Court : Karnataka
Reported in : AIR1985Kant70; ILR1984KAR349; 1984(2)KarLJ162
..... we are not inclined to agree with this reasoning expressed by the learned single ridge in view of the following reasons, so far it relates to r.6 of the karnataka high court rules :the supreme court has in prabhunarayan's case : [1975]3scr552 considered r.9 of the madhya pradesh high court rules, regarding election petitions framed under art. ..... in these rules, unless the context indicates the contrary, (a) 'high court', 'this court' or 'the court' means the high court of karnataka established under the constitution of india and in accordance with the provisions of sub-sec. (2) of s. ..... act in the revision petition under s.50(2) of the karnataka rent control act, 1961 (hereinafter referred to as the act) ought to have been filed within 90 days from the date of the passing of the order as that would be the period prescribed under the limitation act. ..... there is no provision in the act or the rules which are called karnataka rent control rules framed under the act, prescribing a period of limitation for filing an application to either the high court or to the district judge requesting that a particular order may be revised in exercise of the revisional powers under s. ..... ' (underlining is ours) this section vests the high court with ample powers to make rules to regulate its own procedure and the procedure of the courts subordinate to it. ..... 267 of 1975 allowing the petition for eviction of the present petitioner. i.a. no. .....
Tag this Judgment!Court : Karnataka
Reported in : [1985(51)FLR15]; (1985)ILLJ243Kant
..... panchayat raj act to remove a pradhan of a panchayat from his office included the power to place him under suspension pending inquiry. ..... concerned civil servant becomes entitled to subsistence allowance under the rules, as in such a case unless he is taken back to duty he would be deemed to be placed under suspension as provided in the relevant rules regulating condition of service (see rule 10(4) of the karnataka civil services (cca) rules and rule 10(4) of the central civil services (cca) rules, 1965) ..... in view of the scheme of these acts summarised above and the language of these sections, the general principle laid down in the case of the queen v. ..... further, if the purpose of the section was to invest all the authorities named therein with power to decide industrial disputes, one would have expected some provision enabling them to make and submit an award to which the provisions of the act would apply such as is provided in s. ..... power being thus conferred by one and the same section, it cannot mean one thing in relation to the conciliation officer or the board and a different and larger thing in relation to the tribunal. ..... (2) requires the authority exercising power under that sub-section to pass an order in relation to the application made by the management expeditiously. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR244; 1985(1)KarLJ31; (1985)IILLJ63Kant
..... alia, the three relevant laws which are in force are (i) karnataka shops and establishments act, (ii) payment of wages act, and (iii) contract labour act. ..... padmarajaiah, the learned counsel for the petitioner, contended that the provisions of the act were not applicable to the petitioner and the view taken to the contrary by the first and ..... as can be seen from the above provision, the act applies to every establishment within the meaning of any law for the time being in force in relation to such establishments in a state in which ten or ..... the provisions of the act are attracted, even though there are regulations regulating the payment of gratuity which are applicable to the petitioner establishment, the provisions of the act do not get excluded for ..... the regulations governing the petitioner-establishment, a person who has tendered resignation is not entitled to gratuity, if under the act he is entitled to it, the same cannot be denied. ..... counsel submitted as follows : the provident fund organisation was a trust constituted under the provisions of the employees' provident fund (staff and conditions of service) regulations act, 1962 by the central government. ..... provident fund commissioner, bangalore, praying for quashing the order of the assistant labour commissioner (central) allowing the application of the third respondent for payment of gratuity under the payment of gratuity act ('the act for short) which order has been confirmed by the appellate authority functioning under the act. 2. .....
Tag this Judgment!Court : Karnataka
Reported in : [1986]60CompCas700(Kar); ILR1985KAR1402
..... 549 of the companies act, the respondents stand almost in the place of the accused inasmuch as they are answerable to the misconduct alleged against them. ..... 549(1) of the companies act, 1956, pending in this court. ..... 549 of the companies act. ..... the companies (courts) rules, 1959, made by the supreme court provides for following the procedure prescribed in the cpc as far as possible in proceedings under the act. 5. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR301
..... at the same time, the respondents may not revert him solely because of his success in thepetition after having obtained his services without any objection from the public service commission from 1967 till today.4. .....
