Court : Karnataka
Decided on : Aug-12-1998
Reported in : ILR1998KAR3620; 1998(6)KarLJ667; (1999)IILLJ552Kant
..... against the 2nd respondent, since he was responsible for forming the officers' association which was registered on 30-12-1996 under the provisions of the indian trade unions act, in which he became the founder-secretary and was actively participating in the activities of the association as an office bearer by submitting charter of demands ..... of government of india subscribed more than 97% share capital and state acquired deep and pervasive control of the mysore paper mills company. consequent upon the amendments introduced under articles 5-a and 5-b of memorandum of association in the year 1994, now the said company is entrusted with an important public duty ..... mpm.(xi) annexure-vw - letter dated 11-10-1993 from cmd of mpm to government of karnataka requesting for approval of expenditure for upgradation of soda recovery boilers.(xii) annexure-www - letter dated 11-10-1993 from cmd of mpm to government of karnataka requesting for approval of expenditure for conversion of railway siding at mpm .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-31-1998
Reported in : ILR1998KAR4237
..... of examination and the standards of proficiency therein to be obtained by the universities or medical institutions for grant of recognised medical qualifications.17. by indian medical council (amendment) act, 1993, which came into force with effect from 27th august, 1992 and replaced the ordinance promulgated earlier sections 10a, 10b and 10c were introduced ..... increase in the intake capacity of such institutions can also be made only under the orders of the central government in accordance with the provisions of the amended act. in other words, all important facets of medical education in the country such as the authority, to permit the establishment of institutions offering the same, ..... in such institutions and withdrawal of recognition granted to the same, if the same falls below what is prescribed by the council. similar amendments were carried out in dentist act 1948 also.18. the question then is whether the scheme of the two enactments envisages a matter so important as the method of .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-31-1998
Reported in : 1999(2)KarLJ187
..... will have mandatory force. regulations have been framed with reference to clauses (fa), (fb) and (fc) (which have been introduced by the amendment act of 1993, w.e.f. august 27, 1992) and clauses (j), (k) and (1) of section 33'.10. counsel appearing for the petitioner and even mr. ..... justified in rejecting the prayer made by the petitioners. alternatively, it was urged that gracing of marks was provided for by the regulations framed under the indian medical council act, 1956, which were binding upon the respondent-university and which entitled such of the candidates as were eligible for the award of such marks to claim ..... system, re-valuation or even grace marks on the basis of the pre-existing regulations must be declined.8. regarding question (ii):section 19a of the indian medical council act, 1956, empowers the council to prescribe the minimum standards of medical education required for granting recognised medical qualifications by universities or medical institutions in india. section .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-31-1998
Reported in : 1999(1)ALT(Cri)430; 1999CriLJ927; I(1999)DMC565; ILR1998KAR3068; 1998(5)KarLJ522
..... of 1994, to assist ourselves. as we see in the said case, their lordships kbnj and rrkj had ordered as hereunder: 'after going through the provisions of the family courts amendment act, 1991, which came into force from 28-12-1991, we find that the matter has to be registered as civil revision petition and it will have to be disposed of ..... on hand, office has raised objections in view of the order passed by the bench wherein it has been ordered that after going through the provisions of the family courts amendment act, 1991 which came into force w.e.f. 28-2-1991 we find that the matter has to be registered as civil revision petition and it will have to be ..... attention to the order of this court in the case of aitha chander rao v state of andhra pradesh. the said rao had been convicted under section 304a of the indian penal code and sentenced to undergo two years rigorous imprisonment and pay a fine of rs. 500/-. on appeal to this court against the judgment of the high court affirming .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-30-1998
Reported in : [1999]235ITR13(KAR); [1999]235ITR13(Karn)
..... person. this contention, therefore, has no force and is rejected.7. regarding the limitation prescribed under section 231 of the act, it may be observed that the said section has been omitted by the direct tax laws (amendment) act of 1987 with effect from april 1, 1989. this section mentions that no proceedings for the recovery of any sum ..... payable under this act shall be commenced after the expiry of three years from the last date of the financial year in ..... -k and l, dated september 28, 1987, were assailed. the petitioner filed objections in pursuance of the notice issued under section 226(3) of the income-tax act. the petitioner disputed the liability to pay any amount to mr. askar mirza. the objections were rejected on the ground that the objections are not accompanied by a statement .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-29-1998
