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Karnataka Food Packers Vs. Regional Director, Esi

Court : Karnataka

Reported in : ILR1990KAR4364

..... the idea that such payment, contribution or whatever name is given to it should be so pigeon-holed and fitted in stems from a misunderstanding of the scheme of our constitution in regard to social welfare legislation.the payment of contribution by an employer towards the premium of an employee's compulsory insurance under the employees state insurance act falls directly within entries 23 and 24 of list iii and it is wholly unnecessary to seek justification for it by recourse to entry 97 of list i or entry 47 of list iii ..... chapter ii of the act deals with the corporation, standing committee and medical benefit council and their constitution; chapter iii deals with the problem of finance and audit; chapter iv make provisions for contribution both by the employees and the employer, and chapter v prescribes the benefits which have to be conferred on the workmen; it also gives general provisions in ..... benefit was claimed by the employees from the respondent; the respondent-corporation had not spent any amount on the employees of the appellant; and therefore, having regard to the provisions contained in section 68 of the act the corporation was not entitled to claim the amount there being no quid pro quo.it may at this stage be stated that for the period subsequent to 30-6-1982 the coverage of the appellant's factory is not ..... the appellant -- karnataka food packers -- has preferred this appeal against the order dated 29-5-1982 passed by the employees state insurance court, mangalore, .....

Vidyavathi Kapoor Trust Vs. Chief Commissioner of Income-tax and Other ...

Court : Karnataka

Reported in : (1991)99CTR(Kar)269; ILR1991KAR3414; [1992]194ITR584(KAR); [1992]194ITR584(Karn)

..... : 'can a party who seeks to challenge the jurisdiction of the tribunal to which he has submitted himself be permitted to raise the question of jurisdiction when he invokes our power in a writ petition under article 226 and 227 of the constitution the power the high court is asked to exercise is a discretionary one, and when the party who has not challenged the jurisdiction of a tribunal but submitted to it and took the chance of a decision in his favour, ..... on the part of the income-tax officer, the reasons for the belief must have a rational connection or a relevant bearing to the formation of the belief, and that the high court under article 226 of the constitution has power to set aside a notice under section 147 of the act of 1961, or section 34 of the act of 1922, if the condition precedent to the exercise of jurisdiction under these sections does not exist.' 35. ..... 114) : 'thus, it is too late in the day to urge that since the legislature did not specifically provide in chapter xx-c of the income-tax act that the affected party shall have a right of hearing before an order under section 269ud(1) is passed, the courts would not insist upon compliance with at least the minimal rules of audi alteram partem to be ..... 12, brigade road, bangalore-560 001, karnataka, represented by its trustees : ..... state of karnataka, : ilr1991kar2341 , is a decision which fully supports this respondent on the principle of ..... karnataka power corporation employees' co-operative housing society ltd. .....

Peter J.R. Prabhu Vs. Asst. Commissioner of Commercial Taxes and ors.

Court : Karnataka

Reported in : [2001]105CompCas247(Kar); ILR2001KAR1045

..... belonging to the dealer, or whenever any court issues warrant under section 421(1)(a) of the criminal procedure code for recovery of fine, the said magistrate/court must bear in mind rule 3 of chapter ix of the karnataka criminal rules of practice, 1968 made by the high court of karnataka in exercise of the power conferred by article 227 of the constitution. ..... sri bhavani singh, learned high court government pleader points out, where an offence is committed by a company under section 29 of the act and where penalty is to be imposed, in view of section 31a of the act, individually, the directors like the petitioners herein could also be made liable and the fine imposed can be recovered from the said individual ..... occasions have arisen wherein the moveable properties of someone other than the offender [or the dealer in a proceeding under section 13(3)(b) of the act, as the case may be] have been attached and sold, with no immediate remedy available for the said third party whose property is ..... that since the fine levied for the offence under section 29 of the act thus is recoverable from an individual director where such director is found liable in the circumstances narrated under section 31a of the act, then, the amount recoverable under section 13(3)(b) of the act should be held no different from the fine so levied under section 29 of the act, for the reason that even the said amount recoverable under section 13(3)(b) of ..... sales tax for the period from 1991-92 to 1993-94 amounting to rs. .....

