Judgment Search Results Home > Cases Phrase: karnataka health cess act 1962 section 8 repeal Page 1 of about 42,875 results (0.459 seconds)

Bangalore Development Authority Vs. Air Craft Employees Coop.Society L ...

Court : Supreme Court of India

..... anything contained in any law for the time being force the authority shall be deemed to be a local authority for the purpose of levy and collection of,- (i) education cess under sections 16.17 and 17a of the karnataka compulsory primary education act, 1961 (karnataka act 9 of 1961); (ii) health cess under sections 3,4 and 4a of the karnataka health cess act, 1962 (karnataka act 28 of 1962); (iii) library cess under section 30 of the karnataka public libraries act, 1965 (karnataka act 10 of 1965); and (iv) beggary cess under section 31 of the karnataka prohibition of beggary act, 1975 (karnataka act 27 of 1975). 32. ..... government or by a body established by the central government or the state government ; (iv) a centre for educational, religious, social or cultural activities or for philanthropic service run by a cooperative society registered under the karnataka co-operative societies act, 1959 (karnataka act 11 of 1959) or a society registered under the karnataka societies registration act, 1960 (karnataka act 17 of 1960) or by a trust created wholly for charitable, educational or religious purposes ; (v) a police station, an area office or a service station of the corporation or the bangalore water supply and sewerage ..... upon consideration of the reply, if any, received from the authority and after such inquiry as it thinks fit, government may pass orders cancelling the resolution or order or repealing the regulation or bye- law and communicate the same to the authority. .....

Pushpanjali Touring Talkies Vs. Entertainment Tax Officer

Court : Karnataka

Reported in : ILR1996KAR1967; 1997(42)KarLJ11

..... as first ground is concerned, i may notice herein the relevant provisions of the karnataka health cess act, 1962. ..... recovery of health cess:- the health cess payable under section 3 shall be levied, assessed and recovered along with the items of land revenue, state revenue or tax on which such cess is levied, and the provisions of the law and the rules, orders and notifications made or issued thereunder for the time being in force, shall apply to the levy, assessment and recovery of the health cess as they apply in respect of levy, assessment and recovery of the said items of land ..... section 4 of the health cess act does not permit the entertainment tax officer to levy penalty in respect of health cess ..... the validity of the order dated 4.11.1995 (annexure-a) which has been passed under section 6-a(3) read with section 6-a(4) of the karnataka entertainment tax act, 1958. ..... tax assessed and the tax paid under sub-section (1-a) if it is satisfied that the correct amount of tax payable under sub-section (1-a) was not paid by the proprietor either due to wilful misstatement or suppression ..... as the second objection is concerned, it is based on the language employed under section 6-a(4) of the entertainment tax act which reads as under:-'in making an assessment under sub-section. ..... cinematograph shows leviable by the state under section 4 of the mysore entertainments tax act, 1958. ..... this amount which could have formed the basis for levying penalty under section 6-a(4) of the entertainment tax act. .....

B. Krishna Bhat Vs. State of Karnataka and anr.

Court : Supreme Court of India

Reported in : AIR2001SC1885; JT2001(4)SC497; 2001(3)SCALE175; (2001)4SCC227

..... the acts mentioned in that section, namely, the karnataka compulsory primary education act, 1961; karnataka health cess act, 1962; karnataka public libraries act, 1965; and the karnataka prohibition of beggary act, ..... with some other petitioners had filed writ petition nos.4394-4410/88 before the high court of karnataka at bangalore contending inter alia, that the bangalore development authority (the bda) had no sanction under section 29 of the bangalore development authority act, (for short 'the bda act') to levy any tax, cess or fee on the owners of lands and buildings situated outside the corporation limits of the bangalore ..... under section 28c, the bda was given the status of a local body to collect the cess payable under the various acts specified in the said section and section 7 of the amending act validated all the collection made by the bda which was declared as without authority of law by ..... the validity of section 28c has to be upheld and consequently all the cesses collected by the bda under the acts referred to under section 28c have to ..... relevant part of section 7 of the amending act reads thus:'notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority to the contrary, levy, assessment or collection of any tax on land or building or on both and levy and collection of cesses on such tax on land or building made or purporting to have been made and any action or thing taken or done (including any notice or orders issued or .....

Sri V.T. Jayavelu S/O V.M. Thirugnana Chetty Vs. Sri Nisar Ahmed S/O L ...

