Judgment Search Results Home > Cases Phrase: karnataka ports landing and shipping fees act 1961 section 2 definitions Page 1 of about 3,097 results (0.314 seconds)

M/s. Tungabadra Minerals Private Limited Vs. The Chennai Port Trust Re ...

Court : Chennai

..... in view of the reasons explained in the preamble, as guidelines are being formulated to initiate necessary action effectively with a view to curb unauthorised/illegal transportation / export of minerals from the state and with a view to strict implementation of the government rules and in the interest of public, in exercise of the powers conferred indian ports act, 1908 and karnataka ports (landing and shipping fees) act, 1961 (karnataka act 20 of 1961), the government hereby prohibits exporting iron ores from the following 10 minor ports in the state, with immediate effect, until further orders: ad>1. ..... consequently, on the date of allotment order dated 31.01.2010 which is pursuant to letter of the plaintiff dated 07.11.2009, the plaintiff was definitely aware that export of iron ore particularly illegally mined iron ore was banned. ..... it was held by this court that the word impossible used in section 56 of the contract act has not been used in the sense of physical or literal impossibility. ..... this is what this court had to say: the first paragraph of the section lays down the law in the same way as in england. ..... it is thus seen that section 56 of the indian contract act, which reads as follows, cannot be pressed into by the plaintiff:- 56. ..... this being the legal position, a contention in the extreme form that the doctrine of frustration as recognised in english law does not come at all within the purview of section 56 of the indian contract act cannot be accepted. 30. .....

Chief Marketing Officer Vs. Sudhakar Krishnappa Kamath

Court : Karnataka

Reported in : AIR1986Kant169

..... in the new state of karnataka which came into being, on 1-11-1956, the madras commercial crops market act, 1933 (madras act xx of 1933) was in force in bellary district, and the madras area: the bombay agricultural produce markets act, 1939 (bombay act xxii of 1939) hereinafter referred to as the 'bombay act', was in force in the bombay area; the hyderabad agricultural market act, 1339f (hyderabad act 11 of 1939 fasli), hereinafter referred to as the 'hyderabad act' was in force in the hyderabad area; the mysore agricultural ..... (3) the powers conferred by this section upon the market committee shall be exercised subject to the rules made in this behalf by the government: rule 45 framed under the hyderabad act reads: '45 miscellaneous powers subject to control: - the market committee shall exercise all their powers subject to the general control of the secretary to government, marketing department and in particular no bye-law or agreement shall be prescribed, no fresh fee levied, no weights or scales approved, no conditions of any agreement or license added ..... -- (1) subject to such conditions as may be provided in the rules land with the previous approval of the chief marketing officer, the market committee may appoint by promotion or otherwise such officers and servants other than those specified under ss. .....

State of Kerala Vs. Joseph Antony

Court : Supreme Court of India

Reported in : AIR1994SC721; 1994(1)KLT904(SC); 1993(4)SCALE326; (1994)1SCC301; [1993]Supp3SCR531

..... section 2(d) of the act defines 'fishing vessel' to mean 'a ship or boat' whether or not fitted with mechanical means of propulsion, which is engaged in sea-fishing for profit and includes - (i) catamaran (ii) country craft and (iii) canoe engaged in sea- ..... cmfri (1980) has observed in the marine fisheries information service bulletin no.24 as follows, 'one of the disquieting aspects of purse seining noted along the karnataka coast in 1979 was the usually large catch of oil sardine in ripe running condition during the first week of june. ..... the contrary, purse seines, particularly of mesh size used in the whitebait fishery, have been reported to be landing significant quantities of young and juvenile mackerel both of at mangalore and cochin, thereby reducing considerably the size at first capture and accelerating the process of recruitment and growth over fishing. ..... the revival of the oil sardine fishery in 1981, there was a substantial increase in the effect by the traditional fishery which was able to provide regular supplies and attract wholesale and retail traders in large numbers to the traditional landing centers. ..... but as per the fish landing statistics the total fish landing exceeds the above limit-maximum sustainable ..... 1980, however, the extremely low catches of oil sardine did not bring about a price increase at the landing centers on account of the regular supply of purse seine catches, as seen from the average prices of 50 paise in 1979, 50 paise in 1980 and 60 paise 1981. .....

Md. Zakir HussaIn Vs. State of Assam and ors.

