Court : Karnataka
Reported in : AIR2002Kant211; ILR2002KAR300; 2003(4)KarLJ331
..... educational institution or class or classes of such institutions--(a) the number of seats set apart as government seats;(b) the number of seats that may be filled up by the management of such institution--(i) from among karnataka students on the basis of merit, on payment of such cash deposits refundable after such number of years, with or without interest as may be specified therein but without the payment of capitation fee; ..... body, including the all india council for technical education, dental council of india, medical council of india and national council for teacher education, established or incorporated by, or under, a central act or a state act, and includes an institution deemed to be a university declared by the central government on the recommendation of the commission under section 3 and all institutions recognised by the cora-mission under clause (f) ..... the promotion and co-ordination of university education and for the determination and maintenance of standards of teaching, examination and research in universities, and for the purpose of performing its functions under this act, the commission may--(a) to (h) ****(i) require a university to furnish it with such information as may be needed relating to the financial position of the university or the studies in the various ..... karnataka act ..... or engineering leading to a degree conferred by a university established under the karnataka state universities act. ..... karnataka education institutions (prohibition of capitation fees) act .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR5088
..... in other words in the enquiry what the land acquisition officer is expected to enquire into is the true area of the land for which he has to pay compensation and bearing in mind sections 23 and 24 of the act, the value of the land acquired and further if there are more than one claimant claiming compensation incidentally he has to go into the question of their respective interests in the land for apportionment of the compensation payable. ..... is any dispute regarding apportionment, deposit such amount in a civil court and require the parties to settle the disputes inter se between them in the competent civil court as section 30 of the kiadb act makes it very clear that the provisions of the land acquisition act, 1894 shall mutatis mutandis apply in respect of the enquiry and award by the deputy commissioner, the reference to court, apportionment of compensation and the payment of compensation, in respect of lands acquired ..... after coming into the force of the karnataka land revenue act 1964 the word phut kharab has been defined under rule 21(2) as under-'during the process of classification, land included as un-arable shall be treated as 'pot kharab'. ..... notification under section 28(1) of the karnataka industrial area development act was issued on 15.4.1997 and final notification was issued under section 28(4} of the act on 16.7.1997. ..... in so far as the acquisition under the karnataka industrial area development act, 1966 is concerned the same is dealt with in chapter-vii of the kiadb act. .....
Tag this Judgment!Court : Karnataka
Reported in : [2001]122STC256(Kar)
..... the petitioner was a registered dealer under the karnataka sales tax act, 1957 (hereinafter called 'the act'), a composite mill having the facility of ginning, pressing, spinning, weaving and processing sought to question the assessment for the assessment years 1985-86 and 1986-87 on the ground that the unginned cotton or 'capas' do not ..... entry 6 of the fourth schedule of the karnataka sales tax act reads as follows :'6. ..... the short point for consideration in this revision is, whether unginned cotton comes within the ambit of cotton under entry 6 of the fourth schedule of the karnataka sales tax act, 1957.2. ..... the claim has been negatived throughout in the appeals provided under the act.3. .....
Tag this Judgment!Court : Karnataka
Reported in : 2004(1)KarLJ297
..... sri nagaraju, learned counsel for the petitioners has vehemently contended that the impugned order is bad in law and violation of the provisions of the karnataka societies registration act, 1960; that it is also bad for being in violation of principles of natural justice; that the order is one passed even without verifying the records properly and even without according proper opportunity to the petitioners to explain ..... the gist of the order passed by the 2nd respondent-district registrar is as under:'exercising the powers conferred on me under section 25 of the karnataka societies registration act, 1960, i mahboob khan, registrar of societies have by order as follows. ..... it is this order dated 1-1-2002 passed by the registrar purporting to be in exercise of powers under section 25 of the karnataka societies registration act, 1960, that is under challenge in this writ petition.5. ..... but, what is challenged in the writ petition is an order passed by the registrar in exercise of statutory powers under section 25 of the karnataka societies registration act, 1960. ..... petitioners are members of the 3rd respondent-association, a society registered under the karnataka societies registration act, 1960. ..... of the order imposing a ban on the petitioners from contesting elections, unless they get a clear chit from the general body of the association is concerned, the same cannot be sustained on the strength of any provisions of the act, which empowers or enables the registrar to pass such an order. .....
