Court : Karnataka
Reported in : ILR1990KAR278; 1990(1)KarLJ176
..... superintendent of bangalore central prison should be directed to examine his case for releasing him from prison by giving the benefit of remission rules and section 428 of the code relating to set off of the period of detention of a person as under-trial prisoner against the term of imprisonment imposed on him on conviction for an offence, as prevailing on 4-6-1977, the date on which ..... senior superintendent of the bangalore central prison for his premature release by giving him the benefit of remission under the remission rules and the set off of the pre-conviction detention provided for under section 428 of the code, being denied on the plea that the provision relating to serving of mandatory minimum sentence of fourteen years by a person sentenced to undergo life imprisonment being found guilty of an ..... a person undergoing a sentence of imprisonment for life imposed on conviction for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under section 433 of the code into one of imprisonment for life, shall not be released from prison unless he had served atleast fourteen years of imprisonment, was not attracted to the writ petitioner's case and that the ..... gupta, government advocate appearing for the state of karnataka, on the basis of the averments in the counter-affidavit of the senior superintendent of the bangalore central prison .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR765; 1990(1)KarLJ258
..... all these writ appeals can be dealt with under a common judgment, as they raise a common question of law as to the scope of interpretation of section 135(3) of the karnataka zilla parishads, taluk panchayat samithis, mandal panchayats and nyaya panchayats act, 1983 (for short 'the act'). ..... we do not know how such an interpretation is possible having regard to the plain language of section 135(3) of the act, when the panchayat samithi merely calls upon the government to issue a notification with regard to its constitution or in other words formation. ..... therefore, even without that expression the imperative clause 'shall' and the accent on the absence when alone the right of taluk panchayat samithi to elect the chairman would arise, brings out the intention of the legislature very clearly and the language as we see it is precise enough to modern interpretation as we have done.12. ..... the pith and substance of such circular is, that by reason of the general elections held in the state, the members of the legislative assembly who have been newly elected shall be entitled to be the chairman of the taluka panchayat samithis and those elected shall have to vacate the office except during the non--availability of all those members of the assembly. ..... grahapa: 26 thapasa 89, issued by the director, department of rural development and panchayat raj.2. .....
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(61)FLR556]; ILR1990KAR2244; 1991(4)KarLJ568; (1991)IILLJ254Kant
..... the claim made by the employees of karur vysya bank employees union for payment of higher percentage of bonus for the accounting year 1981, the bank requested the central government to make a reference under section 10 of the industrial disputes act to the central government industrial tribunal-cum-labour court, bangalore. ..... therefore a section of the employees who are serving in the state of karnataka are also claiming that they are entitled to higher ..... had not rendered any part of his service in the state of karnataka probably the contention would have been accepted. ..... by the aforesaid endorsement stated that the subject-matter of the industrial dispute was covered under the provisions of the payment of bonus act, 1965, therefore, the central government was not inclined to refer the dispute for adjudication to a tribunal. 4.2. ..... part of the cause of action has arisen in the state of karnataka. ..... not in dispute that the higher payment of bonus involved in the dispute also covers the employees who are serving in the branch offices of the bank in karnataka. ..... in dispute that there are nine branches of the bank in the state of karnataka. ..... this court extends over the territories which comprise in the state of karnataka. ..... the endorsement holding that as long as the demand involves a claim for payment of higher percentage of bonus for the accounting year 1981, there will be a dispute falling under the industrial disputes act, therefore, there is no justification for refusing to make a reference. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1991Kant79
..... being under the mistaken impression that their transactions are purely intra-state not controlled by the statute in question have become liable under the act for omissions and commission or non-observance of the act and now that they are all conforming to the requirements of the act, it will be in fitness of things for the government to examine the feasibility of withdrawing or dropping the prosecution that may have been ..... protected only in his hands and therefore the requirement under the rules obligating the manufacturer to disclose the maximum price also surpasses my comprehension because a reference to the provisions of the act will reveal that the obligations are not merely upon the retail traders but also on all persons dealing with goods starting from the stage of manufacture right up to the stage of sale to ..... section 33 of the said act makes provisions for the application of the provisions of the act and the rules made thereunder with regard to commodities in packaged form, mutatis mutandis, which are distributed, sold or kept, offered or exposed for sale in the state as if the provisions of the act were enacted under the provisions of the 'enforcement act' and the state government is empowered to make rules not inconsistent with that act or ..... almost always the consumer movements are poorly financed, usually unpaid and often not very impressive in their presentation of facts and conclusions, they nevertheless are able to encounter a generally sympathetic public with .....
Tag this Judgment!Court : Karnataka
Reported in : (1995)IIILLJ859Kant
..... it is well-established that the discretion to refer a dispute for adjudication is neither unfettered nor arbitrary, for section 10(1) clearly provides that there must exist an industrial dispute as defined in the act or such dispute must be apprehended before the government decides to refer it.12. ..... is the action of the management of p.v desai, tobacco merchants and commission agents, dallapalpatti, nipani, in declaring a permanent closure with effect from 12th march, 1984, bonafide?ii. ..... the learned conciliation officer, after recording the factual report and the bona fides of the management, in closing down the unit, after offering the workmen their dues as stipulated under section 25ffa of the act, has sent a failure report to the government.10. ..... under section 10 of the act, where the appropriate government is of the opinion that any industrial dispute exists or is apprehended, it may, at any time by order in writing, refer the dispute for adjudication to the competent court having jurisdiction in accordance with the act.11. ..... and remained absent, the company was closed permanently with effect from 12th march, 1984, and necessary notices-were sent to all the workmen to receive the retrenchment compensation in accordance with the provision of sections 25-f and 25-ffa of the industrial disputes act, 1947 (hereinafter referred to as 'the act'). .....
