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 : ILR1989KAR851
..... respondent is the landlord. he is a retired official of the state government. he filed eviction petitions under section 21-c of the karnataka rent control act, 1961 ('the act' for short). the said provision was added as an amendment on 20th march 1984. the petitioners filed eviction petitions on 15th april, 1984 enclosing a ..... of their houses back from their tenants after their retirement or on death under the existing provisions of the rent control act. therefore, they have requested to amend the karnataka rent control act, 1961 providing for summary termination of the tenancy of houses owned by government servants or by members of their families when they ..... the landlord admitted that after madhusudhana rao vacated the premises, he did not report the vacancy to the rent controller as required under section 4 of the act and occupied the same without obtaining necessary permission from the rent and accommodation controller. in this context, his action is unlawful.3. in the court below .....
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 : ILR2000KAR447; 2001(3)KarLJ302
ORDER1. The issues that arise for consideration in these two writ petitions are interrelated. The same shall therefore stand disposed of by this commonorder.2, Petitioner in W.P. No. 11519 of 1996 offers a training course in shorthand and Typewriting at Nagavarapalya, K.R. Puram in Bangalore. Recognition granted to the institute has been renewed from time to time as is evident from one such order produced by the petitioner. The petitioner in that petition has questioned the validity of an order dated 21st April, 1995 issued by the Commissioner of Public Instructions permitting the 4th respondent to establish a similar institute in the D.R.D.O. Complex, C.V. Raman Nagar, Bangalore. The challenge is primarily founded on the plea that the new institute permitted by the said order is within the prohibited distance of 1 km. from the petitioner-institute. While the matter was still pending in this Court, the Government appears to have issued instructions to the Commissioner of Public Instruc...
Tag this Judgment!Court : Karnataka
Reported in : 1967CriLJ1435
..... the judicial magistrate, i glass, belgaum taluka, requesting him to grant permission to investigate the offence of acceptance of bribers per section 6 of the prevention of corruption act and the learned magistrate, by his order, exhibit 183.k, granted the requisite permission.7. thereafter, a charge-sheet was filed against the accused as mentioned ..... reiterated by the supreme court, in munnalal v. state of uttar pradesh : 1964crilj11 . their lordships have held that section 5-a of the prevention of corruption act is mandatory and not directory and as investigation conducted in violation thereof is illegal. if however there was irregular investigation and section 5a was not complied with in ..... santhosh, j.1. the appellant dattatray gangadhar bamant in criminal appeal no. 331 of 196s was the first accused in special case no. 5 of 1961 on the tile of the special judge, belgaum. he and the second accused kashinath krishna bapat were charged with having committed offences under section 161 of .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1984Kant95; 1984(1)KarLJ9
..... statements were gone through and the counsel were heard with regard to . their respective statements.since the time for making and publishing the award as per the arbitration act had expired. the claimants were asked to file an application before the civil judge. bangalore. for extension of time by a months from the date of its ..... ) power corporation limited and the chief engineer. s. v. p. cell. water development organisation. made an application under section 30 read with section 33 of the arbitration act. 190. to declare the award produced into court by the arbitrators as one made without jurisdiction and to set aside the same. according to them. the arbitrators have misconducted ..... . bangalore city. in original suit no. 150 of 197 . on his file. rejecting the applicable made under section 30 mad with section 33 of the arbitration act. 1940 and directing that a decree be passed in terms of the award passed by the arbitrators.2.the karnataka state entered into two agreements dated 21-9-1960 .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR799
..... to point out the very same anamoly in muneer ahamad v. the assistant regional transport officer, kolar gold fields and observed that section 32 of the motor vehicles act conferred powers on the regional transport officers of states to approve alteration of the seating capacity and such approval cannot be undone by another state.15. i have considered ..... be an all india tourist omni bus.on 30-6-1985, the petitioner surrendered the documents of the vehicle in question before the respondent claiming exemption from payment of tax from 1-7-1985. on 8-10-1985, the petitioner requested for release of the documents after the period of non-user was over, to use the vehicle ..... common order disposing of the said writ petitions has pointed out the anamoly brought about by each state having different rules framed under section 70 of the motor vehicles act and has further observed that it is for the various state governments to tackle this situation in order to see that uniform rules are framed by all the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR1158; 1993(1)KarLJ627
..... is duty bound to see that the authorities functioning within its jurisdiction keep themselves within the bound of rules and regulations and not exceed their authority non act in violation of therules and regulations. rule 3 of the rules in categorical termsprovides that a licence to tap excise trees shall be issued only infavour of ..... 1967 rules and framed 1991 rules, wherein grant of licence for tapping excise trees was confined to the co-operative societies registered under the karnataka co-operative societies act, 1959, the members of which are all tappers.6. on the contrary, it is submitted by sri s.r. nayak, learned government advocate that the appellant ..... trees shall be granted in the state of karnataka except dakshina kannada to any person excepting the co-operative societies registered under the karnataka co-operative societies act, 1959, the members of which are tappers; that this aspect of the matter was also recognised by the department and the excise commissioner had issued a .....
Tag this Judgment!Court : Karnataka
Reported in : [1995(71)FLR706]; ILR1995KAR1922; 1995(5)KarLJ100; (1996)IIILLJ105Kant
..... damodar by obstructing the movement of the goods and persons has committed the offences punishable under sections 341 & 342 i.p.c. in such circumstances these acts and omissions constitute misconduct. 10. shri narasimhan, learned counsel, also cited several authorities to contend that if two views are possible on an issue, the ..... consider reasonably what conduct can be property treated as misconduct. it would be difficult to lay down any general rule in respect of this problem. acts which are subversive of discipline amongst the employees would constitute misconduct; rowdy conduct in the course of working hours would constitute misconduct; misbehaviour committed even ..... it means intentional wrong doing. it would include unlawful behaviour. a conduct which is blameworthy would be misconduct. if by the commission or omission of the acts of the employee, the employer suffers loss or it generates an atmosphere destructive of discipline, the same is misconduct. as stated by the supreme court in .....
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.
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