Court : Karnataka
Decided on : Apr-12-1999
Reported in : ILR1999KAR3232; 1999(4)KarLJ700
..... to plead that the maximum court fee payable for the said additional reliefs was rs. 200/-as provided under section 27 of the karnataka courts fees and suits valuation act, 1958 (the 'act', for short). along with i.a. 8, i.a. 11 under order 6, rule 17 of the cpc was also made for the plaintiffs for permission to implead ..... crp no. 1314 of 1994 which revision was rejected by order dated 26-9-1994. as a result, the said suit came to be formally registered on the file of the trial court and was being prosecuted by the plaintiffs against ..... the representative suit, the plaintiffs had made an application under section 92 of the cpc before the court below in miscellaneous no. 2 of 1994 which came to be allowed by its considered order dated 18-2-1994. that order of the trial court was challenged by the original defendant (petitioner in crp no. 2538 of 1996), before this court in .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-01-1999
Reported in : 1999(4)KarLJ707
..... 1975, the legislation would have so provided. section 1(3) of act 1995 reads as under.-'1(3) it applies to all educational institutions and tutorial institutions in the state except.- (i) institutions for scientific or technical education financed by the central government, and declared by parliament by law to be ..... institutions of national importance; (ii) institutions of higher education which shall be deemed to be university as declared by the central government by a notification, under section 3 of the university grants commission act, 1956 (central act iii ..... to or recognised by the university of agricultural sciences insofar as the matter pertaining to them are dealt within the university of agricultural sciences act, 1963 (karnataka act 22 of 1963); (iiia) educational institutions affiliated to or recognised by the council of indian school certificate examination or central board of .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-26-1999
Reported in : [2000(86)FLR986]; ILR1999KAR3065; 2000(1)KarLJ564
..... karnataka state government seeking permission to retrench 30 workmen including the petitioners. the non-compliance with the mandatory statutory provisions of section 25-k and 25n of the chapter v-b of act has rendered the orders of termination void ab initio in law. further, it is an admitted fact that either three months' notice or three months' notice ..... plea of the workmen as to whether the mandatory provisions under section 25-f, clause (b) and the mandatory provision under section 25-n of the chapter v-b of the act are complied with or not. these relevant aspects of the case have not been considered and answered by the additional labour court. in this regard, the ..... order1. the petitioners-workmen are aggrieved by the common award passed by the second respondent-additional labour court in i.d. nos. 205 to 212 of 1994, dated 5-11-1997, they have filed these writ petitions before this court challenging the same urging various legal contentions.2. the workmen raised an industrial dispute .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-09-1999
Reported in : ILR2000KAR922; 2000(2)KarLJ508
..... institutions, inculcation of healthy educational practices, maintenance and improvement in the standards of educational and better organisation, discipline and control of such institutions. chapter ix of education act deals with grant-in-aid and empowers the state government to set apart within the limits of its economic capacity a sum of money for ..... dated 16th of july, 1999, secretary to government, education department, has filed an affidavit stating that the government have by an order dated 22nd of october, 1994, admitted 60 institutions managed by sc/st communities to the benefits of grant-in-aid. two other institutions namely (1) muneshwara primary school, at bhalki and ..... and the furniture etc. rules 11 to 13 deal with recognition of such institutions and prescribe the conditions under which the institutions can be permanently recognised. chapter iv of the code deals with grant-in-aid and the conditions subject to which the same can be granted, recognition of the institution being one .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-22-1999
Reported in : 1999(3)KarLJ46
..... holidays, strikes, lockouts, temporary breakdown of machinery, periodic repairs to be effected to the machinery in the factory, non-availability of raw materials, paucity of finance etc. it may also be interrupted on account of anorder of court like the one we are confronted with in this case. interruptions in the running of ..... to be the same insofar as present four petitioners are concerned, the ownership and management functions having continued to be exercised by sri manohar rao, earlier acting as managing director of shankar transport company and later controlling 95% of interest in each of the four concerns. major portion of buses also remained with ..... sri vishwanath urges that, the new concerns for all purposes are establishments newly started and as such, entitled to infancy protection under section 16 of the act. before referring to the said decisions, we may look to the factual position, because, apart from the principlesenunciated in some of the decisions, particularly the .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-01-1999
Reported in : ILR1999KAR3009; 1999(5)KarLJ129
