Court : Karnataka Dharwad
..... khc-d:2281 mfa no.104732 of 2023 nomination under various legislations41 in an illuminating list of precedents, this court as well as several high courts have dealt with the concept of nomination under legislations like the government savings certificate act, 1959, the banking regulation act, 1949, the life insurance act, 1939 and the employees provident fund and miscellaneous provisions act, 1952. ..... while the government savings certificates act, 1959, banking regulation act, 1949 and public debts act, 1944 - 12 - nc:2024. ..... applying the principles of law enunciated in the aforesaid judgment to the facts and circumstances of the present case, contention of the appellant that he alone is entitled to hold the proceeds of the savings bank account, fixed deposit and insurance policy amounts is incorrect and impermissible. ..... she also contends that the nomination facility would only put an end the relationship of deceased with financial institutions by handing over proceeds of savings bank account, fixed deposit and insurance policy amounts in the name of nominee.11. ..... one t.vishwanath setty being the youngest son of t.thippanna setty filed a petition seeking issue of succession certificate with regard to the savings bank account, fixed deposit and insurance policy amounts held by thippanna setty.-. ..... but, that itself would not make out a case for the appellant to receive the money as the owner of the proceeds of savings bank account, fixed deposit and insurance policy.10. .....
Tag this Judgment!Court : Karnataka Dharwad
..... section 4 of the repeal act states that all proceedings relating to any order made or purported to be made under the principal act pending immediately before the commencement of the repeal act, before any court, tribunal or other authority shall abate, while the proviso saves proceedings as are relatable to the land, possession of which has been taken over by the state government or competent authority.16. ..... to which the entries in 15 the records of rights were effected in the names of allottees; (d) that during the life time of the declarant, who filed the declaration under section 6(1) of the ulcar act, neither the order of the deputy commissioner nor the taking of possession was challenged, but the daughter of the declarant claims to be in possession and enjoyment, and that the government was not a party to the civil suit instituted arraigning the bank as a defendant.3. ..... having not utilized the land for the specific purpose for which it was allotted, although syndicate bank put up a compound wall, notices of even date 16.1.2008 were issued to the allottees to show cause as to why the allotments should not be cancelled. .....
Tag this Judgment!Court : Karnataka Dharwad
..... loan or deposit taken or accepted from, or any loan or deposit taken or accepted by- -- (a) government; (b) any banking company, post office savings bank or cooperative bank; (c) any corporation established by a central, state or provincial act; (d) any government company as defined in section 617 of the companies act, 1956 (1 of 1956) (e) such other institution, association or body or class of institutions, associations or bodies which the central government may, for reasons to be recorded in writing, notify in this behalf in the official gazette: ..... 2013 explanation----for the purposes of this section --- (i) "banking company" means a company to which the banking regulation act, 1949 (10 of 1949) applies and includes any bank or banking institution referred to in section 51 of that act; (ii) "co-operative bank" shall have the meaning assigned to it in part v of the banking regulation act, 1949 (10 of 1949); (iii) "loan or deposit" means loan or deposit of money.18.3 section 276dd was inserted in the act by the finance act, 1984 which came into effect from 01.04.1984 and which reads ..... to put an end to the practice of giving false and spurious explanations by tax payers, a new provision was inserted in the income tax act debarring persons from taking or accepting from any other person any loan or deposit otherwise than by account-payee cheque or account-payee bank draft, if the amount of such loan or deposit, or the aggregate amount of such loan or deposit, is rs.10,000/- or more. .....
