Judgment Search Results Home > Cases Phrase: karnataka lifts act 1974 Page 1 of about 31,577 results (0.130 seconds)

State of Karnataka Vs. State of Andhra Pradesh and ors.

Court : Supreme Court of India

Reported in : AIR2001SC1560; JT2000(6)SC1; 1999(4)SCALE332; (2000)9SCC572

..... very fact that state had not filed any clarification application so far as k-2 sub-basin is concerned, though it did file such application in respect of sub-basin k-5 and k-6 as well as in case of quana krishna lift irrigation scheme unequivocally indicates that the state had no grievance so far as the allocation enbloc made by the tribunal and not putting any restriction of the user in k-2 sub-basin which consists of the upper krishna ..... ment (in tmc) (a) canal irrigation 0.90 11 -------------------------------------------------------------- under left and right bank canals at almatti (b) irrigation under 3.23 39 foreshore lift scheme (mulwad) (c) additional -- 19 requirement for sugar cane and other second season crops under lift schemes (d) incremental -- 22 evaporation loss due to additional storage for power generation (100 tmc) total 4.13 lakh 91 tmc ------------------------------------------------------------------- acres if if karnataka is permitted to utilize ------------------------------------------------------------------an additional quantum of 91 tmc of water for irrigation and other purposes at almatti, the dependable flow in ..... . 5 under section 5(3) of the act praying that the maximum quantity which could be utilised in k-5 and k-6 sub-basin of the state of maharashtra and karnataka should be specified and ultimately on 23rd august, 1974, the learned advocate general for the said state did not press the clarification as it had no materials on record on which he could .....

Hotel Bangalore International Limited, by Its Managing Director and or ...

Court : Karnataka

Reported in : ILR2003KAR4295

..... option except to struck down the amendment brought by the respondents, which is contrary to the mandatory provisions of articles 14, 19(1)(g) and the mandate of article 47 of the constitution of india, putting an embargo and necessitating on the quantity of liquor to be lifted by the holders of cl-2 and cl-9 licence, on the basis of irrational and unreasonable statistics collected and implemented by the department without application of mind and without analyzing the ground reality. ..... as cl-4 - club licence, where the liquor is supplied to its members and their guests for reasonable price, here also, when the respondents have all the data as to the quantity of liquor lifted by them each month and annually, the respondents have not made any attempt to bring them under the amended rule and they have been excluded. ..... by the learned government pleader is not in respect of the consideration of the objections filed by the petitioners and others, but the same pertains to the finalization of the draft rules, regarding the fixation of minimum lifting of liquor by the holders of cl-2 retail vending licence and cl-9 licence bar and restaurants, as published under the notification dated 21st june 2002. ..... regarding discrimination which are in violation of article 14 and also specifically have taken the stand of 'double jeopardy' on the ground that the statute has provided ample powers under sections 32, 36, 43 and 45 of the karnataka excise act, 1965 ('act for short) and rule 5 and 6 of the rules. .....

S.K. Joshi and anr. Vs. Vidyavardhaka Sangh, Bijapur and ors.

Court : Karnataka

Reported in : ILR2003KAR1896; 2002(4)KarLJ59

..... any reason, petitioners are aggrieved by the said order, they have to file an appropriate appeal/revision before the appellate authority/state government as provided under sections 130 and 131 of the karnataka education act.per contra, learned counsel sri prabhuling navadgi appearing for the petitioners submits that the remedy provided under section 130 of the ..... the post until they attain the age of superannuation or compulsorily retired from the service or unless they are guilty of misconduct, negligence, inefficiency or other disqualifications and appropriate proceedings are taken as provided under the act and termination of service of a teacher so appointed would be nothing but punishment, since it affects their service condition, and secondly, the premature termination of the service of the petitioners would come within the ..... now what remains is whether petitioners can file a revision before the state government as provided under section 131 of the act?under section 131 of the act, the state government may entertain a revision petition either suo motu or on an application from any person interested and thereafter call for and examine the records of an educational institution or of any authority, officer or ..... will be so, even if the termination order on the face of it appears to be innocuous since in an appropriate case, the courts will lift the veil and examine whether the device of termination adopted by an employer as a cloak for punishment or purports to be in terms of the .....