Tag this Judgment!Court : Karnataka
Reported in : 1985(5)ECC118; 1992(61)ELT429(Kar); [1985]59STC87(Kar)
..... but the commissioner of commercial taxes in exercise of his suo motu revisional jurisdiction under section 22-a of the act, reversed the orders of the deputy commissioner and restored that of the assessing authority. ..... but, subsequently, the assessing authority reassessed the turnover under section 12-a of act, levying the tax at the rate prescribed under entry 125 of the second ..... shukla also contended that the said goods have been classified under the central excises and salt act, 1944 as the products manufactured out of paper, quite different from the ordinary paper for the purpose of levy of excise duty. ..... the decision proceeded on the meaning to be given to the given to the word 'paper' occurring in section 2(a)(vii) and section 6-a of the essential commodities act, the ratio of the decision has been extended even in respect of the word 'paper' occurring in the orissa sales tax act. ..... could be classified as 'paper', within the scope of entry 125 of the second schedule to the karnataka sales tax act, 1957 (hereinafter referred to as 'the act') ?' 2. ..... was urged that the goods in question were in the nature of 'continuous stationery' and as such, the sale turnover was liable to be taxed under section 5(1) of the act. ..... deputy commissioner allowed both the appeals and directed uniform levy under section 5(1) of the act. ..... the assessment year 1973-74, the turnover returned by the assesses-company was assessed by the assessing authority at the rate prescribed under section 5(1) of the act. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1985Kant240; ILR1985KAR2239; 1985(2)KarLJ367
..... was justified in refusing to stay further proceedings in a suit for eviction pending against the defendants till the disposal of a fair rent application under the karnataka rent control act, 1961 (the act), subsequently filed by the defendants before the controller under the act, seeking fixation of fair rent in respect of the nonresidential premises concerned in the suit, is the short question which arises for determination in this revision petition ..... portion of that decision, as excerpted above, it was strenuously urged, was that irrespective of the fact, whether a fair rent application in respect of a non-residential premises was filed under the act prior or subsequent to the filing of the suit, proceedings in the suit should be stayed awaiting the result of the fair rent application. ..... a suit pending against him for eviction, could arise when, after the filing of such suit, he makes an application for fixation of fair rent before the controller under the act and then makes a further application for stay of further proceedings in the suit, pending decision on such application. ..... commenced and about five years subsequent to the filing of the suit, the defendants are said to have filed before the controller under the act, a fair rent application seeking fixation of fair rent of the said nonresidential premises at rs. ..... /- or less per month he would be entitled to the protection of the rent act which determination will have impact on the suit, subject, of course, to other contentions .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1987Kant29; 1985(1)KarLJ139
..... , 1984, passed by the karnataka state transport appellate tribunal (hereinafter referred to as kstat) jn appeals nos. ..... under these circumstances, it is not possible to hold that the second respondent has acted in contravention of the decisions of this court in writ petn. no. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1986Kant198; ILR1985KAR2921
..... the rent controller after hearing the counsel for the parties before him proceeded to fix the rent by increasing 100% which is the maximum permissible under the act for non-residential premise.but a perusal of the order shows that he did not either receive evidence or direct the parties to lead evidence in order to have a correct picture of the situation existing in 1981 or observe the ..... 50(l) of the karnataka rent control act. ..... therefore, the petition is allowed the order of the rent controller is set aside with a direction that he shall pay attention to the guidelines contained in the act for arriving at the fair rent to be paid by the tenants. ..... in that sense, the order is clearly illegal as it is bald and no proper reasons are given in accordance with the guidelines provided in the act itself.3. ..... 14 of the act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR888
..... section 232(2) of the karnataka village panchayat and local boards act, reads as :'no suit or other legal proceedings shall lie against the government, the commissioner, deputy commissioner, assistant commissioner, tahsildar or any other officer or government or a panchayat or taluk board or any member, officer, servant or agent of such panchayat or taluk board acting under its direction, in respect of anything done or purporting to have been done lawfully and in good faith under this act or any rule, bye law, regulation or order made thereunder. ..... therefore, section 232(2) of the karnataka village panchayat and taluk boards act, bars the suit of the present nature. ..... defendants 1 and 2 resisted the suit contending that the suit was barred under section 232(2) of the karnataka village panchayat and local boards act, 1959.4. ..... he, instead of approaching the appropriate forum, had come up with a suit, which is clearly barred under the karnataka village panchayat and local boards act.6. ..... shankappa, major land-holder and village panchayat chairman, rangenahally, tarikere taluk.the very description of defendant no. ..... defendants 1 and 2 are described as : --(1) mudugodu group panchayat by its secretary, mudugodu, rangenahalli, tarikere taluk. ..... 'defendants 1 and 2, while trying to carry cut the order of the assistant commissioner, are purporting to act in good faith and as servants or agents of the assistant commissioner. ..... the suit is filed against him as village panchayat chairman itself. .....
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