Tag this Judgment!Court : Karnataka Dharwad
..... certificates submitted by the collector and the secretary of the meerut development authority to the state government before the issue of the notification under section 4(1) of the act clearly demonstrated that at that time therewas a great urgency felt by them regarding the ..... hon ble supreme court while considering the provisions of sections 17 and 5-a of the land acquisition act in the case of first land acquisition collector vs- nirod prakash ganguli reported in (2002)4 scc160at para-5 has held under: 5.the question of urgency of an acquisition under sections 17(1) and (4) of the act is a matter of subjective satisfaction of the government and ordinarily it is not open to the court to make a scrutiny of the propriety of ..... the case of prafulla churan law, relied by the counsel for the petitioners, it was a case where the state government has not explained as to why appropriate steps could not be taken for acquisition of 54 the premises by complying with the requirement of section 5-a of the act, the time gap of 3 years between quashing of the first notification and issue of the second notification was ..... the act, "industrial 116 infrastructural facilities" means such facilities which contribute to the development of industries established in industrial area such as research and development, communication, transport, banking, marketing, technology parks and townships for the purpose of establishing trade and tourism centres or any other purpose which the government may .....
Tag this Judgment!Court : Karnataka Dharwad
..... the harmonious development of the mental and physical facilities of students and cultivating a scientific and secular outlook through education and the said act came into force from 1-6-1995 as per government notification no ed2mes95dated 30- 05-1995 with a saving clause enshrined in section 146 (3) by virtue of which the :268 ..... personnel in the aided colleges; and and whereas in exercise of the powers conferred by sub-section (1) of section 145 of the karnataka education act, 1983, the government has issued rules namely the karnataka educational institutions (recruitment and terms and conditions of service of employees in aided colleges and teachers' training institutes) rules, 2001 ..... . 14676/2001, 871/2004, 19431/2005 and upholding the petitioners that the triple benefit scheme rules and the government orders are not inconsonance with section 87 of the karnataka education act, 1983 thereby rejecting the government's contention that as per tbs rules only the service rendered institutions be in aided considered for qualifying service, the hon'ble high ..... private aided primary and secondary educational institutions) rules, 1999 by holding that a conjoint reading of section 87 of the karnataka education act, 1993 and the rules made thereunder, it is clear that the intention of the state government is to grant parity to the teachers working in all government schools as well as those working in private schools vide judgment rendered by division bench on 03.11.2009 in w.a.no.848/2008 and .....
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..... issues debated at the bar: in that light of pleadings of the parties and the rival contentions advanced at the bar, the following broad questions have been framed for consideration: whether the government order dated 28.11.2018 directing the farm universities to adopt common yardsticks for appointment of their officers, as prescribed in the annexures thereto is valid ?. ..... as to autonomy of the universities & governmental intereference: (a) autonomy of universities is explained by s.r dongerkerry1 as: a university s right to self government, or its right to govern its own affairs, and particularly its right to carry on legitimate activities of teaching and research without interference from any outside authority what justice felix frankfurter of the ..... as to who should prescribe eligibility & qualifications for the officers of the university: (a) the question whether government can prescribe conditions & qualifications for the university s recruitment process of the kind, need not retard us much, the answer being a firm no ..... (b) it is significant to note that these government officials, who become ex officio members of authorities of the universities under various provisions of the statute, act as limbs of the government and not as independent agencies, subject to a few exceptions ..... added, if government should respect the autonomy of these universities, courts being a co-ordinate branch of the state too have to show due deference, as a matter of policy & principle, saving exceptions. .....
Tag this Judgment!Court : Karnataka Dharwad
..... issues debated at the bar: in that light of pleadings of the parties and the rival contentions advanced at the bar, the following broad questions have been framed for consideration: whether the government order dated 28.11.2018 directing the farm universities to adopt common yardsticks for appointment of their officers, as prescribed in the annexures thereto is valid ?. ..... as to autonomy of the universities & governmental intereference: (a) autonomy of universities is explained by s.r dongerkerry1 as: a university s right to self government, or its right to govern its own affairs, and particularly its right to carry on legitimate activities of teaching and research without interference from any outside authority what justice felix frankfurter of the ..... as to who should prescribe eligibility & qualifications for the officers of the university: (a) the question whether government can prescribe conditions & qualifications for the university s recruitment process of the kind, need not retard us much, the answer being a firm no ..... (b) it is significant to note that these government officials, who become ex officio members of authorities of the universities under various provisions of the statute, act as limbs of the government and not as independent agencies, subject to a few exceptions ..... added, if government should respect the autonomy of these universities, courts being a co-ordinate branch of the state too have to show due deference, as a matter of policy & principle, saving exceptions. .....
