Court : Karnataka
Reported in : AIR1998Kant328; 1998(4)KarLJ353
..... of a cinema business with the right to use the licence obtained (to screen pictures) and held by the lessor can be said to be a letting-out of a building as defined under the karnataka rent control act?it is necessary for this purpose to look into the terms of agreement dated 14-7-1990.the preamble to the agreement states that the subject-matter of the agreement is hiring of a theatre with equipment for exhibition of pictures for the purpose of realising collections and profits ..... the lessee shall pay the salary and other allowances to the chief operator, who shall be appointed by the lessor; and the lessee shall also pay the electricity charges, water charges, entertainment taxes, health cess, indian news reel hire and such other taxes as also the expenses of the staff appointed by him to run the shows. ..... after expiry of the agreed lease period the appellant is continuing as a statutory tenant by virtue of the protection against eviction as provided under karnataka rent control act, 1961, so he is in lawful possession and running the theatre and entitled to seek renewal of licence and respon-dent-3-landlord has no right to object for renewal. ..... it is the case of the appellant that 3rd respondent who is the owner of the cinema theatre and equipment and which has been granted licence to run the cinema theatre under karnataka cinemas (regulation) act, 1964 (hereinafter called the 'act') has leased the theatre with equipment subject to terms and conditions contained in the agreement. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR877; 1991(4)KarLJ225
..... testamentary disposition any property which is capable of being so disposed of by him in accordance with the provisions of the indian succession act or any of the law for the time being in force and applicable to hindus; that explanation to section 30 enabled a male hindu to will away his interest in mithekshara coparcenary property notwithstanding the fact that there was ..... dadu could not transfer the tenancy right during his life time, hence, the bar contained under section 57 and schedule iii of the indian succession act did affect the right of dadu to bequeath the tenancy right; that section 30 of the hindu succession act did not in any way confer a right which a hindu did not possess to transfer the property; that section 30 conferred a right upon a hindu to dispose of by will or other ..... whereas in a later decision in timmakka's case another division bench went into the matter and took into consideration the second proviso to section 21 and section 24 of the karnataka land reforms act, which as already pointed out are in pari materia with section 27 (2) and section 40 of the b.t. ..... act together and keeping in view the object of the act as stated in the preamble of the act, it leaves no doubt that the tenancy right other than the right of a permanent tenant on the death of tenant should devolve only as per the second proviso to section 27. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC1007; (1975)1SCC492; [1975]3SCR607; [1975]35STC537(SC)
..... filed writ petitions in the high court of karnataka challenging the validity of the levy and collection of excise duty, education cess, health cess and sales tax. ..... duty can be levied on a licensee in respect of the quantity of arrack purchased by him from government depots, that the power to fix the rate of excise duty conferred under section 22 of the mysore excise act of 1965 on the government was bad for the reason that it was an abdication by the state legislature of its essential legislative function and that no sales tax could be levied on the price for sale of arrack ..... the privy council held that queensland legislature was entitled to use any agent or machinery that it considered appropriate for carrying out the object and the purposes of the acts and to use the commissioner for transport as its instrument to fix and recover the licence and permit fees, provided it preserved its own capacity intact and retained perfect control over him ..... the last contention raised by the appellant was that section 19 of the karnataka sales tax act, 1957 is invalid as it purports to levy sales tax upon the sale of arrack ..... the high court after referring to the preamble of the act said that it was the policy of the act both to raise revenue and to discourage consumption of liquor by making the price of liquor sufficiently high, and that that would serve as a guidance to fix the rates of excise duty, that the ..... are not certain whether the preamble of the act gives any guidance for fixing .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1975)4CTR(SC)71
..... the appellant and other excise contractors filed writ petitions in the high court of karnataka challenging the validity of the levy and collection of excise duty, educations cess, health cess and sales tax. ..... the privy council held that queensland legislature was entitled to use any agent or machinery that it considered appropriate for carrying out the object and the purposes of the acts and to use the commissioner for transport as its instrument to fix an recover the licence and permit fees, provided it preserved its own capacity intact and retained perfect control over him : that as it could at ..... the high court after referring to the preamble of the act said that it was the policy of the act both to raise revenue and to discourage consumption of liquor by making the price of liquor sufficiently high, and that would serve as a guidance to fix the rates of excise duty, that the rates fixed will be such as ..... we are not certain whether the preamble of the act gives any guidance for fixing the rate of excise ..... lord morris of borth-y-gest said :'what they (the legislature) created by the passing of the transport acts could not reasonably be described as a new legislative power or separate legislative body armed with general legislative body armed with general legislative authority (see r. ..... the question there was whether the queensland legislature had legislative authority under the impugned acts to invest the commissioner for transport with power to impose and levy licence and permit .....
