Court : Karnataka
Decided on : Nov-26-2004
Reported in : ILR2005KAR1443; 2005(1)KarLJ373
..... is a fit case for interference by this court and to quash the same.3. chapter v of the karnataka panchayat raj act, 1993 (for short hereinafter referred to as the 'act') deals with staff of grama panchayats and this chapter contains three sections. sections 111, 112 and 113. between these sections, we have to find ..... boards the said notification has to be duly published. the eligibility criteria for such appointments would be in accordance with the government order dated 10-1-1994 and the appointment should be based on the marks secured by the candidates in the examination prescribed therein. after making the selection of the candidates to be ..... community. the government order further states that the control and disciplinary action against such employees appointed by the grama panchayat should be under section 113 of the act. however, either the secretary of the grama panchayat or the grama panchayat if they decide to initiate any disciplinary proceedings against an employee, they should .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-13-2004
Reported in : ILR2004KAR2221; (2008)11VST100(Karn)
..... decisions of the learned single judges of this court in universal transformers v. assistant commissioner of commercial taxes, : ilr1997kar1402 and v. radhakrishnaiah setty v. commissioner of commercial taxes, 1994 (94) stc 226.11. in view of the above, to find out whether a particular portion of the total turnover has to be deducted as not liable to turnover ..... these revision petitions: (i) taxing of 'shrinkkomp' as 'cement' at 13% as falling under entry 7 of part 'c' of second schedule to the act; and (ii) subjecting the ..... ('act' for short). in regard to the assessment periods 1.4.1989 to 31.3.1990 and 1.4.1990 to 31.3.1991, the assessing authority passed orders of assessment dated 25.2.1994 and 29.4.1994 respectively.2. the petitioner had several grievances in regard to the orders of assessment, two of which are relevant in .....
Tag this Judgment!Court : Karnataka
Decided on : May-24-2004
Reported in : ILR2004KAR3519
..... issue of pass for transport of sandalwood; rule 160 provides for stoppage in transit of any forest produce in certain circumstances. therefore, reading of several rules set out in chapter vi of the rules, and particularly rules 144 to 146, make it clear that the rules have been framed providing for regulating movement of forest produce, and the ..... a) shall be accompanied by a fee of rupees fifteen.145(c) no goods vehicle as defined in clause (8) of section 2 of the motor vehicles act, 1939 (central act 4 of 1939) shall enter a reserved forest without a pass given by a forest officer duly authorised in this behalf and an application for such a pass shall ..... of 2000. it is a government of india undertaking incorporated under the provisions of the companies act, 1956 and is engaged in carrying on mining activity. the appellant in writ appeal no. 1169 of 2000 was the petitioner in writ petition no. 3718 of 1994. the appellant in writ appeal no. 4767 of 2000 was the petitioner in writ petition .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-16-2004
Reported in : AIR2005Kant205
..... which are available for sale in the market cannot be said to be for a public purpose. counsel submitted that the scheme of nationalization in chapter iv-a of the motor vehicles act was given up the whole undertaking of the various operators was not acquired but what was acquired was certain assets, most of which were available ..... different schemes called as kolar pocket scheme, anekal pocket scheme, dharwad pocket scheme, shimoga pocket scheme etc. the schemes have got overriding effect upon chapter-v in view of section 98 of m. v. act. the corporation was subsequently split into four corporations in the state. the petitioner in w.p. nos. 51804-07/2003 is one such ..... importance so attached is reflected in the following decisions rendered by the apex court :-air 2000 sc 2695air 1999 sc 1160air 1992 sc 523 (sic)air 1979 sc 65air 1994 sc 2696 the law is that directive principles being the basic structure of the constitution, the same shall not be either repealed or abrogated. in air 2000 sc .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-09-2004
Reported in : ILR2004KAR1546; 2004(2)KarLJ445
..... had worked as a manager in some of the prestigious readymade garments shops and thereby had acquired sufficient experience. they further averred that they have sufficient funds to finance the son's business in readymade garment business. notwithstanding several requests made by the petitioners, the respondents are not intending to vacate the schedule premises. consequently, they ..... really a complicated question, and was raised bona fide, it will be unfair to be resolved in a summary proceeding by the court as defined under the act. the act, does not vest any exclusive jurisdiction in the said court to decide the question of title while considering first proviso to section 8(1) of the mysore ..... of 1997. the review petition was also dismissed. ultimately, the said orders in crp no. 1225 of 1988 and cp no. 37 of 1994 were challenged in slp no. 15461 of 1994 before the hon'ble supreme court which declined to interfere with the order passed by this court. but, however, the apex court was pleased .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-15-2004
Reported in : AIR2004Kant348; I(2005)DMC372