Tag this Judgment!Court : Karnataka
Reported in : 2003(2)KarLJ419
..... government advocate while strongly supporting the impugned order pointed out that the only requirement of law as provided under proviso given to sub-section (8) of section 8 of the act before passing the impugned order was to hear the university and the same having been done, the petitioners cannot make any grievance of the order impugned on the ground that ..... this is clear from the view taken by his lordship who has rendered the decision in the case of nagaraj, supra, while considering section 306 of the municipalities act wherein his lordship has observed that 'section 306 of the act may be silent with regard to the hearing of persons who will be affected by the orders made by the state government except the municipal council, but when ..... supplied) further, in the case of mahiboobsab, supra, while considering the provisions of section 306 of the karnataka municipalities act, i have taken the view that before the government nullifies the resolution of the municipal council, the ..... concedes in its objections statement that the appointment of the petitioner as administrative officer in the services of the university is not in conformity with the provisions of act and university statutes'.no doubt, in paragraph 22 of the judgment, this court has also observed that since the university was heard, the person affected need not ..... power conferred on it under sub-section (8) of section 8 of the karnataka universities act, 1976 (hereinafter referred to as 'the act'), nullified the resolution nos. .....
Tag this Judgment!Court : Karnataka
Reported in : (2009)22VST371(Karn); 2009(2)KCCRSN62; 2009(4)AIRKarR436
..... between the factory and its branch, the steps taken from the beginning to the end by the bombay branch in co-ordination with the madras factory showed that the bombay branch was merely acting as the intermediary between the madras factory and the buyer and that it was the madras factory which pursuant to the covenant in the contract of sale caused the movement of goods from ..... the high court was, therefore, right in holding that the sales were inter-state sales and that the turnover of such sates was assessable to sales tax under the central act by the sales tax authorities of faridabad.the question as regards the nature of the sale, that is, whether it is an inter-state sale or an intra-state sate, doss not depend upon the circumstance as to ..... assessment orders have been passed under section 38 of the karnataka value added tux act (hereinafter for short referred to as 'the kvat act') and the orders are also produced.2. ..... the karnataka sales tax act (hereinafter for short referred to as the kst act) and central sake tax act (hereinafter for short referred to as 'the cst act'). ..... of atms by the petitioner from pondicherry to banks who are purchasers in karnataka are local sales liable to tax under kst act and kvat act. ..... aforesaid law declared by the supreme court, the question for consideration in this writ petition is, whether the sale in question is in the course of into state trade or commerce or is it a local sale end liable to karnataka sales tax or karnataka value added tax.15. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR270; 2004(2)KarLJ370
..... , he shall notwithstanding anything contained in any law for the time being in force apply for permission to the deputy commissioner who may, subject to the provisions of this section and the rules made under this act, refuse permission or grant it on such conditions as he may think fit:under this section any person who wishes to use the agricultural land for non agricultural purpose has to obtain the permission of the deputy commissioner ..... the vijayanagar steel planning area authority had issued a commencement certificate under the karnataka town and country planning act permitting the respondent to use the land for industrial purpose. ..... 7.1.1984) which reads as follows:-rule 106-a of the karnataka land grant rules 1966: notice for diversion of dry (punja) land:-the prior notice for diversion of dry (punja) land under the proviso to sub-section (2) of section 95 of the act shall be in form 21-a. ..... if that is so, if the agricultural land is used for non agricultural purpose after obtaining necessary permission as provided under section 14 of the karnataka town and country planning act 1961, no permission in required under section 95 of the act. ..... /under rule 107 of the land revenue rules, (hereinafter referred to as rules) since the respondent has used the agricultural land for non agricultural purpose without obtaining the permission as required under section 95 of the karnataka land revenue act (hereinafter referred to as 'act'). .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR674
