Judgment Search Results Home > Cases Phrase: high courts seals act 1950 Court: karnataka Page 1 of about 6,572 results (0.088 seconds)

M/S Prime Industries, Bangalore, Rep. by Its Partner Manish Agarwal Vs ...

Court : Karnataka

..... 38-c of the bombay act and section 26-b of the kerala act also contain non obstante clauses and give statutory recognition to the priority of the states charge over other debts, which was recognised by indian high courts even before 1950. ..... counsel for the applicant has relied on the decision of the division bench of the punjab and haryana high court, in the case of dhir and dhir asset reconstruction and securitization co. ..... by relying on the decisions of the honble supreme court, in the case of council for indian school certificate examination vs- isha mittal and another [(2000) 7 scc 521] and in the case of maharshi dayanand university vs- surjeet kaur [(2010) 11 scc 159] wherein it is held that the high court should decide the matters in accordance with law, it is contended that in the absence of provision, no right can be granted to the ..... in that direction, with regard to the options available to the secured creditor, the honble supreme court while considering the right of the tribunal to order sale under section 19(19) of the recovery of debts due to bank and financial institutions act, 1993 (rddb act for short) vis--vis companies act, in the case of andhra bank vs- official liquidator and another [(2005) 5 scc 75] has held that the secured creditors have ..... decision of the allahabad high court in bpl display devices ..... senior counsel for the second respondent, on the other hand relied on the decision of the division bench of the high court of madras in the case of k. .....

M/s. Hindustan Petroleum Corporation Ltd. and Another Vs. Union of Ind ...

Court : Karnataka

..... if unsuccessful, to go on in an appeal from the special court to the high court and from the high court to the federal court, provided the conditions thereof were satisfied in that case. ..... is the ratio of hoosein kasam dada by various high courts while adjudicating on the amendment made to section 35f of the act, it would be necessary to refer to that ..... by a fresh legislation, such legislation does not affect the substantive rights of the parties on the date of the suit or adjudication of the suit, unless such a legislation is retrospective and a court of appeal cannot take into consideration a new law brought into existence after the judgment appealed from has been rendered, because the rights of the parties in an appeal are determined under the law in ..... the commissioner of central excise as an adjudicating authority; (b) an order passed by the commissioner (appeals) under section 35a; (c) an order passed by the central board of excise and customs constituted under the central boards of revenue act, 1963 (54 of 1963) (hereafter in this chapter referred to as the board) or the appellate commissioner of central excise under section 35, as it stood immediately before the appointed day; (d) an order passed by the board ..... provinces and berar sales tax act, 1947 ( 1947 act') and the amendment made to that act in the year 1950. ..... 10/5/1950 preferred an appeal to the sales tax commissioner, madhya pradesh, under sub-section (1) of section 22 of the aforesaid 1947 act. ..... and on 8/4/1950 made a best .....

M/S Hindustan Petroleum Corporation Ltd Vs. Union of India

Court : Karnataka

..... date, the parties acquired the right, if unsuccessful, to go on in an appeal from the special court to the high court and from the high court to the federal court, provided the conditions thereof were satisfied in that -:112. ..... of the petitioners is the ratio of hoosein kasam dada by various high courts while adjudicating on the amendment made to section 35f of the act, it would be necessary to refer to that decision in detail.-.:50. ..... of an enactment is followed by a fresh legislation, such legislation does not affect the substantive rights of the parties on the date of the suit or adjudication of the suit, unless such a legislation is retrospective and a court of appeal cannot take into consideration a new law brought into existence after the judgment appealed from has been rendered, because the rights of the parties in an appeal are determined under the law in force ..... that when the case of hoosein kasam dada does not apply to the facts of the present case, the decisions of the kerala, madras and andhra pradesh high courts placing reliance on hoosein kasam dada s case are not relevant. ..... case arose under the provisions of the central provinces and berar sales tax act, 1947 ( 1947 act ) and the amendment made to that act in the year 1950. ..... order of assessment, the assessee on 10/5/1950 perferred an appeal to the sales tax commissioner, madhya pradesh, under sub-section (1) of section 22 of the aforesaid 1947 act. ..... the matter from 9/6/1949 and on 8/4/1950 made a best judgment assessment. .....

Karmadi Stone Cutting and Polishing Vs. Joint Commissioner of Commerci ...

