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Bangalore Metropolitan Transport Corporation Vs. K.R. Mahalingaiah and ...

Court : Karnataka

Reported in : 2003(3)KarLJ445; (2003)IILLJ766Kant

..... aggrieved by the said order the respondent filed an application under section 10(4-a) of the industrial disputes act (karnataka amendment) act, 1988 before the iii additional labour court, bangalore, contending that one ..... will be that the management had lost confidence that the workman would truthfully and faithfully carry on his duties and consequently the labour court rightly declined to exercise the power under section 11-a of the industrial disputes act to grant relief with minor penalty'.16. ..... this court in karnataka state road transport corporation's case, supra, has held that in such cases where the bus conductors carry passengers without ticket or issue tickets at a rate than the proper rate, the said acts would inter alia amount to either being a case of dishonesty or of gross negligence and such conductors were not fit to be retained in service because such inaction or action on the part of the conductors results in financial ..... of burden of proof it is also useful to refer to section 106 of the indian evidence act which reads as under. ..... relied on by the labour court, the aspect of the burden lies on the conductor under section 106 of the indian evidence act was not considered'.14. ..... for consideration is once the misconduct alleged is proved whether the punishment of dismissal inflicted by the disciplinary authority is proportionate to the charge proved and whether a case for exercise of discretionary power under section 11-a of the industrial disputes act is made out. .....

S. Vasudeva and Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1989KAR39

..... 18-4-1987 granting exemption from the purview of the urban land (ceiling and regulation) act, under section 20(1)(a) and (b) of the urban land ceiling act, issued by the under secretary, housing and urban development department, government of karnataka, bangalore;d) directing the 9th respondent to initiate proceedings against the 5th respondent and 4th respondent under chapter xxc of the income tax act which came into force on 1-10-1987 in relation to the sale deed executed by the 4th ..... the period subsequent to publication of the notification under sub-section (1) of section 10 of the act till the date specified in the final notification published under sub-section (3) of section 10 of the act is covered by sub-section (4) of section 10 of the act which prohibits transfer of way of sale, mortgage, gift, lease or otherwise any excess vacant land specified in the notification during the period commencing on the date of publication of the notification under sub-section (1) of section 10 and ending with the date specified in the declaration made under sub ..... since my father is a permanent resident of madras and he was keeping indifferent health and could not be all the time present in bangalore in following-up the papers and since sri tallam nanjunda shetty offered to attend the office of the competent authority in the absence of my father to ascertain the progress .....

K.K. Ponnappan Vs. Sibi C.J.

Court : Kerala

Reported in : [1999]98CompCas609(Ker); 1998CriLJ2402

..... . counsel for the respondent submitted that even if the cheque is issued from the residence of the petitioner in alakode village, the respondent has got cause of action to institute the proceedings under section 138 of the negotiable instruments act at the judicial first class magistrate's court, vaikom, since he had presented the cheque for encashment before the kuruppanthara branch of the state bank of travancore, within the jurisdiction of the judicial first class ..... . state of karnataka [1992] 73 comp cas 431 ; (1992) 1 klt 393 wherein, after detailed consideration of section 138 of the negotiable instruments act and the provisions of sections 178 and 179 of the criminal procedure code, the court observed as follows (page 434) :'therefore, in view of the provisions of sections 178(b) and 179 of the criminal procedure code the complaint can be filed in a court within the jurisdiction of which the cheque has been issued or the place where ..... . i am in respectful agreement with the view expressed by the single judge of this court as well as the karnataka, madras and punjab and haryana high courts to the effect that the court within whose jurisdiction the cheque is dishonoured has got jurisdiction to entertain a complaint filed under section 138 of the negotiable instruments act.9 .....