Court : Guwahati

..... the inference that the vesting of the land acquired by the central government under section 3a is absolute in title, rights and interest is strengthened from the fact that section 3f of the nh act, 1956, clearly lays down that it shall be lawful for a person to enter and do other acts necessary upon the land for carrying out the building, maintenance, management or operation of a national highway only when such person is 'authorized' by the central government. ..... a statutory transfer of this kind may be either-absolute (as in the previous example) or limited; thus, where an act of parliament enacts that a street shall vest in a local authority, this means that the surface of the land, and so much of the soil as is necessary for its use as a street, shall be transferred to the authority.87. ..... is that the gmc has no power to apply the 1997 bye-laws to impose toll on vehicles and animals passing over the national highways nor can it collect fees for parking vehicles on the national highway in short, even if the 1997 bye-laws is found to be, otherwise, a valid piece of legislation, the word 'place', occurring in the definitions of the words 'check-gate' and 'parking place' in the 1997 bye-laws, shall be read subject to the condition that ..... reference may be made to state of karnataka v. ..... a toll was thus a tribute or custom paid for a privilege, generally for passage over or for using a bridge, road, ferry, railway and sometimes for occupation of market, port anchorage, etc. .....

Tahira Rehman and Another Vs. M/s. Manipal Sowbhagya Nidhi Ltd., Repre ...

Court : Karnataka

..... rupees made on the basis of a negotiable instrument as defined in the negotiable instruments act, 1881 (central act xxvi of 1881) other than on the basis of a promissory note; (i) except for the purposes of sections 28 and 28,-- (i) a loan to a trader; (ii) a loan to a money-lender who holds a valid licence; or (iii) a loan by a landlord to his tenant for financing of crops or seasonal finance of not more than fifty rupees per acre of land held by the tenant; (10) "money lender" means,- (i) an individual; or (ii) an undivided hindu ..... considering the totality of circumstances of the case particularly, contractual rate of interest agreed between the parties at 26.5% per annum, with monthly rests, arising out of a commercial transaction as explained in explanation-ii read with proviso to section 34 cpc coupled with sections 3(3) and 5 of the interest act, we find that ends of justice would be met by awarding simple interest at 12% per annum from the date of filing of the suit till the realisation. ..... firstly, the court below had no jurisdiction to entertain the suit to sue much against the bar provided under the karnataka money lenders act, 1961 ('act' for short). ..... in order to establish the same, the definition clause of section 2(10) of the act was referred to, interalia referring to section 2(9) of the act which defines "loan". ..... to analyze whether the plaintiff is a trader, it has to be examined with reference to the definition clause of trader which includes a contractor. ..... definitions. .....

Mrs Tahira Rehman, Vs. M/S Manipal Sowbhagya Nidhi Ltd.,

Court : Karnataka

..... rupees made on the basis of a negotiable instrument as defined in the negotiable instruments act, 1881 14 (central act xxvi of 1881) other than on the basis of a promissory note; (i) except for the purposes of sections 28 and 28,-- a loan to a trader; (i) (ii) a loan to a money-lender who holds a valid licence; or (iii) a loan by a landlord to his tenant for financing of crops or seasonal finance of not more than fifty rupees per acre of land held by the tenant; (10) "money lender" means,- (i) an individual; or (ii) an undivided hindu ..... the totality of circumstances of the case particularly, contractual rate of interest agreed between the parties at 26.5% per annum, with monthly rests, arising out of a commercial transaction as explained in explanation-ii read with proviso to section 34 cpc coupled with sections 3(3) and 5 of the interest act, we find that ends of justice would be met by awarding simple interest at 12% per annum from the date of filing of the suit till the 30 realisation. ..... firstly, the court below had no jurisdiction to entertain the suit to sue much against the bar provided under the karnataka 7 money lenders act, 1961 ( act for short). ..... in order to establish the same, the definition clause of section 2(10) of the act was referred to, interalia referring to section 2(9) of the act which defines loan . ..... to analyze whether the plaintiff is a trader, it has to be examined with reference to the definition clause of trader which includes a contractor. ..... definitions. .....

Omni Forge Pvt. Ltd. Vs. Assistant Commissioner of Commercial Taxes an ...

Court : Karnataka

Reported in : ILR2004KAR4260; (2008)11VST125(Karn)

..... the view that the order passed by the assessing authority for the aforesaid assessment years were irregular, improper and prejudicial to the interest of the revenue, issued a notice to the petitioner under section 21(2) of the act, inter alia directing the petitioner to show cause why the order of assessment passed by the assessing authority should not be revised and the sale of forgings manufactured and sold by the petitioner to his customers should not be treated as parts of machinery ..... authority for the assessment years 1990-1991 and 1991-1992 had passed assessment orders both under kst and cst act and had levied tax at 4% treating the goods manufactured and sold by the petitioner company as declared goods under section 14 of cst act 1956 read with section 5(4) of kst act, 1957.6. ..... of the tribunal appears to be that the process of production of forgings makes it clear that the end product would be rough and unmachined and the process of 'proof machining' carried out by the assessee on the rough and unmachined forgings would change the character of forgings and therefore, the revisional authority was justified in revising the orders of assessment passed for the assessment years in question.11. ..... assessee is also a dealer registered under the provisions of the karnataka sales tax act ('kst act' for short) as well as the central sales tax act ('cst act' for short).3. ..... such products as wrenches, crank shafts, axles and aircraft landing supports etc.metals are composed of crystals. .....

