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 : 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 .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-26-2019
..... shall be final.5. on the terms of the section, the direction issued by the government may appertain to 12 the discharge of the board's functions. chapter iv of the act provides for the powers and duties of the board. after defining what we may call its primary and essential functions it winds up with section 27 stating that ..... order passed by the tribunal and respondents should have the benefit of the amended provision.24. in the case of capt. g.r. gopinath and another vs. syndicate bank, industrial finance branch, dickenson road, bangalore and others reported in 2019(1) kar. l.j.349 (db). relevant para nos.19 and 20 reads as under:19. alternatively, for the sake ..... available on the date when the award was made and, therefore, contended that the award is a nullity. the decision in bhubaneshwar singh v. union of 27 india [(1994) 6 scc77 is in the context of enactment of law reviewing the defect pointed out in a judgment and retrospectively enacting the law so as to render the judgment of .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jul-26-2019
..... custody of police. in the case of directorate of enforcement v. deepak mahajan and another reported in manu/sc/0422/19 1994 crilj2269their lordships observed that section 167 is one of the provisions falling under chapter xii of the code commencing from section 154 and ending with section 176 under the caption "information to the : crl.p ..... abstain for the reason mentioned in clause (b). so also it is beneficial to note the provisions of sections 3 and 6 of the prisoners (attendance in courts) act, 1955 (prisoners act for short), which reads thus: : crl.p. no.100871 of20193. power of courts, to require appearance of prisoners to give evidence or answer a charge.- ( ..... not a police officer its stricto sensu)on a reasonable belief that the arrestee " has been guilty of an offence punishable" under the provisions of the special act is sufficient for the magistrate to take that person into his custody on his being satisfied of the three preliminary conditions, namely (1) the arresting officer is .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-30-2019
..... kpcl, the director general of central power research institute, which is an autonomous society functioning under the aegis of ministry of power, the managing director, finance director and technical director of the corporation. the detailed project report was placed before the meeting of the technical advisory committee 8 held on 17.09.2016 ..... by learned counsel for the petitioner with regard to violation of sections 4(b) and 4(c) of the act is concerned, the relevant provision is extracted below:4. exceptions to applicability- the provisions of chapter ii shall not apply to procurement of goods and services- (a) xxxxxxx (b) where the goods or ..... day of july2019before the honble mr. justice alok aradhe writ petition no.10276 of2019(gm-ten)between : voith hydro private limited a company incorporated under the companies act, 1956 having its registered office at sf-3c, 2nd floor, rishabh impex mall i.p. extension, delhi east, delhi11009 india (represented by its authorized representative .....
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-06-2019
..... 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; 47 it causes an element which is essential to the lawful exercise by the authority upon whom it is conferred and ..... air1991sc471 7. managing director, ecil, hyderabad and others vs- b karunakar and others ((1993) 4 sc727.8.9. s p mehta vs- union of india and others (1994 supp (2) scc467. the chairman, board of mining examination and chief inspector of mines and another vs- ramjee (air1977sc965.10. hira nath mishra and others vs- the ..... 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 .....
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. .....
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