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Hindusthan Laminators Pvt. Ltd. and Others Vs. Central Bank of India

Court : Kolkata

Reported in : (1998)2CALLT281(HC),[2000]100CompCas472(Cal)

..... be made in this context to the case of ahmedabad urban development authority v. ..... supreme court cases, 285 where it has been opined by the supreme court that on interpretation of fiscal law a delegated authority must act strictly within the parameters of the authority delegated to it under the act and it will not be proper to bring the theory of implied intent of the concept of incidental and ancillary power in the matter of ..... this court for the reasons as stated hereinbefore is pleased to answer the question that the tribunal has the power and authority to entertain the prayer for relief founded on a plea of mortgage in a composite petition under section 19 of the act and accordingly in view of the reasons as enumerated earlier this court is not in a position to disagree with the conclusion arrived at and as such it upholds ..... as provided in terms of the procedure laid down under section 22 of the act in accordance with the substanllve law of the relevant provisions of chapter iv of the transfer of properly act which is a composite chapter relating to mortgage.12. ..... include the following clauses, namely, combination of simple and usufructory mortgage, combination of mortgage by conditional sale and usufructory mortgage, legal mortgages and other miscellaneous mortgages. ..... state of karnataka, reported in : 1967crilj946 , sound rule of interpretation of a statute is that statute so construed to prevent the mischief and to advance the remedy according to the true intention of the makers .....

Nanjanayaka and Etc. Etc. Vs. State of Karnataka and Others

Court : Karnataka

Reported in : AIR1990Kant97; 1989(2)KarLJ202

..... there is no right in petitioners to win minerals whatever may be the position or circumstances and there is no statutory obligation on these authorities to grant lease in contravention of rules relating to mines act and other mandatory provisions contemplated under the explosives act; law relating to environment and ecology, pollution control act, forest preservation act, wild life protection act, which impose serious restrictions.referring to the facts of each case, respondents deny or do not admit they are the pattadars and in some ..... the rest of the rules in this chapter deal with the obligation to be discharged at the time of quarrying and collecting royalty looking to safety and settlement of disputes, if any.chapter vi deals with grant of mining leases by public auction.chapter vii deals with miscellaneous provisions such as exercise of revisional power, power of entry and inspection, relaxation, ..... hind stone : [1981]2scr742 held thus:--'therefore, this court must hold that pattadars in kollegal taluk or any other area of karnataka state which was comprised in the erstwhile state of madras enjoyed the same proprietary rights as other owners of land in the erstwhile state of ..... , 1987 (an-nexure r-i), matter requires a second look.submission of learned government advocate was that the entire field of regulating, mines, minerals and development is covered by an act enacted by the parliament under entry 54 of list i of seventh schedule and rights, if any, under the state laws get .....

C. Narayanaswamy and Others Vs. State of Karnataka and Others

Court : Karnataka

Reported in : [1993]77CompCas402(Kar)

..... the relevant portion of the order highlighting the losses run up by the silk handloom weavers society, whose management was placed under a special officer under section 30a of the karnataka co-operative societies act, 1959, pursuant to an order made in that behalf on december 24, 1986, indicates that notwithstanding the spell of administration by the special officer that apparently came to an end on may 31, 1990, in the wake of which the management ..... in halsbury's laws of england (fourth edition), volume i, at page 90, para 74, the rule of natural justice will not apply where parliament has evinced an intention to exclude its operation either by conferring on the competent authority unfettered discretionary power or by expressly providing for notice and opportunity to be heard for one purpose, but omitting to make any provision for another purpose ..... additional registrar of co-operative societies (industrial and miscellaneous), bangalore, hereby order the amalgamation of the karnataka state cotton handloom weavers co-operative apex society ltd ..... 243.84 11,680.251983-84 322.28 21,70,541.411984-85 240.33 7,47,616.541985-86 207.72 22,24,910.471986-87 187.42 15,41,430.66 (tentative)1987-88 152.63 11,27,317.35 '1988-89 132.93 20,14,284.25 '1989-90 9,58,509.76 '1990-91 110.79 16,67,284.821991-92 129.08 25,12,694.47 ..... as a sequel to the foregoing development, the thing to be noticed is that whether it is part of an order under section 14a or ..... the same being a concluded chapter, i am afraid, .....

Municipal Commissioner of Dum Dum Municipality and ors. Vs. Indian Tou ...

