Court : Karnataka
Reported in : 1999(1)KarLJ346
..... filed by the petitioners and the writ appeals have been filed by the apmc and the petitioners who are rice millers having licences under the provisions of the rice milling industries (regulation) act, 1958, questioning the validity of the marketing committee constituted under the provisions of the karnataka agricultural produce marketing (regulation) act, 1966 (in short 'marketing act') levying the market fee on the rice.2. ..... 'levy of market fee on sale of dal challenged under article 226 on ground that dal of legumes enumerated in schedule to uttar pradesh act 25 of 1964 are not specified agricultural produce - in appeal under article 136, it was alleged that market fee already having been once levied in the form of whole grain, a second levy on the ..... kallappa and company v state of karnataka , that the act is not repugnant and not ..... further, in sri gangadhara rice mills v state of karnataka, a division bench of this court considered the question whether the market fee can be levied on the rice once the market fee is levied on the paddy, and held that, the market fee can ..... karnataka rice procurement levy order, 1984) framed under essential commodities act ..... the supreme court while considering the definition under the uttar pradesh act, has held that, once paddy is subjected to fee, rice cannot be subjected to ..... act provides for better regulation of marketing of agricultural produce and the establishment and administration of market for agricultural produce in the state of karnataka .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1995Kant243; ILR1994KAR2909; 1995(1)KarLJ452
..... regard to the status ofrespondent-1, the learned counsel argued thatit is an institution registered under theprovisions of the karnataka societies act,1959 now declared as autonomous institution, by virtue of the order made by the state of karnataka, having 100% grants given by the state under the grant-in-aid code therefore, for all purposes it being ..... submitted on facts that respondent-l has been receiving aid from the government of karnataka only to the extent of 60% and the remaining 40% is being raised from ..... ) act, 1990 (karnataka act 7 of 1991) (hereinafter called the act) which came into force on 1-6-1992, in particular sub-section (3) of section 4 therefore, sri shankar submitted that the learned single judge was not aware of the act though it was in force as on the date of his order and that therefore, he sought permission to ..... sub-section (3) of section 4 of the act does not specifically say that there shall be made reservations in favour of the scheduled castes and scheduled tribes only when there are three or four seats and above nor is it the policy of the state of karnataka to reserve seats in favour of those categories only when the seats required to be filled up are at a particular number and above, ..... of the supreme court in paragraph 29, it is clear that the state of karnataka having chosen to enact the act (karnataka act no. ..... 46 of the constitution, the state of karnataka enacted the act by which the appellant has a right to claim reservation of one of the seats .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1987Kant34
..... 15 of the karnataka irrigation act 1965. ..... 16(l) of the karnataka irrigation act on the 2nd of jan. ..... 15(l) of the karnataka irrigation act, 1965 dt. ..... 15(2) of the karnataka irrigation act. ..... 15 of the karnataka irrigation act. ..... the purpose of the irrigation act is to provide water to all the lands within the achkut area of the project. ..... 15(2) of the said act dt. .....
Tag this Judgment!Court : Karnataka
Reported in : 1982(2)KarLJ354; [1983]52STC128(Kar)
..... article 226 of the constitution, inter alia, contending that having been recognised by the commissioner of commercial taxes in karnataka as persons carrying on village industries and having regard to the language of section 8 of the karnataka sales tax act (hereinafter referred to as 'the act') which has the effect of exempting goods mentioned in the fifth schedule to the act, the commercial tax officer had no power to issue the impugned notices (annexures a and b) and bring to ..... shall be as specified in column 2 of the table below and be such that - (a) the industry is not situated within the local limits or within five kilometres thereof of a city under the karnataka municipal corporation act, 1976 (karnataka act 14 of 1977), or a municipality under the karnataka municipalities act, 1964 (karnataka act, 22 of 1964); (b) ........................ (c) ......................... ..... the respondent-commercial tax officer has informed the petitioners that in view of the amendment made to rule 25a of the karnataka sales tax rules, 1957, (hereinafter referred to as 'the rules') and as published in the gazette dated 24th january, ..... is clear from the language of section 8 is goods specified in the fifth schedule shall not be taxable under the act subject to the conditions and exceptions, if any, set out in the fifth schedule itself. ..... fd 70 csl 80 the petitioners are no longer exempted from payment of tax under the act as they have ceased to be village industries as defined in the new rule 25a .....
Tag this Judgment!Court : Karnataka
Reported in : [1989]73STC267(Kar)
..... but the case of the department is that a permit to run video shows is issued under the rules framed under the karnataka cinema (regulations) rules and that the special provision under section 4b is made specially for the video shows providing for levy at a fixed rate in lieu of tax payable ..... providing for any reduction or waiver of this fixed levy, the petitioners cannot claim any deduction or waiver of the tax even if it is proved to the satisfaction of the authorities administering the act that for any reason beyond the control of the licensees, they could not conduct any shows or conduct the number of shows permitted in the licence. ..... in these writ petitions are : (i) whether, the levy of tax under the special provisions provided under section 4b on video shows, is a levy within the scope and ambit of the karnataka entertainments tax act and (ii) whether, the said levy is violative of articles 14 and 19(1)(g) of the constitution 25. ..... the definition of 'entertainment' in section 2(e) of the karnataka entertainments tax act, 1958, was amended by an explanation inserted in section 2(e) by act 3 of 1986 to include video show. 3. ..... act 3 of 1985 providing for levy and collection of tax under the karnataka entertainments tax act, 1958 (hereinafter referred to as the 'act ..... again by karnataka act 15 of 1987 the said provision was amended to provide for levy of tax on ..... is the nature of this levy, is it a tax on entertainments within the purview of the karnataka entertainments tax act 28. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR3198; 1991(4)KarLJ358
..... and 104-d of the karnataka forest act. .....
