Court : Karnataka
Decided on : Mar-09-1987
Reported in : ILR1987KAR1260
..... , dated : 6th april 1984.in exercise of the powers conferred by sub-section(3) of section 4a of the karnataka town and country planning act 1960 karnataka act 11 of 1963) the government of karnataka hereby amalgamate the 'local planning area of bangalore' declared in notification no. plm 42 mnp 65 dated 1st november, 1965 and the local ..... 13th march 1984. in exercise of the powers conferred by sub-section (1) of section 4a of the karnataka town and country planning act 1961 (karnataka act no. 11 of 1963) the government of karnataka hereby declares that w.e f. 15-3-1984 the area comprising peripheral villages around bangalore as indicated in schedule i to be ..... the green belt area. the provision on which reliance is placed by the appellants were introduced into the karnataka land revenue act by amendment act of 1984 on 28th april 1984. they read :'(3a) the state government may, with a view to protecting and improving the environment, by notification declare as green belt any area lying within .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-25-1987
Reported in : ILR1987KAR2177
..... ii obviously because no separate licence is required to possess machinery for the manufacture of arms which are not prohibited. that is the reason the government of india had clarified that form ix licence was good enough to cover machinery for manufacture of arms and ammunition and form 1 was granted for possession of ..... manufacture, repair and conversion of arms and ammunitions under form no. ix licenses held by him and these licenses were granted by the government of india (which is the licensing authority under the act) after making the necessary inquiries. it is not in dispute that the petitioner is one of the 3 licence holders in south ..... during the entire period of foreign rule. the order of things was completely changed when india attained independence and began to be governed under a constitution which guaranteed to a free people a body of rights described as 'fundamental.' the arms act, 1959, reflects the constitutional change, and a schematic analysis of the enactment will at .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-27-1987
Reported in : [1988]68STC345(Kar)
..... matter relating to the period prior to 1st april, 1983. 7. the learned counsel's argument is that the career of the case should be governed, until it is finally determined under the act, by the law that was in force on the date of the return and the return having been filed in this case during the year 1982, ..... revision and not the joint commissioner. 8. in support of this proposition sri katageri has relied upon the decision of the supreme court in the case of hoosein kasam dada (india) ltd. v. state of madhya pradesh : 1983(13)elt1277(sc) and in particular at paragraph 11 of the said judgment. 9. he has also relied upon the ..... case of garikapati veeraya v. n. subbiah choudhry : [1957]1scr488 and in the case of daulat ram mehnidratta v. lt. governor, delhi : air1982delhi470 . 10. sri dattu, learned government pleader, repelling the petitioner's argument, has relied upon the decisions of the andhra pradesh high court in the case of nevatia private ltd., warangal v. state of andhra pradesh .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-10-1987
Reported in : [1990]68CompCas641(Kar)
..... april 1, 1986, in accordance with article 28 of the articles of association read with section 22 of the karnataka societies registration act after receipt of the sanction from the state government and necessary action be taken to dispose of the assets of the company and discharge the outstanding liabilities thereof to the extent feasible ..... do not merit any serious consideration. they had already approached the authorities concerned for the closure of the undertaking. as a matter of fact, the union of india which was financing the company all these years had moved this court for vacation of the interim order granted against the closure and that interim order was also ..... vacated. the union of india has come on record in these proceedings as a supporting creditor and the state government has also come on record as a supporting creditor. no other creditors of the company despite the advertisement of .....
