Court : Supreme Court of India
Reported in : AIR1972SC899; (1972)1SCC726; [1972]3SCR332
..... 228 held that the collector had no power under section 40 of the stamp act to embark upon an inquiry with regard to the market value of the properties covered by the document and require the payment of further stamp duty in accordance with his finding as to valuation and, therefore, that the impugned orders of the collector, commissioner and the board were ultra vires and were liable to be set aside under article 227 of the constitution. ..... for the purpose of this case, we shall proceed on the assumption, without deciding, that the charging words in article 23 of the stamp act 'where the amount or value of the consideration for such conveyance as set forth therein' do not mean that the revenue must have regard only to what the parties to the instruments have elected to state the consideration to be, but the duty must be assessed upon the amount or value of the consideration for the transfer as disclosed upon an examination of the terms of the instrument as a whole. ..... the only reference to those persons in the deed of assignment is in the preamble wherein it is stated 'and whereas the assignor having erected a building known as himalaya house on the said piece of land had granted to certain persons the right to occupy flats, offices and shops in the said building and whereas the assignee company has been formed for the better administration of the said building and for the protection of the interests of the persons occupying the flats, offices and shops therein. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC802; 1984LabIC560; 1983(2)SCALE1151; (1984)3SCC161; [1984]2SCR67; 1984(16)LC29(SC)
..... section 15 for payment to an inter-state migrant workman of a journey allowance of a sum not less than the fare from the place of residence in his state to the place of work in the other state, both for outward and return journeys and this section also enacts that the workman shall be entitled to payment of wages during the period of such journeys as if he was on ..... where therefore the thekedar or jamadar is a 'contractor' and the workmen are employed as 'contract labour' within the meaning of these expression as used in the contract labour act, the contractor as well as the principal employer would be liable to comply with the provisions of contract labour act and the contract labour rules and to provide to the contract ..... began to grow stronger and influence the minds of people, and governments, in response to the pressures of egalitarian and socialist-oriented urges, began to enter increasingly upon socio-economic programmes in which legislation and the courts constituted the principal instruments of ..... of freed labourers in uttar pradesh, madhya pradesh, andhra pradesh, karnataka, orissa, bihar, rajasthan, tamilnadu and kerala and the report of the national seminar on 'indentification and rehabilitation of bonded labour' held from 7th to 9th february, 1983 that the pernicious practice of bonded labour has not yet been totally eradicated from the national scene and that it continues to disfigure the social and economic life of the country at certain places. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC2072; JT1990(2)SC448; 1990(1)SCALE342; (1990)2SCC562; [1990]1SCR614
..... the contention of the petitioners that with the enforcement of the motor vehicles act of 1988 as a piece of central legislation, the provisions of section 20 of the karnataka act became void to the extent the state law was inconsistent with the provisions of the 1988 act and, therefore, by operation of the provisions contained in article 254 of the constitution, section 20 stood abrogated and the scheme of the 1988 act ..... the policy of the state towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good and that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; and whereas for the aforesaid purposes it is considered necessary to provide for the acquisition of contract carriages and certain other categories of public service vehicles in the state and for matters incidental, ancillary or subservient thereto....section 2 contains the declaration to the ..... the contract carriage operators in the lands, buildings, workshops and other places and all stores, instruments, machinery, tools, plants, apparatus and other equipments used for the maintenance, repair of, or otherwise in connection with the service of the contract carriage as the state government may specify in that behalf and all books of accounts, registers, records and all other documents of whatever nature relating to the contract carriages vested in the state .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1991]187ITR108(SC); 1995Supp(1)SCC151
..... : [1977]106itr399(kar) allowing the writ petitions filed by the respondent assessee and quashing the notices issued under section 8/16 of the companies (profits) surtax act, 1964.2. ..... these appeals, by leave of this court under article 136 of the constitution, are directed against the judgment and order of the high court of karnataka dated july 3, 1975 (second ito v. ..... after hearing learned counsel for the parties, we do not find any good reason to interfere with the view taken by the high court. ..... there is a preponderance of judicial opinion in favour of the assessee with which we agree.3. ..... the appeals fail and are, accordingly, dismissed. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1991(61)FLR678]; JT1990(4)SC142; 1990(2)SCALE704; (1991)1SCC319; [1990]Supp2SCR196; 1991(1)LC187(SC); (1991)1UPLBEC75
..... the judgments of the district judges whose appointments were later struck down by this court on the principle that the acts of officers de facto are not to be questioned because of the want of legal authority except by some direct proceeding instituted for the purpose by the state or by someone claiming the office de jure, or except when the person himself attempts to build up some right, or claim some privilege or benefit by reason of being the officer ..... the short question which arises in this appeal by special leave is whether the departmental enquiry entrusted to and conducted by a bank official stands vitiated if the said official proceeds with the enquiry and concludes the same after his superannuation during the pendency of the enquiry the high court of karnataka has held that such an enquiry is incompetent and ..... the above reasons, we are of the opinion that the high court was right in quashing the impugned order of punishment but we think having regard to the special facts and circumstances pointed out earlier, it should not have ordered payment of 'all consequential benefits' flowing from the declaration that the ..... occupying or being in possession of an office to which certain duties affecting the members of the general public can be said to be attached. ..... the complaint was made after complying with section 196, criminal procedure code, by the order of or under authority from local government which was de facto, the ..... 5, 1978 along with a stamped cash receipt purported to have .....
