Court : Karnataka
Reported in : ILR1985KAR481; [1986]61STC107(Kar)
..... for the exercise of revisional power. the power has to be exercised in conformity with the principles of natural justice. lastly, the power has to be exercised within the period specified in the act and not at all time. every one of these provisions and principles clearly control the power conferred on the ..... the commissioner to issue directions to all his subordinate officers including the deputy commissioner, for the purpose of ensuring efficient enforcement of the provisions of the act, as regards administrative matters, he cannot exercise control over quasi-judicial functions of the appellate authority by directing any appellate authority to decide any question ..... of revenue (exhibit a). in this petition under article 226 of the constitution, the petitioner has challenged the constitutional validity of section 22-a of the act and the show cause notice issued thereunder by the commissioner as one without jurisdiction. 5. on 27th january, 1981, the division bench, which initially heard .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR587
..... risk of legal action against the state or a public authority by any citizen will induce the state or such public authority to act with greater responsibility and care thereby improving the administration of justice.xxx xxx xxxthis broadening of the rule of locus standi has been largely responsible for the development of public law, because it ..... to be considered for permanent appointment. failure to consider his case primarily affects the right of the additional judge concerned and incidentally the public interest. therefore, when justice vohra did not desire to be considered for a permanent appointment (see paragraph 56 of the judgment), no public interest petitioner could seek a direction to the ..... licenses for bottling arrack granted to respondents 3 to 10 pursuant to the impugned order dated 29-9-1984 shall be rendered ineffective with effect from 31st march, 1986.ii. in w.p. nos. 17011 of 1984 and 18 and 6316 of 1985 :in view of the order made in writ petitions numbers 19851 and 19208 .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR2183; (1987)ILLJ182Kant
..... out directions given to it by a superior tribunal in the exercise of its appellate powers, the result will be chaos in the administration of justice and we have indeed found it very difficult to appreciate the process of reasoning by which the learned judicial commissioner while roundly condemning the respondent ..... between the parties. the petitioners have questioned the validity of the minimum wages notifications notified by the state government in the karnataka gazette dated 20th march, 1986 fixing certain rates of minimum wages to the workmen employed in the film industry, hotel industry, printing industry, tailoring, plywood and other industries. these ..... by the petitioners. therefore, any interference on grounds which are not really substantial would be repugnant to the entire object of the purpose of the act and opposed to well settled principles of exercising the extraordinary jurisdiction under article 226 of the constitution. as observed by the supreme court in ministry of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR3954; (1987)IILLJ113Kant
..... or vice-chairman or member possessing the qualification specified in sub-section (3) of section 6 should be made only after consultation with the chief justice of india. section 8 of the act fixes the tenure of office of chairman, vice-chairman as five years or 65 years of age whichever is earlier and of the member as ..... motiram deka's case, supra and also t. c. srinivasa murthy v. union of india (1982-i-llj-268) and, central inland water transport corporation limited v. brojonath (1986-ii-llj-170). (2)(a) a complaint that a selection and appointment made was in violation of the order providing for reservation of posts in favour of backward classes, whether ..... constitution and the answer to the question would apply equally in respect of the jurisdiction of the karnataka administrative tribunal, when the matter came up on 20th october, 1986, sri santhosh hegde, the learned advocate general, was directed to appear in the case and to place his views on the question and the matter was adjourned to .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR2784
..... certain principles and is not justified in exercising its injunctive power contrary to established rules, it is not obliged to shut its eyes to the demands of justice because under the particular circumstances presented no general rules authorising the issuance of the writ may be found, where there are none forbidding it.equitable jurisdiction ..... specific source thereof. mr. sundaraswamy relied in this connection on the decision of the supreme court in l.i.c. of india v. escorts ltd : 1986(8)ecc189 . to show that in many ways a company was like the state functioning under its basic constitution and that the members of the company who ..... statutory or non-statutory, and a fundamental distinction exists between the powers and liabilities of the two classes. statutory corporations have such rights and can do such acts as are authorised directly or indirectly by the statutes creating them; non-statutory corporations, speaking generally, can do everything that an ordinary individual can do unless .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR1081; 1989(1)KarLJ409
..... making nominations has no right of franchise in the election. the election in question was challenged in the election petition under the relevant provisions of the act. justice hegde speaking for the court rejected the preliminary objection as to the maintainability of the election petition. the constitution bench of the supreme court in hari ..... earlier decisions in k. kamaraja v. kunju thevar : [1959]1scr583 , in udhav singh v. madhav rao scindia : [1976]2scr246 , bhagwati prasad v. rajiv gandhi : [1986]2scr823 and in union of india v. surjit singh atwal : [1979]2scr1002 . after considering all these cases, the supreme court in para 13 of its judgment observed thus:' ..... reason for taking the same view in regard to matters pertaining to elections.'the above view was reiterated by this court in bhagwati prasad v. rajiv gandhi : [1986]2scr823 (supra) and dhartipakar madan lal agarwal v. rajiv gandhi, : [1987]3scr369 (supra). if an election petition does not disclose cause of action, it can .....