Court : Karnataka

Reported in : 2008(4)KCCR2312; 2008(5)AIRKarR378; AIR2008NOC2824

..... earlier decisions has held that:the small causes court can take cognizance only of such suits which are filed seeking ejectment of tenants of the premises to which karnataka rent act and not in respect of the tenants/persons who occupy other premises to which the act does not apply and whose tenancy has been determined or has come to an end either by efflux of time or by withdrawal of the same.the division bench ..... further submitted that, even after the termination of the tenancy, defendant continues to be a tenant and as such, section 8 of the karnataka small causes courts act, 1964 read with schedule provides exclusive jurisdiction to seek ejectment of tenants and no other court has got the jurisdiction ..... (supra) and this court on interpretation of the provisions of section 8 sub-sections (1), (2) and section 9 of the karnataka small cause courts act read with schedule has held that, an exception is carved out in clause (4) of the ..... mahadev umarane and submitted that, this court interpreting section 9 of the karnataka small cause courts act has held that, no amount of acquiescence, waiver, consent, ignorance of law, bonafides, good faith or any other consideration can confer jurisdiction on ..... before the additional small causes judge under section 21(1)(h), (j) and (p) of the karnataka rent control act (hereinafter referred to as 'the act') for eviction of the defendant. ..... pendency of the appeal, the karnataka rent control act is repealed and the karnataka rent act has come into force. .....

D. Pavanesh Vs. the State of Karnataka Represented by Its Chief Secret ...

Court : Karnataka

Reported in : AIR2006Kant97; ILR2006KAR861; 2006(2)KarLJ396

..... be registered without obtaining approved layout plan and a release certificate from the competent local planning authority.those properties/sites formed on revenue land without requisite permission under section 79/a and b read with section 109 of karnataka land reforms act.the proviso to the said notification exempts the application of this notification to properties under ashraya scheme, peoples housing scheme, hudco, those transferred by zilla panchayath, ..... sale, gift, exchange, mortgage, agreement to sell, or assignment of a site on revenue land described as a gramathana site or other site/flats/industrial site/ commercial site without requisite permission under section 79/a and b, read with section 109 of karnataka land reforms act.provided, this notification will not apply to documents relating to sale, gift, exchange, mortgage, agreement to sell or assignment of a site on revenue land to registration of sites under ashraya scheme; peoples ..... has declared that the jurisdiction of the deputy commissioner to convert lands for non-agricultural purposes under section 95 of the karnataka land revenue act will get ousted in respect of lands falling within the area of the outline development plan or the ..... it is declared that the jurisdiction of the deputy commissioner to convert lands for non-agricultural purposes under section 95 of the karnataka land revenue act, will get ousted in respect of lands falling within the area of outline development plan or the comprehensive .....

Ramachandran Vs. Khaleeq Ahmed

Court : Karnataka

Reported in : ILR1988KAR265

..... 4529/1983 for executing the order passed under section 29(4) of the karnataka rent control act, which has become final.4. ..... case under section 29 of the karnataka rent control act on the ground that the defendant had not paid the rental arrears and had not been paying rent. ..... the court of small causes has been defined in section 2(b) of the karnataka small causes courts act, 1964, as:'2. ..... it is also quite obvious and apparent on persual of the provisions of the karnataka small causes courts act, 1964 and the civil procedure code and the civil courts act that the court of small causes is a civil court. ..... case in h.r.c.5036/1980 against the present plaintiff in the court of the small causes, bangalore city, for eviction under section 21(1)(a) of the karnataka rent control act. ..... (b) 'court of small causes' means a court of small causes constituted or deemed to have been constituted under this act and includes any person exercising jurisdiction under this act in any such court,'it is not disputed that the court of small causes in bangalore city is the one constituted under the karnataka small causes courts act, 1964 read with the city civil courts act. ..... therefore, section 26 would not be of much help to the learned counsel sri rama rao.section 27 of the small causes courts act reads as:'27. ..... it is also not disputed before me that the court of small causes is a civil court, though with limited jurisdiction, within the meaning of the karnataka small causes courts act, 1964.10. .....

Khandelwal Brothers Co. Ltd. Vs. G.S. Nisar Ahmed

Court : Karnataka

Reported in : ILR2004KAR2864; 2004(5)KarLJ120

..... tenant;(ii) any person continuing in possession after the termination of his tenancy, but does not include any person to whom a licence as defined in section 52 of the indian easements act, 1882 (central act 5 of 1882) has been granted.the provisions of sub-section (1) of section 2 declare that the provisions of chapter i to iii and chapters v to viii of the act shall apply to the areas mentioned in the first schedule. ..... act, the lessor has to file a suit for possession and such a suit for possession is not covered by article 4 of schedule-i r/w section 8 of the karnataka small cause courts act ..... act the tenant would continue to be a statutory tenant within the definition of the rent control act 1961 notwithstanding the fact that eviction of such tenant need not be governed by section 21 of the act but for the purpose of his legal status he would be ..... the small cause court to deal with the immovable property only for relief of ejectment under article 4 is the only exceptional situation, perhaps made with a view to favour a section of landlords whose, rental value of the premises is marginal. ..... kar 665 to contend that after the termination of the tenancy, the occupation of the tenant does not be that of a trespasser and would be a statutory tenant within the definition of a tenant under karnataka rent control act of 1961. ..... rent act, 1999 are made applicable to the pending cases and with effect from the date of rent act of 1999 coming into force, the rent control act of 1961 is repealed. .....

