Court : Rajasthan
Reported in : 1976CriLJ1655
..... of the code can hardly be of any assistance to mr. bhimraj.11. in the case of gangappa (1976 cri lj 575) (kant) the learned judge of the karnataka high court examined the provisions of section 209 in a different context whether the magistrate taking proceedings under that section has a power to discharge the accused and it was ..... .12. the arguments advanced by mr. bhimraj if accepted can create situations which may result in absurdity. suppose for one reason or the other which are beyond the control of the presiding officer if the magistrate cannot complete his study of papers produced before him under section 207 of the code then according to mr. bhimraj he cannot ..... by a court of session or not and in doing so, even though the magistrate does not (under the new code) record any evidence, yet the very act of examining the papers produced before him puts him to undertake some kind of inquiry necessitating ascertainment or verification of the fact whether the record makes out a case .....
Tag this Judgment!Court : Rajasthan
Reported in : 1980WLN(UC)556
..... of transport permit. in the town municipal council's case (supra) their lordships had an occasion to consider the levy of supervision fees under section 124 of the karnataka municipalities act (22 of 1964) and a similar question arose in that case is as to whether a person who merely brings the goods within the municicipal limits for immediate ..... therefrom which could not be the intention of the legislature.8. shri parekh, learned counsel for non-petitioners no. 1 and 3, submitted that rule 26 of the karnataka municipalities taxation rules, 1965, was mandatory, but rule 11(1 a) of the rules is only optional. so it is the sweet, will of the petitioner to ..... the stay application that the board charges octroi tax on the import of goods in the municipal area for use, sale and consumption therein under section 104 of the act read along with rajasthan municipalities (octroi) rules, 1962 (hereinafter referred to as 'the rules'). it was further stated that in case of goods, which are imported .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1982Raj48
..... on that site. such application must be accompanied by various documents including the 'no objection certificate'. in the states like karnataka and tamil nadu which have enacted provision like section 5a of the act, the licensing authority is itself competent either to finally grant or refuse to grant permission for the construction of a cinema building ..... that an application for construction of a cinema building shall be made to the licensing authority under this act in accordance with the rules made under this act, and that the licensing authority may thereupon subject to the control of the state government and to any rules rnade in this behalf and after such enquiry as it ..... and in every such case an application for such license or permission shall be made to the licensing authority under this act in accordance with the rules, made under this act. (2) subiect to the control of the state government and to any rules made in this behalf, the licensing authority after such enquiry as it deems .....
Tag this Judgment!Court : Rajasthan
Reported in : 1984WLN18
..... decree passed in another case where evidence has been let in and decision is given by the court on merits.the court further compared the provisions of the karnataka rent control act and the statutes relating to material rights under which divorce or judicial separation cannot be granted merely because the opposite party consents for such a decree and came ..... to the conclusion that there is no such prohibition under tie rent control act. the same appears to be true about the act. so also in shiv dayal's case (supra), a compromise decree was up-held in view of the decision of their lordships of ..... be mentioned here that this case before the hon'ble supreme court arose under the bombay rents, hotel and lodging house rates control act and the ground of ejectment was default. their lordships found as under:by admitting to pay the arrears of rent and mesne profits at the rate of rs. 15/- per month, the tenant had clearly .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(2)WLN315
..... possession against a tenant and a tenant is entitled to the protection of the provisions of the rajasthan premises (control of rent and eviction) act. in that case, the following observations were made by court:the provisions of the rent control act clearly lay down that no tenant can be dispossessed except by an order of court, to be passed ..... be delivered, as symbolic possession can in such cases operate as actual possession against judgment-debtor. mr. bardhar submits that these authorities are quite distinguishable as in karnataka's case the factual position was quite different. he submits that in that case a decree for possession was passed in a suit for partition between the ..... were made parties to the suit and a decree as such was passed. he thus, submits that on the premise of the fact the judgment of the karnataka high court laying down the aforesaid principles is perfectly justified. as regards the case of shamsuddin(supra), mr.bardhar has no objection about the proposition of law .....
