Court : Karnataka Dharwad
..... is not empowered to take possession of the lands in law. therefore we have prima facie found that possession has not been taken as provided in sub-section (7) of section 28 of the act. therefore we have to accept the case of the appellants that they have been in peaceful possession and enjoyment of the property. in this view of ..... the concerned village of the lands on 01.10.2007. to this effect, there is panchanama drawn. but, it is to be noted that under sub-section(7) of section 28 of the act it is the state government or any officer authorized by it should take possession and not by any other person. in the instant case, the revenue inspector ..... recommended for putting up the proposal for issue of a declaration by the state government in terms of sub section 4 of section 28 of the act. while passing the order under sub section 3 of section 28 of the act, the special land acquisition officer acting as delegate of the powers of the state government in terms of rule 14(1) of the karnataka .....
Tag this Judgment!Court : Karnataka Dharwad
..... inserted, namely. (m) for establishment and promotion of goshalas by hindu religious institutions or any hindu organisation; (n) to meet the objects of the act ?.section 20: constitution of the advisory committee. 1) the state government shall constitute for the state of karnataka a committee to be called the advisory committee consisting of ..... as regards the contentions regarding violation of articles 25 and 26 of the constitution of india is concerned focus was on the following provisions of the act: sections 3 to 8 in chapter ii deals with the powers of the commissioner. chapter iii deals with the appointment of archakas and temple servants, emoluments, ..... assistant commissioner shall subject to the authority of the deputy commissioner perform such duties and exercise such powers as may be prescribed.in section 24 of the principal act, in sub-section (1), for the words the commissioner shall be the chief controlling authority ?, the words subject to the powers and jurisdiction of .....
Tag this Judgment!Court : Karnataka Dharwad
..... shown should be understood and applied in a reasonable manner, depending upon the facts and circumstances of the case. the words, sufficient cause, appearing in section 5 of the limitation act should receive liberal construction, so a to advance substantial justice, when the delay is not on account of want of bona fides on the part of the ..... without assigning any reason, condoned the delay and allowed the appeal on 18.5.2009 (annexure-f).8. aggrieved, the petitioners filed a revision petition, under section 136(3) of the act, before the 1st respondent. a specific ground was raised with regard to the flaw in the order passed by the appellate authority, on the question of ..... bearing sy.nos.789/16 and 786/6 of ranebennur village from hanumantappa basappa basenayakar and huchchappa tai hanumavva basenayakar, under a registered sale deed dated 16.05.1968. mutation entry in respect of the said property was made in the name of arjunsa nagendrasa kathare on 15.05.1971 vide annexure-b.2. on 02.06 .....
Tag this Judgment!Court : Karnataka Dharwad
..... had not been aware of acquisition proceedings as the only ground taken in the writ petition has been that substance of the notification under section 4 and declaration under section 6 of act 1894 had been published in the newspapers having no wide circulation. even if, the submission made by the petitioners is accepted, it cannot ..... of the canal of upper tunga project. admittedly, the impugned notifications were issued to acquire the lands invoking the urgency clause dispensing enquiry under section 5-a of the act for the upper tunga project which is for a public purpose mainly for construction of canal from 222 to 232 kilometers. it is specifically ..... the preliminary notification. therefore, there is no delay as alleged by the petitioners. 6. the respondents/state further contended that the notice issued under section 4(1) of the act was issued to the petitioners after following due procedure and in fact they have filed objections to the same. however, the acquiring authority invoking the .....
Tag this Judgment!Court : Karnataka Dharwad
..... hasten to add that the consultation with the state government, before any appointment is notified by the chancellors is a mandatory requirement under sub section (4) of section 14 of the act. however, in the instant case, the same not having been done, cannot vitiate the appointment of third respondent as the vice chancellor of ..... was also sent recommending the name of the petitioner to be the vice-chancellor of the respondent-university (annexure-c). exercising powers under sub-section (4) of section 14 of the act, the chancellor, having regard to merit, equity and social justice appointed the third respondent as vice-chancellor and a notification to that effect ..... c. the first respondent-chancellor, however did not accept the said name suggested by the state government and instead exercised power under sub-section (4) of section 14 of the act and appointed the third respondent as the vice-chancellor of the university and accordingly, notification dated 18.10.2010 (annexure-e) was issued .....
