Court : Karnataka Dharwad
..... the complaint and available materials on record the complainant has made out a prima facie case. therefore cognizance is taken for the offences punishable under section 31 and 36 of legal metrology act against the accused no.1 to 12. office is to register the criminal case against the accused no.1 to 12.15. learned jmfc has ..... public servant, dispensing with the sworn statement, being of the opinion that the contents of the private complaints made out the ingredients of the offences under sections 31 and 36 of the act, took cognizance for the said offences and issued summons to the petitioners.8. i have heard the learned senior counsel sri. k. kasturi, learned senior ..... in c.c.no.1040/2020 on the file of the principal civil judge and jmfc, gokak taking cognizance for the offences punishable under sections 31 and 36 of the legal metrology act, 2009 ( the act for short) against the petitioners.3. petitioners in criminal petition no.101397/2020 are calling in question the order dated 10.06.2020 .....
Tag this Judgment!Court : Karnataka Dharwad
..... division bench of this court in the case of mallayya murigeyya naduvinmath vs. puttanna shivappa mosali air1976kar192at paragraph no.7 and 8 has held as under;"7. section 133 of the act as it stands now takes away the jurisdiction of any civil or criminal court or officer or authority to decide the question whether a land is an agricultural ..... value of which rs.100/- or upwards has held that if there is no pre-existing rights involved in such a compromise, document is compulsorily registerable under section 17 of the registration act.-. 52 - rsa no.5252/2010 17.33. it is also relevant to refer to judgment of the apex court in the case of ram rathan by ..... ltd., and others 2. air1956sc346 raja sri sailendra narayan bhanja deo vs.state of orissa 3. (1973)2 scc40bhavan vaja and others vs.solanki hanuji khodaji mansang and another 4. 1968 (1) mysore law journal 14. submission of sri. v.p.kulkarni, learned counsel along with sri. f.v.patil, learned counsel appearing for the plaintiffs; 14.1. .....
Tag this Judgment!Court : Karnataka Dharwad
..... of cpc, relating to appeals to the high court, as far as may be, apply to these appeals. this section is analogous to section 100 of cpc. noticeably, both these sections i.e., section 260a of it act and section 100 of cpc do not define the expression substantial question of law. the apex court vide santosh hazari vs. ..... allowable as the expenditure in the hands of the assessee and treated as salary/perquisite in the hands of the directions receiving it. remissible under section 198 and section 309 of the companies act, 1956. further this legal position stands concluded by a judgment of gujarat high court in sayai iron & engg. co. vs. cit reported ..... only to a group of companies in which sri g janardhana reddy is interested. the alleged transporters have admitted in the sworn statements recorded under section 131 of the act, that they have not rendered any transportation services to the assessee company. insofar as examination of the bank statements of the alleged transporters showed .....
Tag this Judgment!Court : Karnataka Dharwad
..... co-op urban t and c society ltd. does not fall 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 the ..... 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 same .....
Tag this Judgment!Court : Karnataka Dharwad
..... and for matters connected therewith.13. the proceeding before the family court was conducted without being alive to the purpose of objects and reasons of the act and the spirit of the provisions under section 125 of the code. it is unfortunate that the case continued years before the family court. it has come to the notice of the court ..... lamani age30years, occ driver lorry tipper, r/o sevalapur, shirabadagi tanda, tq savanur, dist haveri, pin code58000. respondent this rpfc is filed under sec.115 of cpc r/w sec.19(4) of the family courts act, 1984, against the judgment and order dated511.2020, in crl.misc. no.145/2020, on the file of the family court, dharwad, partly ..... the court, and what is the duty of a family court after establishment of such courts by the family courts act, 1984. in dukhtar jahan v. mohd. farooq, reported in (1987) 1 scc624 the court opined that;"16. proceedings under section 125 [of the code), it must be remembered, are of a summary nature and are intended to enable .....