Court : Supreme Court of India

Reported in : JT1995(5)SC610; 1995(4)SCALE611; (1995)5SCC251; [1995]Supp2SCR433

..... development authority ..... or in connection with the purposes of the airport shall be deemed to have been incurred, entered into and engaged to be done by, with, or for the authority; (c) all non-recurring expenditure incurred by the central government for or in connection with the purposes of the airport up to such day and declared to be capital expenditure by the central government shall, subject to ..... airport,--(a) all properties section assets vested in the central government for the purposes of the airport and administered by the director-general of civil aviation immediately before such day shall vest in the authority; (b) all debts, obligations and liabilities, all contracts entered into and all matters and things engaged to be done by, with, or for the central government immediately before such day for ..... government immediately before such day solely or mainly for or in connection with such affairs of the airport as arc relevant to the functions of the authority under this act shall be treated as on deputation with the authority but shall hold his office in the authority by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement or other terminal benefits as ..... chapter-vi entitled 'miscellaneous ..... bombay sub-urban district and the bombay municipal corporation respectively are making non-agricultural assessment and levying municipal taxes on the ..... 1987 in ..... 1987 .....

A. Gopal Naidu Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : [1989(59)FLR16]; 1989(1)KarLJ189; (1995)IIILLJ692Kant

..... of the andhra pradesh high court had taken the view that in view of the provisions of section 40(1) and (3) of the andhra pradesh shops and establishments act, the dispute touching the retrenchment of workmen covered by that act has to be adjudicated by the authority constituted under that act and the labour court has no jurisdiction to entertain the said dispute and that the validity of retrenchment should be decided on the basis of the provisions ..... of the karnataka act come under chapter ix of the act which deals with miscellaneous provisions. ..... where an employee has been removed or dismissed without reasonable cause or without proof of misconduct, the employee shall, where the employer does not agree to reinstate him, be entitled to such compensation as the appellate authority may determine, provided that such compensation shall not exceed an amount calculated at one month's pay for every year of service subject, in any case, to the maximum of six months pay'section 39(7) provides ..... purnachandra rao, 1987 (2) llj 365, in support of his contention that the question of jurisdiction is concluded by that decision of the supreme court and, therefore, following the aforesaid decision, this court must take the view that the authority constituted under the karnataka shops and commercial establishments act, 1961 (in short 'the karnataka act'), is the proper and only forum for adjudication of the disputes between the petitioner and his workmen ..... me in harugeri urban co-operative credit bank .....

G. Mahadevappa and Sons and Others Vs. State of Karnataka and Others

Court : Karnataka

Reported in : AIR1997Kant294; ILR1996KAR2934; 1996(7)KarLJ402

..... mill initially for a period of five years; and pursuant to the said order, the government of karnataka took over the management of the mill on 4th april, 1979; and the central government by means of another order dated 31st march, 1979, issued in exercise of the powers conferred on it under section 18fb (1)(b) of the industries (development & regulations) act, 1956, the copy of which has been produced as annexure-b to this petition, declared that the ..... but, taking into consideration that in most of the cases, the delhi administration and delhi development authority have taken possession of the lands and even developments have been made, it shall not be proper exercise of discretion on the part of ..... six lakhs fifty nine thousand only) by depositing the same with the commissioner to enable him to disburse the amount to the lessor, lessee or other persons entitled thereto in the manner specified in chapter v of the act, till now the said amount has not been deposited in utter disregard of the mandate of section 9 of the ..... was replaced by means of an act known as 'the karnataka co-operative textile mills (acquisition and transfer) act, 1986' and the same was published in the karnataka gazeue on the 1st day of october, 1986; and thereafter, by means of a notification dated 29th december, 1987, the copy of which has been produced as per annexure-c to this petition, the government of karnataka directed that the said mill would vest in the karnataka state textile private limited, with .....

Siddeshwara International Vs. State of Karnataka Represented by Its Se ...

Court : Karnataka

Reported in : ILR2009KAR1356; 2009(3)KCCRSN99; 2009(4)AIRKarR367

..... per contra, the learned additional government advocate supporting the impugned order contended that though the mining lease was granted on the basis of the recommendations made by the forest and revenue authorities, on a representation made by the trust, a committee was constituted to go into the correctness of the allegations made by the 3rd respondent and the committee after visiting the spot found that ..... earlier by the forest department, holding that the land in question does not fall within forest area and does not form part of western ghats, the other authorities acting on such recommendations granted permission sought for. ..... commissioner, chikmagalur by letter dated 2.2.2006 informed on the basis of the report from aee, minor irrigation, deputy conservator of forests, chikmagalur and environmental officer, karnataka state pollution control board that according to their opinion if mining is allowed, in all 11 ponds/tanks and down below river and streams are likely to get ..... necessary to look into the provisions of various enactments, the way the authorities who are vested with the power to protect, preserve and develop forest, have failed in discharging their duties and violated the law laid down ..... land with open jungle with miscellaneous forest and residual coffee plantation. ..... and notified as such in accordance with the provisions of chapter ii of the act. ..... : [1987]1scr641 as under:preservation of the environment and keeping the ecological balance unaffected is a task which not only .....

