Court : Supreme Court of India
Reported in : AIR1962SC305; [1962]3SCR842
..... rates makes no difference and the impact on the freedom would still be direct notwithstanding that it does not appear so on its face. 43. here the act by enacting sections 4 and 5 directly prohibits a newspaper from exercising that right, should the newspaper fail to comply with the requirement of an order made under section 3. this is a direct ..... in the year 1932 and it is claimed that it has a net circulation of 52,000 copies on week days and 56,000 copies on sundays in maharashtra and karnataka and as such plays a leading part in the dissemination of news and views and in moulding public opinion in matters of public interest. 4. the daily addition of ..... pleasure of the government and this would necessarily strike at the root of the independence of the press. 30. in express newspapers (private) ltd., v. the union of india : (1961)illj339sc , this court has laid down that while there is no immunity to the press from the operation of the general laws it would not be legitimate to subject the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC994; 1976CriLJ722; (1976)1SCC24; 1975(7)LC705(SC)
..... judgment; but he never did so. in the counter-affidavit filed by respondent no. 4, he has categorically asserted that:it has been the practice and procedure in karnataka state not to act on true copies or the alleged true copies or the photostat copies of any order unless it is duly certified by the contempt authorities as the order of the ..... allegation was that even inspite of the fact that a photostat of a copy of the judgment of this court was given to him, he refused to take necessary action prohibiting the exhibition of film in the hall.4. all the respondents have filed counter affidavits in this court denying that they have committed any contempt.5. so far as ..... think that he is guilty of contempt merely because he granted a renewal of the licence to exhibit films under the cinematograph act from 2-9-1974 to 5-9-1974. the order of the high court only prohibited the 3rd respondent to exhibit films after 5-9-1974. and that was without prejudice to the right of the petitioner to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1731; (1976)1SCC953; [1976]3SCR28
..... of a regional transport authority. the regional transport authority, mandya, held that it had within its jurisdiction the largest area of motorable roads in the state of karnataka, and this finding has not been disturbed by the appellate tribunal. the appellate tribunal thought that the expression 'motorable roads' was vague as the area comprising ..... state road transport corporation, bangalore, built an argument on the provisions of section 42 of the act that the meaning of 'area' is not restricted only to the area of motorable roads in a region. section 42 prohibits the use of a transport vehicle in any public place except in accordance with the conditions of ..... highway, but the idea of a route as a notional line that the definition suggests has not been consistently maintained in the act. in dosa satyanarayanamurty v. andhra pradesh state road transport corpn. : [1961]1scr642 this court observed: 'there is no inherent inconsistency between an 'area' and a 'route'. the proposed route is also .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC2361; 1976(2)KarLJ205; (1976)3SCC716; [1977]1SCR269; 1976(8)LC763(SC)
..... that he was still a tenant. the respondent claimed protection under the mysore tenants (temporary protection from eviction) act, 1961 being act no. 15 of 1961. section 3 of the mysore tenants (temporary protection from eviction) act, 1961 provided for prohibition against eviction.6. the appellant obtained a decree in the suit. the decree directed the respondent to deliver ..... counsel for the respondent contended that the respondent is a tenant within the meaning of the word 'tenant' defined in section 2(34) of the karnataka land reforms act, 1961. 'tenant' is defined to mean an agriculturist who cultivates personally the land he holds on lease from a landlord and includes (i) a person ..... who is deemed to be a tenant under section 4 of the karnataka land reforms act, 1961, section of the karnataka land reforms act, 1961 states that a person lawfully cultivating any land belonging to another person shall be deemed to be a tenant if such land .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC215; (1977)4SCC471; [1978]1SCR641
..... was in itself inter-state commerce and the congress in the exercise of its plenary authority to regulate the inter-state transportation of intoxicating liquors may prohibit such transportation even into a state which permits it. in the case of claude r. wickard (supra) the question arose entirely in a different context ..... necessary, by the high court in the light of this judgment. the karnataka state road transport corporation (hereinafter called the corporation) was established by the state government of karnataka on august 1, 1961 under section 3 of the road transport corporations act, (central act 64 of 1950). the corporation was a party respondent to the writ petitions ..... and in substance, two or more permits rolled into one. the vehicle ply in the different states. the permit originally granted by the karnataka authority under the motor vehicle act has to be countersigned by the authorities of the other states. some of the operators kept their vehicles and have got their workshops in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC68; (1977)4SCC608; [1978]2SCR1
