Court : Karnataka
Reported in : ILR1991KAR3843; 1992(1)KarLJ358
..... after the coming into force of the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (the act for short), the petitioner filed an application before the assistant commissioner for restoration of the land in his favour on the ground that it was sold in favour of respondent-4 in contravention of the condition of the grant4. ..... aggrieved by the said order, respondent-4 filed an appeal before the deputy commissioner under section 5a of the act. ..... was granted in favour of the father of the petitioner with a non-alienation clause; that against the said condition the land was sold and that therefore the sale was null and void under section 4 of the act. ..... state of karnataka, 1989(1) klj 294 approved the view in both the cases. ..... he further directed restoration of the land in favour of the petitioner as per section 5 of the act5. .....
Tag this Judgment!Court : Karnataka
Reported in : [1992]198ITR753(KAR); [1992]198ITR753(Karn)
..... the following question referred to us under section 256(1) of the income-tax act, 1961, requires our consideration : 'whether the initial expenditure on the construction of building and purchase of machinery and the subsequent transfer of these assets to the laxman isola limited without any apparent profit motive and ..... , after the reverse bank had give permission by letter dated september 9, 1977, under the foreign exchange regulation act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR4303; 1992(1)KarLJ462
..... appellants were nominated by the state government in exercise of its power under section 29(1) of the karnataka co-operative societies act, 1959 (hereinafter referred to as the 'act') on 30th april 1991 as directors of the 7th respondent - the muslim ..... put-forth the following contentions:that the provisions of clauses (b) and (d) of sub-section (1) of section 29 of the act were satisfied; therefore, the state government was well within its power in nominating the appellants as directors of the 7th respondent-society; that at any rate the loan advanced to the 7th respondent-society fell under section 53 of the act, therefore, the state government was entitled to nominate on the committee of the 7th ..... co-operative society, the state government or any authority specified by the state government in this behalf, shall, notwithstanding anything contained in this act or the rules or the bye-laws of the co-operative society, but subject to any notification or order, for the time being in force, issued or made under section 54 or 121, have the right to nominate as its representatives not more than three persons or one third of the total number of ..... that the words 'augmentation of the share capital of a co-operative society as provided in chapter vi' occurring in clause (b) of section 29(1) of the act read with section 53, which also falls under chapter vi of the act take into their fold a loan advanced by the government to a co-operative society; that as in the instant case, undisputedly a .....
Tag this Judgment!Court : Karnataka
Reported in : [1994]205ITR554(KAR); [1994]205ITR554(Karn)
s.p. bharucha, c.j. 1. this is a reference at the instance of the revenue relating to the assessment year 1982-83. 2. the question that we are required to answer reads thus : 'whether, on the facts and in the circumstances of the case, the appellate tribunal is right in law in confirming the orders of the commissioner of income-tax (appeals) who directed the income-tax officer not to deduct the value of the central subsidy received from the central government from the cost of the assets for the purpose of allowing depreciation ?' 3. learned counsel are agreed that the question must be answered in the affirmative and in favour of the assessee in the light of this court's judgment in cit v. diamond dies . : [1988]172itr655(kar) . the question is so answered.
Tag this Judgment!Court : Karnataka
Reported in : [1992]198ITR738(KAR); [1992]198ITR738(Karn)
..... this is a reference under section 256(2) of the income-tax act, 1961, made at the instance ..... 5,21,241 made by the income-tax officer under section 40a(5) and sustained by the commissioner of income-tax (appeals) (2) whether, on the facts and in the circumstances of the case, the appellate tribunal is right in law in holding that non-charging of interest on the debit ..... the interest that was paid was claimed as deduction in the computation of the assessee's income under section 36 of the income-tax act, 1961. ..... , the inclusion of sub-clause (vi) in clause (2) of section 17, in these words : '(vi) where the employer has advanced any loan to the employees for the purposes of building a house on purchasing a site or a house and a site or for the purchasing a motor car, and either no interest ..... section 40a applies, not withstanding anything to the contrary contained in any other provision of the act, to the computation of income under the head 'profits and gains of ..... expenditure which results, directly or indirectly, in the provision of any perquisite (whether convertible into money or not) to an employee, then so much of such expenditure as is in excess of the limit specified in respect of clause (c) of sub-section (5) shall not be allowed as a deduction. ..... in fact, the amendment brought by the taxation laws (amendment) act, 1984, specifically directs that 'perquisite' is to be calculated on the difference in interest rate between the actual borrowing and that levied by the government on the .....
