Judgment Search Results Home > Cases Phrase: karnataka lifts act 1974 section 11 delegation of powers of government Page 2 of about 111 results (0.128 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

..... rejected. if the decision of the tribunal is examined from the aforesaid stand point and in view of our conclusion that it is that final order which has been notified in the official gazette by the central government under section 6 of the act which is the decision of the tribunal, we find nothing stated therein which even can be held to be a prohibition or restriction on the power of the state of karnataka to have the height of dam up to a particular ..... it. the 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 ..... circumstances. this clearly indicates that in the first instance, its delegate -the central government - would have to decide whether a scheme is ..... no. 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 substantiate .....

Samaj Parivartana Samudaya Vs. State Of Karnataka .

Court : Supreme Court of India

..... submitted by it from time to time, it has been stated that only a temporary ban on exports was imposed by this court at a critical time when mining operations were restricted in the state of karnataka and that it was never the intention of 7 for short mpap page 10 of 24 writ petition (civil) no.562 of2009this court to restrict the mining operations for all times to come; that sale through ..... reason behind constituting the monitoring committee and the role attributed to it for the sale of iron ore through e- auction and further, observing that the connected aspect of lifting of the cap or enhancing the cap on production and launching of the cepmiz scheme, was still under consideration, this court had rejected the aforesaid application filed by fimi ..... the iron ore and pellets manufactured from the iron ore produced from the mines situated in the state of karnataka, to countries abroad, as is being done in the rest of the country, but strictly in terms of the extant policy of the government of india.31. ..... (development and regulation) (amendment) act, 2015 has been put into place and all the said steps taken together, necessitate a relook at the restriction imposed earlier and therefore operation of mines in the state of karnataka may be aligned with the rest ..... respondents/states and the union of india to declare all mining contracts/sub-leases issued in violation of the mines and minerals (development and regulation) act, 1957 as illegal and take penal actions against the violators. ..... act, .....

State of Karnataka and ors. Vs. Ece Industries Limited

Court : Karnataka

Reported in : [2006]144STC605(Kar)

..... the movement of goods from one state to another and that therefore, nor did it stipulate that the goods would be moved from one state to another, the works contract executed by the respondent in the state of karnataka cannot be said as the movement of goods is in the course of inter-state trade or commerce and consequently, the tribunal was not justified in coming to the conclusion that the transaction in question is not exigible to levy of ..... sri anand, learned government advocate, contends that when a works contract is to be executed within the state, the transfer of property in the materials would obviously pass within the state and therefore, the authorities under the act were justified in levying tax under section 5b of the kst act on the installation and commissioning of the lifts and elevators.25. ..... this be the true meaning of what is a sale in the course of inter-state trade or commerce so as to be exigible to tax under the central sales tax act, it would be, outside the legislative power of the state legislature to tax, a sale being transfer of property in the goods involved in the execution of works contract.26. ..... of a deemed sale resulting from a transfer falling within the ambit of article 366(29-a)(b) but it is not permissible for the state legislature to define the expression 'sale' in a way as to bring within the ambit of the taxing power a sale in the course of inter-state trade or commerce, or a sale outside the state or a sale in the course of import and export.15. .....

State of Karnataka and anr. Vs. K.K. Mohandas and ors.

Court : Karnataka

Reported in : ILR2002KAR2872; 2002(3)KarLJ450

..... of motilal padampat sugar mills company limited, supra, wherein it is held as follows; '(b) equity -- promissory estoppels -- applies to government or state in whichever capacity it acts -- position in england and united states compared -- however, government will not be bound if it can show that equity lies in its favour -- heavy burden on government in such a situation to bring the relevant facts and circumstances on record -- government can also save itself on notice and reasonable opportunity being given by it, the promisee can resume his ..... after 1976 amendment-- held: (1) high court must adhere to the procedure and conditions prescribed in the section and no court has the power to add to or enlarge the conditions of appeal; (2) high court must satisfy itself that a substantial question of law is involved and must then formulate the question on which the appeal would then be heard; (3) the respondent has ..... hd 107 edc 90, dated 17-11-1990 addressed to the excise commissioner in karnataka by commissioner and secretary to government, home department reads as follows: 'in partial modification of the government letter de 27 edc 90, dated 11-5-1990,1 am directed to convey approval of government to allow the toddy tappers of dk district to sell their toddy through their own toddy tappers society'. 29. ..... at least at that time the government should not have suppressed the notification regarding lifting of the ban of the toddy. .....

Sri H. D. Kumarswamy Former Chief Minister of Son of Sri H.D. Devegowd ...

Court : Karnataka

..... view of the definitions of "complaint", "grievance" and "allegation" as extracted supra, a reference under section 7(2-a) of the karnataka lokayukta act, 1984 cannot be considered as a complaint for investigation into a complaint involving any grievance or any allegation and the state government which has made the reference under section 7(2-a) of karnataka lokayukta act cannot be termed as a complain! ..... nothing contained in this code shall in the absence of a specific provision to the contrary, affect any special or local law any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force. ..... commission thereof and any pardon so tendered shall, for the purposes of sub-sections (1) to (5) of section 308 of the code of criminal procedure, 1973 (2 of 1974), be deemed to have been tendered under section 307 of that code. ..... of complaint that the petitioner had renewed mining lease in favour of m/s.janthakal enterprises and exerted pressure on the commissioner of mines & geology to issue permit for lifting old dump of 1 lakh metric tonne of low grade iron and manganese ore are baseless. ..... the provisions of the code of criminal procedure, 1973 (2 of 1974), shall, so far as they are not inconsistent with this act, apply to the proceedings before a special judge; and for the purposes of the said provisions, the court of the special judge shall be deemed to be a court of session and the person conducting a prosecution before a .....

