Court : Karnataka
Reported in : ILR1994KAR304; 1994(2)KarLJ357
..... karnataka essential commodities licensing order, 1986 is challenged. two grievances are voiced. the first grievance is that the said licensing order issued under the essential commodities act does not empower the authorities to seize and remove the entire stock of essential commodity if the grievance is made against a part of such stock which according ..... the seizing authority, he has ample remedy of approaching the collector or deputy commissioner, as the case may be, under section 6-a of the essential commodities act seeking appropriate orders. as laid down in sub-section (2) of section 6-a thereof, in appropriate cases the collector, in connection with the commodity which ..... before the competent authority. consequently, it cannot be said that there is absence of any provision for -safeguarding the interest of the stock holders under the act. the second grievance also, therefore, fails as it has no substance.5. since there is no substance in the grievances sought to be made out, the .....
Tag this Judgment!Court : Karnataka
Reported in : 1998(59)ECC243; 1998(97)ELT57(Kar)
..... 1.1.1989 filed by it in the prescribed form. the controversy arises in the following backdrop :- 1.1. the petitioner is a statutory body constituted under the electricity supply act, 1948 and engaged in generation, transmission and distribution of electricity within the state of karnataka. it has established workshops among other places at mandya and bangalore in which it fabricates ..... by mr. haranahalli's statement that if the petitioner were to succeed in the appeal it could claim refund subject to its fulfilling the requirement of section 11b of the act. this position even otherwise stands to reason for once it is held that a particular item fabricated by the petitioner in any one of its workshops is not excisable, it ..... for the period following 1.1.1989 provided it otherwise fulfils the requirements essential for any such refund under section 11b and rule 233b of the central excises and salt act, 1944, and the rules framed thereunder. 9. no costs.
Tag this Judgment!Court : Karnataka
Reported in : 1966CriLJ1168
..... this court in siddappa v. state of mysore 1965(2) mys. lj 326, in which it has been laid down that section 8 of the mysore children act, 1961 confers on a magistrate presiding over the juvenile court exclusive jurisdiction to try a juvenile offender though charged with the offence of murder. mr. malimath has submitted that ..... code of criminal procedure. the three children in criminal revision case no. 22 of 1965 are charged with an offence punishable under section 127 of the indian railways act which is punishable with imprisonment for life, while the two children in criminal revision case no. 23 of 1965 have been charged with an offence punishable under section ..... can make in deciding upon the measures for the care arid protection of neglected children. sec-59 and some other sections contained in chapter vii of the act also provide for certain enquiries being made by a competent court in regard to juvenile offenders before passing the various kinds of orders mentioned therein. since the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1984Kant1
..... urged before us that the learned civil judge had no jurisdiction to exercise the powers contemplated tinder o. xxii, r. 4 (4), civil p. c. as amended by the amending act of 1976.4. as against that, the learned counsel appearing for the respondents plaintiffs argued supporting the judgment and order of the learned civil judge.5.the sole question of ..... may also be noted in this context that though the provision, namely, o. 22, r. 4 (4), c.p.c., were incorporated in the civil p. c. by the amending act, 1976. the said provision already existed in the civil p. c. applicable to karnataka right from the year 1969. hence, no argument, was advanced before us that the provision was .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR376; 1990(3)KarLJ499
..... thus set aside, but instead of restoring the order of confiscation we order that a few bottles at random should be analysed and if contraband stuff against -the prohibition act is found the whole stock shall be confiscated.'sri shankar also submitted that both in law and equity, the petitioners are entitled to the immediate custody of the articles seized ..... total weight of the articles seized is yet to be determined and eventually the articles are liable to be forfeited and confiscated to the government under section 10 of the act. in this connection, he placed reliance on a decision of this court in the state of mysore v. anthony, 1971 crl.l.j. 1638 and in particular the ..... no. 71/89 against sri v. ramaswamy and crime no. 72/89 against sri d. soundararajalu for offences punishable under section 5(3)(b) of the explosives act, 1884 (for short 'the act') and took up investigation of the said cases. in the meanwhile b.e.m.l. nagar police reported the seizure of the said fire works and sparklers .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR2653; 1995(5)KarLJ109; (1996)ILLJ1168Kant
..... circular issued by the labour commissioner referred to above he has directed that the conciliation officer need not proceed with the conciliation under section 12 of the i.d. act, if in the event, the dispute is between the government company and the worker employed in the government company. this is a clear case of interference with the ..... s. sujatha, hcgp for respondents. it is to be noted that the duties of the conciliation officer is specified under section 12 of the i.d. act. section 12 of the act states that if there be a dispute between the management and the workers, the conciliation officer shall conciliate and submit this report on the conciliation to the ..... the government department sought to raise an industrial dispute with respect to the dispute described as coming within the ambit of section 2(k) of the i.d. act. the conciliation officer relying on the circular issued by the second respondent (produced as annexure-a in wp 14515 to 518/95) has declined to conciliate and submit .....
