Judgment Search Results Home > Cases Phrase: karnataka treasure trove act 1962 section 20 power to make rules Court: supreme court of india Page 1 of about 77 results (0.133 seconds)

Hanuman Laxman Aroskar Vs. Union of India

Court : Supreme Court of India

..... 33 on 27 january 1994, the moef, in exercise of the powers conferred by sub- section (1) and clause (v) of sub-section (2) of section 3 of the 1986 act read with clause (d) of sub-rule 3 of rule 5 of the environment (protection) rules, 1986, issued a notification33 imposing restrictions and prohibitions on the expansion and modernisation of any activity or new project unless an ec was ..... in the north to kanyakumari in the south with an average elevation of more than 600 metres and traverses through six states namely, gujarat, maharashtra, goa, karnataka, kerala and tamil nadu; and whereas, western ghats is a global biodiversity hotspot and a treasure trove of biological diversity and it harbours many endemic species of flowering plants, endemic fishes, and invertebrates and it is also an important center of evolution of economically ..... hearings and to forward the proceedings to the regulatory authority within the stipulated time; (iv) placing on the website of the pollution control board a summary of the eia report in the prescribed format and the making available of the draft eia report by the regulatory authority on a written request by any person concerned, for inspection; (v) the duty of the applicant to address all material concerns expressed during the process ..... : the proper test for determining whether a question of law raised in the case is substantial would, in our opinion, be whether it is of general public importance or whether it directly 57 (2019) 4 scale21858 1962 supp. .....

Shakuntala Vs. The State Of Karnataka

Court : Supreme Court of India

..... on information given in writing by any person or suo motu, and after such enquiry as he deems necessary, the assistant commissioner is satisfied that the transfer of any granted land is null and void under section 4(1) of the act of 1978, he may, by order, take possession of such land after evicting all persons in possession thereof, in such manner as may be prescribed, and restore such land to the original grantee or his legal heir. ..... state of karnataka and another [(2020) 14 scc232, this court noted that section 4 of the act of 1978 did not prescribe the period within which an application thereunder could be made nor did it prescribe the period within which suo motu action could be taken, but held that an application for resumption of land under sections 4 and 5 of the act of 1978 made after a delay of 25 years would be barred and no annulment of the transfer ..... , learned senior counsel, is that the long delay on the part of respondent no.5 in initiating proceedings under section 4 of the act of 1978 should be deemed fatal, as more than 43 years had 4 passed by and the land had ..... passed therein, the sub-divisional officer held that the original grant was made under the depressed class rules in favour of somalanayak, who belonged to a scheduled caste, and it was therefore covered by the prohibitory mandate of section 4 of the act of 1978. ..... this grant was made under the depressed class rules in the land revenue code with an express condition that the land should not be alienated for .....

Mr. Robert John d'Souza and Ors. Vs. Mr. Stephen v. Gomes and Anr.

Court : Supreme Court of India

..... pant, j.this appeal is directed against order dated 9.10.2014, passed by the high court of karnataka at bangalore in criminal petition no.658 of 2014 whereby said court has dismissed the petition, and declined to quash the criminal complaint case no.357 of 2012, filed by ..... think it proper to observe that in the present case, even if the allegations made in the complaint are taken to be true, the ingredients of the offence punishable under section 409 ipc for which appellants are summoned, are also not made out. ..... to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat . ..... to constitute an offence punishable under section 409 ipc, apart from entrustment, it is also essential requirement that it should be shown that the accused has acted in the capacity of a public servant, banker, merchant, factor ..... cases, we are of the opinion that it is neither possible nor desirable to lay down an inflexible rule that would govern the exercise of inherent jurisdiction. ..... would reveal that the courts have consistently taken the view that they must use this extraordinary power to prevent injustice and secure the ends of justice. ..... appellant no.3 were president, secretary and treasurer respectively, while appellant nos. .....

Indore Development Authority Vs. Shailendra (Dead) Through Its Lrs. An ...

