Court : Karnataka
Decided on : Feb-09-1995
Reported in : AIR1995Kant397; ILR1995KAR1758; 1995(39)KarLJ431
..... same was beyond the legislative competence ofthe cantonment board and being a tax on professions, trades and calling felt under entry 46 of the principal list of the government of india act, 1935. repelling this contention a constitution bench of the supreme court speaking through s. r. das, c.j., observed thus:-- 'as pointed out by this ..... ) (3) are cases directly in point and against the petitioners. the latter case deals with contentions identical with those urged here and the provisions in the government of india act corresponding to entry no. 62 are discussed in the former case. the view taken in these cases that the tax on cinema show is not one on profession ..... entertainments in so far as cinematograph shows in cinema halts are concerned went out of the purview of section 3 of the karnataka entertainments tax act, 1958 and ceased to be governed by what is known as 'admission system', according to which, entertainment tax is collected at the prescribed rates in proportion to the number .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-10-1995
Reported in : ILR1995KAR1053; 1995(3)KarLJ114
..... in possession of the land after evicting the second defendant and the suit as brought for possession is not maintainable.14. section 61 of the bt & al act reads as hereunder:'the state government, when it is of opinion that it is not necessary to continue the management of the estate, by order published in the official gazette direct that the ..... empowers the assistant commissioner to grant a lease of such land. it may be seen that even under the provisions of the bt & al act and rules it is only the state government which had the jurisdiction to continue the management for a period more than 10 years and that too after getting a report from the collector in that ..... reporter 660 the bombay high court has considered the effect of the provisions of sections 44 and 45 of the bt & al act which deal with the assumption of management of a land when the state government is satisfied that on account of negligence of the land holder or on account of the disputes, the cultivation of the estate has .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-24-1995
Reported in : ILR1995KAR1605; 1995(3)KarLJ38
..... not define the expression 'safe'. under section 3 of the act, the power has been conferred on the government to control production, supply and distribution of the essential commodities and for that purpose power has been conferred on the government of india that it may by order, provide for regulating or prohibiting the production, supply and distribution ..... bench in those two cases. in the present writ petition the question involved is whether rice or paddy surrendered or delivered to the state government or to the food corporation of india, under and in pursuance of obligation fastened under the karnataka rice procurement (levy) order, 1984, can be termed to be a sale or ..... at a conclusion, because here the only question is, whether the transaction of surrender of levy rice by the miller to the government or purchasing agent namely - the food corporation of india, amounts to sale or not and whether the market fee is leviable in respect of that transaction of surrender.26. that the .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-22-1995
Reported in : AIR1995Kant290; 1996(6)KarLJ464
..... film certification, which certifies unrestricted public exhibition of the film under the signatures of regional officer for the chairman, central board of film certification, government of india and further certifies other things in the film including the final length of the films after cuts, as being mentioned in the certificate. in ..... to minister of state as disclosed by the warrant of precedence of the government of india. the hon'ble judges were not provided staff car by the government until the amendment by parliament in the high court judges (service conditions) act in 1986 whereby every judge of the high court has been provided ..... the divine mother india, its aspirations and the surrendering of before divine mother india and whose symbol is the national flag, definitely presents an idea enlightenment and encouragement for lawful acts and action, an idea of service in the interest of nation and national institutions including judiciary. the learned government counsel urged, if .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-01-1995
Reported in : AIR1995Kant426; ILR1995KAR768; 1995(2)KarLJ460
..... court power similar to that of an ordinary court of appeal. the material part of this article substantially reproduces the provisions of s. 107 of the government of india act, 1915, except that the power of superintendence has been extended by this article to tribunals as well. section 107 according to preponderance of judicial opinion clothed ..... not an appeal against sentence or order passed or made in the exercise of powers of superintendence under the provisions of s. 107 of the govt. of india act, 1915. examining the nature of jurisdiction under arts. 226 and 227 of the constitution, the supreme court observed as under:'these two articles stand on an ..... are patterned are also different. under art. 226, the high courts have power to issue directions, orders and writs to any person or authority including any government. under art. 227 every high court has the power of superintendence over all courts and tribunals throughout the territory in relation to which it exercises jurisdiction. the .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-04-1995