Tag this Judgment!Court : Karnataka
Reported in : 1983(2)KarLJ358; [1984]55STC335(Kar)
..... in this context, the petitioner has relied upon the letter dated 8th june, 1979, which he has obtained from the secretary, karnataka state khadi and village industries board (produced as annexure a), clarifying that the brick-making and baking by the clamp process and by the brick bhatta process comes under pottery ..... petitioner in this petition; was granted recognition by the commissioner of commercial taxes in karnataka, bangalore (hereinafter referred to as the commissioner), under entry 28 of the fifth schedule to the karnataka sales tax act, 1957 (hereinafter referred to as the act), in respect of the petitioner's industry, namely 'wire-cut bricks', by ..... according to the explanation, a village industry means a village industry as defined in the karnataka khadi and village industries act, 1956, if the number of persons employed in, or the number of units of production of, each industry does not exceed such number ..... the rules were substituted by a new rule, rule 25-a, by the karnataka sales tax (amendment) rules, 1977, with effect from 15th february, 1978, and in the amended new rule a table of village industries was annexed for the purpose of entry 28 in the fifth schedule to the act including six industries more to the said table. ..... section 7 of the karnataka sales tax (fourth amendment) act, 1976 (karnataka act 78 of 1976) ..... schedule states that the meaning of 'village industry' has to be gathered by its definition under the karnataka khadi and village industries act, 1956. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1989Kant285; 1988(3)KarLJ95
..... 31 of the karnataka police act, 1963, empowers the commissioner of police and the district magistrate to make orders for various purposes as set out in the several clauses of the section. cl. ..... central government may by notification in the official gazette exempt, absolutely or subject to any such conditions as it may think fit to impose 'any explosive and any person or class of persons from all or any of the provisions of this act or rules made there under. ..... the possession and sale of explosives is regulated by the explosives act, 1884 ('the act' for short) and the explosives rules 1983, framed under the act. ..... section 5 of the act empowers the central government to frame rules, inter alia, prescribing the authority by which licence may be granted and also the conditions regarding the grant of licence. ..... 14 of the act, there is no power vested in the district authorities to compel such of the petitioners who have already got a permanent licence to shift their business to temporary structures during deepawali season. ..... 14 of explosives act, 1884, exempting from provision of sub-rule (1) of rs. ..... 4(d) of the act and it includes fire-works. ..... 14 of the act. .....
Tag this Judgment!Court : Karnataka
Reported in : 2001CriLJ305; ILR1999KAR4693; 2000(2)KarLJ283
..... 613 of 1999 and the investigation made by the second respondent including fir and the charge-sheet filed for the alleged offences under sections 24(g), (h) and 73(d) of the karnataka forest act, 1963 as amended read with forest (conservation) act, 1980, (2 read with section 3-a) of which the cognizance is taken, has preferred this petition to quash the proceedings and also the petitioner has made alternative prayer to pass any appropriate order as this hon'ble ..... he further submitted that there is nothing wrong for taking cognizance under sections 24(g) and (h) and 73(d) of the karnataka forest act, 1963, section 8 read with section 22 of the karnataka preservation of trees act, 1976 and section 2 read with section 3-a of the forest (conservation) act, 1980.4-a. ..... under section 73(d) of the karnataka forest act, 1963 the prescribed punishment is imprisonment which may extend to two years or with fine or with both. ..... chickmagalur has submitted charge-sheet against the accused persons for an offence punishable under sections 24(g) and (h) and 73(d) of kfa, 1963, section 8 read with section 22 of kpt act, 1976 and 2 read with section 3-a of f.c. ..... in view of the punishment prescribed under section 73(d) of the act, i don't think that there is much force with regard to the application of the limitation ..... section 24(g) and (h) of the act states that in the event of conviction, the punishment is that of imprisonment for a term which may extend to one year or with fine which may extend to rs .....
Tag this Judgment!Court : Karnataka
Reported in : 2005(3)KarLJ99
..... the petitioner vide annexure-t and to take appropriate decision after affording an opportunity to the petitioner and the fifth respondent-management and decide the same in strict compliance of the mandatory provisions of the education act and rules as existed then bearing in mind the well-settled principles of law laid down by the apex court in the case of laxman dundappa dhamanekar and dispose of the same, as expeditiously ..... stated that, instead of appointing the candidate who has secured highest marks, a candidate who has secured lesser marks has been appointed much contrary to the karnataka education act and rules and also contrary to the karnataka private educational institutions (discipline and control) act, 1975 (10 of 1975) as it existed then. ..... selects a candidate and declares the result, and thereafter, he or she reports to duty and takes charge, there is no requirement under the mandatory provisions of sections 3 and 15 of the karnataka private educational institutions (discipline and control) act, 1975 (10 of 1975) to take the approval. ..... , the request of approval of the appointment of the petitioner has not been considered nor the authorities, have taken any decision in accordance with the mandatory provisions of the karnataka education act and rules. ..... of the fifth respondent has requested the director to approve the appointment of the petitioner and to take appropriate action against the concerned deputy director, as envisaged under the karnataka education act and rules. .....
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