Court : Karnataka
Reported in : 1992CriLJ86; 1991(1)KarLJ387
..... applied their mind to see whether the prosecution has been able to prove the ingredients of section 62(3) of the karnataka forest act, 1963, in respect of the property which is alleged to have been seized from the scene of offence. ..... section 62(3) of the karnataka forest act, 1963 reads as follows :- seizure of property liable to confiscation; (3) every officer seizing any property under this section shall place on such property or the receptacle or vehicle (if any) in which it is contained a ..... held the petitioners guilty of the offence punishable under section 379 of the indian penal code read with sections 84 and 86 of the karnataka forest act and sentenced them to undergo rigorous imprisonment for a period of two years in respect of the offence punishable under section 379, indian penal code and one and half years in respect of section 86 of the karnataka forest act. ..... it will have to be held that the prosecution has failed to prove that the sandalwood billets were seized after complying with the mandatory provisions of section 62(3) of the karnataka forest act. ..... an offence punishable under section 379, india penal code and section 86 of the karnataka forest act. ..... not able to produce any permit required under the act either for removing the sandalwood billets or for carrying ..... been held by this court as follows at page 536 :- 'the strict compliance of the mandatory provisions of section 62(3) of the act is necessary in case of seizure, marking and production of the articles involved. .....
Tag this Judgment!Court : Karnataka
Reported in : 1992CriLJ634; ILR1991KAR2739; 1991(2)KarLJ11
..... 169 and 170 of the karnataka police act of 1963 (9) are the plaintiffs entitled to compensation of rs ..... any executive magistrate or police officer referred to in sub-section (1), may proceed to disperse such assembly by force, and may require the assistance of any male person, not being an officer or member of the armed forces and acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in order to disperse such assembly or that they may be punished according to law. ..... the same is issued by order and in the name of the governor of karnataka and it was urged for the respondents that the executive order under which the police manual has been issued falls under article 166 of the constitution of ..... 50/- from his business and are the plaintiffs deprived of that income (7) is the suit hit by the principle of act of state in exercise of sovereign powers and as such the plaintiffs are entitled to any relief (8) is the suit hit by the provisions of ..... may be stated here that the negligence of the prison officials in according the safety of the deceased by failing to take reasonable care required of them to protect his person in spite of specific request was actionable negligence and the state cannot plead immunity as an act of the state. ..... the petitioner therein was detained illegally in prison for over 14 years after his acquittal in a full-dressed ..... his detention in the prison even after his acquittal was wholly .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1980Kant122
..... and all orders of amalgamation, division or re-organization of co-operative societies so made before the commencement of this section shall be deemed to be valid and effective as if they had been made in accordance with the provisions of the principal act as amended by this act and the karnataka ordinance 7 of 1977 and accordingly, all orders issued, things done, proceedings or action taken,(a) by the registrar or by any other officer for the amalgamation, division or re-organization of co-operative societies. ..... of these petitions, the constitutionality of section 14-a of the karnataka co-operative societies act, 1959 (hereinafter referred to as the act), has also been impugned.3. ..... to achieve this object section 14-a of the act was amended by the karnataka co-operative societies (amendment) ordinance, 1976 which was replaced by the karnataka co-operative societies (amendment) act, 1976. ..... section 14-a of the act was further amended by the karnataka co-operative societies (second amendment) act, 1976 by substituting a new section which reads as ..... ordinance has been replaced by the karnataka co-operative societies (amendment) act, 1978 (karnataka act no. ..... the amendment act, the karnataka co-operative societies (amendment) act, 1978 ..... section 14-a was inserted in the act by the karnataka co-operative societies (amendment) act, 1975. ..... 14-a of the karnataka co-operative societies act, 1959 is within the - competence of the state legislature under entry 32 of list ii of v11th schedule to .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2006KAR1900; 2006(3)KarLJ428
..... executive to vote in managing committee meetings directly runs contrary to the provisions of section 28a, 29c and section 29f of the act read with rule 14 and 14(a) of the karnataka co-operative socieities rules, 1960 (herein after called as rules), section 21 of the act reads thus:section 21:1) every member, every delegate and other nominee shall exercise vote in person and not by proxy.2) notwithstanding anything ..... 24/2001 vide annexure-a is ultra vires of section 28a and 29f of the karnataka co-operative societies act, (herein after called as 'act) 1959.b) a writ in the nature of mandamus directing the 2nd respondent to declare that the resolution dated 9.4.2002 vide annexure-b passed by the ..... it may be mentioned that generally he is called as secretary of society or manager of co-operative bank etc.the word 'employee' is defined under section 2(e) of the act which reads thus:employee' means a salaried employee of a co-operative society and includes an official of the state government or any employee of any other institutionthe aforesaid defination further ..... the matters relating appointment, service conditions and functions of chief executive are detailed under section 29g of the act, the relevant portions of which read as follows:section 29g:1) for every co-operative society there shall be chief executive who shall subject to the provisions of section ..... same is ultra vires of sections 28a and 29f of karnataka co-operative societies act (hereinafter referred to as the 'act'). .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR550
..... state cannot evict such alienee or intending alienee, in possession of a service inam land, if such land had been subsequently regranted to the holder or the authorised holder under section 5 or 6 of the principal act ;(v) unless new section 7 of the principal act and section 5 of the amendment act are held to be unconstitutional an alienee or an intending alienee of a service inam land, who was pot in possession of such land pursuant to an agreement to purchase, prior to the coming into force of the principal ..... to 7-8-1978, but such transfer can be regularised by paying to the government an amount equal to 15 times the full assessment of that had ;(vii) sub-section (4) of section 5 of the principal act should be construed as being applicable only to transfers made subsequent to 7-8-1978 and not to transfers which had taken place prior to that date and that sub-section (3) occurring in that section has reference to amended sub- ..... 20-9-1967 and 23-6-1969, which are undoubtedly made after the coming into force of the karnataka village offices abolition act, 1961 (the act) and before the amending act came into force i.e. ..... it is not disputed that these lands were attached as emoluments to the inferior village offices under the mysore village offices act, 1900, which stood abolished on and with effect from february 1, 1963, and consequently the said lands vested in the stats government. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR364