Reported in : 1995(50)ECC106; ILR1995KAR1641
..... into preventive custody in pursuance of an order dated 19th of august, 1994 issued by sri. k. l. varma, joint secretary to the government of india, specially empowered u/s. 3(1) of the act aforesaid, in the following circumstances : the officers of the directorate of revenue intelligence regional unit, mangalore, appear to have received reliable information that ..... courts to render the detention improper and legally unsustainable. 14. in mohammed toufiq v. additional secretary to government tamil nadu (crl.) w.p. no. 602/1989 an order of detention passed u/s. 3(i)(i) of the cofeposa act, was challenged before the supreme court. the order of detention made by the detaining authority was based on ..... the 17th and 23rd and kept it back till the date of its rejection on 20th and even thereafter.' 15. a similar question arose in arunkumar soni v. union of india (1992 lw (crl) (sc) (madras)) : (1992 cri lj 3531) before a division bench of the madras high court. that was a case in which the .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-04-1995
Reported in : 1995CriLJ3122; 1995(3)KarLJ368
..... preventive custody in pursuance of an order dated 19th of august, 1994 issued by sri. k. l. varma, joint secretary to the government, of india, specially empowered under section 3(1) of the act aforesaid, in the following circumstances:the officers of the directorate of revenue intelligence regional unit, mangalore, appear to have received reliable information that ..... courts to render the detention improper and legally unsustainable.14. in mohammed toufiq v. additional secretary to government tamil nadu (crl.) w.p. no. 602/1989 an order of detention passed under section 3(i)(1) of the cofeposa act, was challenged before the supreme court. the order of detention made by the detaining authority was based ..... the 17th and 23rd and kept it back till the date of its rejection on 20th and even thereafter.'15. a similar question arose in arunkumar soni v. union of india (1992 lw (crl) (sc) (madras)) : (1992 cri lj 3531) before a division bench of the madras high court. that was a case in which the .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-21-1995
Reported in : II(1995)ACC517; 1995ACJ673; ILR1995KAR1908; 1995(3)KarLJ591
..... petition a provision like section 166(3) is redundant and cannot co-exist. i therefore hold that the amendment to section 166(3) of the motor vehicles act is retrospective in operation and govern the pending proceedings as well. the claim petition is hence not barred by limitation.11. in the result, the appeal is allowed. the claimant will be ..... and section 166(4) incorporated in the 1988 act. it was apparently to achieve this result, section 166(3) has been repealed. hence, if the intention of the legislature is to be achieved, it should be as if it did not exist at all. if so, then obviously the amendment would govern pending proceedings as well.10. the amendment to ..... actually initiated the proceedings when the old act covered the field a claimant could say that his right which had accrued on filing of the petition could not be taken away. the present case is different. the right or privilege to claim benefit of a provision for condonation of delay can be governed only by the law in force .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-19-1995
Reported in : ILR1995KAR3109
..... 24.4.95 the provisions of sections 4, 5, and 10a have ceased to apply to bangalore city.4. sub-section (6) of section 2 of the act reads as hereunder:'(6) the state government may at any time by notification direct that all or any of the provisions of parts ii, iii, iv, v or vi shall cease to be applicable ..... premises, his right is still inchoate and it is not a right which is saved by section 6 of the kgc act. he strongly relied on the decisions of the supreme court in d.c. bhatia and ors. v. union of india and anr. : (1995)1scc104 and parripati chandrasekharrao & sons v. alapati jalaiah : [1995]3scr817 , in support of his contention,6. ..... and that the supreme court also was not required to consider whether the right acquired under the repealed act stood saved by virtue of the provisions of the general clauses act. he pointed out that in jayanthilal amratlal v. the union of india and ors. : air1971sc1193 , it is held that in order to see whether rights and liabilities under the repealed law .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-16-1995
Reported in : AIR1996Kant247; ILR1996KAR295; 1995(6)KarLJ177
..... be, may grant temporary permit to any person in respect of such notified x x x x x route.' the grant of permits is governed by chapter v of the act, section 71 of the act prescribes the procedure to be followed by r.t.a. in considering an application for grant of a stage carriage permit. it inter alia ..... of permits, the authorities granting the same are of necessity required to keep the purpose of the act, in view while granting or refusing any such applications. this position was noticed by the supreme court in mithilesh garg v. union of india : air1992sc443 where the apex court held that the liberal policy of grant of permits under section ..... 80 of the act was directed to eliminate corruption and favouritism in the process of griming permits, eliminate monopoly of a few persons .....
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