Tag this Judgment!Court : Karnataka Dharwad
..... in our considered opinion, the revisional jurisdiction of the deputy commissioner cannot be excluded merely because section 136(2) of the act is not mentioned alongwith sections 127 and 129 of the act in sub-section (3) of section 136 of the act. 18. it could not have been legislatures intention that finality intended in the order made ..... in the register of disputed cases under sub-section (3) of section 129 of the act. thereafter the prescribed authority shall decide the dispute under sub-section (4) of section 129 of the act following the procedure prescribed under sub-section (5). sub-section (6) of section 129 of the act provides for making an entry and certifying the ..... commissioner should also have the power to interfere with an appellate order made under sub-section (2) of section 136 of the act, it would have specified the said provision also in sub-section (3) of section 136 of the act just as sections 127 and 129 are specified. 9. the only other point for consideration is: .....
Tag this Judgment!Court : Karnataka Dharwad
..... delhi co-op urban t and c society ltd. does not all within the meaning of co-operative banks as defined in part v of the banking regulation act, 1949, sub-section (4) of section 80p will not apply in this case. 5. the issues with the approval of chairman, central board of direct taxes. ? the learned counsel contends that ..... to a taluk and the principal object of which is to provide for long-term credit for agricultural and rural development activities. part v of the banking regulation act, 1949, section 5 (cci): in order to examine in a given case of an assessee society whether it is a co-operative bank or not as defined in part v ..... bank, meant a co-operative society. therefore, the assessing officer held that the appellant society being a primary co-operative bank, was not eligible for deduction under section 80 p of the it act. 3. the appellant society had then preferred an appeal before the commissioner of income tax (appeals) challenging the above order of the assessing officer. the .....
Tag this Judgment!Court : Karnataka Dharwad
..... the chancellor is maintainable? or whether writ petition filed by the university through its registrar is not maintainable for want of previous sanction under section 53(2) of the act from the executive council? (2) if answer to point no.1 is in the affirmative; then, whether notification dated 19.12.2014annexure- ..... for dismissal of the writ petition. 6. learned senior counsel, sri. d.n. nanjunda reddy, appearing for the petitioner-university has contented that section 9 of the act confers power on the state government to call upon the executive council of the university to offer explanation and on receipt of the said explanation if ..... to initiate the proceedings against chancellor, writ petition is not maintainable since both chancellor and registrar being officers of the university as defined under section 10 of the act, present proceedings cannot be initiated by the registrar against the chancellor without obtaining previous sanction of the executive council. it is further contended that .....
Tag this Judgment!Court : Karnataka Dharwad
..... in deducting fund transferred to distribution pool fund account as expenditure. 5. he further contended that assessee was required to file an audit report under section 44ab of the act. but, the chartered accountant refused to answer the questions posed by the assessing authority. he also hesitated to submit a categorical reply with regard ..... said question and sought time to furnish an explanation. subsequently, he sent an explanation by email, which was not in consonance with the provisions of section 44ab of the act. the assessing authority held that the chartered accountant had hesitated to comment on the deduction and transferred to the distribution pool fund account ; viii) ..... asserted that the total taxable income for the said assessment year was nil. revenue took up assessee s case for scrutiny by issuing notice under section 143(2) of the act. assessee was represented by one shri anil shantharam nadkarni, manager of the society and shri r.v.hublikar, an income tax practitioner. copies .....
Tag this Judgment!Court : Karnataka Dharwad
..... . 18. in sms pharmaceuticals ltd., vs. neeta bhalla and another reported in (2007) 4 scc 70, the apex court referring to section 141 of the ni act, held that - "sec.141 of the ni act does not say that a director of the company shall automatically vicariously liable for commission of an offence on behalf of the company what is ..... 2009 summoning them to answer the charges is also quashed." in the above said decision, the learned judge has observed the wordings used in sub- section (2) of sec.10 of the ec act - that "if proved" pre-supposes "sufficient material" that such person by his consent or connivance or attributable negligence indulged in the crime. if ..... above said two provisions, putting juxt oppose to each other, it clears out the doubt that except the words "contravening" in section10 of ec act and "committing" in section 141 of the ni act, there is absolutely no difference in the above said two provisions. in this background, now let me consider the important aspects considered by the .....
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