..... that the notification in itself does not expressly extend the benefit of exemption upto 50% in respect of any levy of additional stamp duty levied under section 3-b of the act; that in the absence of any such express wordings in the notification, the petitioner cannot claim such benefit on the levy of additional stamp duty; that the authorities, ..... in respect of levy of additional duty payable under section 3-b of the act; that levy of duty under section 3 is different from levy of additional duty under section 3-b of the act; that the additional duty is levied for a specific purpose namely for augmenting capital in favour of karnataka infrastructural development and finance corporation and that it is a duty which ..... of additional stamp duty payable under section 3-b of the karnataka stamp act, 1957 ('the act' for short) on the premise that such stamp duty paid in respect of three transactions referred to in the demand notices was less than what was actually due under section 3-b of the act and the petitioner was required to make good the difference ..... karnataka stamp act, 1957 which specifically exempts duty up to 50% on the stamp duty payable in respect of transactions referred to in that notification and for a period of 3 years from the notification, that the transactions of the petitioner being when the notification was in operation and that the petitioner is entitled for extension of this benefit and in the matter of computation of the stamp duty payable under section 3 of the act .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2004Kant119
..... well reasoned orders and are to be affirmed; that the contentions urged in support of the petition are not tenable; that the authorities were justified in treating the instrument as a document of settlement as defined in section 2(1)(q) of the act; that the instrument essentially revealed the ingredients of a deed of settlement and as such the duty demanded by the authorities is justified if the transaction is to be treated as a deed of settlement; that as the petitioner had ..... before parting, i must place on record my observation that the authorities functioning under the karnataka stamp act, particularly the authorities connected with registration of documents, invariably pass such unrecognizable and untenable orders more for harassing the hapless citizens and persons who go to the office of ..... 050/- as per an order dated 23-6-2000 passed under section 45-a of the karnataka stamp act, 1957 ('the act' for short) (copy at annexure-d) and the appellate order dated 6-3-2002 passed ..... puttasiddaiah, learned high court government pleader has sought to support the orders passed and has drawn my attention to article 48 (a) in schedule to the act and has submitted that the authorities were justified in levying duty as indicated in article 48 (a)(i) which is the stamp duty as in respect of a deed of conveyance on the market value and as such has ..... it is not for authorities functioning under the karnataka stamp act to indicate or determine in what manner the properties belonging to a joint .....
Tag this Judgment!Court : Karnataka
Reported in : (2008)11VST621(Karn)
..... passing an order of this nature as a refund order in favour of the petitioner only amounts to permitting unjust enrichment, in the sense that, though for payment of tax in terms of section 17(6) of the act, the petitioner is debarred from expressly passing on the tax liability to the customers, nevertheless, in fixing the price of the end-product or the value of the product, the petitioner would have necessarily added the ..... a consequential mandamus is issued directing the respondents to consider the claim of the petitioner as one for refund in terms of rule 20 of the karnataka sales tax rules, 1957 read with section 12 of the act, inasmuch as, once the assessment orders are quashed, all payments made under the assessment orders become excess payment and the petitioner can definitely claim for refund ..... writ petition is by a dealer registered under the provisions of the karnataka sales tax act, 1957 (for short, 'the act'), involved in the activity of processing and supply of photographs, photo print and photo negatives along with allied ..... that is how section 5b was introduced in the karnataka sales tax act and over a period of time, new types of contracts or activities were also sought to be brought in within the net of tax and one such entry was introduction of entry 25 relating to ..... state of karnataka disposed of on august 19, 2005 reported at [2006] 144 stc 33, yet again invalidated the amending act, being of the view that it is nothing but a reintroduction of the very entry .....
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