Court : Karnataka
Decided on : Dec-06-2019
..... order this day, the court made the following: order in these petitions, petitioners have prayed for striking down the provisions of chapter xii - h inserted in the income tax act, 1961 (for short act, 1961) by the finance act, 2005 (for short act, 2005) w.e.f. 1.4.2005 on the score that it is offending the provisions of article 14 of ..... are grouped together from others left out of the groups and the differentia must have a rational relation to the object sought to be achieved by the punjab amending act, 1994 in question. a law based on a permissible classification fulfills the guarantee of the equal protection of the laws and is valid whereas a law based on an ..... the legislature. this is not charting any hazardous course but is amply borne out by an observation worth reproducing in extensor in seaford court estates ltd., v. asher (1994) 2 kb481 it reads as under: whenever a statute comes up for consideration it must be remembered that it is not within human powers to foresee the manifold sets .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-26-2019
..... among members of the general council under the head of audit, accounts of the akademi shall be audited by the auditor general of india. byelaws chapter 1 of byelaw appointing authority definition is in relation to any post under the akademi, means authority competent to make appointment under the recruitment rules approved ..... akademi had a history how it was constituted. the object behind constituting national akademi of letters in india was considered by the colonial british government and in 1994, a proposal from the royal asiatic society of bengal in the formation of national cultural trust was, in principle, accepted. the original plan conceived of ..... order but was subsequently registered as a society under the indian societies registration act, 1860. the constitution of the respondent/sahitya akademi provides that it will be run by three authorities viz., a general council, an executive board and a finance committee. the general council is empowered to elect president and vice president, .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-01-2019
..... situated at kapu in udupi taluk managed by gowda saraswatha brahmin community. r-3 having served the temple as a manager for several years, on 4.9.1994. resignation of r-3 was accepted by the appellant. later he raised a dispute before the labour court and during the pendency of the case he ..... kundapura temple for short) against an order dated 26/04/2012 passed by the deputy chief labour commissioner and appellate authority under the payment of gratuity act, 1972 (the act of 1972).4. the facts have been succinctly stated in the order of reference extracted above. the controversy before this full bench revolves around the ..... chapter delineates classification of temple servants in rule5; age limit for appointment and retirement of archakas and indoor temple servants in rule-6; disqualification for appointment of archakas and temple servants in rule-7; emoluments of archakas and temple servants in rule-8; salary etc., of temple servants who are in service on the date of commencement of the act .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-16-2019
..... building rules, as in force on the date of application for sanction, would militate against the very scheme of the act contained in chapter xii and the building rules which intend to regulate the building activities in a local area for general public interest and convenience ..... commissioner & competent authority department of mines & geology khanija bhavan race course road bengaluru-560001 additional chief secretary & chairman rule11committee constituted under kmmc rules, 1994 vidhana soudha bengaluru-560001 the chairman & deputy commissioner district task force (mines) committee chikkaballapura district chikkaballapura-562101 2.3. 4.5. (by sri ..... soudha bengaluru bengaluru-560001 the director department of mines & geology khanija bhavan bengaluru-560001 additional chief secretary & chairman rule11committee constituted under kmmc rules, 1994 vidhana soudha bengaluru-560001 the chairman & deputy commissioner district task force (mines) committee ramanagram taluk and district-562159 2.3. 4.5. .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-19-2019
..... , beech road, surathkal, mangaluru574146, represented by the executive engineer. .. respondents this civil miscellaneous petition is filed under sections116) and12of the arbitration and conciliation act, 1996 praying to appoint an independent arbitrator as substitute arbitrator to decide the dispute between the petitioner and union of india arising out of contractual agreement in ..... para -14, wherein it was held that under the previous motor vehicle act, it implies direct personal benefit or an economic nature, it may include any interest direct or indirect which a person has in relation to the finances of the undertaking. in the present case, the arbitrators were retired from ..... 56 respondent no.2, 10-15 years back and they have not affiliated merely because they are getting pension is not bound to act partial, the learned arbitrator is expected to act impartially who appointed with .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-12-2019