Karnataka State Forest Industries Corporation Vs. Indian Rocks

Court : Supreme Court of India

Reported in : AIR2009SC684; 2008(2)CTLJ465(SC); JT2008(12)SC388; 2009(2)KarLJ193; (2009)1SCC150

..... of request that may be made by the petitioner company and secondly, if the petitioner company deposits the balance of sale consideration for purchase of granite blocks, the respondent-corporation is directed to lift the balance or rough granite blocks which it had purchased in the auction sale without insisting on the payment of interest on the balance of amounts or for production of proof of payment of royalty under ..... if such permits had been granted, it might have been obligatory on its part while issuing the notice upon the concerned respondents to direct lifting of the remaining blocks of granites enclosing therewith copies of the said permits, but in absence thereof, it is idle to contend, on the one hand that the respondents were bound to perform ..... its letter dated 5.06.1999, the appellant informed the respondent to immediately remit the amount and lift the granite blocks by 30.06.1999 failing which, it was threatened, the amount deposited shall be forfeited, stating:we therefore request you to kindly make immediate arrangements for remitting balance amount and lift the granite blocks purchased by you in tender-cum-auction-sale held during the month of ..... is nothing to show that the government of karnataka acted thereupon or withdrawn its direction contained in its ..... concluded within the stipulated period of time as the entire payment was not made by june, 1995 or before lifting of the stones whichever is earlier, as envisaged under clause 9(b) of the terms and conditions of the .....

State of Karnataka, by Its Principal Secretary to Government, Dept. Fi ...

Court : Karnataka

Reported in : ILR2005KAR1397; 2005(2)KarLJ503

..... this takes us to the next contention of respondents that under the impugned notification, by insertion of sub-rule (2) of rule 14 of the rules, cl-2 and cl-9 licencees are required to lift a minimum quantity of liquor per month failing which their licences are liable to be cancelled and as such the same is violative of article 19(g) of the constitution, the right to carry ..... indian made liquor in the state of karnataka is governed under the provisions of karnataka excise act, 1965 and the rules framed thereunder ..... as per the amended rule, the respondents who are cl-2 and cl-9 licencees are alone liable to lift a minimum quantity of liquor per month and the other licencees under the rules who are similarly placed are excluded and as such the same is discriminatory and in violation of article 14 ..... further, under the amended rule, if the respondents fail to lift the minimum quantity of liquor per month then their licences will be cancelled by way of punitive action and as such the same is opposed to their right to carry on business and violative of article 19(g) ..... by virtue of impugned notification, the respondents are forced to lift a minimum quantity of liquor per month and in turn it only makes the public to drink the liquor compulsorily and therefore the same is opposed to the intent and object and mandate of article 47 ..... in this lis is insertion of sub-rule(2) of rule 14 of the rules, under which the cl-2 and cl-9 licensees shall lift for sale, a minimum quantity of liquor per month. .....

Lakshmi Bar and Restaurant Vs. The State of Karnataka

Court : Karnataka

..... minimum quantity of liquor so fixed per month, he shall be liable to pay a penalty at the rate of rs.100.00 for every bulk litre on the quantity short lifted: provided that in case the licensee fails to lift the minimum quantity so fixed consecutively for two months, the license may liable to be cancelled: provided further that the licensing authority shall give the licensee, a reasonable opportunity of ..... sub rule (2) of rule 14 of the karnataka excise (sale of indian & foreign liquor) rules, 1968, although the second proviso to the said rule provided for an opportunity of hearing to the licencee, if he fails to lift the minimum quantity of liquor so fixed per month, which quantity was specified in the said rule itself, before the penalty at the rate of rs.100/- for every bulk litre on the quantity short lifted, is imposed and if there are two ..... undertaking to the respondent - excise department on 28.6.2016 vide annexure-r1 that due to financial constraints, she was unable to pay the said penalty of rs.7,73,100/- for the year 2015-16 for the short lifting of liquor but the same would be paid by her and subject to such payment, the licence for the year 2016-17 may be renewed. ..... restaurant a cl-9 licencee is aggrieved by the demand notice raised to the tune of rs.7,73,1010/- by the respondent excise department for the alleged short lifting of liquor under rule 14(2) of the karnataka excise (sale of indian & foreign liquor) rules, 1968.2. ..... abide by the provisions of the act etc. [(1)]. .....

