Court : Karnataka
Decided on : Nov-28-1990
Reported in : ILR1990KAR4364
..... to be conferred on them. chapter ii of the act deals with the corporation, standing committee and medical benefit council and their constitution; chapter iii deals with the problem of finance and audit; chapter iv make provisions for contribution both by the employees and the employer, and chapter v prescribes the benefits which ..... have to be conferred on the workmen; it also gives general provisions in respect of those benefits. chapter ..... this, it does not follow that this ruling is an authority for holding that there must be an element of quid pro quo. chapter va of the act consisted of transitory provision. that ceased to have effect from 1st july, 1973. in dealing with the liability of employers to make .....
Tag this Judgment!Court : Karnataka
Decided on : May-28-1990
Reported in : AIR1991Kant63; ILR1990KAR1882
..... state of karna-laka. chapter 11 of the act deals with the establishment of markets, chapter iii refers to constitution of market committees, chapter iv refers to conduct of business, chapter v refers to the staff of the market committee, chapter vi relates to power and duties of market committee, chapter vii pertains to regulation of trading, chapter viii deals with the market fund, chapter ix is concerned with ..... special commodity markets, chapter x relates .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-15-1990
Reported in : (1991)93CTR(Kar)76; [1991]189ITR392(KAR); [1991]189ITR392(Karn); 1991(1)KarLJ233
..... trust in the hands of the trustee or trustees. barring that difference, the purpose of the two sections appear to be the same. by an amendment brought about by the finance act, 1984, with effect from april 1, 1985, section 161(1a) with its proviso and explanation reads as follows : '(1a) notwithstanding anything contained in sub-section (1), where any ..... of a trustee. even though the income to be assessed is the income of a trustee, it must be assessed under one of the heads mentioned in chapter iii of the act and the provisions laid down with regard to the computation of the income must be carried out. section 41 will come into play after the income has been ..... ; but any such assessment shall be deemed to be made upon him in his representative capacity only, and the tax shall, subject to the other provisions contained in this chapter, be levied upon and recovered from him in like manner and to the same extent as it would be leviable upon and recoverable from the person represented by him. .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-26-1990
Reported in : AIR1991Kant186; 1990(3)KarLJ589
..... has not made any discrimination between a wife and a woman answering to other descriptions. the right of the wife in married status falls u/s. 7 of the act. the adoption is to the family and not to individual spouses. this is the practice obtaining in all civilised societies which recognise the family as a unit in ..... is only through a son, a hindu may attain heaven, (2) in satisfaction of parental instinct. (3) to transfer property by succession. it was therefore, even before the act came into force, the customary hindu law recognised the right of the widow to make an adoption. the other two reasons could be concurrent where parents are without children. there ..... status in society. she has already taken a child, manila, since 1988 who is being brought up by her. her grievance is that under sec. 8 of the act which specifically deals with power of woman to adopt excludes a wife from making a similar adoption. therefore, the wife is discriminated as against a divorcee (woman) unmarried adult .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-12-1990
Reported in : ILR1990KAR4242
..... imposing ceilings of land holdings and termination of landlord and tenant relationship in respect of tenanted lands and further conferment of occupancy rights on tenants personally cultivating the lands. chapter iii of the act contains provisions for termination of relationship of landlord and tenant, vesting of tenanted lands in the state and thereafter grant of occupancy rights to the tenants. the material ..... to which the rights under chapter iii have to be determined is 1st march, 1974. section 44 provides that all lands held by or in possession of tenants (including tenants against whom a decree or order for eviction or a certificate for resumption is made or issued) immediately prior to the date of commencement of the amendment act, other than lands held .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-08-1990
Reported in : [1994]92STC278(Kar)