Court : Supreme Court of India

..... absence of amount being deposited in court since the time immemorial in most cases where reference is not sought, amount had been invariably deposited in the treasury 64 as provided in statutory rules framed under section 55 of act of 1894 and other standing order issued by state governments, and there were decisions of this court which have simply laid down that in case landowner is not responsible for delay in ..... section 55 of the 1894 act empowers the state to make ..... the period of five years has to be counted or not, it should be clarified that it will apply only to cases where awards were passed under section 11 of the land acquisition act, 1894, 5 years or more prior to 1.1.2014 as specified in section 24(2) of the act, to avoid any ambiguity.since this legislation has been passed with the objective of benefiting the land-losers, this interpretation is consistent with that objective ..... litigation which have been lost by landowners even up to this court; thereafter some persons are filing cases on the basis of power of attorneys or sale deeds which are not permissible after land has vested in the state and purchase after issuance of notification under section 4 is illegal and void and no such right is given to such incumbents to re-open the whole gamut of issues and ..... that is ensured by adding the words "or the date of commencement of the industrial disputes (karnataka amendment) act, 1987, which is later" to the words "within six months from, the date of communication to ..... 1962 .....

Indore Development Authority Vs. Manoharlal and Ors. Etc.

Court : Supreme Court of India

..... . 1978 (2) elt416(sc), the court in that case considered the question whether there was or was not an implied power to hold an inquiry in the circumstances of the case in view of the provisions of the section 4 of the central excise act read with rule 10(a) of the central excise rules and referred to the aforesaid passage "the maxim" is often a valuable servant, but a dangerous master ..... gobind141 , this court considered the provisions requiring payment of one month s wage under section 33 of industrial disputes act for 141 1962 (supp3) scr318making a valid discharge or dismissal ..... . kunhaliumma, (1976) 4 scc634 it may be seen that under the central act sans the karnataka amendment, there was no right to approach the principal civil court of original jurisdiction to compel a reference, and no time-limit was also fixed for making such an ..... the admitted position is that pursuant to the notification published under section 4(1) of the land acquisition act, la (for short the act ) in gor no.1392 industries dated 17-10-1962, total extent of 6 acres 41 cents of land in madhavaram village, saidapet taluk, chengalpattu district in tamil nadu was acquired under chapter vii of the act for the manufacture of synthetic rasina by tvl ..... . then the appellants challenged the original goms no.1392 industries dated 17-10-1962 contending that since the original purpose for which the land was acquired had ceased to be in operation, the appellants are entitled to restitution of the possession taken from .....

P.S. Sairam and anr. Vs. P.S. Rama Rao Pisey and ors.

Court : Supreme Court of India

Reported in : AIR2004SC1619; 2004(2)ALD108(SC); 2004(5)ALLMR(SC)386; 2004(2)AWC998(SC); (SCSuppl)2004(2)CHN184; 2004(1)CTC619; [2004(2)JCR98(SC)]; JT2004(2)SC114; 2004(4)KarLJ355; 2004(2

..... view, in the absence of any appeal against the decision of the high court reducing the share of the plaintiff and his sister after holding that the karnataka amendment was not applicable, it is not open to the plaintiff to challenge the said decision as by its reversal, the share of plaintiff and his ..... the court held that section 6a of hindu succession (karnataka amendment) act, 1990 [hereinafter referred to as 'the karnataka amendment'] which conferred equal right to a daughter in co-parcenary property, was applicable in ..... family property in security for the good conduct of a member of the family employed on a post was sufficient to make the emoluments of the post to be income in the hands of joint family only if it were shown that the said act was detrimental to the family property in the said case, as the act of furnishing security was not found to be detrimental to the family property, the court held that the income received ..... the individual income of sheel chandra as salary but was part of income of the hindu undivided family and taxed it as such on account of the fact that he was appointed as a treasurer because his father was treasurer in the bank before him and joint family property was furnished by way of security. ..... in that case, one adishwar lal was treasurer of a bank who had two sons and ..... chandra, was employed as overseer in the bank during the life time of his father and upon father's death, he was appointed as treasurer in the bank on a monthly salary of rs. ..... treasurer .....

Rakesh Kumar Agarwalla Vs. National Law School of India University, Be ...