The Commissioner of Central Excise Vs. Shruti Colorants Ltd.

Court : Mumbai

Reported in : (2008)110BOMLR3251; 2008(133)ECC197; 2008(159)LC197(Bombay); 2009(233)ELT171(Bom); 2009[13]STR358

..... the court then while considering the provisions of section 18(1), 18(2) and 18(3) of the land acquisition act, 1894 clearly held that condonation of delay in filing a reference or even in invoking the provisions of section 28a, would be impermissible and application under section 18(2) has to be made within the time fixed.27. ..... sita ram agarwal 2003 sc 1543 while the court dealing and construing the provisions of rajasthan premises (control of rent and eviction) act as amended by rajasthan act 14 of 1976 in relation to eviction of a tenant and default of payment of rent, held that section 5 of the limitation act was inapplicable as sub-section (4) of section 13 was mandatory in its terms. ..... or the other party aggrieved by any order passed by the appellate tribunal may file an appeal to the high court and such appeal under this sub-section shall be -(a) filed within one hundred and eighty days from the date on which the order appealed against is received by the commissioner of central excise or the other party;(b) accompanied by a fee of two hundred rupees where such appeal is filed by the other party;(c) in the form of a memorandum of appeal precisely ..... the provision is definitely unambiguous and does not admit of any laxity by the party concerned in relation to the period of limitation. ..... state of karnataka : [1998]1scr553 . ..... in the case of state of karnataka v. .....

V.Sekar Vs. State by Inspector of Police.

Court : Chennai

..... any reason, if this court finds that the law laid down by the constitution bench in p.ramachandra rao case, occupies the subject/area which has been dealt with in b.s.joshi case, nikhil merchant case and other judgments referred to above, there can be no doubt that this court is bound to follow the law laid down in p.ramachandra rao case alone since the same has been laid down by a constitution ..... trying an accused or hearing an appeal against conviction, may not be competent to permit compounding of an offence based on a settlement arrived at between the parties in cases where the offences are not compoundable under section 320, the high court may quash the prosecution even in cases where the offences with which the accused stand charged are non-compoundable. ..... there can be no doubt that a case under section 302 ipc or other serious offences like those under sections 395, 307 or 304-b cannot be compounded and hence proceedings in those provisions cannot be quashed by the high court in exercise of its power under section 482 crpc or in writ jurisdiction on the basis ..... the hypertechnical view would be counterproductive and would act against interests of women and against the object for which this ..... state of karnataka reported in 2002 scc (cri) 830 wherein the hon'ble supreme court has made the following observations: legislation is that source of law which consists in the declaration of legal rules by ..... our survey with the judgment of the hon'ble supreme court in state of karnataka vs. .....

Hindustan Petroleum Corporation Limited Vs. State of Karnataka and ors ...

Court : Karnataka

Reported in : 2009(6)KarLJ11; 2009(4)AIRKarR352

..... , converting the land which was earlier having the character of agricultural land into an industrial land and without obtaining the prior permission of the second respondent as required under section 14 of the karnataka town and country planning act, 1961 (for short, the ktcp act) and therefore the petitioner was required to first pay this amount before going ahead with any developmental activity.3. ..... meaning of section 2(7) of the ktcp act but also an authority as per clause (a) of section 2 of the kuda act read with section 3 of the kuda act and therefore it is competent to regulate and enforce the provisions of both these enactments in the areas coming under the two enactments and it is for this reason it is contended that the provisions of the kiad act does not in any way detract from the powers of the second respondent for levy and collection of betterment fee; that the fee is sustainable and no interference is warranted and the ..... :(a) road, bridge, airport, port, inland water ways and inland ports, rail system or any other public facility of a similar nature as may be notified by the state government from time to time;(b) a highway project including housing or other activities being an integral part of that project;(c) water supply project, irrigation project, sanitation and sewerage system;(d) a tourism project with an investment of not less than rupees one hundred crores as may be notified by the state government from time to time ..... definitions. .....