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Sapathagiri Enterprises and ors. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : ILR1996KAR2991

..... the government issued a notification on 18th june, 1990 publishing a draft rules to amend the karnataka excise (distillery & warehouse) rules, 1967 in terms of section 71 of the karnataka excise act inviting objections and suggestions from all persons likely to be affected on or before ..... reasons stated above, these petitions stand allowed and the impugned rules shall stand quashed to the extent of enhancing the licence fee ..... the contention advanced on behalf of the petitioners is that the said rules are manifestly arbitrary inasmuch as for the previous excise year the licence ..... parting with privilege to manufacture spirit out of molasses or units which use spirit for purposes of manufacturing intoxicant liquors; that appropriate procedure has been followed in levying the impost in the impugned rules and there is no arbitrariness in the levy of the said impost.5. ..... the petitioners are calling in question the validity of the rules framed by the respondents under section 71 of the karnataka excise act, 1965 known as karnataka excise (distillery and warehouse) (amendment) rules, 1992.2. ..... is tax in the guise of fee and levy of such fee is impermissible in law;(2) that proper procedure has not been followed in levying the impost in question;(3) that the impost, under the impugned rules is arbitrary, irrational and contrary to article 14 of the constitution.4. ..... issued under the excise act in respect of distilleries the same are governed by the karnataka excise (distillery and warehouse) rules. .....

Gowri Industries Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1993KAR3153; 1993(4)KarLJ604

..... power may be taken away as and when the central government makes an order under section 18-g as held in tika ramji's case.quite obviously, so far, while fixing the price of rectified spirit purporting to act under rule 17 of the state rules, state actually acted in accordance with the ethyl order or it may have acted on the ground that state had the exclusive privilege to deal in rectified spirit under entry 8 of list ii which was never questioned.28 ..... . in the instant case, on the issuance of ethyl alcohol (price control) order 1971, (for short, referred to as 'ethyl ordey), state lost its independent power to act under rule 17 to fix the price of ethyl alcohol, because the price to be charged for ethyl alcohol has to be only according to the said order in respect of three categories mentioned in the table' attached to clause (2) of ..... .'tika ramji's case was referred at page 1291 while considering the argument that the central act provided for the rules to be on the lines of the state act and therefore, subject was occupied by the central law; the state contended that until the rules were made under the central act there was no repugnancy and in support of this proposition tika ramji's case was relied to point out that repugnancy must exist in ..... . granville austin in his 'the indian constitution, cornerstone of a nation' (1972 edition) said, at page 186:'the political structure of the indian constitution is so unusual that it is impossible to describe ..... . union of india (1972) 2 scr 526 .....

Mysore Paper Mills Officer's Association, Bhadravathi And Others Vs. M ...

Court : Karnataka

Reported in : 1999(5)KarLJ680

..... respondents that the action against the concerned officers in these petitions came in the way of the decisions of the management and further if no action would not have been taken against them for their alleged acts subversive of discipline or good behaviour, the discipline in the mills would have seriously eroded as they are the officers in their department and sections and it would be impossible for the management of the mills ..... act of them is an act of misconduct under clause 27.2 of the mpm officers' service rules ..... rule 27.2 of the officers' service rules reads thus:'27.2 commission of any act subversive of discipline or good behaviour'.it is stated in these writ petitions by the petitioners that their action was peaceful and it was by way of peaceful protest which is permissible in law under the ..... act is a misconduct under clause 27.2 of the mpm officers' services rules ..... to justify their action of passing demotion orders against the second and third petitioners for their serious acts of misconduct under the officers' service rules. ..... act and also an infringement of the fundamental rights guaranteed to them under articles 14, 16, 19 and 21 of the constitution of india and violation of the statutory rights conferred upon them under the officers service rules ..... that the second and third petitioners have been demoted from grade vi to grade v for the reasons that they have been wearing black badges and that they have committed an act of misconduct under the officers service rules. .....

K.R. Chandrashekar S/O Late Rudraiah Vs. Deputy Conservator of Forests ...

Court : Karnataka

Reported in : ILR2007(3)KAR2799; 2007(3)KCCR1933; 2007(3)AIRKarR195

..... petitioner gave a representation, to the 1st respondent contending that he is not liable to pay the value of the trees by virtue of section 75 of the karnataka land revenue act and the rules and also in view of the decision of this court in n.k. ..... impugned order is set aside and matter is remanded back to the respondent authority to act in the light of the observation made above and pass orders in accordance with law. ..... per the circular dated 14.12.2005, the value of the trees growth will have to be assessed at the rate prevailing at the time of assessment and not at the rate prevailing on the date of grant as per rule 85 of the karnataka forest rules, 1969 based on the seigniorage rates. ..... according to the respondent, as per rule 11(4) of the karnataka land grant rules, they have got a right to take the prevailing market value at the time of seeking permission and that right is said to have been reserved as a condition of ..... as per the provisions of the free preservation act, petitioner only sought for permission to fell the trees and the respondent authorities ought not have imposed the condition by way of seigniorage value and collect the same though malik had been ..... /- was levied on the petitioner as per rule 11(4) of the karnataka land grant rules, 1969. ..... by paying malik and also subject to revision as it appears the forest department intends to retain right over the trees which were standing till they are cut and removed under permission as per rule 11 of the land grant rules.13. .....