Latha and Others Vs. State of Karnataka, By its Secretary and Others

Court : Karnataka

..... the petitioners in all these petitions have prayed to strike down the karnataka panchayat raj (reservation of seats in taluk panchayats and zilla panchayats by rotation), rules 1998 (hereinafter called the 'rules 1998') as illegal, void and ultra vires to article 243d of the constitution read with section 162 of the karnataka panchayat raj act, 1993. ..... it is opportune here to reproduce article 243-o and article 243-d of the constitution of india and section 19 of the karnataka panchayat raj act, 1993, hereunder: art.243-o: bar to interference by courts in electoral matters: notwithstanding anything in this constitution- (a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243k, shall not be called in question in any court; (b) no election to any panchayat shall be called in question except by an election petition presented to such authority and ..... chapter 9 of the constitution of india inserted by 73rd amendment act of 1992 with effect from 24/04/1993 comprising of articles 243 to 243-o are relevant for this case while chapter 9-a comprising of article 243-b to article 243-zg inserted by the said 73rd amendment deal with the municipalities and chapter 9 b comprising of article 243-zh to article 243-zt deal with the co-operative societies. 9. .....

indra Sawhney Etc. Etc Vs. Union of India and Others, Etc. Etc.

Court : Supreme Court of India

Reported in : AIR1993SC477; [1992]Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217

..... regards the equal opportunity in the matters of public employment, i venture to articulate without any reservation, even on the possibility of any refutation that it is highly deplorable and heart-rending to note that the constitutional provision, namely, namely, clause (4) of article 16 proclaiming a 'fundamental right' enacted about 42 years ago for providing equality of opportunity in matters of public employment to people belonging to any backward class ..... lost sight of is if history of discrimination and segregations of the sc/st and the socially, educationally and economically backward in the darkest chapter of our social history, with no parallel any where in the world, then constitutional therapy to eradicate it root and branch too is unparalleled and even most developed and democratically advanced democracies, cannot match the socially oriented ..... alacritynot on objective consideration but for extraneous reasons, acceptance of the report without any discussion or debate in the parliament which was the least considering the far-reaching consequences of such report, acting by executive order instead of legislative measure, when reservation for backward class was being made in union services for the first time, propriety of basing the action on a report rendered ..... issued by the second backward classes commission, the state of assam, andhra pradesh, bihar, gujarat, karnataka, kerala, maharastra, punjab, rajasthan and uttar pradesh stated that caste should be used as one ..... panchayats ..... 1993 ..... .....

Ishrath Banu Vs. The Returning Officer (Also, The Assistant Commission ...

Court : Karnataka

..... (1) read with 16 of the karnataka panchayath raj act, 1993 ("the act", for short). ..... election petition shall be tried by the [civil judge (junior division)], as nearly as may be in accordance with the procedure applicable under the civil procedure code, 1908 (central act 5 of 1908), to the trial of suits: provided that the [civil judge (junior division)] shall have discretion to refuse for reasons to be recorded in writing, to examine any witness or witnesses if he is of the opinion that ..... (prayer: this writ petition is filed under articles 226 and 227 of the constitution of india praying to quash the impugned order dated 04.02.2017, passed by the additional district and sessions judge, chamarajanagar, sitting at kollegala, in m.a.no.5002 and 5003/2016 vide annexure-'a', and consequently ..... facts of the case are that on 20.02.2016, the petitioner and the plaintiff contested the election for the chamaraja nagar zilla panchayat from martalli constituency. ..... interestingly, both the karnataka municipal act and the representation of peoples act, 1951, do contain provisions which warrant that once the trial has begun, then the provisions of cpc would have to be ..... since the requirement of sections 81 (1) and (3), read with 86(1) of the representation of the people act, 1951 was that the election petition has to be submitted "by" the plaintiff, the apex court was of the opinion that the election petition ..... petitions are to be conducted has been specifically provided in chapter iii of part vi. .....

R. Gandhi and anr. Vs. Union of India (Uoi) Rep. by the Ministry of La ...

Court : Chennai

Reported in : 1997(3)CTC255

..... is registered in the state.explanation: for the purpose of this proviso the expression 'law relating to motor vehicles' means the motor vehicles act, 1993 or the motor vehicles act, 1988, as the case may belevy of tax:(1) subject to th provisions of this act, there shall be levied and collected a tax on the entry of any motor vehicle into any local area for use or sale therein ..... petitions have been directed to be posted by the chief justice before a division bench in exercise of the power under rule 1-a of the rules which reads thus :every petition under article 226 of the constitution except that specified in rule 2(4) shall be posted before a single judge or a larger bench, as the chief justice may direct.however, i as the chief justice, have ordered on the administrative ..... 7 of the schedule tax rules, 1920-that is, the area administered by a local authority such as municipality, a district board, a local board or a union board, a panchayat or some body constituted under the law for the governance of the local affairs of any part of the state...36. ..... agreement with the view expressed by the special bench that the absence of a proviso to rule 9 in chapter ii corresponding to the proviso to rule 1 does not take away the inherent power of the chief ..... the plain fact is that even so many states bihar, maharashtra, karnataka and a host of other states passed such a legislation, the validity of which had already been challenged in superior courts of jurisdiction high courts ..... raj .....