Reported in : [1999]239ITR902(KAR); [1999]239ITR902(Karn)
..... of no assistance to the petitioner. in the absence of any ambiguity in the plain language of the section, the petitioner cannot be given any benefit. the provisions of the amendment act, 1994, cannot be considered to be unconstitutional.18. i do not see any reason to disagree with the judgment given in w. p. no. 19572 of 1995 dated june ..... the partner. no provision was made for setting off of the losses in the hands of the firm though by the amendment act no. 18 of 1994, the firm was made an assessable unit. there is no other provision also underthe act as in the case of j. h. gotla , with the aid of which the benefit of set off could be ..... is logically relevant should be admissible. in fact there are at least three decisions of this court, one in loka shikshana trust v. cit : [1975]101itr234(sc) , the other in indian chamber of commerce v. cit : [1975]101itr796(sc) and the third in addl. cit v. surat art silk cloth manufacturers association : [1980]121itr1(sc) , where the speech made by .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-27-1998
Reported in : 1999(3)KarLJ699
..... made by their lordships in harishankar's case, supra, in para 10 also their lordships observed:'what the learned chief justice has said applies to section 35 of the act, with which we are concerned. judged from this point of view, the learned single judge was not justified in interfering with a plain finding of fact and more ..... j. (as he then was) in bell and company limited v woman hemraj, where the learned chief justice, dealing with section 25 of the provincial small cause courts act, observed: 'the object of section 25 is to enable the high court to see that there has been no miscarriage of justice, that the decision was given according to ..... counsel for the applicant has been hotly contested. learned counsel for the respondent contended that jurisdiction of this court under section 18 of the karnataka small causes courts act is not the same as that of the first appellate court. learned counsel contended that jurisdiction is limited to examine whether the decision is according to law and .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-24-1998
Reported in : (1999)153CTR(Kar)530; ILR1998KAR3267; [1998]234ITR308(KAR); [1998]234ITR308(Karn)
..... lends money to and receives deposits from its shareholders. this does not by itself make its income any the less income from business within section 10 of the indian income-tax act.'18. from these judgments it gets established that no taxable profit can be said to emerge from out of mutuality on the ground that 'no man can ..... , as and when it is deemed necessary for fulfilling the objects of the fund. vide circular resolution dated november 13, 1984, clause 8 of the annexure was amended and it was provided that the funds may be invested in interest bearing deposits or securities in any scheduled bank, institutions like iti employees union co-operative credit society ..... taxable profit is said to emerge from mutual activity of its members on the ground that no man can trade with himself. counsel submits that the employees of the indian telephone industries, who are the members of the assessee contribute to the assessee's fund and that they participate in the surplus and, therefore, the test of .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-10-1998
Reported in : 1999(3)KarLJ651
..... industry should not exceed 75 dea. the board decided to issue directions for closing the industry under section 31a of air (prevention and control of pollution) act, 1981 (as amended in 1987) with directions to k.e.b. and b.w.s.s.b. authorities to cut off supply of electricity and water respectively and ..... live, move and prove ourselves. in india, as elsewhere in the world, uncontrolled growth and the consequent environmental deterioration are fast assuming menacing proportions and all indian cities are afflicted with this problem. the once imperial city of calcutta is no exception. the question raised in the present case is whether the government of ..... the theory which governs our environmental laws, is what may be called a 'policing society theory' envisaging the legislature and the administration would perform their task acting as vigilant policemen entrusted to detect crimes by bringing the culprits to the court. failure on the part of the executive or the legislature to perform their .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-29-1998
Reported in : 1998CriLJ4526; II(1999)DMC422; ILR1999KAR1676; 1998(5)KarLJ357
..... whether they plead guilty of the offences punishable under section 498-a, indian penal code and sections 3, 4 and 6 of the dowry prohibition act, as required by section 240, criminal procedure code. the learned magistrate, by the impugned order, has permitted the respondents herein among the accused in the case ..... , there is a ground presuming that the accused in the case, including the present two respondents, have committed offences punishable under section 498-a, indian penal code and sections 3, 4 and 6 of the dowry prohibition act, 1961. what remains is, framing of the charge and to read it over and to explain to the accused and to ask the accused .....
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