revising ..... that the subject-matter of the act being a tax on the capital value of the land or buildings or both, it is a tax on the capital value of the assets of the individual and therefore the impost falls within the scope of entry 86 of list i of seventh schedule of the constitution and not under entry 49 of list ii of the seventh schedule and therefore, the state legislature has no competence to enact the impugned amended legislation and some other learned counsels ..... were known as the karnataka stamp (constitution of committee for estimation of property) rules, 1992, rule 3 provided for constitution of the committee. .....

Bangaramma Vs. Nanjamma

Court : Karnataka

Reported in : ILR1993KAR230; 1993(1)KarLJ116

..... by the judgment and decree dated 23.8.1974 set aside the finding recorded by the lower appellate court on items 4 and 5 and held that the alienation of the suit items 4 and 5 of the 'a' schedule properties was not binding upon the shares of the plaintiffs and the first defendant. ..... the lands assessed to payment of revenue to government shall be made by the deputy commissioner or his gazetted subordinate deputed by him in this behalf as required under section 54 cpc and the partition of other properties shall be divided by the commissioner appointed by the court in this behalf. ..... , the learned district judge modified the decree of the trial court and held that items 2 and 3 of 'a' schedule were not the joint family properties and items 4 and 5 did not belong to the joint family therefore, the plaintiffs were not entitled to any share in those items; that only half portion in items 6, 7 and 8 of the 'a' schedule were available for partition and the remaining half belonged to defendant no.2. ..... to be well settled that the distinction between what is, and what is not a right preserved by the provisions of section 6 of the general clauses act is often one of great fineness. ..... it is also settled position of law, as held by this court that the karnataka prevention of fragmentation and consolidation act would be applicable and would become relevant only at the time when the actual division of the agricultural lands take place (see : basappa ..... the amendment effected to the act by karnataka act no .....

Consolidated Coffee Limited Vs. the District Registrar and anr.

Court : Karnataka

Reported in : ILR2004KAR781; 2003(6)KarLJ273

..... transaction under the deed, having regard to the contents of the deed, is a sale and not mere assignment and the leasehold property is absolutely conveyed to the petitioner and therefore, surcharge under section 164(7) of the panchayat act, is attracted and the petitioner had sought for decision of the district registrar regarding duty payable and has accordingly, paid the stamp duty and got the document registered on 6-6-1985 and is not ..... west nemmale village of virajpet taluk, kodagu district together with factory, buildings, bungalows, labour quarters and other constructions all of which pieces and parcels of land and constructions are more fully described in the schedule hereunder written and hereinafter called 'glenlorna tea estate' to have and hold the same for the unexpired term of the lease together with plants, trees, hedges, ditches, fences ways, water courses, rights ..... determination is:whether the instrument dated 5-6-1985 executed in favour of the petitioner is a mere assignment of lease chargeable to stamp duty under article 53 of the stamp act as contended by the learned counsel for the petitioner or a sale chargeable under article 20 and attracts surcharge under section 164(7) of the panchayat act, as contended by the respondent?it is clear from the provisions of section 2(1)(d) of the stamp act and articles 20 and 53 of the schedule to the stamp act that stamp duty payable is the same. ..... (iii) does not survive for consideration in view of answers to questions (i) .....

S.M. Rao and ors. Vs. the Deputy Commissioner and District Magistrate ...

Court : Karnataka

Reported in : ILR2003KAR4678

..... of punjab, (f.b )) is sound: 'courts do very often take notice of events that happen subsequent to the filing of suits and at times even those that have occurred during the appellate stage and permit pleadings to be amended for including a prayer for relief on the basis of such events but this is ordinarily done to avoid multiplicity of the proceedings or when the original relief claimed has, by reason of change in the circumstances, become in ..... as regards carrying out works in compliance with any order or direction made by any authority under any law or carrying out of works by an authority in exercise of its power under any law by virtue of sub-clauses (ii) and (iii) of clause (b) of explanation to proviso of sub-section (2) of the section 14 of the planning act, there was no need for the board to obtain prior permission under ..... . the consequence of these changes brought about by the constitution (44th amendment) act, 1978, in short is that - (i) the right to hold property has ceased to be a fundamental right under the constitution of india; (ii) it has been left to the legislature to deprive a person to the authority of law; if such law takes ..... cause of action is deficient but later events have made up the deficiency, the court may, in order to avoid multiplicity of the litigation, permit amendment and continue the proceeding, provided no prejudice is caused to the other side ..... . prior to the constitution (44th amendment) act, 1978, the right to property was guaranteed .....