Sri Hemant Gulati Vs. The State of Karnataka

Court : Karnataka

..... 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 a duty upon the licensing ..... 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 ..... according to section 61(2) of the act, if any person is aggrieved by an order passed by the deputy commissioner under this act, such a person is required to file an appeal before the excise commissioner within a period of 90 days from the date of ..... section 2(5)(a) of the act defines the term deputy commissioner of excise as meaning the deputy commissioner of excise appointed under section 4(a) of the act ..... he was justified in issuing the demand notice under rule 14 to the petitioner; fourthly, that in case, the petitioner is aggrieved by the demand notice he has an efficacious alternative remedy, challenging the same, under section 61(2) of the act. .....

State of Karnataka Vs. the West Coast Paper Mills Ltd.

Court : Karnataka

Reported in : AIR1986Kant103; ILR1985KAR3857; 1985(2)KarLJ498

..... d-1) in support of his contention that the bamboos in whatever form not removed from the forest would, revert back to the government and only under exceptional circumstances extension of time could be granted to the company to remove the remaining bamboos that were already ..... that mills, however, could not start manufacture of its products for want of imported machinery, and at its request the government by order dated january 16, 1967, permitted the company to remove green bamboos up to an 13 extent of 1,30,000 tons from yellapur forest division, consisting of kirwati, manchikeri and yellapur ..... since no such extension of time was granted to the company to lift bamboos cut and stacked before january 15, 1969, it shall be deemed to have reverted back to the government and the company was therefore liable to pay at the rate of ..... per ton on bamboos cut subsequent, to january 15, 1969, and not in respect of the bamboos already extracted earlier to the said government order dated december 31, 1968, and the company was there more entitled to refund of the excess amount at paid.the government resisted the suit contending inter alia:that by virtue of clauses 10 and 11 of the original agreement (ex. d-1). ..... the oral and documentary evidence and in the light of the provisions of the karnataka forest act. ..... section 18 of the sale of goods act provides that where there is a contract for sale of unascertained goods, no property in goods is transferred to the buyer unless and until the good are .....

Hari Om @ Hero Vs. State Of U.p.

Court : Supreme Court of India

..... @ sonu, saurabh @ sanju are discharged u/s412ipc and section 3(2) 5 of scheduled castes and scheduled tribes (prevention of atrocities) act and accused rijwan is acquitted from the offence u/s25arms act in crime no.369/08, accused haseen is acquitted from the offence under section 25 arms act in crime no.370/08, accused bhaiye @ fareed is acquitted from the offence under section 25 arms act in crime no.381/08, accused sanjay @ sonu is acquitted from the offence under section 25 arms act in crime no.368/08 and accused 1 indian penal ..... insofar as accused sanjay @ sonu and saurabh @ sanju are concerned, apart from the material that their sample fingerprints matched with those lifted from the house of the deceased, nothing was brought on record to suggest or suspect the involvement of said two accused. ..... the procedure detailed in the karnataka police manual captures the importance of development and preservation as well as the method of packing and safe keeping. ..... our attention was drawn to the karnataka police manual and it appears that nanaiah followed the guidelines laid down therein and perhaps acted in an overly cautious manner. ..... the karnataka police manual highlights the importance of keeping safe an article containing fingerprints. .....

N. Sankappa Shetty Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1992KAR2529; 1992(3)KarLJ474

..... the secretary of state for india in council, through the collector of madura, ilr 1932 madras 141 it has been held that the government has power to regulate in public interest, the collection retention and distribution of waters of rivers and streams flowing in natural channels and of waters introduced into such rivers by means of words ..... 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. .....

T. Muniyappa Vs. H. Eshwarasa and Others

Court : Karnataka

..... there were legal barriers to execute the absolute sale deed in respect of the suit property and it was specifically agreed in the agreement that as and when the legal barriers are lifted or cleared and consequently as and when the plaintiff requests for execution of the registered sale deed they would execute the sale deed without expecting any additional sale consideration and also ..... limitation act, 1963 (central act no.36 of 1963), article 54 specific relief act, 1963 (central act no.47 of 1963), section 20 clause in an agreement to sell provided that the sale deed to be executed as and when ban for selling land (on registration) under karnataka prevention of fragmentation and consolidation of holdings act, 1966 is repealed and it was repealed in the year 1983 but agreement ..... though the finding of the trial court in respect of the execution of the agreement does not call for interference, having regard to the provisions of the act which was in force and as the suit has been filed after 19 years, the court below could not have granted the decree in favour of the ..... the date of the alleged agreement of sale in favour of the plaintiff, karnataka prevention of fragmentation and consolidation of holdings act, 1966 (hereinafter referred to as the act for short) was in force and therefore, the alleged agreement is unenforceable ..... contended as the grant of relief for specific performance is a discretionary power vested in the court, that discretion has to be exercised judiciously .....