Tag this Judgment!Court : Karnataka
Reported in : 1990CriLJ1159; ILR1989KAR3572; 1990(1)KarLJ201
..... confers rule making power on the supreme court and in high court. section 24 is the repealing section. 77. the object of the act is to uphold, preserve and protect respect to the seat of justice. the act defines as to what is contempt and lays down as to what is not contempt. it defines the jurisdiction of courts to punish for ..... the conclusion that the apex court has taken the view that s. 20 is applicable to cases of contempts of the high courts also. 85. in purshottam das goyal v. justice b. s. dhillon : 1978crilj772 , the proceedings had been initiated for contempt of high court. the high court had issued show cause notice to the contemner (the appellant). the appellant ..... on 12-3-1985 and prayed to dismiss the contempt proceedings for the reasons stated in the affidavit. accused no. 2 filed his affidavit sworn to on 26-7-1986 stating that he was innocent; and that the allegations made against him were not correct and asking the court to excuse him if he had committed any offence due to .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR1456
..... of trust. it has to be remembered that public authorities are expected to function in accordance with the rule of law and not to act in erosion of schematic purpose of the legislation.administrative justice does not recognise public interest immunity in authorities created by the statute in the performance of statutory duties. public interest is inherent in ..... 53 to 55 and 130 of kempapura agrahara and requested for transfer of the said land to it whereupon the b.d.a. sold the property on 2-6-1986 to respondent-4 for a consideration of rs. 31,25,000/-. the object of the purchase was to have houses for its members at one place for their ..... bulk allotment of land in an undeveloped state clearly amounts to the violation of the scheme and abdication of its duty by the bangalore development authority . under the act it is the power and duty of the bangalore development authority itself to execute a development scheme with improvement if any, considered necessary, and then to invite applications .....
Tag this Judgment!Court : Karnataka
Reported in : 1991CriLJ1298; ILR1990KAR3846
..... material collected during the course of investigation, the nature and seriousness of the offences committed by the petitioners, there is every possibility of the petitioners fleeing from justice, repeating the offences and tampering with the prosecution evidence. 55. the apprehensions of the respondent-state have a basis and foundation. they cannot be dismissed as ..... going underground or otherwise placing himself beyond the reach of the sureties. he may abuse the liberty granted to him by indulging in similar or other unlawful acts. where bail has been granted under the proviso to s. 167(2) for the default of the prosecution in not completing the investigation in sixty days ..... orissa, : air1975sc1465 , explaining the mandatory and imperative character of the requirement of the proviso to s. 167(2), as it stood before its substitution by act no. 45 of 1978, that an accused person is entitled to be released on bail if the investigation is not completed within 60 days, the supreme court observed .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR3320
..... special types) general order, 1955, or whether it made the defendants guilty of a contravention of regulation 66 of the construction and use regulations. the justices came to the conclusion that the latter was the correct view and, accordingly, convicted the defendants of a breach of regulation 66.the point is of very ..... the rules are not framed, that does not mean the power becomes unavailable. in suooort of this submission reliance is placed on surinder singh v. central government : [1986]3scr946 . similarly, in t. cajee v. jormanic siem : (1961)illj652sc it has been held that once the power is substantially conferred under a section, that ..... entitled to appoint officers and servants as it considered necessary, for the efficient performance of its functions. under section 34(1) of the road transport corporations act, 1950 the state government had been empowered inter alia to issue directions to the road transport corporation regarding recruitment, conditions of service and training of its .....
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