Tag this Judgment!Court : Karnataka Dharwad
..... under article 19(1)(d). hence, the restriction imposed by passing an order of externment must stand the test of reasonableness.7. section 56 of the 1951 act reads thus: 56. removal of persons about to commit offence- (1) whenever it shall appear in greater bombay and other areas for which a ..... a law enabling theimposition of reasonable restrictions on the exercise of the right conferred by clause (d). an order of externment passed under provisions of section 56 of the 1951 act imposes a restraint on the person against whom the order is made from entering a particular area. thus, such orders infringe the fundamental right guaranteed ..... in brief, germane are as follows: the petitioner is a resident of bailhongal. the petitioner gets embroiled in 3 crimes, all for offences punishable under section 78(3) of the karnataka police act, 1963 ( act for short). the first of the crime was - 4 - nc:2023. khc-d:8524 wp no.104804 of 2023 registered in the year 2015 .....
Tag this Judgment!Court : Karnataka Dharwad
..... have passed an appointment order to a lower post, will not take away t he right of the petitioner to claim the higher post. therefore, in our considered opinion section 6(4) of the karnataka civil services (appointment on compassionate grounds) rules, 1996 is not applicable to the facts of the present case. therefore, we do not find ..... exercise of its jurisdiction under article 162 of the constitution of india would be subservient to the recruitment rules framed by the state either in terms of a legislative act or the proviso to article 309 of the constitution of india. it has been further held that, a purported policy decision issued by way of an executive instruction ..... no.2060/2006, by making reference to r.6(4), it was held as follows: "in our considered opinion, the above rule is not attracted to the f acts of this case at all. if the authorities had overlooked the qualification the applicant already possessed at the time of his appointment and also ignored the representation of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... direct the respondents no.3 to 6 to determine the amount of compensation in its entirety under the preliminary notification 28.09.2011 vide annexure-a as per section 24 of the 'act 2013'. these petitions coming on for preliminary hearing in b group this day, the court, made the following: :7. : order the petitioners grievance is ..... .2014 with the liberty to the parties in the said petitions to avail of the remedy provided under sections 18 and 28a of the old act. the division bench on examining the proviso to section 24(2) of the new act allowed the writ appeals by setting aside the learned single judge s order and by directing the respondents ..... deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said land acquisition act, shall be entitled to compensation in accordance with the provisions of this act. 7. the proviso to section 24(2) has full application for the facts of the case on hand. it is not in .....
Tag this Judgment!Court : Karnataka Dharwad
..... after the receipt of grant. (f) lastly, that the deputy commissioner did not notify in the gazette the orders as required by sub-section (1) and sub-section (3) of section 10 of the ulcar act. that the appellant has been in possession and enjoyment of the lands in question by cultivating paddy and essentially the lands are agricultural in character ..... duly gazetted are available in the records; (b) that possession of the land when not voluntarily surrendered though notice dated 26.02.1983 under sub- section (5) of section 10 of the ulcar act was issued, since possession was not handed over voluntarily, possession was taken under a mahazar of even date 26.02.1983. (c) that the lands ..... cannot be said that possession of the excess vacant land was in fact taken by the state government on 26.02.1983, without complying with sub sec.(6) of sec.10 of ulcar act. this is precisely the law laid down by the apex court in gajanan s case, supra.14. although the learned government advocate sought time to .....
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..... to see that the requirements for safety and welfare of the employees are fully and properly carried out besides carrying out various duties and obligations under the act. section 92 contemplates a joint liability of the occupier and the manager for any offence committed irrespective, of the fact as to who is directly responsible for the ..... the legal action without passing an order on the reply given by the petitioners, as such, petitioners are deprived of opportunity to prefer appeal under section 107 of the factories act.11. when the action is initiated without considering the explanation offered by the petitioners, the initiation of such proceedings is opposed to law. as ..... such an order to be passed, or otherwise the purpose of giving right to the occupier or the factory manager to prefer an appeal under section 107 of the factories act becomes redundant.9. what can be noticed in these two petitions is that, without resorting to this procedure, the senior assistant director of factories .....
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