Court : Karnataka
Reported in : [2009]94SCL116(Kar)
..... two foreign body corporates who are shareholders in the transferor company and hence the transferee companies have to comply with the requirements of the foreign exchange management act [fema] and the reserve bank of india act with regard to the allotment of shares to the shareholders of the transferee company.12. in reply, learned counsel for the petitioner submits that the petitioner ..... orderb.v. nagarathna, j.1. these lour company petitions have been filed under sections 391 and 394 of the companies act seeking sanction of a scheme of arrangement. since the scheme of arrangement is in respect of the four companies who have preferred the four company petitions, they have been heard .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR536; 1984(1)KarLJ82
..... detention are these.first, that on 8-1-1982 at about 2 a.m., at davangere bus stand, central excise authorities intercepted the detenu when he alighted from the incoming bus from bombay and found him carrying 53 wrist watches of foreign origin valued at rs. 17,800/.the second incident is stated to have occurred on 9-4-1982 ..... of the mind of the detaining authority and, therefore, there is no genuine subjective satisfaction at all. this may be on account of the fact that the past acts of the detenu are so stale that their susceptibility for prognosis for the future ceases or that the order of detention made after such unexplained delay does not admit of ..... .g. ravi @ h.raju be detained. now, therefore, in exercise of the powers conferred by section 3(l)(iii) of the conservation of foreign exchange and prevention of smuggling activities act. 1974, the government of karnataka hereby direct that the said sri h.g. ravindra @ h.g. ravi @ ravi kumar @ h. raju' be detained and kept in custody in .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1986Kant75; ILR1985KAR1930
..... filed an application 1. a. 8 to overrule the objections of the defendants and decree the suit straightway.5. learned counsel savanur relied on ss. 4 to 6 of wakf act, 1954. s. 6 which is material to this case. reads:'6. disputes regarding wakfs :- (1) if any question arises whether a particular property specified as wakf property in a list ..... relied on bangalore city corporation v. mysore state board of wakfs, (1973) 1 mys u 103 (air 1973 mys 189). this court held:'the wakfs board's jurisdiction under the act is confined to matters of administration of wakfs and not to adjudicate question of title. ss. 4 and 6 do not invest the commissioner or the wakf board with authority .....
Tag this Judgment!Court : Karnataka
Reported in : 1991(32)ECC99; 1992(61)ELT252(Kar); 1991(1)KarLJ132
..... of the constitution of india is : whether the petitioners are entitled to claim exemption from payment of additional duty under section 3(1) of the customs tariff act, 1975 (the act of 1975 for short). 2. few facts to be noticed and adverted to decide the question are these. the mysore petrochemicals ltd., petitioner-1, hereinafter ..... to the beneficiaries under the notification and it cannot ipso facto be extended further to others who are not covered by the notification. as normally understood, the taxing statutes particularly operate in their respective fields and they do not overlap unless a specific provision is made for such overlapping. therefore, the petitioner-company cannot claim ..... to the excise duty' leviable on a like article if produced or manufactured in india, as defined in the explanation to that section. the measure of a tax or duty cannot determine its nature or character. the brass scrap which is imported into india by the importers of the brass scrap is liable to the levy .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR1218; 1992(2)KarLJ16
..... left. in these circumstances therefore the appellant cannot be convicted for an offence under section 395. the high court has not found that ram lakhan was guilty of any overt act so as to bring his case within any other minor offence.'6. per contra, the learned government pleader has referred to a decision in sakthu and anr. v. state of ..... , the conviction of the appellant after acquittal of the three other accused is legally unsustainable,10. there is also no other overt act attributed in respect of the present appellant nor the trial court framed any charge on the overt act. though it is the case of the prosecution that p.w.3 and p.w.4 were assaulted during this dacoity .....
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 : 1998(2)ALT(Cri)40; 1998(3)KarLJ164
..... was convicted under section 325, indian penal code. the learned trial judge also exercised his discretion in affording the accused the benefit of the probation of offenders act. the state has preferred the present appeal principally on the ground that the prosecution having established the incident in question that the conviction under section 325, indian ..... penal code was unjustified in law and the second contention raised was that the benefit of the probation of offenders act ought not to have been extended to the accused having regard to the gravity of the incident in question.2. we have heard the learned additional state ..... family consisted of his wife and three daughters, that the trial judge has exercised his judicial discretion in affording him the benefit of the probation of offenders act. it was also pointed out to us that the prosecution has not adduced any evidence in support of anything aggravating and there is nothing to indicate that .....
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 : 2000(3)KarLJ174
..... -9-1998. thereafter the application before the tribunal was filed within one year, which is within the period of limitation prescribed under sections 20 and 21 of the administrative tribunals act. hence, we reject the contention of the learned counsel for the petitioners in this regard.6. the second contention put forward is that the modified scheme came into force vide .....
Tag this Judgment!Court : Karnataka
Reported in : 2002(3)KarLJ433
..... the petitioner by the 2nd respondent, the 1st respondent herein has filed the revision petition before the 3rd respondent under section 136(3) of the karnataka land revenue act. the deputy commissioner has allowed the revision by his order dated 15-11-2000 cancelling the mutation sanctioned by the 2nd respondent in favour of the petitioner. ..... petitioner. therefore, taking into consideration all these facts and circumstances of the case, the order passed by the deputy commissioner is contrary to the relevant provisions of the act and the same is not sustainable in the eyes of law. hence, he prayed that the impugned, order may be set aside.5. per contra, the learned ..... mutation sanctioned in favour of the petitioner by the 2nd respondent which is contrary to the relevant provisions of the act. it is pertinent to note here itself as per section 128 of the karnataka land revenue act the petitioner shall report either orally or in writing the acquisition of her right in respect of the land .....
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