..... television sets was reduced from 13 per cent to 4 per cent. 5. by notification dated june 20, 1986 the tax payable by the dealer under section 5 of the act on television sets, and components manufactured in karnataka was reduced to 2 per cent. the 4 per cent tax payable by all dealers reduced under notification dated march 26, 1986 ..... its factory at madras. the television sets are sold under the brand-name 'solidaire'. the petitioner is a dealer registered in the state of karnataka under the karnataka sales tax act, 1957 ('the act'). 2. the notification dated june 20, 1986, issued by the government in exercise of the powers conferred under section 8-a of the ..... of 1957) the government of karnataka hereby reduces with immediate effect, the rate of tax payable by a dealer under section 5 of the act, on television sets and components manufactured in karnataka to two per cent.' 3. the manufacturers of television sets outside the state had to pay tax under entry 53-a of .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-18-1990
Reported in : [1992]75CompCas405(Kar); ILR1990KAR2925; 1990(2)KarLJ475
..... proceed to recover the money firstly from the assets of the society and, secondly, from its members, to the extent of their debts to the society. 8. chapter 3 of the credit operations act, 1975 (act 2 of 1975), provides the procedure for recovery of dues by the credit agency. rule 3 of the karnataka agricultural credit operations and miscellaneous provisions rules, 1975 ..... force on june 1, 1960, and the karnataka agricultural credi't operations and miscellaneous provisions act, 1974 (act 2 of 1975) (hereinafter called 'the credit operations act'), which came into force on july 17, 1975. by section 17 (chapter 4) of the credit operations act, certain provisions of the kcs act were amended by inserting a couple of new provisions. therefore, the provisions of the kcs .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-23-1990
Reported in : ILR1990KAR3320
..... and 19 on which the learned counsel for the petitioners have relied do not throw any light on the proper construction of section 38 of the act. these provisions come under chapters ii and iii of the act which deal with the general working of the b.d.a. and not with the power of the b.d.a. to acquire land otherwise ..... framed:-(i) b.d.a. (allotment of sites) rules.(ii) b.d.a. (disposal of corner sites and commercial sites) rules.(iii) b.d.a. (allotment of buildings under self financing housing scheme) rules.under all these three sets of rules, the bda is invested with the power to transfer. therefore, only such of those transfers as are permitted under the ..... . mr. u.l. narayana rao, learned counsel appearing for the appellant in w.a. 1696/88, would urge that sections 35, 36 and 37 of the act deal with acquisition of land, property and finance of the bda. the object of these sections is to vest the property in the bda. the meaning of 'vest' is nothing more than vesting the title .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-23-1990
Reported in : ILR1990KAR1456
..... v. state of karnataka, : ilr1989kar75 bopanna, j, considered the scope of section 38 of the act and held as follows:-'section 38 comes under chapter v of the act. chapter v deals with property and finance of the board. section 38 of the act reads as:'power or authority to lease, sell or transfer property - subject to such restrictions, conditions ..... for the purpose of such development and for purposes incidental thereto. section 19 deals with the sanction of the scheme prepared under section 15 of the act. section 19(1) comes under chapter iii - development scheme and reads as:'upon sanction, declaration to be published giving particulars of land to be acquired. upon sanction of the scheme ..... the learned counsel for the petitioners have relied do not throw any light on the proper construction of section 38 of the act. these provisions come under chapters ii and iii of the act which deal with the general working of the bda and not with the power of the bda to acquire land otherwise than .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-25-1990
Reported in : AIR1991Kant111
..... supplied. in the present case, it is not in dispute that the power exercised to levy water rate falls under s. 103 of the act and not under chapter xiii of the act.4. learned counsel for the respondents refuting the contentions advanced on behalf of the petitioners submitted that the tax levied under s. 103(b)(ix ..... proposal made by thecorporation and the objections filed by those who are likely to be affected by that proposal has been considered after hearing the objectors by the finance & taxation committee who reported to the corporation and corporation has once again in detail considered the objections as well as the various aspects of the matter before ..... by the enhancement. the said notification was published in the gazette dated 10-10-1985, and in the local newspapers too. the corporation authorised its taxation and finance committee to look into the objections that were filed by the users and make a report. the standing committee not only considered the objections filed by the various .....
Tag this Judgment!