Court : Karnataka
Decided on : Aug-07-2000
Reported in : ILR2000KAR4134; 2001(1)KarLJ364
..... to provincial legislature and the dominion legislature referred to in sub-sections (1) and (2) of section 107 of the government of india act. having regard to the scheme of the government of india act, there was a doubt as to whether dominion legislature referred to could make a law repealing a provincial statute. therefore, apparently ..... this matter. after extracting article 254(2), the supreme court stated thus:'this is, in substance, a reproduction of section 107(2) of the government of india act, the concluding portion thereof being incorporated in a proviso with further additions. discussing the nature of the power of the dominion legislature, canada, in relation ..... is no repugnancy between the provisions of the impugned ordinance and those of the criminal procedure code. ... as there is no repugnance, section 107 of the government of india act, cannot have any application to the present case'.26. the question was considered by the patna high court in kameshwar singh v province of bihar, .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-16-2000
Reported in : [2000(86)FLR248]; 2001(3)KarLJ263
..... learned counsel for the respondent failed to furnish any particulars rebutting these contentions.8. it is undisputed that the tea trading corporation of india is a government corporation floated by the central government was entrusted with the work of packing and despatch of tea in their factory premises at coimbatore. the employees' state insurance is ..... bangalore. it employed 250 workmen at bangalore and all of them are covered under the act. the appellant has given the joh of packing of tea to an outside contractor. the tea trading corporation of india which is a government of india undertaking, unit at coimbatore, was given contract for packing and despatch of tea. ..... unable to furnish the particulars that the workers of tea trading corporation of india in coimbatore were insured under the act or not. the question is .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-14-2000
Reported in : ILR2001KAR2030; 2001(2)KarLJ1
..... extends to all jurisdiction and powers possessed by the existing high courts, whether at the date of their letters patent or of the government of india act of 1915-1919 or of the government of india act, 1935, or conferred upon it by the constitution itself or subsequent to the commencement of the constitution itself or subsequent to the ..... are to be judged by the judiciary and judicial forums and not by the administrators or executives. but it is equally true that citizens of india are not to be governed by the judges or judiciary'. (emphasis supplied) the supreme court held that where a question is one on which debate is possible and acceptance ..... interest can certainly maintain an action challenging the legality of such act or omission. 39. in dr. p. nalla thampy them v union of india and others, the supreme court while dealing with a petition under article 32 of the constitution seeking directions to the government and its instrumentalities to improve railway services observed thus:-- 'it .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-13-2000
Reported in : [2000(87)FLR633]; ILR2000KAR3493; 2000(6)KarLJ14; (2001)ILLJ404Kant
..... same was rejected by order dated 2-12-1994 holding that the court is competent to adjudicate the dispute in respect of employee even of the central government.10. the act as framed by the parliament is referable to entry 61 of the union list (list i) as also entry 22 of the concurrent list (list ..... to apply to the labour court for adjudication of the dispute pertaining to his discharge/dismissal/retrenchment/termination without requiring the state government to refer the dispute under section 10(1) of the act or approaching the grievance settlement authority under section 9-c thereof. the only mandatory condition for taking the benefit of section 10 ..... 10-9-1985. but keeping in view the subsequent policy decision taken by the government of india, the services of all the casual workers were terminated by following the statutory requirements contemplated under section 25f of the industrial disputes act, 1947 (in short the 'act').3. in the case of respondent, one month's notice was issued to .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-16-2000
Reported in : AIR2001Kant128; ILR2000KAR3014; 2000(6)KarLJ106
..... ; the former, because it was made without giving notice to the panchayat samithi, and the latter, because the government had no power under section 72 of the act to review an order made under section 62 of the act and alsobecause it did not give notice to the representatives of dharmajigudem village'. his lordship concluded as follows: 'in ..... to the grantee of the privilege to carry on its misdeeds uncontrolled. a reference to the judgment of the supreme court in m.c. mehta v union of india, demonstrates this principle. the following observations therein would largely answer the arguments of the learned counsel.'this court refused relief and agreed that the high court was right ..... third rule referred to in the said decision is omitted as it may not be relevant in the context). he then cited smt. maneka gandhi v union of india and relied on the following passage:'the law must now be taken to be well-settled that even in an administrative proceeding, which involves civil consequences, the .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-14-2000
