Court : Karnataka
Reported in : ILR1991KAR1861; 1991(1)KarLJ494
..... officers.'he also relied on ulhas nature cure centre, bangalore and ors. v. state of karnataka and ors., 1987 crl. lj. 1435 wherein it has been held as follows:'there is no statutory provision in the karnataka police act directly dealing with surveillance. the police surveillance was sought to be justified under section 65 which ..... grounds indeed. decision of patna high court, reversed.'the latest ruling on this point is reported in rajnikant jivanlal patel and anr. v. intelligence officer, narcotic control bureau, new delhi, : 1990crilj62 wherein his lordship justice jagannatha shetty has held as follows:-'an order for release on bail under proviso (a) to section ..... c. could be cancelled.13. the learned government pleader contended that the observation of his lordship in rajnikant jivanlal patel and anr. v. intelligence officer, narcotic control bureau is in the nature of obiter dictum.14. in municipal committee, amritsar v. hazara singh, : [1975]3scr914 it has been laid down as follows:-' .....
Tag this Judgment!Court : Karnataka
Reported in : 1991(33)ECC147; 1991LC25(Karnataka); 1992(61)ELT381(Kar); 1991(2)KarLJ346
..... was decided in the year 1988, the same was the position, and the notification extending certain tax exemption to new industries issued under section 8(a) of the karnataka sales tax act, came up for consideration. the supreme court dismissed the appeals of the state and upheld the view of the learned single judge of the high court. the supreme ..... , namely, indo-afghan industries case - a.i.r. 1968 s.c. 718 justice shah (as he then was) laid down in categorical terms that the import and export control order, though legislative in character would be subject to judicial review by the court, if it became necessary to enforce any contractual right flowing from such order. the supreme court ..... orders fixing the sugar price were held to be legislative in nature. the supreme court did not interfere with the challenge made to the sugar price control orders on the ground that it is not a matter for judicial review. the observations made by the supreme court in paragraph 36 of its judgment were made .....
Tag this Judgment!Court : Delhi
Reported in : 44(1991)DLT434
..... obviously after appreciation of evidence and it is not permissible for this court to disturb these findings of fact, more so in revision under section 25b(8) of the delhi rent control act. (13) what accommodation is required 'bonafide' is not to be understood as indefinitely enlarging the choice of the landlord and leaving it to his own subjective discretion. in smt. kamla ..... trial court has further found that although the petitioner's family at that moment consisted only of three members, as hiss on admittedly was doing an engineering course in mangalore, karnataka, his daughter, shalini, was doing management course at ahmedabad. only, the other daughter. samita, was living with him at delhi and thereforee for three members two rooms were quite adequate .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1991(2)SC322; 1991(1)SCALE802; 1991Supp(1)SCC240; [1991]2SCR501; 1991(2)LC134(SC)
..... executive action is also in violation of the 1892 and 1924 agreements; and(b) the failure of the karnataka government to implement the terms of the 1892 and 1924 agreements relating to the use, distribution and control of the cauvery waters.the tribunal from the above letter dated 6.7.86 inferred that no interim dispute ..... be subjected to judicial review on its merits except within the strict limitations defined in maru ram v. union of india. the function of determining whether the act of a constitutional or statutory functionary falls within the constitutional or legislative conferment of power, or is vitiated by self-denial on an erroneous appreciation of the ..... mantralaya)new delhi, 2nd june, 1990. referencein the exercise of the powers conferred by sub-section (1) of section 5 of the inter-state water disputes act, 1956 (33 of 1956), the central government hereby refers to the cauvery water disputes tribunal for adjudication, the water disputes regarding the inter-state river cauvery and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(2)ALT207
..... . in the context of freedom of trade, commerce and intercourse enshrined in article 301, regulatory measures, in my view, mean measures taken to govern, control or adjust but not prohibit or restrict the movements of transport of goods or commodities. 25. this takes us to the question whether the impugned rule requiring ..... , are only meant to describe different manner in which transporting vehicles may pass through the state of andhra pradesh. there is no element, whatsoever, of control of the transport of intoxicants outside the state. sri raghunatha reddy has also not been able to show how the impugned provisions have extra-territorial operation. ..... article 304(b) of the constitution. 18. in meenakshi v. state of karnataka, : air1983sc1283 the constitutional validity of karnataka taxation and certain other laws (amendment) act of 1979 was questioned as being violative of article 301 of the constitution. the act was sought to be justified on the ground that the augmentation of revenue by .....