M/S High Point Hotels Pvt Ltd Vs. The Excise Commissioner in Karnataka

Court : Karnataka

..... the state legislature under the delegated powers under section 71 of the karnataka state excise act, 1965, it does not lose the legislative sanction and sustainability as a charging provision and its omission or repeal cannot deprive the respondents-excise department to invoke and apply this provision by virtue of section 6 of the general clauses act for demanding the penalty/damages for the short lifting of the liquor, for the period during which the said ..... . the premise of rule 14 (2) for recovering loss of revenue to state caused by short lifting of liquor quantity, is in corollary to penalty recovered under rule 21 (5) of mmdr (mine & mineral development regulations), wherein a recent decision rendered by hon ble supreme court only on 2nd august 2017, relying upon its previous decision in the case of karnataka rare earth case (2004) 2 scc283held that such compensation to state should be fully recovered even if illegal mining of ore, was done on any ..... before deletion of sub rule (2) of rule 14 of the karnataka excise (sale of indian & foreign liquor) rules, 1968, although the second proviso to the said rule provided for an opportunity of hearing to the licencee, if he fails to lift the minimum quantity of liquor so fixed per month, which quantity was specified in the said rule itself, before the penalty at the rate of rs.100/- for every bulk litre on the quantity short lifted, is imposed and if there are two such .....

State of Karnataka and ors. Vs. Ece Industries Limited

Court : Karnataka

Reported in : [2006]144STC605(Kar)

..... authority was not justified in bringing to tax the turnover of the assessee, on the assumption, that'the works contract was executed in the state of karnataka and therefore, charging provision section 5b of the act is attracted.the other contention canvassed was that it is not a works contract liable to tax under the act, in view of the fact that the same is inter-state works contract executed by ece industries limited at ghaziabad.the learned senior counsel explains ..... the nature of the contract between the contracted and the respondent-company and in that process submits, that the respondent-company procure orders in karnataka for installation and commissioning of lifts and elevators from customers and sends it to its manufacturing ..... merely because the lifts and elevators are installed and commissioned in the state, it cannot be said that it is a local sale exigible to levy of tax under section 5b of the act on the ground that the actual transfer of property used in the works contract took place in the state of karnataka. .....

Sri Hemant Gulati Vs. The State of Karnataka

Court : Karnataka

..... , the learned counsel for the revenue, has pleaded that the contentions raised by the learned counsel for the petitioner are highly misplaced: firstly, the karnataka excise act, clearly makes a distinction between a deputy commissioner and a deputy commissioner of excise ; secondly, rule 5 of the rules of 1968, bestows the power to grant a licence upon the deputy commissioner; thirdly, rule 14 of the rules of 1968, cast ..... minimum quantity of liquor so fixed per month, he shall be liable to pay a penalty at the rate of rs.100.00 for every bulk litre on the quantity short lifted: provided that in case the licensee fails to lift the minimum quantity so fixed consecutively for two months, the licence may liable to be cancelled: provided further that the licensing authority shall give the licensee, a reasonable opportunity of being heard before levying ..... the legal validity of the demand notice dated 18.05.2015 passed by the deputy commissioner, bangalore urban district, bangalore, whereby, the deputy commissioner has directed the petitioner to pay a penalty of rs.7,61,500/- for having lifted lesser quantity of 7615 bulk litres of liquor during the period from july 2011 to july 2014. ..... [(2) the licensees holding retail shop licences in form cl-2 and bar licences in form cl-9 shall lift for sale from a wholesale licensee (cl-1), the minimum quantity of liquor (excluding fenny, wine and beer) fixed per month for the shop based on the licence fee prescribed for each type of licence, - 10 - .....

N. Sankappa Shetty Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1992KAR2529; 1992(3)KarLJ474

..... nethravathy and kumaradhara, are natural streams and are not water works as defined under the karnataka irrigation act (hereinafter referred to as the act); (ii) that the circular impugned is purported to have been issued under the act but the act itself being inapplicable to the rivers in question the circular is ultra vires the provisions of the act; (iii) that the petitioners have a natural right to draw water from the ..... scrutiny of the note will make it clear that the committee constituted to go into this question itself felt that it was not necessary to withdraw the permission for grant of licence to lift water from nethravathy river on account of shortage of water in mangalore city inasmuch as the same would result in undue hardship to the agriculturists and unless permission was given to them to utilise ..... their lands but also for household purposes and for maintaining their cattle from time immemorial; that formerly the petitioners and their predecessors were lifting water by some mechanical means and that from the year 1967 onwards or thereabout the petitioners obtained licences to draw water from the said rivers by using electric pumps. ..... indiscriminately utilised without reference to the needs relating to drinking purposes and requirement thereto and instructed the concerned engineer and irrigation officer to prohibit the lifting of water between february and june every year so that water scarcity is not felt in towns and villages in the vicinity for drinking purposes. .....