Commissioner of Income-tax, Gujarat-i Vs. Kartikey V. Sarabhai

Court : Gujarat

Reported in : (1981)24CTR(Guj)184; [1981]131ITR42(Guj)

..... on the facts and in the affirmative andin the circumstances of the in favour of thecase, the tribunal was right revenue.in law in holding that therewas a transfer within themeaning of section 2(47) ofthe income-tax act, 1961, ofthe shares contributed bythe assessee as capital tothe partnership firm in whichhe was a partner ?it is clarified thatthe factual position asto whether or not infact capital gains hadarisen or ..... no capital gains capital gains arisingresulted from the transfer of or accruing from thethe shares held by him to the transaction are exigiblepartnership firm as his to tax undercapital contribution, the section 45 of thecost of acquisition of the income-tax act of 1961.shares to the assessee beingrs.1,49,819 and the marketvalue of the shares beingrs.1,60,279 ?2. ..... any profits or gains arising from the transfer of a capital asset effected in the previous year shall, save as otherwise provided in sections 53, 54, 54b, 54d and 54e be chargeable to income-tax under the head 'capital gains', and shall be deemed to be the income of the previous ..... in fact, a full bench of the kerala high court and a division bench of the karnataka high court have taken the view that such a transaction falls within the four corners of the ..... 45 pertaining to capital gains tax, the repeal being effected not by parliament but by the resourceful ..... expression is not used in any derogatory or condemnatory sense) which can easily be resorted to in order to defeat and thereby virtually repeal s. .....

State of Karnataka Vs. Mohammed Kunhi

Court : Karnataka

Reported in : ILR1991KAR1500

..... the writ petition be considered by the 2nd respondent in the light of this judgment and on the basis that the land in question is redeemed sagu and subject to the provisions of the karnataka preservation of trees act and other laws governing cutting and removing the trees.no costs. ..... it is because of the fact that during the pendency of the appeal on the basis of the contentions urged by the appellant that article 24 of the limitation act applies to the case and not article 22 the point was referred to a full bench and the full bench has answered it by holding that neither article 22 nor article ..... when the decision of this court in thimmanna bhat's case1 was in favour of the plaintiffs, until the defendant intimated its intention not to act in accordance with the decision of this court in thimmanna bhat's case there was no reason for the plaintiffs to rush to the court, before issuing any ..... it was held that the suits in question were not barred by section 145 (vi) and (viii) of the coorg regulation as the suits did not question the right of the government to levy seignior age nor the liability of the ..... district subject to the payment of tree value at revised seignior age rates and allow the conditions mentioned by the district officer, north coorg in letter dated 17-7-1962.order:permission is accorded to sri y. ..... : [1962]1scr67 it has been further reiterated that there could be no right to sue until there is an accrual of the right asserted in the suit and its infringement or at least .....

Akberali Sons Estate Vs. the Pen Shop

Court : Karnataka

Reported in : ILR1995KAR1400; 1995(6)KarLJ206

..... appearing for one of the tenants has submitted that the sanction of the plan has lapsed in view of section 306 of the karnataka municipal corporation act; and, since the same has not been renewed, according to him. ..... filed by the landlord against a common order passed in three eviction proceedings brought by them against three tenants occupying different portions of the petition premises (also hereinafter called 'the building'), under section 21(1)(h) of the karnataka rent control act, 1961 ('the act', for short). ..... in my opinion, the court below has erred in holding that keeping in view the provisions of section 15 of the indian partnership act, the co-owners (partners) are not entitled for seeking eviction on the ground of their personal ..... available and the number of members in their families.the court below was also of the opinion that since the building is now the property of the partnership firm, keeping in view the provisions of section 15 of the indian partnership act, 1922, the plea of necessity of the partners or their family members is not of much avail.10. ..... dealing with the plea of the tenants based on section 15 of the indian partnership act, 1932, i may first notice the statutory provisions ..... and the attendant law, it has to be held that the necessity of the landlords of demolishing the present building for reconstruction befitting their personal need of self-occupation, will fall under clause (h) of section 21(1) of the act entitling them to seek eviction as prayed for. .....

Dr. (Miss) Chandrawati Vs. Commissioner of Income Tax

Court : Allahabad

Reported in : (2007)211CTR(All)20; [2008]301ITR172(All)

..... the tribunal took note of the decision of the hon'ble karnataka high court in this regard and negatived the contention of the assessee. ..... the tribunal, allahabad has referred the following questions of law under section 256(1) of the it act, 1961 (hereinafter referred to as 'the act') for opinion to this court:1. ..... 0044/1991 : [1991]187itr688(sc) , he submitted that the applicant was perfectly justified in raising the plea that the nursing home was to be treated as a plant for the purpose of depreciation before the tribunal as the karnataka high court in the case of ctt v. dr. b. ..... the claim for depreciation, as is applicable to plant in respect of the nursing home building, was, for the first time, made before the tribunal as by that time the decision of the karnataka high court in the case of dr. b. ..... if the aac is satisfied, he would be acting within his jurisdiction in considering the question so raised in all its aspects. ..... the learned counsel submitted that the applicant was running a nursing home and, therefore, it has to be treated as a plant for the purpose of depreciation under the act. .....

