Court : Karnataka
Decided on : Apr-29-1988
Reported in : AIR1989Kant125; ILR1988KAR1518
Bopanna, J.1. Constitutional validity of the Chit Funds Act, 1982 (Act No. 40 of 1982) (in short the Act) is challenged in this batch of writ petitions.2. In Writ Petition No. 17110 of 1984 the petitioner is a Chit Fund Company registered in Tamil Nadu under the Tamil Nadu Chit Funds Act. But, it is carrying on the business in Bangalore through its branch office. The business in Bangalore is part of the total business carried on in Tamil Nadu and no separate balance sheet or audit report for the Bangalore branch is prepared and drawn up for the purpose of the Companies Act, 1956.2. 1. Petitioner in Writ Petition No. 8744 of 1986 is a registered partnership firm and it has averred that its main object is to promote the business of chit for the benefit of the common people. All the members of the partnership firm are alleged to be financially sound with good financial background and necessary experience in the Chit Fund business.2.2. Petitioner in Writ Petition No. 15062 of 1985 is a pri...
Tag this Judgment!Court : Karnataka
Decided on : Mar-30-1988
Reported in : ILR1988KAR1380; 1988(1)KarLJ466
Prem Chand Jain, C.J.1. This Judgment of ours would dispose of Writ Appeal Nos. 1942, 1943, 2184, 2250, 2251, 2253, 2309 & 2565/1987, as a common question of law and fact arises in all these cases.2. The principal question of law that needs decision in these cases is whether an Adhyaksha having been properly authorised through a resolution by the Zilla Parishad, can validly nominate two persons from the Backward Classes under Section 5(3) of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (hereinafter referred to as the Act).3. So far as the facts are concerned, there is no dispute. What the Zilla Parishads have done in all these cases is that they have authorised their respective Adhyaksha (President) by resolution properly passed to nominate two persons from the Backward Classes and in pursuance to that resolution, the Adhyaksha has made such nominations. Through all these petitions, the nominations made by the Adhyaksha have ...
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