Judgment Search Results Home > Cases Phrase: karnataka lifts act 1974 section 11 delegation of powers of government Page 1 of about 111 results (0.130 seconds)

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

Court : Karnataka

Reported in : ILR2003KAR4295

..... 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. ..... sheets maintained by the authorities that they have sought for legal opinion from the legal department as envisaged under the karnataka government (transaction of business) rules, 1977 and as rightly pointed out by the learned counsel appearing for the petitioners ..... the proceedings reliance upon 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, ..... there is neither restriction nor prohibition not any conditions imposed regarding the minimum quantity of liquor to be lifted in a month, whereas the cl-2 and cl-9 licence holders have been targeted/compelled to lift the minimum quantity of liquor on the basis of the random check made by the government, as stated in the notification. ..... learned government pleader submitted that the said check has been make in a very scientific manner after thorough home work and research in the matter and thereafter they have come to the conclusion that the holders of cl-2 and cl-9 licence are supposed to lift a .....

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

..... two months from the date 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 kmmc rules, 1994 ..... but there is nothing to show that the government of karnataka acted thereupon or withdrawn its direction contained in its letter dated 16th january, 1996.37. ..... moreover the mines and minersals department can dispose in the public auction only those minerals which are seized under sub-section (4) of 21 of the act and sub-rule (6) of 43 and minor minerals left at the quarry after expiry of termination of lease or licences. ..... but article 162 itself does not confer any rule making power on the state government in the behalf.g.j. ..... the question that arises for consideration is as to whether the state in exercise of its power under article 162 of the constitution of india could issue a binding direction so as to confer a legal right on a third party having regard to cancellation of contract of agency by the state in favour of the appellant .36. ..... the corporation ceased to have its power or jurisdiction to continue to sell the granite blocks with effect from 16.01.1996. .....

K. Poomalai and Others Vs. the Director of Sugar, Chennai and Others

Court : Chennai

..... /- per mt as pleaded by the petitioner, is not within their knowledge; those sales were not for export and they were for a meagre quantity; further, this respondent has no knowledge of the sale of molasses in karnataka, maharashtra and kerala at the rate of rs.3,800 per mt, rs.4,300/- per mt and rs.4,400/- per mt respectively; the price fixation depends upon various factors such as demand and supply, quality of molasses, industrial recession, etc ..... of four ministers assisted by high officers from different departments; there was complete openness of discussion and deliberation; there was no suddenness, no impulsive caprice or arbitrariness in reaching the decision; the state government did not concede whatever was demanded by the existing contractors; it is not possible to discern any mala fides or any improper or corrupt motive on the part of the state ..... before the apex court was, as to whether the arbitrator has power under section 11-a of the industrial disputes act to re-appreciate evidence and to award lesser punishment when the word "arbitrator" does not find place in section 11-a of the industrial disputes act. ..... is liable to be dismissed; next, the award of contract with respect to sale of 60,000 mts of molasses at the rate of rs.1,410/- per mt in favour of this respondent was concluded as early as on 06.07.2012; this respondent had already lifted 26,212 mts of molasses out of the awarded quantity of 60,000 mts; for all these reasons, this writ petition is not maintainable. .....

Jafarudheen Vs. State Of Kerala

Court : Supreme Court of India

..... to the question whether the statement of the appellant to the effect that he had hidden them (the ornaments) and would point out the place where they were, is wholly admissible in evidence under section 27 or only that part of it is admissible where he stated that he would point out the place but not that part where he stated that he had hidden the ornaments. ..... thus, except as provided by section 27 of the evidence act, a confession by an accused to a police officer is absolutely protected under section 25 of the evidence act, and if it is made in the course of an investigation, it is also protected by section 162 of the code of criminal procedure, and a confession to any other person made by him while in the custody of a police officer is protected by section 26, unless it is made in the immediate presence of ..... state of karnataka, 2021 scc online sc1233 wherein it was held that when after due examination and review of evidence, the trial court has passed an order of acquittal, the exercise of the power of the high court as imposed by the code must be ..... section 27 is in the form of a proviso, and partially lifts the ban imposed by sections 24, ..... through the law governing the cases pertaining to appeals filed against orders of acquittal as there is an enlarged presumption ..... the basic premise of section 27 is to only partially lift the ban against admissibility of inculpatory statements made before the police, if a fact is actually discovered in consequence of the information received .....

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

Court : Karnataka

Reported in : ILR2005KAR1397; 2005(2)KarLJ503

..... the power to amend the rules is specified in section 71 of the act, which reads' as under;'the state government may, by notification and after previous publication, make rules to carry out the purpose of the act'.in the instant case, state published draft rules on 21.6.2002 and invited objections. ..... trading in indian made liquor in the state of karnataka is governed under the provisions of karnataka excise act, 1965 and the rules framed thereunder. ..... 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 on business. ..... the circumstances, it cannot be said that state has not followed the procedure, there is no substance in the contention of the respondents that the state has not consulted the law department as required under rule 62(l)(a) of the karnataka government (transaction of business) rules, 1977. ..... it is contended that the state shall consult department of law while amending a rule as per karnataka government (transaction of business) rules 1977 and having not done the same, the impugned notification is bad in law. ..... hence, these appeals by the government of karnataka (referred to as 'state').2. ..... the government of karnataka vide notification dated 1.4.2003 bearing no .....