..... rules of 1978') framed by the government of karnataka in exercise of power conferred by sections 3 and 15 of the act of 1975, were applicable to the private educational institutions run by the petitioner-society. chapter iii of these rules deal with the nature of penalties and the manner in which action by the disciplinary authority of the ..... to be allowed by this court. then, the matter was transferredfrom bidar tribunal to the tribunal at gulbarga where it came to be renumbered as kpea 13 of 1994.8. admittedly, the parties did not chose to lead any further evidence in appeal before the tribunal. though an application stated to have been made by the management ..... -9-1997 of the learned ii additional district judge-cum-the educational appellate tribunal at gulbarga ('the tribunal' for short) pronounced in appeal in kpea no. 13 of 1994 of respondent 1-b.s. shirol (hereinafter referred to as 'the delinquent') allowing the same and setting aside the order dated 11-4-1989 of the management which .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-04-1999
Reported in : 1999(2)ALT(Cri)488; I(2000)DMC185; 1999(5)KarLJ183
..... and expressions used herein and not defined but defined in the indian penal code (45 of 1860) have the meanings respectively assigned to them in that code'.chapter 2 of the indian penal code deals with general explanation. learned counsel for the revision petitioner made reference to section 8 which reads as under.-'section 8. ..... or propriety of the order and as to the regularity of these proceedings. but, apart from the orders of final nature and apart from orders passed under chapter ix of the code of criminal procedure, no revision is entertainable under section 19(4). but, if the order passed under criminal procedure code itself is of interlocutory nature ..... the husband of such minor female child, if married, is not possessed of sufficient means.explanation.--for the purposes of this chapter.-(a) 'minor' means a person who, under the provisions of the indian majority act, 1875 (19 of 1875), is deemed not to have attained his majority.(b) 'wife' includes woman who has been divorced .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-06-1999
Reported in : [2001]121STC175(Kar)
..... not relevant in determining the nature of the transaction which, in the instant case, is obviously works contract.28. in sarvodaya printing press v. state of maharashtra [1994] 93 stc 387, full bench of the bombay high court held that the supply of printed triplicate receipt books to specifications to state electricity board is not a ..... contracts of sale nor the direct or indirect works contract involving supply of photo papers. no sale of photo papers was involved which could be taxed under the act.'30. in words and phrases the word 'photography' is denned as under :'photography' is the science which relates to action of light on sensitive bodies in ..... v. collector of central excise, hyderabad : 1994ecr349(sc) it was observed :'........marketability is an essential ingredient in order to be dutiable under the schedule to the act......the 'marketability' is thus essentially a question of fact to be decided in the facts of each case. there can be no generalisation. the fact that the goods .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-06-1999
Reported in : [2000]244ITR188(KAR); [2000]244ITR188(Karn)
..... the income-tax officer to mention the explanation in the notice issued. the tribunal was right in holding that the explanation under section 271(1)(c) of the income-tax act could be invoked at any stage even if no show cause notice had been issued under the said explanation and the assessee had no opportunity of meeting the department's ..... in the copy of the show-cause notice issued, it is mentioned as to why the order imposing-penalty should not be made under section 271 of the income-tax act, 1961. it is not the case of the assessee that any other explanation was applicable or that he was not able to understand the notice. after service of the notice ..... referred the following two questions of law arising out of its order dated august 16, 1994, pertaining to the assessment year 1990-91 :'1. whether the income-tax appellate tribunal was right in holding that the explanation under section 271(1)(c) of the income-tax act could be invoked at any stage even if no show cause notice had been issued .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-24-1999
Reported in : (2000)ILLJ631Kant
..... by the petitioner cannot be granted particularly the prayer made at para. 18(a) of the writ petition, it is stated that vivek textile mills was jointly financed by ksfc and ksiidc by advancing a sum of rs. 29 lakhs and 38 lakhs respectively. in view of the default committed by the mill after compliance of ..... the process of law, the recovery certificate was issued to the deputy commissioner, bangalore under section 3 of the karnataka public money (recovery of dues) act of 1979. pursuant to the said certificate, the tahsildar brought the mortgaged and the hypothecated properties of the mills for sale as there were no bidders. the corporation ..... the labour commissioner granting permission to the first respondent sangha to initiate proceedings against the petitioner and other director for the violation of the provisions of i.d. act cannot be granted.18. the second prayer sought by the petitioner, which was later amended, is to quash the award of the labour court dated january 28, .....
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