..... search took place, the total income for the entire previous year having not been computed, there is application to quantify the tax as per the rate fixed by the finance act and only after concluding the evasion of the tax as contended in the complaint as per section 276(c)(1) of income tax ..... section 270a or clause (iii) of sub- section (1) of section 271 has been reduced or waived by an order under section 273a. (2) any offence under this chapter may, either before or after the institution of proceeding be compounded by the principal chief commissioner or chief commissioner or a principal director general or director general. (3) where any ..... in order to substantiate his contention he relied upon the decision in the case of printers (mysore) ltd. and another vs. assistant commercial tax officer and others reported in (1994) 2 scc434 it is his further submission that a definition clause does not necessarily in any statute apply in all possible contexts in which the word which is defined may .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-21-2019
..... other interpretation would be in the teeth of the provisions of section 161.30. the appointments and qualifications of directors is provided in the act under chapter-xi. the sections 152, 154 and 161 occur in the same chapter and all relate to the appointment of directors. if that be so, then sub-section (3) of section 152 also comes into play. irrespective ..... of relevance in the instant case.25. the clause commences with the phrase subject to the provisions of the act. in the first chapter of the articles of association, titled as interpretation the word the act or said act is defined to mean the companies act and includes any reenactment or statutory modification thereof for the time being in force. on a conjoint reading of .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-27-2019
..... .6 to 9 and 13 to16) which reads as under:10. 6. section 144c was inserted in the act by the finance act, 2009 and came into effect from 1st october, 2009. in the notes on clauses to the finance bill, 2009, the reason for insertion of section 144c was as under: the subjects of transfer pricing audit ..... transaction referred under sub-section (1), comes to the notice of the transfer pricing officer during the course of the proceedings before him, the provisions of this chapter shall apply as if such other international transaction is an international transaction referred to him under sub-section (1)). in respect of (2b) where an international transaction ..... report under section 92e, and such transaction comes to the notice of the transfer pricing officer during the course of the proceeding before him, the provisions of this chapter shall apply as if such international transaction referred to him under sub- section (1). transaction is an (2c) nothing contained in sub-section (2b) shall empower .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-26-2019
..... that power personally unless he has been expressly empowered to delegate it to another. administrative law, by h.r. wade and c.f. forsyth (9th edition), chapter- 10 as follows: inalienable discretionary power; it causes an element which is essential to the lawful exercise by the authority upon whom it is conferred and by ..... 1991on the establishment of high court of karnataka. he has earned promotion to the cadre of judgment writer, senior judgment writer and assistant registrar on 3.10.1994, 5.8.1997 and 23.5.2012 respectively. he was permitted to change of cadre as assistant registrar (secretarial services) on 4.3.2013.3.... ..... falls.33. in badrinath v. govt. of tamil nadu & ors., air2000sc3243 this court observed that once the basis of a proceeding is gone, all consequential acts, actions, orders would fall to the ground automatically and this principle of is applicable to judicial and quasijudicial proceedings is equally applicable to administrative orders. order which consequential .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-26-2019
..... protection of two years and one year, orissa panchayat samiti act, 1959 provides for a protection of two years, orissa grama panchayats act, 1964 provides for a protection of two years, punjab panchayati raj act, 1994 provides for a protection of two years, rajasthan panchayati raj act, 1994 provides for a protection of year, rajasthan municipalities act, 2009 provides for a protection years and two one 17 ..... of another one year in case one motion of no confidence is defeated. bihar panchayat raj act, 2006 provides for a protection of two years and one year, bihar municipal act, 2007 provides for a protection of two years and one year, himachal pradesh panchayati raj act, 1994 provides for a protection of two years and two years, madhya pradesh panchayat raj avam gram .....
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