K.R. Visalakshi and ors. Vs. Pookodan Hamza and ors.

Court : Kerala

Reported in : I(1989)ACC30; AIR1989Ker192

..... he submitted further that the insurer being confined to the defences under section 96(2) of the motor vehicles act, cannot obviously file an appeal under section 110d of the motor vehicles act to urge contentions other than those available under the former provision. ..... if the insurer is confined only to the grounds available under section 96(2) of the motor vehicles act, and if the insured, not having been made liable to pay any amount cannot file an appeal, there may not be many appeals under section 110d of the motor vehicles act in most cases on the quantum of compensation at all. ..... ramanathan, 1982 acc cj 251, a division bench of the karnataka high court held that the owner of the vehicle against whom an award was passed was as much an aggrieved person for the reason that there could not be any liability for the insurer unless ..... it was further held that an insurer, being confined to the defences under section 96(2)(b) only could not file an appeal against the quantum of compensation. ..... we prefer the earlier view expressed by a division bench of the calcutta high court in motor owners' insurance company's case, 1975 acc cj 295 : (air 1975 cal 218) and of the karnataka high court in vellayya gownder v. ..... the karnataka high court referred to krantilal's case (air 1979 cal 152) and differed from that view for the following reasons :'it is a well settled principle of law that insurance is an indemnity contract and unless the owner is .....

Sri Krishnapuri Boring Road Vyapuri Sangh Through Its President and an ...

Court : Patna

..... the petitioners contended that the plan has not been approved, but that does not make any difference to the operation of section 23 of the act, since it is not disputed that the draft plan has been published and is presently under consideration of the state authorities section 23 of the act is in the nature of a restriction not only on the right of the owner, but also on the power of the authority to sanction a plan ..... the court held, relying upon section 21 of the general clauses act, which is in pari materia with section 10 of the karnataka general clauses act, that the power should have been exercised in the like manner and subject to the like sanction and conditions if any-to add to amend, vary or rescind and notification, orders ..... not right to maintain this writ petition, because if action was taken under sub-section (1) of section 54 of the act after complying with all the requirements of the section, it would have made no difference whether the premises were tenanted premises x self ..... regional plan, master plan or zonal development plan or without the permission, approval or sanction referred to in sections 35, 36, 37 or in contravention of any conditions subject to which such permission, approval or sanction has been granted any officer of the authority empowered by it in this behalf may, in addition to prosecution that may be instituted under this act, make an order briefly stating the reasons therefore directing that such erection or development work shall be removed by .....

S. Parameshwarappa S/O Late Sannasiddegowda and P. Ratna W/O S. Parame ...

Court : Karnataka

Reported in : III(2007)BC752; [2007]135CompCas123(Kar); 2007CriLJ586; 2007(2)KarLJ19

..... bratindranath baneerjee air 2001 sc 3897 relied upon by the learned counsel, the apex court has held that the presumption has to be raised as per section 139 of the negotiable instruments act that the cheque was drawn for discharge of liability of the drawer and that mere plausible explanation is not sufficient by the accused and the proof of explanation ..... , it is to be presumed that they have acknowledged to pay the debt much less a time barred debt as per section 25 of the contract act, when such an agreement or terms are there despite the amount said to be time barred, then the debt becomes enforceable ..... dcr 203, it is held that dis-honour of a cheque issued by a money lender is not a bar for him to proceed to recover the amount and to file a complaint under section 138 of the negotiable instruments act and also to contend that it is not sufficient to attract the provisions contained in karnataka money lenders act.22. ..... in the above cited decision the supreme court has observed that as per section 118 & 139 of the negotiable instruments act, the court has to presume that the cheque had been issued for discharging a debt or liability and the said presumption could be rebutted by the accused by proving to the contrary and mere ..... 2004 (1) dcr 91 to contend that as per section 2(7) of the money lenders act money lender is only those persons whose regular business is to advance monies and not those who advances money casually and also to contend that in the absence of any evidence to .....