Paschimbanga Bhumijibi Krishak Samiti and ors. Vs. State of West Benga ...

Court : Kolkata

Reported in : (1996)2CALLT183(HC),100CWN900

..... agrarian reforms therefore require, inter alia, the reduction of the larger holdings and distribution of the excess land according to social and economic considerations..........we embarked upon a constitutional are holding forth the promise that we will secure to all citizens justice, social, economic and political, equality of status and of opportunity: and, last ..... vires of the said amendment act but sub-section (4) of section 4 incorporate by section 8 of 1981 act as well as sub-section(5) thereof being consequential to sub-section (4), sub-section (5) of 14t of the principal act as amended by section 26 of the 1981 amending act, section 14ss of principal act inserted by section 1991 amending act and section 17(2) of the principal act amended by section 30 of the amending act which provisions had been declared as ultra vires the constitution of india. ..... such holding immediately before the coming into force of the provisions of this chapter the raiyat shall pay revenue at such rate as the revenue officer may determine in the prescribed manner, having regard to the rent that was generally being paid immediately before the coming into force of the provisions of this chapter for lands of similar description and with similar advantages in the vicinity'.90. ..... karnataka ..... reported in : [1993]2scr193 , it was held:-'thus, it becomes clear that a legislature while has the legislative power to render ineffective the earlier judicial decisions, by removing or altering or neutralising the ..... raj .....

Bhagchand Uttamchand Vs. the Inspector of Police and ors.

Court : Chennai

..... argument of accused having to face the trial despite being in a position to produce material of unimpeachable character of sterling quality, the width of the powers of the high court under section 482 of the code and article 226 of constitution of india is unlimited whereunder in the interests of justice the high court can make such orders as may be necessary to prevent abuse of the process of any court or otherwise to secure the ends of justice within the parameters ..... of 1989 on the file of the district munsif court, kodaikanal against john edward tapp and r.p.lunkad and sought for a prayer as follows:for declaring the plaintiff is the statutory tenant under the rent control act and consequently, pass an order of permanent injunction against the defendant restraining the defendant, their subordinates, men or agents seeking to interfere with the plaintiff's peaceful possession and enjoyment until the plaintiff evicts under ..... in the backdrop of the interpretation of the various relevant provisions of the code under chapter xiv and of the principles of law enunciated by this court in a series of decisions relating to the exercise of the extraordinary power under article 226 or the inherent powers under section 482 of the code which we ..... but the citations reported in (2001) 6 scc 181 (cited supra) and air 1993 sc 1637 (cited supra) are not applicable to the facts of the present case, because in the antony's case, it was specifically mentioned that no ..... ) 3 scc 89 (state of karnataka v. .....

B. Javarayagouda S/O Beregouda Vs. the State of Karnataka

Court : Karnataka

Reported in : ILR1997KAR1153

..... the legislature to bring an amendment to karnataka panchayat raj act by limiting the term of office of chairpersons of zilla panchayat and taluk panchayat by reducing the term is to provide an opportunity for three types of different reserved categories to hold offices within the term of panchayat i.e. ..... constitutional validity of sub-section 3 of section 3 and subsection 3 of section 5 of the karnataka panchayat raj (second amendment) act, 1996, (hereinafter called the 'amendment act') is the subject matter of controversy between the ..... security of tenure to the offices held by the petitioners is one of the basic structures of the panchayat raj act which is embodiment of the constitutional amendment and cannot be taken by introducing the amendment restricting continuity of office of the writ petitioners. ..... denied that chapter ix was inserted in the constitution for the purposes of imparting certainty, continuity and strength in the panchayat raj institution. ..... it has also powers to legislate with respect to matters covered by the concurrent list subject to restrictions imposed under chapter i of the part xi of constitution and if there is a conflict between a law enacted by a state legislature and the parliament with respect to matter covered by the concurrent list, the laws made by the state legislature to the extent of repugnancy would be ..... union of india' : [1993]1scr786 has again held that right to vote or right to elect is neither a fundamental nor civil right but was a pure ..... 1993 .....