..... in the contention of smt. hemalatha mahishi, learned counsel for the appellant that the parties cannot live together as husband and wife and it is better to close the chapter.35. the family court misdirected itself to the points in dispute between the parties, failed to consider the facts in the light of the authoritative pronouncements of the apex ..... 1993 till date, to contend that the marriage having broken down irretrievably, the parties could no longer live as husband and wife and it is better to close the chapter. lastly, she would contend that with the threat to life of the appellant, the respondent wife closed all doors for reconciliation and cohabitation which cannot be said that the ..... by the criminal court of the charges under sections 498a and 506-b of the indian penal code read with sections 3 and 4 of the dowry prohibition act in cc no. 6758 of 1994. so also, the observation of the family court in its judgment dated 24-7-1999 as at exhibit p1, extracted supra, the conduct of the .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-17-2004
Reported in : ILR2005KAR986; 2005(1)KarLJ439
..... dated 11th september, 1980notificationin exercise of the powers conferred by sub-clause (ii) of clause (a) of sub-section (1) of section 16 of the karnataka motor vehicles taxation act, 1957 (karnataka act 35 of 1957) and in supersession of notification no. hd 70 mvt 58, dated 13th march, 1959, the government of karnataka being of the opinion that it is necessary ..... an application was also filed on the same day for issuance of duplicate tax card on the ground that the original is lost. the registration certificate is dated 7-4-1994 and the vehicle in question was a new vehicle. on 1-3-1999, the intimation of non-use was provisionally accepted. the report dated 19-7-2001 states that the ..... v the deputy commissioner for transport and anr., 1986(2) blj 51; and v. surendran v the deputy commissioner for transport, bangalore and ors., w.a. no. 898 of 1994, dd: 21-12-1994, in re m.g. automobiles, w.p. no. 16172 of 1996, dd: 13-8-1996 and susheelamma v state of karnataka and ors., w.p. no. 45134 of .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-24-2004
Reported in : [2005(105)FLR1045]
..... is barred by law of limitation. it was taken after the expiry of 3 years from the date of alleged act i.e., 5-3-1994 when (the family court passed its judgment stating that smt. sreedevi has filed a written statement in o.s. no ..... an earlier certificate. there is reference to two orders. the order in o.s. no. 83 of 1992 is dated 5-3-1994. in the said proceedings, the present petitioner has sought for dissolution of his marriage with smt. sreedevi. in the said suit, ..... further says, that the aforesaid act is in contradiction to para 333 of the regulations. a copy of each of family court, ernakulanr judgment in case no. 83 of 1992 and family court, thrissur judgment in case no. 513 of 1994 is also enclosed.17. the petitioner ..... 1994. in the case on hand; a representation is made only on 13-6-1996. action was taken on 15-1-1998. in the given circumstances and on the admitted facts as rightly pointed out by col. nair, learned counsel, this matter is barred by time in terms of section 122 of the act .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-05-2004
Reported in : I(2006)BC186; [2005]124CompCas373(Kar); ILR2004KAR3986; 2004(7)KarLJ402; [2004]56SCL465(Kar)
..... submits that the appeal is maintainable and relied on the decision in pradeshiya industrial and investment corporation of u.p. v. north india pharmaceuticals ltd., : [1994]1scr815 . he submits that the decision in miland exports private limited (supra)was rendered on 27.11.1992 and later on the apex court had an occasion ..... correct may nevertheless be such as to justify the application of the 'just and equitable' jurisdiction and, conversely, that conduct involving illegality and contravention of the act may not suffice to warrant the remedy of winding up, especially where alternative remedies are available. where the 'just and equitable' jurisdiction has been applied in ..... order of admission has serious civil consequences and would have to be followed by an advertisement and therefore an appeal under section 483 of the companies act would lie, and ultimately allowed the appeal and set aside high court's order admitting the petition and dismissed the company petition. the decision in .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-07-2004
Reported in : AIR2005Kant50; ILR2005KAR1278; 2005(1)KarLJ118
..... now under the supervision of the committee appointed by the hon'ble high court and they need some time for removal of deficiencies, on the ground that finances are not available. on consideration of the said letter, mci reiterated its earlier decision to stop admissions for the academic year 2004-05 for the undergraduate ..... appellants.4. in the appeal, following questions were formulated for consideration:(1) whether the medical council of india has the authority under the indian medical council act, 1956 ('act' for short) to stop admissions in the second appellant-college?(2) whether the said action of the mci stopping admissions to undergraduate and post-graduate courses ..... above said view which was taken earlier in the case of ajay kumar singh v. state of bihar, : [1994]3scr57 has held that the advise, suggestion, recommendation made by the mci is binding and the government cannot act contrary.(c) the supreme court in the case of medical council of india, has expressly declared the law to .....
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