Tag this Judgment!Court : Karnataka
Decided on : May-13-1987
Reported in : 1987(3)KarLJ653; (1988)ILLJ379Kant
..... not only this, even the manner and method of doing the work by the panchayat secretary was also controlled by the state government as provided under section 80 of the repealed act. there was no relationship of master and servant between a village panchayat committee and village panchayat secretary a village panchayat committee had ..... these rules were framed in exercise of the powers conferred under sections 210 and 221 of the repealed act by the state government. section 210 of the repealed act provided for framing rules. section 221 of the repealed act provided that notwithstanding anything contained in any law for the time being in force, such posts under ..... section 15 of the administrative tribunals act, 1985 (central act 13/85), whether it is open to the petitioners to seek relief under article 226 of the constitution of india 4. i have heard sri k. subbarao, learned counsel appearing for the petitioners, and sri n. devadas, learned high court government pleader for respondents 1 to 13. .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-20-1987
Reported in : ILR1987KAR2809; 1987(3)KarLJ643
..... the allegation in the writ petition that respondent no. 3 has not communicated to the petitioners the fact of having submitted his report under section 5a of the act to the government are false. this fact has been communicated to the petitioner by respondent no. 3 by letter dated 28-4-1984, under certificate of posting, to each of ..... be an appeal to that presumption.'in the instant case the records produced prove that the fact of submission of the report under section 5a of the act to the state government has been intimated to each one of the petitioners by post under certificate of posting to the addresses given by them. hence there is no substance ..... have not been communicated of the fact of having submitted the report; consequently they have lost the right to make a representation to the state government under section 15a of the act and as such the important stage in the acquisition has not been complied with therefore the impugned notifications are vitiated.(v) that the petitioner in w .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-07-1987
Reported in : ILR1987KAR3488
..... clause in the proviso further, the earlier part relied by the learned counsel, refers to 'the land' or 'the estate'. provisions of the act thereafter, (on release from the management) will govern such an estate or land and not the erstwhile tenancy created by the court of wards. to appreciate the impact of any other interpretation put ..... under section 5(1). section 9 provides for assumption of management by court of wards, even in a case where, on an application to it, the state government opines that it is expedient in the public interest to 'preserve' the property, under certain circumstances.19. assumption of superintendence extends to whole of the ward's ..... situation, rights and liabilities. that does not make the law retrospective. in new india sugar works -v.- state of u.p., air 1981 sc 908 question arose whether imposition of levy khandasari sugar produced earlier to the enforcement of levy order is governed by the levy order. the contention of the mock holder that the levy order .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-19-1987
Reported in : ILR1987KAR1788
..... of the co-operative sugar factories questioning their retrenchment need not be gone into by this court, as it amounts to by-passing the particular legislation which governs the act of retrenchment in industry. anything said, would otherwise prejudice the workers' right to agitate independently that question in the appropriate manner and in accordance with procedure ..... it was unable to make any profits despite certain attempts made to improve the profitability of that factory which was one of the oldest sugar factories in south india. the workmen there bad raised certain disputes based on settlements reached with the management. the matter had gone before the tribunal. the tribunal had made an ..... that would rehabilitate the factory to ensure work to the workers. he relied on the observations of the supreme court in the case of e.i.d. parry (india) ltd. v. state of tamilnadu, air 1985 sc 73. in the said case, the nellikuppam sugar factory, owned by the appellant, therein had been closed as .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-03-1987
Reported in : ILR1988KAR509
..... in this sub-section.(3) the proceeds in any financial year of any tax, including any penalty, levied and collected under this act in any state (other than a union territory) on behalf of the government of india shall be assigned to that state and shall be retained by it and the proceeds attributable to union territories form part of the ..... the general sales tax law of the appropriate state shall, on behalf of government of india, assess, reassess, collect and enforce payment of tax, including any penalty, payable by a dealer under this act as if the tax or penalty payable by such a dealer under this act is a tax or penalty payable under the general sales tax law of the ..... of tax and penalties -(1) the tax payable by any dealer under this act on sales of goods effected by him in the course of inter-state trade or commerce, whether such sales fall within clause (a) or clause (b) of section 3, shall be levied by the government of india and the tax so levied shall be collected by that .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-10-1987
Reported in : ILR1987KAR2797; 1987(2)KarLJ327
..... of wards etc., the immediate task is to dispossess the tenant inducted by the court of wards and (ii) thereafter, after dispossession, the land shall be governed by all the provisions of land reforms act.23. proviso (c) is actually, a clarificatory proviso. there are several provisions such as those prohibiting leasing of lands, imposition of ceiling on the holdings ..... vested with the rights of a tenant, which cannot be taken away by the amendment of said act, by bombay act 13/56, and therefore, the said amending act did not govern his case. similarly, he further contended that, section 108 of the land reforms act was not retrospective so as to take away such a vested right. if so, it was urged ..... of 1948) came into force on 28-12-1948. the lands in question came to be governed by the bombay act 67/1948 on the merger of kurundwad state in the erstwhile state of bombay. bombay act 1955 (bombay act 13/56) which amended the act 67/48 came into force on 1-8-1956 and as a result thereof, the lands .....
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