Tag this Judgment!Court : Karnataka
Reported in : [1994]206ITR125(KAR); [1994]206ITR125(Karn)
s.p. bharucha, c.j. 1. the reference is made at the instance of the revenue. it relates to the assessment year 1981-82. the question that is referred reads thus : 'whether, on the facts and in the circumstances of the case, the appellate tribunal is right in law in upholding the order of the commissioner of income-tax (appeals) who directed the inspecting assistant commissioner to include the value of capital work-in-progress and plant and machinery in transit in the computation of capital ?' 2. counsel are agreed that the question must be answered in the affirmative and in favour of the assessee in view of the judgment of this court in ravi machine tools (p.) ltd. v. cit : [1978]114itr459(kar) . 3. the question is so answered.
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR1447; 1992(3)KarLJ137
..... the act repealed the earlier law on the topic, namely, the karnataka village panchayats and local bodies act, 1959, which was considered as not fulfilling the requirements of a full and effective panchayat raj system as envisaged by article 40 of the ..... to the preparation of plans for economic development and social justice and for the implementation of development schemes, sound finance of the panchayats by securing authorisation from state legislatures for grants-in-aid to the panchayats from the consolidated fund of the state, as also assignment to, or appropriation by, the panchayats of the revenues of designated taxes, duties, tolls and fees; setting up of a finance commission within one year of the proposed amendment and thereafter every 5 years to review the financial position ..... , by notification, ' (a) divide the area within the jurisdiction of every zilla parishad, for the purpose of election to such zilla parishad into as many as single member territorial constituencies as the number of members required to be elected under section 140; (b) determine the extent of each territorial constituency which shall be a taluk or part of a taluk; and (c) determine the territorial constituency or constituencies in which seats are reserved for the scheduled castes and scheduled tribes and ..... this behalf, we also point out the fact that even one year period for which the administrators are appointed; which, in our opinion is too long a period; also comes to an end by 13th january, 1993. .....
Tag this Judgment!Court : Karnataka
Reported in : 1994ACJ150; [1993]78CompCas96(Kar); ILR1992KAR2520
..... section 2(a) of the contract act while defining ' consideration ' includes the words ' the promisee or any other person' and that clearly shows that a stranger to consideration can sue. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR3148
..... to hold them either before or after the expiry of the tenure of the mandal panchayats but instead each one of the deputy commissioners of the 21 districts in the state of karnataka with the exception of the districts of gulbarga and dharwad issued notification purporting to stem from section 8 of the act appointing officers of the state government as administrators to take over and run the mandal panchayats after completion of their tenure. ..... their lordships, after interpreting the entry 5 in list 2 to schedule vii, court observed at para 13 of the judgment as follows:'the powers could be exercised by the state government under section 48a of the act only in cases where the state government has extended the term of councillors from five years to six years and such extension is still subsisting, it could not be said that the legislature ..... in the commission of an offence ..... a self-financing scheme, by reason alone of the particular policy behind it was beyond the powers of the local authority, pointed out, that a project otherwise legal would not become any the less permissible because the local authority instead of executing the project by itself, enters into an agreement with the developer for its financing and execution. ..... bhola prasad's case and megh raj's case. ..... fcr 77 (megh raj v. ..... raj ..... raj ..... raj narain : [1976]2scr347 adverting to the argument that the preamble could operate as a limitation on the powers of the parliament to enact legislation, the court said that the 'preamble' though a .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1993Kant103; 1992(4)KarLJ652
..... counsel for the petitioner seeks to rely upon the decision of the andhra pradesh high court in air 1986 ap 62 (fb) to contend that so long as the statutory obligation of the transferor as contemplated under section 31 read with section 94 of the act was not fulfilled by the transferor, the public liability of the insurance company in so far as the third party risk will not cease. ..... in this reference under section 7 of the karnataka high court act, the following questions are referred for the opinion of the full bench :--'(1) whether the full bench decision of this court reported in : ilr1990kar1 (fb) applies to a case only where the transfer of ownership of a vehicle is entered in the certificate of registration as required under section 31 of the motor vehicles act, 1939, and has no application whereat is not so ..... , it is contended that the full bench decision of this court would be applicable only to a case where the transfer of the vehicle has already been recognised under section 31 of the act, this view, according to the petitioner, finds support from the ruling of the division bench in 1990 (2) kar lj 281 (supra).8. ..... disagreed with the view taken by the andhra pradesh high court in air 1986 ap 62 (fb) to the effect that so long as the obligations under the statute are not fulfilled by the transferor as contemplated under section 31 read with section 94 of the motor vehicles act, the public liability will not cease and keeps the policy alive in respect of third party risk. .....
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