Court : Karnataka Dharwad
Decided on : Oct-03-2012
..... and (b) whether the board circular dt.14.7.1994, which has classified that the single panel circuit breakers are classifiable under chapter 8537 has retrospective effect? under the central excise tariff act, 1985 and the rules, 1944, the board had issued a circular dated 14.7.1994 with regard to classification of goods. hence the apex ..... regarding the distribution of the remaining amount are determined by the finance commission, which is appointed every five years. the board is constituted under the central board of revenue act, 1963. it is one of the six authorities constituted under the act (vide sections 116 of the act). this is the highest executive authority for administering the direct ..... with section 206(a) of the act). in view of huge tax liability as well as public interest and in the light of the ratio laid down by the honble apex court in the case of commissioner of income tax vs. west bengal infrastructure development finance corporation limited (order dated 10.12.2010 made in .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-11-2012
..... leased and appropriation thereof on payment of consideration, is a right to enjoy immovable property within the meaning of section 105 of the transfer of property act, 1882. 24. rule 22-a under chapter iv of the mc rules providing for grant of mining leases in respect of land in which minerals vest in the government, states that ..... by the regional controller or authorised officer of the state government. rule 33 provides for survey and demarcation of the area granted under lease by the state government. 28. chapter iv of the mcd rules provides for plans and sections while sub-rule 1 of rule 27 stipulates the general requirement about plans and sections. sub-rule (2 ..... by rule 29(i) of mc rules calling forth a survey of the said area and making an appropriate application enclosing the certificate issued under rule 29(a). chapter iv of the mcd rules envisages the general requirements of plans and sections, so as to ensure that mining area is clearly and correctly demarcated both on the .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-05-2012
..... and security deposit and fee paid, if any, may be refunded. 12. priorities:- (1) selection from amongst the applicants for grant of quarrying lease under this chapter shall normally be made in the following order of preference, namely:- (i) a corporation or undertaking owned or controlled by the state or central government and joint ..... resources and to prescribe a uniform framework with regard to systematic and scientific exploitation of granite throughout the country. therefore, both gcdr 1999 as well as kmmc 1994 can coexist since their provisions are not repugnant or incompatible to each other. so far as the present factual matrix is concerned, the problem would have ..... granted after such commencement. 4. the gcdr 1999 has been formulated by the central government in exercise of the powers conferred by section 18 of the mmdr act 1957. in the event of any irreconcilable differences between the two pandects of rules, the central rules which are also later in time would prevail. there .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Aug-21-2012
..... no dispute that the authority prescribed to hold the inquiry under sub-section (4) of section 129 of the act is the tahsildar. subsection (1) of section 136 of the act excludes the operation of chapter v of the act under which an appeal lies from an order of any revenue officer to the next higher revenue officer, in the ..... have to be scrutinized by the higher revenue court at least by way of revision, after exhausting the remedy of appeal, particularly when, as aforementioned the object of chapter xi is to finally decide disputes relating to entries in revenue courts. further, to entries in revenue courts. further, revisional jurisdiction may be necessary for keeping revenue ..... to the aggrieved party as against the order passed by the appellate authority. thejudgment of the full bench in gururajs case is holding the field since 1st august 1994, the date on which that judgment was delivered. in the said judgment, the full bench in paragraph-16 has observed that it did not subscribe to the .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-03-2012
..... strange result. in our quest for the true intention of parliament, therefore, we must eschew this wide liberal interpretation which will defeat or render otiose the scheme of chapters iv and v, part vi participated in articles 229 and 235, and instead, choose the alternative interpretation according to which members of the high court staff and the ..... 1992 sc 1368, 2) secretary to the government, harijan and tribal welfare department vs. nityananda pati, air 1993 sc 383, 3) union of india vs. v.p. seth, air 1994 sc 1261, 4) m.s. bindra vs. union of india, (1998) 7 scc 310, 5) state of gujarat vs. suryakant chunilal shah, (1999) 1 scc 530. and applying ..... 50 years. dixitulu had attained the age of 50 years on 12th march 1974. the committee resolved to prematurely retire among others in public interest. the chief justice, acting under article 229 of the constitution, read with rule 19 of the andhra pradesh high court service rules, etc., passed an order retiring the respondent from service in .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Mar-07-2012