Court : Supreme Court of India

..... to the provisions of this act and the regulations, the academic council shall, in addition to all other powers vested in it, have the following powers namely:- xxxxxxxxxxxxxxxxxx (7) to appoint committees for admission to the school; xxxxxxxxxxxxxxxxxx64(11) to make arrangements for the conduct of examinations and to fix dates for holding them; xxxxxxxxxxxxxxxxxx (16) to perform, in relation to academic matters, all such duties and to do all such acts as may be necessary for ..... submission of shri datar that power under section 13 empowering the executive council to frame regulations and power under section 10 to administer, manage and control the school are two separate powers and even though the regulations have not been framed under section 13 regarding admission of the students, the executive council can very well exercise its power under section 10 to administer, manage ..... (v) the respondent no.3 may take decision at an early date restoring the status of respondent no.2 as the secretary-treasurer of the consortium as 107 well as restoring the secretariat of the consortium as to nlsiu, keeping in mind that scheduled exam ..... memorandum of association of consortium of national law universities, which is a registered society under karnataka societies registration act, 1960 registered on 26.03.2019 contains a list of initial members subscribers of the consortium ..... have no connection with the standard of education, or that the rules for admission are covered only by entry 25 of list iii .....

Selvaraj Vs. State of Karnataka

Court : Supreme Court of India

..... and (3) the different phraseology used in the judgments of this court, such as (i) "substantial and compelling reasons", (ii) "good and sufficiently cogent reasons", and (iii) "strong reasons" are not intended to curtail the undoubted power of an appellate court in an appeal against acquittal to review the entire evidence and to come to its own conclusion; but in doing so it should not only consider every matter on record having a bearing on the questions of ..... the appeal has been preferred as against the judgment and order convicting and sentencing the appellant for commission of offence punishable under section 5(1)(d) of the prevention of corruption act, 1947, thereby reversing the judgment of acquittal passed by the trial court and sentencing him for three months with a fine of rs.50,000/- and in default to ..... high court has fallen into an error by treating the case as one under section 13(1)(e) read with section 13(2) of the 1988 act and by proceeding to hold the appellant guilty by invoking the explanation to section 13(1)(e), which explanation is conspicuous by its absence insofar as section 5(1)(e) of the act is concerned. ..... the foregoing discussion yields the following results: (1) an appellate court has full power to review the evidence upon which the order of acquittal is founded; (2) the principles laid down in sheo swarup ..... india civil appellate jurisdiction criminal appeal no.1172 of2008selvaraj appellant versus state of karnataka respondent judgment arun mishra, j.1. .....

M/S. State Bank of Patiala Tr.Gen.Manager Vs. Commr. of Income Tax,pat ...

Court : Supreme Court of India

..... we are of the view that the karnataka high court s reasoning is fallacious for the simple reason that section 2(7) itself makes a distinction between loans and advances made in india and discount on bills of exchange drawn or made in india. ..... in such a situation, ignoring the intermittent acrobatics as to whether the amount can be understood as interest or could continue to have the character of its description as compensation in accordance with the provisions of section 32 of the negotiable instruments act, 1881, would be wholly unnecessary, at least for the purpose of consideration as to whether the amount can assume the character of "chargeable interest". ..... state bank of indore, (1988) 172 itr24has reasoned thus:- now the right to charge the amount for delay in payment of bills accrued to the assessee by virtue of the provisions of section 32 of the negotiable instruments act, 1881, and in accordance with the terms of the agreement entered into by the assessee with its constituents in pursuance of which bills were purchased by the assessee. ..... we have gone through the judgments rendered by various high courts as quoted above and are not in conformity with the view of karnataka and punjab and haryana high court and we concur with the view of madhya pradesh & kerala high court. ..... the bank has ready facilities for recovery, more statutory powers of stringent character and, therefore, the practice gets established that the makers hand over the overdue bills to the bank for recovery. .....

Assessing Officer Circle (international Taxation) 2(2)(2) New Delhi Vs ...

Court : Supreme Court of India

..... , any convention or event flowing from a convention, as in creation of rights and liabilities of third parties to conventions 8 article 253 "legislation for giving effect to international agreements notwithstanding anything in the foregoing provisions of this chapter, parliament has power to make any law for the whole or any part of the territory of india for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body. "9. ..... , provided the following benefits expressly on different dates, having regard to the fact that india entered into dtaas with oecd members and gave them effect, subsequently: now, therefore, in exercise of the powers conferred by section 90 of the income-tax act, 1961 (43 of 1961), the central government hereby directs that the following modifications shall be made in the convention notified by the said notification which are necessary for implementing the aforesaid convention between ..... within the british empire there is a well-established rule that the making of a treaty is an executive act, while the performance of its obligations, if they entail alteration of the existing domestic law, requires legislative action. ..... commissioner of income-tax3, the judgment of the karnataka high court in apollo tyres ltd. v. ..... notification in the gazette, based upon some enacted law (some instances are the extradition act, 1962 and the income tax act, 1961). .....