Court : Karnataka
Reported in : 2008(6)KarLJ116; 2008(4)KCCRSN289; 2008(5)AIRKarR478; AIR2008NOC2804; ILR2008(3)Kar3949
..... as required under section 15(1) of the karnataka panchayath raj act, 1993 (hereinafter called as the 'act'). ..... the contention of the learned counsel for the petitioner that the election petition filed by the 2nd respondent was not maintainable as the required deposit as contemplated under section 15 of the act was not paid as on the date of the petition and therefore, he submits that on this ground alone the order of the trial court has to ..... the scrutiny of the pleadings and the evidence led by the parties reveal that the 2nd respondent filed the petition under sections 15 and 19 of the act on 9.3.2005 and the perusal of this petition reveals that the 2nd respondent herein in the cause title of the petition filed before the court below ..... 36 under rule 74(2)(c) of the karnataka panchayath raj (conduct of election) rules, 1993 (hereinafter called as the rules) and the petitioner before this court having secured 359 votes ..... 2 on 11.3.2005 under section 151 cpc and rule 5(4)(h) of karnataka civil rules of practice, 1967 (hereinafter called as the '1967 rules') and the suit was converted into a ..... required under section 15 of the act was on the date of presentation of the petition under sections 19 and 20 of the act as security ..... p.2 cannot be accepted as evidence as the maintenance of such document is not contemplated either under the act or the rules thereunder and therefore, he submits that the acceptance of ex.p.2 by the trial court is illegal, which has resulted ..... section 15 of the act .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2001KAR29; 2001(3)KarLJ418
..... the opinion that petitioner should be retired in public interest has been formed by the state government and the governor has passed the order of retirement under rule 285(4) acting on such opinion; and that the notification dated 10-12-1996 retiring him with immediate effect is illegal as it is not issued based on the opinion of the high court. 60. ..... the high court considered his case for retirement in public interest under section 285(4) of the karnataka civil service rules ('kcsr' for short) on 15-11-1996. ..... (ii) failure to submit the annual statements of assets and liabilities for the years 1981 to 1986 as required under rule 23 of the karnataka civil services (conduct) rules, 1966 and later giving a false explanation in his letters dated 11-10-1988 and 15-10-1988 that he had in fact submitted the statements to the high court ..... the said decision of the high court was communicated to the chief secretary to government of karnataka as per letter dated 26-11-1996 with a recommendation to retire him from service immediately by paying three ..... in fact subsequently an enquiry has been held in regard to the three charges and inquiry report dated 29-6-1993 has been submitted holding that the charges are proved and punishment has been imposed and the punishment imposed ..... on the other hand, on account of blemishless service rendered by him, he should have been considered for promotion to supertime scale retrospectively with effect from the date his juniors were promoted to supertime scale. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR1821; 1995(3)KarLJ433
..... he contends that in view of the provisions under section 19(1)(d) iv of the panchayath raj act, 1993, and election petition can be filed before the munsiff who is the proper forum. ..... the election cannot be questioned except by an election petition under section 19 of the panchayath raj act.for all the aforesaid reasons, i see no ground for interference and this writ petition is accordingly dismissed. ..... the election of the members of the zilla panchayath are held under the karnataka panchayath raj act, 1993. ..... section 19 of the panchayath raj act lays down the grounds for declaring election to be void and constitutes the munsiff as the proper forum for challenging the election. ..... to have secured 18 votes over and above the nearest rival candidate and that there was no warrant for further recounting of votes and the result of the elections should have been declared under the karnataka panchayath raj (conduct of elections) rules of 1993. ..... clause (4) of the sub-section (1)(d) is as follows:-'by any non-compliance with the provisions of this act or of any rules or orders made thereunder, the munsiff shall declare the election of the returned candidate to be void'.it is therefore to be held that the petitioner has a right to challenge the election before the munsiff concerned by filing an election petition under section 19 on the ground that there is non-compliance of the provisions of the act or of any rules or orders made thereunder.7. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2000Kant43; ILR1999KAR3582; 1999(6)KarLJ63
..... person shall not be deemed to belong to the weaker section of the people if: (i) he or his family has in both the two years immediately preceding the first day of april, 1979, been assessed to property or house tax in respect of buildings or lands, other than agricultural lands, under the karnataka municipal corporations act, 1976 (karnataka act 14 of 1977), the karnataka municipalities act, 1964 (karnataka act 22 of 1964), the karnataka village panchayats and local boards act, 1959 (karnataka act 10 of 1959), or any law governing the municipal or ..... the assistant commissioner taluk executive magistrate concerned is hereby directed to decide the matter keeping in view the provisions of sections 5, 6 and 11 of the karnataka debt relief act, 1980 and the observations made above and dispose of the application expeditiously according to law at the earliest in every case not more than nine months period from the date of the ..... the writ petition is allowed and the impugned orders dated 9-7-1992 (annexure-d) and dated 23-2-1993 (annexure-e) passed by the taluk executive magistrate, gokak and the deputy commissioner, bel-gaum, respectively ..... 226 and 227 of the constitution of india arises from the order dated 23-2-1993 passed by the 1st respondent-the deputy commissioner, belgaum district, belgaum, in ..... feeling aggrieved by the order dated 23-2-1993 passed by the deputy commissioner, belgaum, the creditor has come up before this court by way of writ petition under articles 226 and 227 of the .....