Court : Karnataka

Reported in : [1988]68STC345(Kar)

..... high court was dealing with the exercise of revisional jurisdiction under the hyderabad general sales tax act ..... unsuccessful before the board of revenue, the petitioner moved the high court of madhya pradesh under articles 226 and 227 of the ..... andhra pradesh [1971] 28 stc 555 and of the karnataka and allahabad high courts reported in the cases of sha vajeshankar vasudeva and company v. ..... relied upon by the government pleader is of the allahabad high court in the case of commissioner of sales tax v. ..... the next decision is of the karnataka high court in the case of sha vajeshankar vasudeva ..... of his contention, the learned government pleader relied upon the decision of the andhra pradesh high court in the case of nevatia private ltd. ..... 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. ..... a notice was issued by the joint commissioner, the respondent in the writ petition, in exercise of his powers conferred under section 22-a(1) of the act read with section 9(2) of the central sales tax act proposing to set aside the assessment order dated 20th august, 1985 in the petitioner's case for the year 1981-82 and to remand the case to the assistant commissioner of commercial tax (assessments) to make a ..... order of assessment dated 8th april, 1950, the assessee filed an appeal before the sales tax commissioner, madhya pradesh, under section 22(1) of the central provinces and berar sales tax act. .....

N. Ayyanna Setty and Sons and ors. Vs. State of Mysore

Court : Karnataka

Reported in : [1961]12STC731(Kar)

..... in the former case after reviewing the provisions contained in the income-tax act and holding that an effective and appropriate machinery is provided therein for the review on grounds of law of any assessment and further that included in the question of law which might be referred to the high court is any question as to the validity of any taxing provision of the act, their lordships proceed to state as follows :- 'in their lordships' view the construction of the section is clear. ..... for injunctions restraining the defendant state from collecting the tax determined in respect of the commission agency turnover for the year 1949-50, from collecting tax on similar turnover provisionally assessed for the year 1950-51 under order dated 15th january, 1951, and also from levying fee for a licence in respect of commission agency business in cotton required to be taken for the year 1949-50 under an order dated 15th january, 1951 ..... his claim in the plaint is that he is a commission agent and that on the strength of the decision of the madras high court in veerabhadrappa's case ([1950] 1 s.t.c. ..... 166 of 1950 on the file of the subordinate judge's court, bellary. ..... 166 of 1950 on the file of the subordinate judge's court, bellary, out of which second appeal no. ..... 166 of 1950 on the file of the court of the subordinate judge bellary. .....

G.V. Rama Iyer and ors. Vs. Government of Mysore

Court : Karnataka

Reported in : AIR1951Kant70; AIR1951Mys70; [1951]2STC122(Kar)

..... ), it was contended that under section 15(b) of the madras general sales tax act which is similar to section 20(b) of the mysore act the high court came to the conclusion that : '...... ..... after appeal and revision, the dealer or the assessing authority may, by application in writing, require the appellate or the revisional authority to refer to the high court any question of law arising out of such order and if the appellate or the revising authority refuses to make such reference, the applicant may apply to the high court with in thirty days of such refusal order under section 16 of the act. ..... relying upon a decision of the madras high court in in re appa rao ([1948] 1 s.t.c. ..... the remedy for the enforcement of payment in a criminal court is of a summary nature and if it is proved to the satisfaction of the court that the assessee has become liable under the act for payment, it is not the province of a criminal court to enter into an elaborate enquiry about the correctness of the levy or the validity thereof. 7. ..... it is represented at the bar that the mysore legislature has recently adopted an amendment of section 22 by omitting the expression 'civil' in section 22 of the mysore act, which in effect precludes any court, civil or criminal, from entering into the validity of the taxation. ..... i have held earlier on 6th december, 1950, in criminal revision petition no. ..... 230 of 1950-51, thimmina katte kotrappa v. .....

Sri E. Ram Mohan Chowdry S/O E. Yerappa Vs. the Registrar General, Hig ...