Reported in : 2001(129)ELT321(Kar); 2001(3)KarLJ1
..... penalty in terms of such bond/legal undertaking besides the penalty, if any, under the provisions of the import trade control regulations. the resolutions of the government of india containing this policy in respect of export oriented units as applicable for the financial year 1984-85 are contained in resolution no. 8(15)/78-e.p., ..... pursuant to this scheme petitioner-company made an application dated 22nd june, 1984 for grant of industrial licence under the provisions of the industries (development and regulation) act, 1951 to the secretary for industrial approvals, ministry of industry, new delhi, in the prescribed form. application filed by the petitioner was considered by the board ..... respective parties came to the conclusion that the assumption of the respondents that there is contravention of section 4-i(1)(a) and (d) of the act was not well-founded. it was held that the respondent-authority could not have come to the conclusion that the petitioner-company had failed to achieve the .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-22-2000
Reported in : ILR2000KAR2841; 2000(5)KarLJ365
..... performance of the duties imposed on it, or in respect of a society not functioning in accordance with the provisions of the act, rules or bylaws or any order or direction issued by the state government or the registrar. latter part is not applicable herein because the supersession is not on the footing that the society was not ..... therefore urges that the appropriate course would be to ask the petitioners to avail the remedy of appeal provided for in the act.3. i am of the opinion, after hearing both sri d'sa, learned government advocate and sri h.k. vasudeva reddy, learned counsel for the petitioners, that recourse to article 226 of the constitution ..... , in my opinion, not be in consonance with the spirit behind the requirement of the state government to encourage and promote co-operative movement under section 40 of the act. of course, this duty of the state government has beenreferred to in the act in an altogether different context, namely, in the matter of the state aid to co-operative .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-02-2000
Reported in : 2001(73)ECC387
..... is dated 24.3.2000 and addressed to (1), the chairman, cofeposa advisory board, (2) joint secretary to the government of india and (3) central government; secretary to the government of india, the same was received in the cofeposa wing of the ministry for the first time on 1.5.2000 as an enclosure ..... addressed a representation dated 23.3.2000 to (i) chairman, cofeposa advisory board; (ii) detaining authority; and (iii) the central government, secretary to government of india, ministry of finance, department of revenue, requesting that he may be released from detention. the representation was rejected by the detaining authority and the central ..... order1. on 8.2.2000, the joint secretary to government of india, ministry of finance, department of revenue, new delhi, issued a detention order (annexure-a) under section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 [for short, cofeposa, act], being satisfied that it was necessary to make such .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-13-2000
Reported in : AIR2001Kant154; 2001(5)KarLJ406
..... constitution to achieve the welfare state as enumerated under the preamble of the constitution of india, which is the basic feature of the constitution. therefore, the state government has retained its supervisory power and control upon the corporation under section 98(2), (3) and (4) of the act, regarding its functioning, within the city corporation limits passing of resolution, order or the orders ..... statutory function of the corporation, as it is a local-self government with a view to see that the policy of the state government has been explicitly incorporated in the provisions of the act and bye-laws framed by the state government. in exercise of its legislative power under the constitution of india in the larger interest of the public at large is required to .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-08-2000
Reported in : II(2000)ACC764; 2001ACJ1258; AIR2000Kant269; ILR2000KAR1613; 2000(4)KarLJ237
..... by the passengers and accompanyinghim in his compartment or on the tram, sustained as a result of such accident'.11. section 129 of the present act empowers the central government to make rules in respect of chapter xiii wherein provisions have been made for liability of railway administration for death and injury to passengers due to ..... such proceedings. in support of his submissions, he has relied on two judgments of this court in the cases of c. linge gowda v union of india and united india insurance company limited, bangalore v venkataraju and another. the appellants have also relied on the judgment of the supreme court in the case of smt. shashikalabai ..... in kerala state electricity board's case, supra, the supreme court has specifically approved the view taken by the kerala high court in the case of united india insurance company limited v alavi, wherein the full bench had held that the injured workman becomes entitled to get compensation themoment he suffers personal injuries of the .....
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