Tag this Judgment!Court : Karnataka Dharwad
..... on the other hand, the learned counsel for the provident fund department, mr.p.v.gunjal, urged that the compliance with the provisions of the act is not saved or avoided by mere declaration of the petitioner s unit as a relief undertaking under order at annexure a dated 07th april 1994 6/12 date of order:06.04.2017 wp no.67510/2010 the belgaum co-operative cotton spinning mills ltd., vs. ..... ,belgaum central provident fund commissioner or such other officer as may be authorised by the central government, by notification in the official gazette, in this behalf may recover from the employer by way of penalty such damages, not exceeding the amount of arrears, as may be specified in the scheme: provided that before levying and recovering ..... ,belgaum (5) of section 17 of the act or in the payment of any charges payable under any other provisions of the act or scheme or under any of the conditions specified under section 17 of the act, the central provident fund commissioner or such officer as may be authorised by the central government by notification in the official gazette in this behalf, may recover from the employer by way of penalty, damages at the rates given below: table period of default . . sl. no.. ..... he has also submitted that even the state government declared the petitioner mill as a relief undertaking vide annexure a order dated 07th april 1994 under the provisions of karnataka relief undertakings (special provisions) act, 1977 (karnataka act 24 of 1977). .....
Tag this Judgment!Court : Karnataka Dharwad
..... an interest in the trust and having obtained the leave of the court may institute a suit, whether contentious or not, in the principal civil court of original jurisdiction or in any other court empowered in that behalf by the state government within the local limits of whose jurisdiction the whole or any part of the subject-matter of the trust is situate to obtain a decree (a) removing any trustee; (b) appointing a new trustee; in a (c) vesting any property trustee; (cc) directing a trustee ..... he points out the text of sub-section (1) of section 92 of cpc which employs the explanation .in the principal civil court of original jurisdiction or in any other court empowered in that behalf by the state government and submits that the court in which the suit is filed by the respondent plaintiff does not 17 crp no.100042/2017 answer the description of the court mentioned in this subsection.13. ..... 9 crp no.100042/2017 state of karnataka and others, ilr1998kar1532 wherein the said act has been struck down as unconstitutional and the operative portion of which reads : in the result, this petition succeeds and is hereby allowed, and the bombay public trust act 1950, in its application to the state of karnataka is struck down as unconstitutional. ..... - (1) x x x (2) the following enactments namely:- (a) the bombay public trust act, 1950 (bombay act no.xxix of 1950); x x x (g) the coorg temples fund management act, 1956 (coorg act viii of 1956), are hereby repealed; 7. ..... repeal and savings. .....
Tag this Judgment!Court : Karnataka Dharwad
..... funds, a petition was filed before this court invoking section 9 of the arbitration and conciliation act in ap(im)100001 of 2020 alleging that the company/nikat capital had played fraud with the 3rd respondent and sought a restraint order at the hands of this court directing the state bank of india not to transfer the sum of 7,70,770 us dollars which was the consideration in the ..... learned senior counsel sri c.v.nagesh representing the petitioner, learned high court government pleader representing respondent no.1 and learned senior counsel sri udaya holla representing ..... offence under section 420 of ipc, it must be shown that complainant parted with his property, acting on a representation, which was false to the knowledge of the accused; and the persons so deceived should be induced to deliver any property to any person or the person so deceived should be intentionally induced to do anything which he would not do if he was not so do and the act done pursuant to inducement should be one are caused or likely to cause damage or harm ..... matter and in the light of provisions of sections 2(1)(e)(ii) and 2(1)(f) read with sections 9(1)(b), 9(1)(c) and 9(1)(e) of the arbitration and conciliation act, 1996, we are of the considered opinion that the petitioner has made out a case for allowing the application in i.a. ..... . (2) for the said purpose the court, save and except in very exceptional circumstances, would not look to ..... section 482 is an overriding section which saves the inherent powers of the court .....
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