Court : Karnataka

Reported in : AIR2008Kant195; 2009(2)KarLJ155; 2008(4)KCCRSN293; 2008(6)AIRKarR156(DB)

..... in manickam pillai case, the kerala high court held that the curtailment of the territorial jurisdiction of the main seal of the high court of a new state is a necessary concomitant, to the establishment of a permanent bench under sub-section (2) of section 51 of the act while contrasting sub-section (3) with sub-section (2). ..... in the case of narayan shamrao puranik (supra), the notification issued by the chief justice of bombay high court, in exercise of the power under section 51(3) of the act, with the prior approval of the governor of maharashtra, directing that the judges and division courts of the high court of bombay, will sit also at aurangabad, with effect from august 27, 1981 for the disposal of cases arising out of the marathwada region of the state of maharashtra, which was struck down by the bombay ..... there, a question arose whether the temporary bench of the high court of kerala with its principal seat at ernakulam created by the chief justice at trivandrum by an order issued under sub-section (3) of section 51 of the act was not the high court of kerala, and the judges and division courts sitting at trivandrum were precisely in the same position as judges and division courts sitting in the seven court-rooms of the high court at its principal seat in ernakulam. .....

Sri Ravi Kumar C Vs. Central Adoption Resource Authority

Court : Karnataka

..... granted guardianship rights to the petitioners over the child and the order dated 20-07-2015 reads as follows: the republic of uganda in the high court of uganda at kampala family division family cause no.89 of2015in the matter of the children act (cap59 and in the matter of kris bright kumar (the child) and9in the matter of an application by ravi kumar channigarayachar and tanuja basavaraju to be appointed legal guardians of the said child ..... be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except (a) where it has not been pronounced by a court of competent jurisdiction; (b) where it has not been given on the merits of the case; (c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of india ..... in the schedule xvii on receiving necessary undertaking from the adoptive parents in the following situations, namely: (a) when resident indian adoptive parents habitually residing in india have completed adoption procedure as per the act and they intend to move abroad subject to undertaking for completion of the balance of the post-adoption follow-ups through the authorised foreign adoption agency or the central authority or the government department or ..... under my hand and seal of this court this 6th day of ..... under my hand and seal of this honourable court this 20th day of .....

Smt. M.V. Parvathavardhana Vs. M.V. Ganesh Prasad and Others

Court : Karnataka

Reported in : 1999(4)KarLJ322

..... is not necessary to consider whether the civil judge had jurisdiction to entertain some of the claims made in the suit, because section 590 of the companies act makes it clear that part x of the act does not affect the operation of the indian partnership act'.it may be noticed that in the same case, the high court (air 1977 bom. ..... for this conclusion of mine, i seek support from the following earlier pronouncements of this court as well as the other high courts: (i) salaq ram v new suraj finance and chit fund company private limited (company ..... madhusudan gordhandas and company v madhu woollen industries private limited and vasantrao and another v shyamrao and others , which were relied upon in support of the contention that the company court had no jurisdiction to wind up the firm, it was held:'proceedings under the companies act are summary in character and is a speedier way of safeguarding the interest of the partners or other persons who have formed themselves into an association of persons answering to the description ..... of faith between the partners especially between him and his father who were the major shareholders in the firm, it was just and proper that the firm be dissolved and wounded up by the high court under the relevant provisions of the companies act. ..... under similar circumstances, the punjab and haryana high court in trilok chand jain and others v swastika strips (private) limited and others, held that the relief sought in the company petition was not covered by the .....

Natural Remedies Pvt. Ltd., Bangalore, Rep. by Its Chairman and Managi ...

Court : Karnataka

Reported in : 2012(4)CTC(IP)8; 2012(3)KCCR140(SN)

..... filed under order vii rule 1 of cpc before the city civil & sessions court, bangalore district, bangalore, registered as original suit no.7801/2003 and transferred to the high court of karnataka, praying to the pass a judgment and decree against the defendants as under: a) for permanent injunction restraining the defendants and/or their licensee, nominees, agents, suppliers, dealers, consignees or any one acting directing or indirectly on their behalf from manufacturing and/or producing and/or selling of ..... (i) art, process, method or manner of manufacture;(ii) machine, apparatus or other article;(iii) substance produced by manufacture, and includes any new and useful improvement of any of them and an alleged invention.by way of amendment, by amendment act, 2002 the word invention reads as under:-2(1)(j) invention means a new product or process involving an inventory step and capable of industrial application.invention as defined under section 2(1)(j) makes it clear that it means any new and useful ..... the grant and sealing of patent or the decision rendered by the controller in the case of opposition does not guarantee the validity of the patent which can be challenged before the high court on various grounds in revocation or ..... it is clear that there is no presumption in favour of the validity of the patent merely because it is granted or sealed.revocation of patent53. ..... of the claim leads towards a medicine or a drug and consequently the patent as sealed is contrary to law.14. .....