Tag this Judgment!Court : Karnataka
Reported in : II(2001)ACC177
..... section 83 of the motor vehicles act, 1988 ('the act', in short) for replacement of the vehicle reads thus:83. ..... replacement of vehicles-the holder of a permit may, with the permission of the authority by which the permission was granted, replace any vehicle covered by the permit by any other vehicle of the same nature.rule 79 of the karnataka motor vehicles rules, 1989 relates to the procedure for replacement of a vehicle covered by a permit, to be validated by a competent authority i.e. ..... sub-section (3) of this rule 79 contemplates that an application filed by any existing operator seeking replacement of the vehicle would be rejected only on either of the two grounds. .....
Tag this Judgment!Court : Karnataka
Reported in : 2003(2)KarLJ469
..... the respondent replied to the letter stating that under sub-section x(c) and (1) of section vi no refund can be allowed as the application of the petitioner was fully considered, final orders passed thereon and the final orders were sent to government for consideration. ..... after the decision was taken by the academic council and the syndicate the petitioner on 20-2-2000 wrote to the rajiv gandhi university of health sciences, karnataka to refundthe deposit of rs. ..... the rule governing the refund of application fee for affiliation is the proviso to rule 6(11) of rajiv gandhi university of health sciences, karnataka. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR2434; 1996(3)KarLJ603
..... the learned judges have in the course of a detailed examination of the law referred to the following decisions:-- : (1994)illj162sc ; : (1993)iillj549sc :(1993) lab ic 1808 : 1993 air scw 2400 (11); : 1992(58)elt558(sc) ; (1992) 2 ker lt 476(17); : 1991crilj664 ; : [1991]1scr773 ; : air1990sc1480 ; : air1983ker200 ; : air1979ker171 : : (1973)iillj111sc ; (1973) 3 all er 569 ..... intended to make a distinction between the two, then separate provisions would have been provided for but as far as section 62(b) is concerned, it is very clear that rustication presupposes removal from the institution. ..... reliance is placed on the provisions of section 62(b) of the act whereby the power of rustication is in fact invested with the head of ..... proceeds on the fooling that the final authority in respect of disciplinary matters vested with the vice chancellor of the university and not with the principal and the learned advocates rely on the provisions of section 62(b) as far as the second part of their submission is concerned. ..... that was canvassed on behalf of the petitioners was that the order passed by the principal which is under section 62 of the act is an order without jurisdiction. ..... it needs to be also taken into account that every person, and that would necessarily include students, must be extremely cautious while dealing withincidents that are likely to provoke ..... one needs to take into account that there was no abnormal delay in passing the order in so far as this procedure was completed on .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1966Kant261; AIR1966Mys261; (1966)1MysLJ221
..... the government's policy or action; as government servants they are expected to loyally implement the policy decisions taken by government it is through them the government implements its policy; if the very persons through whom the government acts are avowedly critical of the policy to be implemented then administration would become well nigh impossible. ..... according to them, the freedom to form an association with any lawful purpose must include the right to carry on its affairs and to do all such acts which are necessary to attain the objects of the association. ..... only mean a broadcast to the general public; therefore, according to him what the rule prohibits is the public denunciation of the government's policy or action, the public in the context meaning the general public and not a section thereof. .....
Tag this Judgment!Court : Karnataka
Reported in : 1990(50)ELT21(Kar); 1991(4)KarLJ295
..... merely because a particular period is prescribed in section 11-b of the act that prescription does not take away the right to claim refund of unauthorised levy and thereby deny the persons who have suffered the levy, the benefit of refund. 5. ..... a perusal of the said order indicates that, while the facts stated by the petitioner were not disputed in regard to the classification of goods wrongly under the relevant entries in the act even after coming into force the tariff act, refund has been refused on the ground that it is time barred under section 11-b of the act. ..... therefore, the levy was unauthorised and it is liable to be refunded not withstanding section 11-b of the act. ..... and another [1985(21) elt 655 (karnataka)]. 6. ..... but, after the central excise tariff act, 1985 which was brought into force on 1-3-1986, the products of the company were classified under the chapter heading 87.08 of the schedule to the central excise tariff act 1985 by mistake, instead of classifying the parts and accessories of motor vehicles under chapter heading 87.08 and hydraulic gear pumps under chapter heading 84.13 of the said tariff act as required. ..... claim of refund made by the petitioner/company before the assistant collector of central excise which came to be partly disallowed may be sustained in law and refund of the duty paid under the central excises and salt act, 1944 may be directed by a writ of mandamus. 3. .....
Tag this Judgment!Court : Karnataka
Reported in : (1991)100CTR(Kar)55; [1992]195ITR457(KAR); [1992]195ITR457(Karn)
..... the order of the commissioner (appeals) directing the income-tax officer to consider the payment of commission to foreign agents as qualifying for weighted deduction as admissible under sub-clause (iv) of section 35b(1) without considering the fact that sub-clause (b) (iii) of section 35b of the income-tax act, 1961, has been omitted with effect from april 1, 1978 (sic) ?' 2. ..... sandalwood oil and other goods manufactured by a public sector undertaking belonging to the state government which is now known as karnataka soap and detergents limited. 3. ..... in association with any other person, any expenditure (not being in the nature of capital expenditure or personal expenses of the assess) referred to in clause (b), he shall, subject to the provisions of this section, be allowed a deduction of a sum equal to one and one-third times the amount of such expenditure incurred during the previous year. ..... most of the allowances referred to in section 35b would have been allowed under section 37 of the act as an expenditure laid our or expended wholly and exclusively for the purposes of the business, section 35b was enacted to give weighted deduction, that is to say, the assessee who is entitled to the benefit of section 35b could claim something in excess of ..... if the payment was to an agent and was in the nature of commission, the assessee would not be entitled to claim weighted deduction under section 35b, before the lower authorities nor before the appellate tribunal (vide page 732 of 161 itr). .....
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