Bharath Earth Vs. State of Karnataka and Others

Court : Karnataka

..... to the assistant commissioner from the town planning authority, urban development authority, mysore, a request was made that, if the land in survey no.241/2, 242 and other lands totally measuring 97 acres 38 guntas are acquired and possession has been taken, the same has to be intimated to the town planning authority. ..... the file to show that the letter was addressed by the appellant to the government seeking land for formation and distribution of sites to the employees; and that letter is processed by several authorities of the revenue department and then, the government after due satisfaction and after approval of the request made by the appellant has directed the deputy commissioner to acquire the land for the benefit ..... (prayer: these writ appeals are filed under section 4 of the karnataka high court act praying to set aside the order passed in writ petition nos.766/97 c/w 37048-49/1995 ..... under sub-section (1) of section 4 of the act, the landowners made representations to the government and the state government overruled the objections of the writ petitioners and issued directions for taking further proceedings in the matter vide order dated 25-4-1987 which was followed by a notification dated 4-5-1987 issued under section 6 of the act acquiring the above mentioned lands. ..... that would arise for our consideration are: (1) whether the procedure contemplated under part-vii or chapter-iii of the land acquisition (amendment) act 1961 is applicable for acquisition of lands in question? .....

H.V. Thimmegowda and Others Vs. State of Karnataka

Court : Karnataka

Reported in : 2001CriLJ3156; [2002(94)FLR928]; ILR2001KAR3683; 2001(4)KarLJ548

..... of a deceased owner or occupier and, where a person has been named as a manager of the factory under clause (i) of sub-section (1) of section 7 of the factories act, 1948, the person so named, and (ii) in relation to any other establishment, the person who, or the authority which has the ultimate control over the affairs of the establishment, and where the said affairs are entrusted to a manager, managing director or managing agent, such manager ..... major port, a mine or an oilfield or a controlled industry or in relation to an establishment having departments or branches in more than one state, the central government, and (ii) in relation to any other establishment, the state government, (aa) 'authorized officer' means the central provident fund commissioner, additional central provident fund commissioner, deputy provident fund commissioner, regional provident fund commissioner or such other officer as maybe ..... makes it clear that if the employer contravenes or defaults in paying the contribution amount in respect of its employees as provided for in the employees' provident fund and miscellaneous provisions act, 1952, the accused persons are liable for punishment with imprisonment for a term which may extend to three years or otherwise. ..... industries (development and regulation) act, 1951 vide act 46 ..... 12 of 1974), in respect of economic offences, the provisions of chapter xxxvi of the code of criminal procedure, 1973 do not apply to certain offences which are enumerated in the ..... act, 1987 .....

Union of India Vs. State of Karnataka and Others

Court : Karnataka

..... preferred this writ petition challenging the order passed by the bruhat bangalore mahanagara palike ('bbmp', for short) respondent no.2 dated 3.10.2011 and plan sanctioned by the respondent no.3 town planning authority dated 3.11.2011 and further sought direction to respondent no.2 bbmp to refer the application of the respondent no.4 to government for necessary action and sought writ of mandamus to the respondent no.1, the principal secretary of karnataka urban development department to consider annexure-p2 and p3 applications of poorvankar project ltd. ..... it also obtained an order from bangalore development authority in earmarking certain areas for parks, and open space and the said area has been relinquished in favour of bangalore development authority. ..... while obtaining the plan from the town planning authority dated 8th november 2011, the fourth respondent has produced the sanction plan of 26th june, 2007 issued by the director of town planning, bbmp has flouted section 299 of the karnataka municipal corporation act and rule 8 of kmc rules 1977. ..... for the establishment of defence research laboratories by d.r.d.o, government of india, the first respondent government of karnataka acquired lands for their benefit and notifications were issued to acquire an extent of 113 acres 16.5 guntas vide notifications dated 22.1.1987 and 30.5.1989 respectively u/s 4(1) and 6(1) of the land acquisition act. ..... chapter iv provides for production of additional documents. .....