Tag this Judgment!Court : Delhi
Reported in : ILR1992Delhi358
..... given earlier in dharwad. distt public witness d. literate daily wage employees association and others v. state of karnataka and others : (1990)iillj318sc . (16) that was, however, not a case under the act and, the direction sought therein was to confirm the.daily rated and monthly rated employees as regular government servants ..... to approval and confirmation by the executive board. public enterprise in title articles of association means a government company or a statutory corporation owned and controlled by the .central government or state government scope has two administrative organs-governing council and the executive board. under article 6, chief executive of' ..... 10 finances : the finance of the society shall be derived from subscriptions, contributions donations, bequests, gifts grants-in-aid, investments, loans, endowmen's, rents, revenue earning schemes or any other legitimate source approved by the executive board which is not contraiy to the objects of the society.' (11) petron-in .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1991)(56)ELT82TriDel
..... in the light of this understanding of the relevant provisions, we may consider the authorities cited on both sides. member sh. jain has referred to the judgment of the karnataka high court in the case of shyam sunder u. nichani v. assistant collector of central excise, bangalore 1985 (22) elt 751. that judgment, by a learned ..... to inadvertence the respondent did not claim the exemption in the classification, the respondent cannot be denied the right to claim the refund under section 11b of the act. section 11b confers an independent right and a substantive right on the respondent to claim refund if it is otherwise permissible in law. the respondent cannot be ..... for the appellants, submitted that rule 173b and section 11b are independent of each other and rule 173b cannot override the section 11b of the central excises & salt act, 1944. however, he submitted that the party admits having not disputing the classification list approved on 9-3-1982 as during the material time, specially during the .....
Tag this Judgment!Court : Kolkata
Reported in : 1994LC634(Calcutta),1991(56)ELT31(Cal)
..... industrial syndicated ltd. v. union of india reported in : 1990(47)elt311(all) (g) alembic glass industries ltd. v. union of india reported in : 1990ecr180(karnataka) .10. the respondents have contended :(1) the petitioner had not raised any dispute regarding the classification of the goods before c.e.g.a.t. and therefore could ..... to the facts and circumstances of the case'.7. the petitioner preferred an appeal from the order of the additional collector before the customs, excise, gold (control) appellate tribunal (cegat). the petitioner applied for waiver of pre-deposit. the cegat disposed of the application by rejecting the claim for waiver of pre-deposit ..... ...(3) for the purposes of this section,(ii) 'relevant date' means;. ... ...... ... ...(b) in a case where duty of excise is provisionally assessed under this act or the rules made thereunder, the date of adjustment of duty after the final assessment thereof.'16. the assessment takes place on the basis of a classification list filed by .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR3260
B. Jagannatha Hegde, J. 1. This Miscellaneous Second Appeal is filed against the Judgment and Decree dated 9-3-1990 passed in R.A. No. 33/1987 on the file of the Civil Judge, K.G.F. 2. Respondent filed a suit in O.S. No. 447/1975 before the Munsiff at K.G.F., for declaration of his title and possession of the suit property. The suit was dismissed on 28-9-1987. Respondent filed an appeal against this order of dismissal in R.A. No. 33/1987 before the Civil Judge at K.G.F. The learned Civil Judge, after hearing the appeal set aside the Judgment and decree passed by the learned Munsiff and remanded the entire matter for fresh disposal in accordance with law. This Judgment is challenged by the Appellants in this appeal. 3. One Munireddy, had two daughters by name Muniyamma and Gangamma. Muniyamma was the wife of Munireddy. Gangamma's husband was Varadareddy. Respondent (plaintiff) is the daughter of Gangamma and Varadareddy. Appellants are the brothers of Munireddy, the husband of Muniyamma...
Tag this Judgment!Court : Karnataka
Reported in : 1993(43)ECC156; [1993]90STC163(Kar)
..... notification issued by the state government in exercise of the powers conferred by section 8a of the karnataka sales tax act ('the act'), the petitioner is exempt from tax or taxes payable under the act on the turnover of goods manufactured in karnataka and sold by all tiny-sector industrial units which are eligible for the exemption under the said ..... be taken away by the other. his lordship, interpreting the conditions in paragraph 185(4) of the export policy of the government of india issued by the controller of imports and exports, adopted a harmonious construction and came to the conclusion that the view which commended itself to the court was not an unreasonable view. 17 ..... , that the tiny-sector industrial units would be eligible for exemption from all taxes payable under the act. 13. the expression, 'on the turnover of goods manufactured and sold by all tiny-sector industrial units' should not control and read in such a way so as to take away the benefit of total exemption purported to .....
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