..... it as an industrial area for the purpose of the act. simultaneously, another notification of even date was issued u/s 1 (3) of the act indicating that the provisions of chapter 7 of this act was made applicable and the statutory provisions provided for in this chapter for acquisition and disposal of land so notified will be ..... put into operation. 2. the third notification also came to be issued simultaneously on the very date u/s 28 (1) of the act indicating ..... by such approval nor the procedural requirements and exercise of power on relevant considerations can be given up. no statutory authority whether functioning under the present act or under any other enactment can abdicate its duties and responsibilities in favour of the decisions/clearance/approval of the so called state level single window .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-12-2012
..... balappa the nearest reversioner to akkayyamma, the plaintiff became the absolute owner of the suit property on ttie death of akkayyamma. in this regard, he would place finance on the judgment of the supreme coun in the case of mt. kamalabai and other vs. sheo shankar dayal and another reported in air 1958 sc 914 ..... v. smt. rattno (dead by legal representatives) and another reported in air 1967 sc 1786, that the scope of section 14(1) of the hindu succession act, 1956, and the reference to property possessed by a female, refers not only to actual possession but also constructive possession. the provision will become applicable to any ..... admittedly belonged to chikkabalappa and husband of akkayyamma. chikkabalappa had died leaving behind akkayyamma. the death of chikkabalappa was prior to coming into force of the hindu succession act, 1956. akkayyamma had executed a deed of release on 7 june 1922 in favour of venkatappa. venkatappa was the reversioner of akkayyamma and the recitals in the .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-03-2012
..... of particularity can ever obviate recourse to the setting in which all appear, and which all collectively create. 69. in the case of reserve bank of india v. peerless general finance and investment company limited and ors. [air 1987 sc 1023], it has been held as under.-- 33. interpretation must depend on the text and the context. they are ..... given to the chief justice in the consultative process, the apex court in the case of supreme court advocates-on-record association and another vs. union of india, air 1994 sc 268, held as under:- 104. there are innumerable impelling factors which motivate, mobilise and impart momentum to the concept that the opinion of the cji given in ..... would amount to conferment of a veto right on one of the consultees, which clearly is contrary to the express mandates of section 3(2)(b) of the act. the act does not make the advise or suggestion of the honble chief justice binding upon chief minister. any action taken by the honble chief minister, contrary to .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-02-2012
..... papers as the secretary, without any authority. both the petitioners took advantage oi their relationship with ii-respondent. the petitioners were mis-managing the affairs and finance of the trust. petitioner no. 1 has produced documents alleging that ii-respondent has tendered resignation. petitioner no.2 had abetted petitioner no. 1 in ..... as follows: (scc pp. 378-79, paras 102-103)"102.in the backdrop of the interpretation of the various relevant provisions of the code under chapter xiv and of the principles of law enunciated by this court in a series of decisions relating to the exercise of the extraordinary power under article ..... averments of complaint, petitioners are bent upon ousting ii-respondent from management of the trust in the circumstances. ii-respondent has filed aforestated complaints alleging various acts committed by petitioners during aforestated dates. at this stage, it is not possible to hold that first information lodged by ii-respondent is motivated to harass .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-01-2012
..... prescribed matters; and different forms, particulars and matters may be prescribed in different cases. (4) where a cover note issued by the insurer under the provisions of this chapter or the rules made there under is not followed by a policy of insurance within the prescribed time, the insurer shall, within seven days of the expiry of the ..... 11/2003. the policy of insurance was valid as on the date of the accident. the conductors license was issed in favour of the claimant on 05/03/1994. the same was renewed from time to time till 04/03/2003. however the conductors license of the claimant was not renewed subsequent to 04/03/2003. ..... may be prescribed. section 2(6):conductors licence means the licence issued by a competent authaority under chapter iii authorizing the person specified therein to act as a conductor. section 29 necessity for conductors licence: (1) no person shall act as a conductor of a stage carriage unless he holds an effective conductors licence issued to him .....
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