Tag this Judgment!Court : Karnataka
Reported in : 1997(2)KarLJ477
..... also state that the management has miserably failed to establish any one of the charges alleged against him and the allegations can never be termed as acts of serious misconduct which warrant any action much less punishment of dismissal from service and, lastly, he would represent that the intended punishment is neither ..... served on the official, in that it was said that the official is said to have committed the following acts of misconduct, viz., fabrication of documents, tampering of official records, lack of integrity and acts unbecoming of an officer and the petitioner was asked to submit his explanation within the prescribed time. learned ..... the said regular entries appear to have been made with the dishonest intention of fabricating false evidence to cover up your acts of omission and commission. from the facts mentioned above, it appears that you have committed the following acts of misconduct : (1) fabrication of documents, (2) tampering of official records, (3) lack of integrity, .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(2)KarLJ625
..... , petitioner had committed grave official misconduct and failed to maintain absolute integrity, devotion to duty and acted in a manner unbecoming of a public servant, inasmuch as, he had amassed wealth disproportionate to all his known sources of income by corrupt and or by illegal means to the tune of rs. 2,03,323.14/-. ..... according to the respondent-bank these omissions and commissions would constitute acts of misconduct within the meaning of regulation 3(1) read with regulation 24 ..... authority entrusted with the power to hold inquiry has jurisdiction, power and authority to reach a finding of fact of conclusion. neither the technical rules of evidence act nor of proof of fact or evidence as denied therein, apply to disciplinary proceeding. when the authority accepts that evidence and conclusion receives support therefrom, the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR175
..... be said to have taken cognizance of the complaints. after thus taking cognizance and considering the facts placed before them, the learned magistrates have ordered issue of process acting under section 204 of the code. they have not committed any error of law or procedure in the matter of issuing process summoning the accused.25. in the ..... for instituting a case' in this order he was actually taking action under section 202 that being the only section under which he was, in law, entitled to act.the fact that sub-inspector of police treated the copy of the petition of complaint as a first information report and submitted 'charge-sheet' against the accused persons ..... taking cognizance. issuing of a search warrant for the purpose of an investigation or of a warrant of arrest for that purpose cannot by themselves be registered as acts by which cognizance is taken of an offence. it is only when a magistrate applies his mind for the purpose of proceeding under section 200 and subsequent sections .....
Tag this Judgment!Court : Karnataka
Reported in : 1975CriLJ90
..... to above, it is not possible to say that the additional district magistrate when he received the declaration made by the petitioners under section 19-d of the act, was acting as a court and the alleged offence has been committed by the party to a proceeding in a court and as such sub-clause 7. the next question ..... in the name of the complainant, but, as already pointed out, they were, under a statutory authority, to file such a declaration under section 19-d of the act, as the respondent, though requested, was still persisting to continue as the printer and publisher of the newspaper, the petitioners had no other alternative but to make the alleged ..... before whom the documents have been produced is one and the same. it is also contended that when the additional district magistrate received the false declaration, he was not .acting as a court and therefore, he had no right to summon the witnesses or record evidence. strong reliance has been placed on the decision in virindar kumar satyawadi v .....
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