..... commission under the notification dated 23rd may, 1977, which specifically excludes matters covered by the karnataka government's notification dated 18th may, 1977. reliance is placed on proviso (b) to section 3(1) of the act which prohibits the central government from appointing another commission 'to inquire into the same matter for so long ..... cannot, in exercise of any supposed 'powers' under article 105, decide election disputes for which special authorities have been constituted under the representation of people act, 1961, enacted in compliance with article 329. similarly, appropriate provisions for appointments of suitable persons, invested with power to determine, in accordance with a procedure which ..... court in a few decisions which may be referred to at this stage. in atiabari tea co. ltd. v. the state of assam and ors. : [1961]1scr809 , gajendragadkar j. as he then was, in construing article 301 observed : 'we must adopt a realistic approach and bear in mind the essential features .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC1676; 1979LabIC1206; (1979)IILLJ209SC; (1979)4SCC507; [1979]3SCR937; 1979(11)LC518(SC)
..... appeals nos. 2329 and 2351 to 2370 of 1977 have been filed by different persons who were appointed assistant engineers in the karnataka state on 31st october, 1961, by way of direct recruitment while the other 21 appeals have been filed by that state.2. the facts giving rise to the impugned judgment may be set down ..... , quite a few graduate supervisors were given charge of sub-divisions and designated as sub-divisional officers in order to meet the exigencies of service and they continued to act as such after the merger when they claimed equation of their posts with those of assistant engineers in the matter of integration of services. to begin with their claim ..... is in infraction of the rules or if it is in violation of the provisions of the constitution illegality cannot be regularised. ratification or regularisation is possible of an act which is within the power and province of the authority but there has been some non-compliance with procedure or manner which does not go to the root of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1; (1979)4SCC642; [1980]1SCR368
..... did not immediately attract the clause of the constitution prohibiting discrimination.24. in vishwesha thirtha swafhiar and ors.v. state of mysore and anr. : [1972]1scr137 the new state of mysore enacted the mysore land revenue (surcharge) act, 1961 arid the mysore land revenue (surcharge) amendment act, 1962. these acts were challenged oh the ground, inter alia, that they ..... attempts in 1963 and 1977-to remove the inequality between the temples and mutts situated in the south kanara district and those situated in other areas of karnataka. inequality is so clearly writ large on the face of the impugned statute in its application to the district of south kanara only, that it is ..... .16. the third and last contention made by the learned counsel for the appellants is that the application of the madras act of 1951 to one district only of the state of karnataka offends against the guarantee of equality contained in article 14 of the constitution which provides that the state shall not deny to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1468; (1980)3SCC358; [1980]3SCR625; [1980]46STC164(SC)
..... 'the agreement or order for or in relation to such export' occurring in section 5(3) of the central sales tax act 1956 but on the second point counsel for states of karnataka and tamil nadu have urged that since the question of passing of property does not depend merely upon proper construction of the auction ..... . to obtain appropriate reliefs in this behalf in two of the three writ petitions, the petitioners therein have also impleaded the concerned states, namely, state of karnataka, state of tamil nadu and the state of kerala as party respondents to their petitions. the petitioners have sought appropriate orders or directions against these state governments ..... violative of their fundamental rights under articles 14, 19 and 31 of the constitution.9. the petitioners, therefore, seek issuance of writs of certiorari and prohibition quashing the said circular and restraining further action thereunder in future. it see ms that since retrospective effect was given to the amendments introduced by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC809; (1981)83BOMLR227; 1981CriLJ348; 1981(1)SCALE139; (1981)1SCC645; [1981]2SCR604
..... for sale stocks of the drugs which the government analyst had declared as not of standard quality. he therefore issued an order under section 22(1)(c) of the act prohibiting the sale of the said drugs for a certain period which was extended from time to time. on october 28, 1970 the inspector asked the third appellant who ..... no order is necessary on the writ petition.criminal appeal no. 96 of 1975.10. by the judgment impugned in this appeal which is also by special leave, the karnataka high court set aside an order of acquittal passed by the judicial magistrate, ist class (ist court), bangalore city and convicted the appellants before us for having committed ..... order under section 22(1)(c) thus contravening rule 54a of the rules framed under the act. both these offences are punishable under section 27(b) of the act. the trial court acquitted the accused but on appeal preferred by the state of karnataka the high court set aside the order of acquittal and convicted the accused under section 18 .....
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