Tag this Judgment!Court : Supreme Court of India
..... the representations filed by the writ petitioner indicate that he claimed notional service, in spite of the same, the high court, by misconstruing the statute contrary to its objectives, as mentioned in the preamble liberally construed, going beyond the scope of the statute and granted all consequential benefits, by 11 slp(c) no.8088/2020 declaring that the effective date for promotion was to be 01.01.2009 instead of ..... of the learned counsel relying on the definition under section 2(2) of karnataka state universities act, 2000, also does not render any assistance to support his case. ..... as under: preamble: consequent upon the extension of ugc pay scales as revised from 01.01.2006 in respect of teachers, librarians and physical education personnel of universities and constituent colleges and issuance of letter no.1-32/2006-u ii/ui-i (i) dated 31.12.2008 of the government of the india, ministry of human resource development, department of higher education, new delhi and notification no.f-3- 1/2009 (ps) dated 23.09.2009 of the university grants commission new delhi and government of karnataka order no.ed37une2009 ..... a harmonious reading of clauses 12.6 and 12.7 of the statute read with the preamble thereof, makes it clear that the term college used in the said statute is referable to only constituent college but ..... further it is brought to the notice by the learned counsel that very preamble of the statute makes it clear that the candidate must have been on the rolls of the university .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR2959; 1994(4)KarLJ165
..... vest in the owners and they will be entitled to cut and remove the same without paying the value of the timber or obtaining the value of the timber or obtaining transport passes in accordance with the karnataka forest act,' now, in so far as the aforesaid decision takes the view that title in the trees that stood on the lands on the date on which the bane lands ceased to be bane lands and became ..... states that no withstanding anything contained in proviso to sub-section 1 but subject to any notification under section 201, anything done or action taken (including any appointment, or delegation made, land revenue, non-agricultural assessment, fee or cess, settled, fixed or imposed, notification, order, instrument or direction issued, rule or regulation made, certificate obtained or permission granted) under any enactment or law repealed by sub-section (1) shall be deemed to have been done or ..... its preamble stated that:- 'whereas it is expedient to consolidate and amend the law relating to land, the assessment and recovery of land revenue, the land revenue administration and other matters hereinafter appearing; be it enacted by the karnataka state legislature in the fourteenth year of the republic of india as follows:-' the enactments specified in the schedule to ..... its preamble recites that: 'whereas it is expedient to amend the declare the law in force in coorg with respect to the making and maintenance of records-of-rights in land, the assessment and collection of land revenue, and .....
Tag this Judgment!Court : Karnataka
..... . a premium institute which has been established to take care of the problems related to the heart and nurse diseased hearts to good health is, however, acting in a very unhealthy manner and is indicating its heart is not in the right place when it comes to treating its employees ..... . the institute which is governed by the governing council headed by the hon ble chief minister and co-chaired by the minister of health, is required to ensure that staff nurses (stipendiary) are treated fairly and are not exploited.71 ..... khc:40339 wp no.12683 of 2023 r c/w wp no.12691 of 2023 in the high court of karnataka at bengaluru dated this the25h day of september2024before the hon'ble mr justice n s sanjay gowda writ petition no.12683 of2023c/w writ petition no.12691 of2023(s-res) in w.p.no.12683/2023: between:1. ..... . the moa under which the institute was registered under the karnataka societies registration act, 1960 also reiterates the same ..... . the selection committee comprises the director, a nominee of the secretary to the government, health and family welfare department, a nominee of the director of medical education, medical superintendent of the institute.39 ..... . the institute is a society registered under the provisions of karnataka societies registration act, 1960 ..... . the preamble to the moa thus indicates that the institute was started at the instance of late sri ..... . the preamble to the memorandum of association ( moa ) of the institute shows that late sri .....
Tag this Judgment!Court : Karnataka
..... . a premium institute which has been established to take care of the problems related to the heart and nurse diseased hearts to good health is, however, acting in a very unhealthy manner and is indicating its heart is not in the right place when it comes to treating its employees ..... . the institute which is governed by the governing council headed by the hon ble chief minister and co-chaired by the minister of health, is required to ensure that staff nurses (stipendiary) are treated fairly and are not exploited.71 ..... khc:40339 wp no.12683 of 2023 r c/w wp no.12691 of 2023 in the high court of karnataka at bengaluru dated this the25h day of september2024before the hon'ble mr justice n s sanjay gowda writ petition no.12683 of2023c/w writ petition no.12691 of2023(s-res) in w.p.no.12683/2023: between:1. ..... . the moa under which the institute was registered under the karnataka societies registration act, 1960 also reiterates the same ..... . the selection committee comprises the director, a nominee of the secretary to the government, health and family welfare department, a nominee of the director of medical education, medical superintendent of the institute.39 ..... . the institute is a society registered under the provisions of karnataka societies registration act, 1960 ..... . the preamble to the moa thus indicates that the institute was started at the instance of late sri ..... . the preamble to the memorandum of association ( moa ) of the institute shows that late sri .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1999KAR1608; 1999(6)KarLJ261
..... vesting shall be payable to the state government and not to the land owner, landlord or any other person and any payment made in contravention of this clause shall not be valid; (c) all arrears of land revenue, cesses, water rate or other dues remaining lawfully due on the date of vesting in respect of such lands shall after such date continue to be recoverable from the landowner, landlord or other person by whom they were payable and ..... d'souza v syndicate bank, the court held, once occupancy rights are conferred on the tenant as a result of an enquiry under section 48-a of the karnataka land reforms act and once a certificate under section 55 is issued, the land ceases to be vested in the state government and the tenant becomes full owner thereof.34. ..... successor in title to take a loan and mortgage or create a charge on his interest in the land in favour of the state government, a financial institution, a co-operative land development bank, a co-operative society or a company as defined in section 3 of the companies act, 1956 in which not less than fifty-one percent of the paid up share capital is held by the state government or a corporation owned or controlled by the central government or the state government or both for development of land orimprovement ..... the preamble of the act states that ownership is to be given to the tenants unlike ..... the preamble to that act says that it is to provide for abolition of zamindari system and to acquire their rights and to regulate the land .....
Tag this Judgment!Court : Karnataka
..... be that as it may, on the punishment imposed by the order date 14.02.1990, the deceased petitioner was entitled to file a revision petition as contemplated under section 102 of the karnataka municipal corporation act. ..... the preamble to the findings would indicate that the deceased petitioner was provided assistance of a co-employee and sufficient opportunity was also provided. .....
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