..... the respondents in these appeals are dealers registered under the karnataka sales tax act, 1957, and engaged in the manufacture of beaten rice and parched rice. ..... they were enjoying the benefit of exemption upto 1981 as provided under 25-a of the karnataka sales tax rules (hereinafter referred to as the rules) as covered by entry 28 of v schedule to the karnataka sales tax act. ..... under section 8 of the karnataka sales tax act read with v schedule, certain goods are exempted from taxation under the act. .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(6)KarLJ621; 2009(4)KCCRSN238; 2009(5)AIRKarR331
..... the landlords who are the petitioners before the trial court tiled a petition under section 27(2)(r) of the karnataka rent act, 1999 ('rent act, 1999') seeking eviction of the tenant in respect of the schedule premises comprising of a shop situated in the ground floor of a shopping complex at avenue road, bangalore. ..... the facts in the said case were that the landlords had filed a petition under section 21(1)(h) & (i) of the karnataka rent act 1961 '(1961 act)' which has been repealed by the karnataka rent act, 1999 against the tenant in respect of the petition premises. ..... schedule premises till his death on 24.4.2007 and on his death and by virtue of the provisions of karnataka rent act, 1999, the respondent has become a tenant of the schedule premises which has been admitted by her. ..... the inheritability of tenancy which is under section 5 of the karnataka rent act is in fact incorporated within the definition section 2(1) of the delhi rent act which defines tenant and sub-clause (iii) of section 2(1) of the act, in fact carves out of a category of tenant who is a successor of the original tenant who is continuing in possession alter the termination of tenancy. ..... therefore, taking note of the definition of tenant under cue delhi rent act it can safely be concluded that a person who has inherited tenancy under section 5 of the karnataka rent act is also a tenant within the meaning of section 3(n) of the act.23. .....
Tag this Judgment!Court : Karnataka
Reported in : 1998(3)KarLJ293
..... keeping in view the wide definition given to the expression 'private educational institution' both under the 1975 act as also the karnataka education act, 1983, it cannot be denied that the respondent-institution is a private educational institution within the meaning ..... expression is in turn defined by section 2(d) of the karnataka private educational institutions act, 1975 to mean an educational institution which is not owned by the state government or the central government, a local authority or, any other authority designated or sponsored by the state government or the central government or a local authority but which is recognised by the state government and includes a college affiliated to the karnataka university or the mysore university or the mysore university not ..... 5 of the repealed karnataka private educational institutions (discipline and control) act, 1975 continue to be effective and in force as if the said rule had been framed under the corresponding provisions of the 1983 act. ..... in dispute, is recognised by the government of karnataka and the all india council for technical education. ..... the expression private educational institution has been defined even under the 1983 act to mean any educational institution imparting education established and administered or maintained by any body of persons, but does not include an educational institution established and administered by the central or the state ..... bangalore university under the karnataka state universities act, 1976.2. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR1759; 1996(41)KarLJ333
..... question which came up for consideration before the division bench was whether the liability to pay tax under section 6 of the act arose because the claim of the department that raw agarbathis which were purchased by the assessee were consumed in the manufacture ..... it was further contended that raw agarbathis as well as agarbathis were taxed under entry 153 of the second schedule to the act and the assessment orders passed by the authorities on earlier occasions clearly indicate that the sale of raw agarbathis as well as agarbathis was not treated ..... section 6 of the karnataka sales tax act deals with levy of purchase tax under certain circumstances and, inter alia, provides that every dealer who has purchased any taxable goods in circumstances in which no tax under section 5 of the act is leviable on the sale price of such goods, if either consumes such goods in the manufacture of other goods for sale or otherwise disposes of the goods in any other manner other than by way of sale in ..... dealers in raw agarbathis and are assessed to sales tax under the provisions of the karnataka sales tax act, 1957 and also under the central sales tax act, 1956. ..... the government of karnataka published notification in exercise of powers conferred by sub-section (5) of section 8 of the central sales tax act after being satisfied that it was necessary to do so ..... section 5 of the karnataka sales tax act, 1957 is the charging section and, inter alia, provides that every dealer shall pay for each year tax on .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR2518
..... for redressal of his grievance, the petitioner preferred a revision petition under section 309 of the karnataka municipalities act challenging the resolution dated 30-8-1986 passed by the city municipal council, kolar, before the director, directorate of municipal administration, bangalore. ..... 'at the same time, while passing the said order, the director aforementioned sent the file to the government for confirmation of his order under section 309 read with section 306 of the karnataka municipalities act, 1964. ..... to declare that the lease entered into on 25-5-1980 is invalid and directed the city municipal council, kolar, to follow the procedure in allocating municipal lands for sale, lease or grant of lands as per the provisions of the karnataka municipalities act.10. ..... agreement between the petitioner and respondent is declared invalid and the city municipal council, kolar should follow the procedure in allocating municipal lands for sale, lease or grant of lands as per the provisions of the act. .....
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