Tag this Judgment!Court : Rajasthan
Reported in : 1986(2)WLN201
..... answer. five high courts, namely, allahabad, punjab and haryana, gujarat, karnataka and delhi have taken the view that warehousing corporations constituted under the warehousing corporations act, whether central or state, are authorities constituted under the warehousing corporations act for marketing of commodities and their income from letting of godowns and ..... warehouses would be exempt under section 10(29) of the income-tax act. these decisions are u.p. state warehousing corporation v. ito : [1974]94itr129(all) , cit v. haryana warehousing corporation , addl. cit v. karnataka state warehousing corporation : [1980]125itr136(kar) , cit v. gujarat state warehousing corporation : ..... the calcutta high court is concerned, it may be stated that that was a case of a joint stock company incorporated under the companies act and its primary object was to carry on ordinary business of commercial activity, whereas the assessee corporation in the present case, namely, the .....
Tag this Judgment!Court : Rajasthan
Reported in : (1987)64CTR(Raj)3; [1987]167ITR694(Raj)
..... answer. five high courts, namely, allahabad, punjab and haryana, gujarat, karnataka and delhi have taken the view that warehousing corporations constituted under the warehousing corporations act, whether central or state, are authorities constituted under the warehousing corporations act for marketing of commodities and their income from letting of godowns and ..... warehouses would be exempt under section 10(29) of the income-tax act. these decisions are u.p. state warehousing corporation v. ito : [1974]94itr129(all) , cit v. haryana warehousing corporation , addl. cit v. karnataka state warehousing corporation : [1980]125itr136(kar) , cit v. gujarat state warehousing corporation : ..... the calcutta high court is concerned, it may be stated that that was a case of a joint stock company incorporated under the companies act and its primary object was to carry on ordinary business of commercial activity, whereas the assessee corporation in the present case, namely, the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1987Raj186; 1987(2)WLN643
..... of the urban land it does notadmit of a complaint that it takes away anunreasonably high proportion of the income'in indian telephone industries ltd. bangalorev. state of karnataka, air 1985 kant 186 itwas held in para no. 10 that :'art. 19(1)(f) and 31 of the constitution that guaranteed right to acquire and hold ..... the limitation imposed by the latter part of the said entry and because the parliament by law declared that the regulation and development of mines should be under the control of union to the extent of such declaration, the jurisdiction of the state legislature is excluded. in the case of hingir rampur coal co. ltd. v. ..... challenge on the ground being corifiscatory and excessive, unreasonable and arbitrary. after having gone through the provisions of the act it cannot be said that there is any arbitrariness in it and merely because royalty, dead rent surface charge was being realised under the minor mineral concession rules the tax does not become excessive, rather the taxes .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1988Raj132; 1987(2)WLN948
..... municipal board is satisfied.the following have also protected public rights in public land, chowk, park etc. air 1983 (noc) 56 (kant) p. 28.head note b 'karnataka municipal corporation act, 1976 (14 of 1977) sections 174, 175 and 176 -- land granted by government to corporation for public garden or public park. lease of land by corporation in favour ..... sub-section (3).'all properties mentioned in sub-sections (1) and (2) shall be under the direction, management and control of the panchayat and shall be held by it as trustee for the purposes of this act.'the apex courts have always protected public rights in public places. air 1980 sc 1622 head note.'where there existed a ..... park so declared.'18. section 3 provides the procedure how a public park is to be declared. section 4 is for control and practice and function and duties of the superintendent and section 5 prohibits the acts which are not to be done. there are rules framed under it which are known as rajasthan public parks rules, 1959. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1989Raj51; 1988(2)WLN487
..... -fee. the case involved a substantial question of law relating to the validity of the levy or what was styled as 'supervision-fee under section 124 of the karnataka municipalities act, 1964, read with rule 26 of the rules framed thereunder. the facts were that iron ore was lifted by the respondent in the trucks from hubli rail yard ..... in isle of man and as to the rest incorporated in england. the business of the sterling co. in india was managed by local boards but the ultimate control laid with the london boards the meetings of the sterling companies were held in england and the dividends that were received by the appellant from the sterling companies were ..... of a tribunal created by a statute, even if its order is expressly or by necessary implication, made final, if the said tribunal abuses its power or does not act under the act but in violation of its provisions.'68. even in seven judges' judgment in kamla mills ltd. v. state of bombay, (air 1965 sc 1942) (supra), it wasobserved .....
Tag this Judgment!