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)
..... parasarn, learned counsel appearing on behalf of the state of tamilnadu contended that the provisions contained in section 11 of the act read with article 262 of the constitution only excluded the jurisdiction of the supreme court or any other court to decide any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-state river or river valley. ..... affected the prescriptive rights of the ayacutdars already acquired and existing; and(iii) which 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 in regard to the release of waters by the karnataka government from year to year subsequent to the date of the request made by the state of tamilnadu was at all referred to the tribunal ..... after referring to certain decisions of this court, the tribunal observed that the incidental and ancillary powers must relate to the actual dispute referred and not to any other matter including granting of interim reliefs which are not at all subject matter of reference. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1902; JT1991(3)SC172; 1991(2)SCALE131; (1991)4SCC54; [1991]3SCR102; 1991(2)LC415(SC)
..... order of the karnataka high court, apart, from if the conversion of the site from park to hospital was in accordance with law and whether a private hospital was an amenity or civic amenity under the bangalore development authority act (act 12 of 1976) (in brief the act) and in any case could it be considered as an improvement, under section 19(4) of the act, if so whether the authorities while doing so acted within the constraints of ..... the distinction is that while public parks and play grounds are dedicated to the public at large for common use, and must therefore remain with the state or its instrumentalities, such as the bda or a municipal corporation or any other authority, the ..... section (4) of section 19 says:19(4) if at any time it appears to the authority that an improvement can be made in any part of the scheme, the authority may alter the scheme for the said purpose and shall subject to the provisions of sub-sections (5) and (6), forthwith proceed to execute the scheme as altered.this means that the bda may, subject to certain restrictions contained in sub-sections (5) and (6), alter the scheme, but such alteration has to be carried out pursuant to a formal decision duly recorded in the ..... present day when urbanisation is on increase, rural exodus is on large ..... this means that once an area has been stamped with the character of a particular civic amenity by ..... the absence of any evidence of mala fide the impugned decision of the bda was impeccable and not liable ..... the duty of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1992(6)SC273; 1993LabIC129; 1992Supp(3)SCC212; [1992]6SCR321
..... could also be made by an executive order.6) the power conferred on the state under article 16(4) is one coupled with a duty and, therefore, the state has to exercise that power for the benefit of all those, namely, backward class for whom it is intended.7) the provision for reservation of appointments or posts in favour of any backward class of citizens is a matter of policy of the government, of course subject to the constitutional parameters and well settled principles of judicial review.8) the expression 'poorer sections' mentioned in para 2 (i) of the amended office memorandum of 1991 denotes ..... in passing, i would like to make reference to the pith and substance of the report of kaka kalekar, according to which the relevant factors to consider in classifying 'backward class' would be their traditional occupation or profession, the percentage of literary or the general educational advancement made by them; the estimated population of the community, and the distribution of the various communities throughout the state or their concentration in certain areas.what the expression 'backward class' means?114. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC477; [1992]Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217
..... the state shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the scheduled castes and the scheduled tribes, and shall protect them from social injustice and all forms of exploitation.it is evident that 'the weaker sections of the people' do include the 'backward class of citizens' contemplated by article 16(4).part xvi of the constitution contains 'special provisions relating to certain ..... the reservation is of such a magnitude that the rule regarding equality of opportunity has been destroyed and the court will then come to the conclusion whether the local government or the state government has acted in a reasonable and prudent manner.since this court has consistently held that the reservation under articles 15(4) and 16(4) should not exceed 50% and the states and the union have by and large accepted this as correct it should be held as constitutional prohibition and any reservation beyond 50% would ..... forth an argument that the enabling power conferred under article 16(4) is intended for the benefit of the 'backward classes of citizens' who in the opinion of the state are not adequately represented in the services under the state and that the power is one coupled with a duty and, therefore, has to be exercised by the state for the benefit of those ..... local bodies, statutory corporations and other instrumentalities of the state falling under article 12 of the constitution are themselves competent to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1993CriLJ2609; 1993(2)Crimes459(SC); JT1993(3)SC498; 1993(2)SCALE976; 1994Supp(1)SCC103
..... us learned counsel for the state of karnataka was unable to point out any infirmity whatsoever in the findings recorded by the sessions judge and the high court in so far as the involvement of a12-a18 are ..... we shall first take up the state appeal against the acquittal of a-12 to a-18.10 the learned sessions judge after a careful appraisal of the evidence on record found that the name of a12 (one of the accused in the first set of accused a1 to a12) was not mentioned by pw3 basangouda in his complaint ex.p3, the basis of the fir.it was also found that the name of a12 had been later on introduced, on the next day morning, when the supplementary statements of pw6 and pw9 ..... were recorded during their interrogation on 19.4.1979 by pw21, and after recording a finding that not only were such statements hit by section 24, 25 and 26 of the evidence act, they were also not voluntary and had been introduced only to rope in a13-a18, against whom there was no other evidence available to the prosecution rejected those statements. ..... a consistent version of the occurrence, though at different states of the case he appears to have improved upon his testimony and implicated different accused, as involved in the assault, on the deceased and himself.he is a stamped witness. ..... the high court rightly frowned upon the manner in which certain inadmissible confessions of a13 ..... the wife of shivanagouda (pw6) and the wife of deceased shankargouda were also staying at raichur to take care of the household duties .....
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