Tag this Judgment!Court : Karnataka
Reported in : [1993]89STC190(Kar)
..... facts and circumstances of the case, the tribunal was right in law in confirming the impugned penalty levied under section 12-b(3) of the act whether the penalty so levied is valid and sustainable in law (ii) whether, on the facts and circumstances of the case, the tribunal was right in law in holding that there was a clear contravention of section 12-b(1) of the act warranting the levy of penalty (iii) whether, on the facts and circumstances of the case, the tribunal was right ..... the assessee was aggrieved by the order dated march 28, 1981, passed by the commercial tax officer, i circle, bangalore, in purported exercise of his power under section 12-b(2) of the karnataka sales tax act, 1957, pertaining to the assessment year 1977-78. 2. ..... accordingly, we set aside the order of the tribunal, first appellate authority and the assessing authority passed under section 12-b(3) of the act and remit the matter to the assessing authority to give further opportunity to the assesses-petitioner to produce material in support of his contention that his disability to pay was on account of the money held up by his purchasers on the ..... state of karnataka [1983] 54 stc 341 wherein this court observed that the power conferred by section 12-b(3) of the karnataka sales tax act was penal in nature and the authority should exercise the power judicially and on a consideration of all the circumstances. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR4355
..... : ilr1989kar3572 (contempt of court case - criminal - 8/84) a bench consisting of drvj and kbnj framed the following questions for consideration:-'(1) whether the period of limitation prescribed by section 20 of the act is attracted to case of contempt of the high court which is a court of record initiated under article 215 of the constitution? ..... the observations of the supreme court in the two cases cited supra, in our opinion, show that section 20 would be attracted even in respect of proceedings for contempt initiated for contempt of the high ..... in para 87 it is observed thus:'it is clear from the facts in the case as well the observations, excerpted above, that the supreme court has expressly referred to section 20 in connection with the powers of the high court under article 215 of the constitution. ..... conflicting decisions on the interpretation of section 20, contempt of courts act and its effect on article 215 of the constitution of india, have given rise to the following question:-whether the period of one year prescribed in section 20, contempt of courts act is applicable to contempt proceedings under article 215 of the constitution, in respect of contempt of high ..... it was nevertheless held that contempt proceedings arising out of proceedings in this court initiated after one year, from the alleged date of commission, could not be entertained. ..... court of karnataka v. y.k ..... the light of this discussion, the reasoning adopted in high court of karnataka v. y.k. ..... court of karnataka v. y.k. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR4364
..... the appellant; equally no 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 ..... measures which the legislature thought fit necessary to enforce in regard to such workmen have been specifically dealt with and appropriate provisions have been made to carry out the policy of the act as laid down in its relevant section....the preamble to the act shows that it was passed because the legislature thought it expedient to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain ..... the appellant -- karnataka food packers -- has preferred this appeal against the order dated 29-5-1982 passed by the employees state insurance court, mangalore, in esi application ..... 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 respect of those .....
Tag this Judgment!Court : Karnataka
Reported in : 1991(33)ECC160; 1992(57)ELT12(Kar)
..... the godowns of the petitioner as well as in the factory premises of some other factories and after seizing the same, issued notice under section 11a of the central excises and salt act calling upon the petitioner-company to show cause why the goods manufactured by the 3 units to made use of by them should not be ..... we may illustrate the same by pointing out that prior to 1981, rule 2(ii) read as follows :- '2(ii) 'collector' means - (a) in relation to excisable goods other than salt, - (a) x x x x x x x x x x x x x x x (b) x x x x x x x x x x x x x x x (c) x x x x x x x x x x x x x x x (d) x x x x x x x x x x x x x x x (e) in the state of karnataka, the collector of central excise, mysore; (f) x x x x x x x x x x x x x x x (g) x x x x x x x x x x x x x x x (h) x x x x x x x x x x x x x x x (i) x x x x x x x x x x x x x x x (j) x x x x x x x x x x x x x x x (k) x x x x x x x x x x x x x x x (l) x x x x x x x x x x x x x x x (m) x x x x x x x x x x x x x x x (n) x x x x x x x x x x x x x x x (o) x x x x x x x x x x x x x x x (p) x x x x x x x x x x x x x x x (q) x x x x x x x x x x x x x x x (qq) x x x x x x x x x x x x x x x (r) x x x x x x x x x x x x x x x (s) x x x x x x x x x x x x x x x (t) x x x x x x x x x x x x x x x (u) x x x x x x x x x x x x x x x (v) x x x x x x x x x x x x x x x (w) x x x x x x x x x x x x x x x (x) x x x x x x x x x x x x x x x (y) x x x x x x x x x x x x x x x (b) in relation to salt, the salt commissioner; and includes any officer specially .....
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