Vidyavardaka Sangha, Bangalore and Another Vs. State of Karnataka

Court : Karnataka

Reported in : AIR2001Kant329; ILR2001KAR2506; 2001(4)KarLJ444

..... , in order to make this constitutional guarantee more meaningful, the government of karnataka after enacting the education act, 1983, had constituted a committee to recommend further steps to ..... general regulations relating to minimum accommodation per student, furniture, etc,--(1) every building of an educational institution shall provide adequate and proper accommodation which shall ensure- (i) a separate classroom for each division/section of a standard; in the case of primary schools a separate classroom for each teacher; (ii) carpet area for each student of not less than six square feet;(iii) separate rooms, one for the chambers ..... because of these unguided and unbridled interpretation of rule 10 of curricula rules referred to supra, the government framed fresh set of rules called karnataka educational institutions (regulation of certain fees and donations) rules, 1999 (hereinafter referred to as the ..... (f) where it is of more than one floor from the ground level, safe and proper staircases are provided; (g) where it is of more than three storeys from the ground level, proper and safe lift facility is provided; (h) it is not used in any part of the day, week, month or year, for any purpose other than for the furtherance of education. 5. ..... hence, when any rule is to be framed in exercise of the power under section 145(2)(xix) of the act, then the fixation of fees should render it possible for any willing parent to educate his sibling in an institution which foster the development .....

Ravindra and Company Vs. State of Karnataka and Others

Court : Karnataka

Reported in : ILR2000KAR1942; 2001(2)KarLJ604

..... . section 71 of the karnataka excise act, 1965 regulates the power of the state government to make rules ..... of tax on excise articles which have not been either imported, exported, transported, manufactured, cultivated or collected under section 13 of the said act, held that no tax can be imposed by any bye-law or rule or regulations unless the statute under which the subordinate legislation is made specially authorises the imposition even if it is assumed that the power to tax can be delegated to the executive.7. let us now examine whether, in the facts and circumstances of the case and in ..... .;(ii) declare the process by which spirit shall be denatured and denaturation of spirit ascertained'.though section 71 does not in specific terms refer to maturing of the arrack, we can safely assume that sub-clause (ii) of clause (d) excerpted above would govern the process of maturity of the arrack ..... .(2) in particular and without prejudice to the generality of the foregoing provision, the state government may make rules-(d) regulating the import, export, transport, manufacture, cultivation, collection, possession, supply or storage of any intoxicant and may, by such rules, among other matter,--(i).............................. ..... it has to act within the limits of the power granted to it'.in that case the apex court was seized of notification issued under section 62 of the madhya pradesh excise act, 1915 imposing duty on liquor which contractors failed to lift. .....

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 being heard before ..... 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 ..... -17 gave an 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. ..... government advocate for the respondents has submitted before the court that the petitioner never raised any objection to the said demand notices to the tune of dated 27th june, 2017 w.p.no.10335/2017 (excise ..... licensee to abide by the provisions of the act etc. [(1)]. .....

M/S. Kone Elevator India Pvt. Ltd. Vs. State of T.N. and ors.

Court : Supreme Court of India

..... to guard and protect the hoist way, to complete all the works in such specified time so that no delay is caused in carrying out the installation by the petitioner, to relieve the petitioner of any responsibility in respect of expenses relating to power supply or expenses of any nature relating to the rest of the building and other contractor s work, to pay all fees that may be required in connection with erection of preparation of the structure in which the elevator equipment is to be erected ..... section 4 stipulates that every owner of a place intending to install a lift after the commencement of the said act, should make an application to the concerned authority of the state government for permission to erect such a lift and while seeking for such a permission, the obligation is on the applicant to furnish the various details about the lift to be erected ..... two- judge bench considered the scope of section 2(1)(u-1) of the karnataka sales tax act and other provisions and, considering the wide amplitude of the definition of works contract in the act, interpreted the contract and came to hold that the contract remained a works contract within the meaning of the term as defined under the said act. ..... bhat, learned senior counsel for the state of karnataka, has submitted that the contract of manufacture, supply and installation of lifts comprises a works contract, for the expression works contract is not a term of art as has been explained in builders association of india and others v .....

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

Court : Karnataka

..... merely because it is a rule enacted by 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 rule ..... it may also be noticed that in 1897, when india was not independent and no rules under delegated powers to the state government were framed at that time therefore absence of word rule in section 6 of the general clauses act, 1897 in the context of situation then obtaining should not allow the levy of penalty/damages under rule like rule 14 (2) of present excise rules to lapse by holding that section 6 of the general clauses act does not apply to rules. ..... , it was held to be not amounting to repeal, still, the repeal of a rule is not saved by applying section 6 of the general clauses act, 1897, and the decisions of the constitution bench of supreme court in rayala corporation and kolhapur canesugar works would still hold the field and govern the present case. ..... a regulation made by the central government under the government of india act, 1870, or the government of india act, 1915, or the government of india act, 1935.6. .....