Dena Bank Vs. Bhikhabhai Prabhudas Parekh and Co. and ors.

Court : Supreme Court of India

Reported in : AIR2000SC3654; [2001]107CompCas157(SC); 2000(4)CTC170; (2001)166CTR(SC)86; [2001]247ITR165(SC); JT2000(5)SC307; 2000(4)SCALE125; (2000)5SCC694; [2000]120STC610(SC)

..... the submission so made by the learned counsel omits to take into consideration the impact of section 158(1) of the karnataka land revenue act which specifically provides that the claim of the state government to any moneys recoverable under the provisions of chapter xvi shall have precedence over any other debt, demand or claim whatsoever including in respect of mortgage. ..... a perusal of the relevant statutory provisions quoted in the judgment goes to show that any provision pari materia with the one contained in section 158 of karnataka land revenue act was not to be found in any of the local acts under consideration of this court in collector of aurangabad v. ..... a provision similar to the one included in section 18 of the bombay sales tax act has been incorporated in the karnataka sales tax act as referred to hereinabove and that is why the partners of the borrower firm in the case before us cannot take shelter behind the law laid down by this court in radha krishan and ors. ..... the learned counsel for the appellant submitted that sub-section (2-a) of section 15 of karnataka sales tax act could not be given a retrospective operation. ..... there is, therefore no question or sub-section 12- a) of section 15 of the karnataka sales tax act being given a retrospective operation. ..... it is a misnomer to say that sub-section (2a) of section 15 of the karnataka sales tax act is being given retrospective operation. .....

Uti Bank Ltd. Vs. the Dy. Commissioner of Central Excise, Chennai Ii D ...

Court : Chennai

Reported in : 2007(115)ECC323; 2007LC323(Madras); [2007(2)JCR13(Mad)]; 2007[6]STR82; AIR2007Mad118(FB); 2007(1)LW50

..... the high court has however proceeded to rely on certain provisions contained in chapter xiv of karnataka land revenue act, 1964 as also the provisions contained in sections 13 and 15 of karnataka sales tax act, 1957 for holding that the arrears of sales tax would be entitled to a preference even ..... of tax, penalty, interest and any other sum, if any, payable by a dealer or any other person under this act, shall be the first charge on the property of the dealer, or such person.under this section, the amount of sales tax or any other sum due and payable by a dealer or any other person will have ..... or financial institution or any consortium or group of banks or financial institutions and includes-(i) debenture trustee appointed by any bank or financial institution; or[(ii) securitisation company or reconstruction company, whether acting as such or managing a trust set up by such securitisation company or reconstruction company for the securitisation or reconstruction, as the case may be; or](iii) any other trustee holding securities ..... section 142(c) of customs act, 1962 ..... act, 1962 (52 of 1962)], relating to the levy of and exemption from customs duties, drawback of duty, warehousing, offences and penalties, confiscation and procedure relating to offences and appeals shall, with such modifications and alterations as it may consider necessary or desirable to adapt them to the circumstances, be applicable in regard to like matters in respect of the duties imposed by section 3.the customs act, .....

Sukumar Mukherjee ors. Vs. State of West Bengal and Another

Court : Supreme Court of India

Reported in : AIR1993SC2335; JT1993(4)SC308; 1993LabIC2035; (1994)ILLJ94SC; 1993(3)SCALE260; (1993)3SCC723; [1993]Supp1SCR339

..... section (8) of section 48 of the karnataka land reforms act, 1962 which prohibited legal practitioners from appearing in the proceedings before the tribunals was held to he unconstitutional being repugnant to section 30 of the advocates act, 1961, and to section 14 of the india bar council act ..... non-practicing post and since further the facility to practise was not a right but only a privilege which could be withdrawn by the government any time, the provisions of section 6(2) read also in the light of the other provisions of the act, have to be construed to mean that those who do not exercise any option or opt for practice, are to be accommodated as far as possible in the posts which ..... 1958 rules which created the unified cadre both of the teaching and the non-teaching doctors and under which the promotion form one to the other was possible since the act has bifurcated the services, it is difficult to envisage as to what posts could have been created in the new wbhs equivalent to the teaching posts such as basic teacher ..... pendency of the present proceedings, the state government on 3rd march, 1993 constituted the new wbhs under section 3 of the act, and also framed on the same date, the west bengal health service rules, 1993 (the 'rules') and the west bengal health service (pay and allowances, superannuation and pension) rules, 1993.it may be mentioned here that the special ..... for the same on 3rd march, 1993, the rules governing the former wbhs stood repealed and the new rules viz. .....