M. Pramila and Others Vs. State of Karnataka, Urban Development Depart ...

Court : Karnataka

..... 5) if there is a conflict between section 7 of the act and rule 72-d of the karnataka municipal corporations (election) rules, 1979 ('the election rules', for short), on the one hand, and section 10 of the act on the other hand, whether the word "corporation" used in section 10 of the act should be read down to mean "only the elected councilors" so as to harmonize the provisions of law ..... appreciated the provisions of the act and the elections rules holistically, having concluded that there is no contradictions between these provisions, this court need not enter into the issue whether the election rules violate the provisions of the parental act or not moreover, in case the elections rules do violate the act, what would be the ..... under the proviso contained in section 7 (1) (b) of the act, the nominated persons are certainly debarred from voting in the meeting, but sections 7 and 10 of the act and rule 72-d of the election rules bestows ample right to vote and the right to participate in the election of mayor and the deputy mayor, upon the mps, the mlas and ..... if the word "corporation" in section 10 of the act is not read down, and is given an extended meaning to include the mps, the mlas and the mlcs, then both section 10 of the act, and rule 72-d of the election rules would be in violation of article 243-r of the constitution ..... whether the word "councilor" used in section 7 of the act, and rule 72-d of the election rules should be confined only to "the directly elected councilors" or .....

N. Satish and Others Vs. State of Karnataka, Represented by its Princi ...

Court : Karnataka

..... the sanctity of the right of privacy, keeping in mind the vast data stored by intermediaries, keeping in mind the great danger posed by unauthorised usage of such data, the information technology act and the rules, made there under, prescribe not only procedure for sharing of such data, lay down the circumstances under which information can be given to the state authorities, but also impose the penalty of ..... valid certificate of fitness issued under section 56 and is at all times so maintained as to comply with the requirements of this act and the rules made there under ; (b) that the vehicle to which the permit relates is not driven at a speed exceeding the speed permitted under this act ; (c) that any prohibition or restriction imposed any fares or freight fixed by notification made under section 67 are observed in connection ..... (prayer: these writ petitions are filed under articles 226 and 227 of the constitution of india praying to strike down the impugned rules notified dated 2.4.2016 issued by r-1 at annexure-a as being ultra vires of the motor vehicles act, 1988 and violative of articles 14, 19(1)(g) and 301 of the constitution of india and etc.this writ petition is filed under articles 226 and 227 of the constitution of india ..... the impugned notice, mentioned above, inter alia on the ground that since the aggregator rules are ultra vires the act, since the said rules are unconstitutional, therefore the transport commissioner is not justified in issuing the said notice. .....

Shri Kudli Sringeri Maha Samsthanam Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1992KAR1827; 1992(3)KarLJ258

..... can make the judicial decisions, judgments or orders of courts or tribunals ineffective is exhaustively dealt with and explained thus:'.....the legislature cannot by a bare declaration, without more, directly over-rule, reverse or override a judicial decision, it may, at any time in exercise of the plenary powers conferred on it by articles 245 and 246 of the constitution render a ..... 'not below the rank of an assistant commissioner' shall be substituted: (b) after clause (14), the following clause shall be inserted, namely:- '(15) 'tribunal' means a tribunal constituted under section 48 of the karnataka land reforms act, 1961': (2) in section 9 - (a) in sub-section (i), for the words 'deputy commissioner', the word 'tribunal' shall be substituted: (b) in sub-section (2) (a) in clause (a), - (i) for the ..... clause (b), the following clause shall be inserted, namely:- '(c) the provisions of sections 48a, 48c and 112 of the karnataka land reforms act, 1961 and the relevant rules framed thereunder shall mutatis mutandis apply to an enquiry for determination of a claim under this section and the decision of the tribunal shall ..... , namely, - 'such land shall be disposed of in accordance with the rules relating to granted lands'; (c) after clause (b), the following clause shall be inserted, namely, - '(c) the provisions of section 48a, 48c and 112 of the karnataka land reforms act, 1961 and the relevant rules framed thereunder shall mutatis mutandis apply to an enquiry for determination of .....

Binny Ltd. Vs. Union of India and ors.

Court : Karnataka

Reported in : 1985(6)ECC71; 1985LC690(Karnataka); 1986(25)ELT154(Kar)

..... when there was clearance without payment of duty under the act, on the basis of the elaborate rules found in chapter-e iv of the rules in general and rules 96v and w in particular and notification no. ..... sri jagadeesan has lastly contended that the duty, if any, paid from 24th july, 1972 to 5th december, 1972 was adjustable towards duty payable if any, on blended yarn on the basis of notification no ..... in response to the same, the petitioner showed caused on 14th december, 1972 before the assistant collector of central excise, bangalore iii division, bangalore-1 ('the assistant collector') in which it inter alia urged that the entire quantity of yarn had been manufactured and consumed in the manufacture of fabrics ..... 62 of 1972 issued by government on 17th march, 1972 extended the benefit of the special procedure contained in chapter-e(iv) of the rules on blended yarn manufactured in composite textile mills and that notification that is material reads thus : notification no ..... this notification issued by government on 24th july, 1972, is prospective and does not purport to withdraw the exemption, concession or privilege extended to the manufacturers on the manufactured article for the earlier period ..... 62/72-central excises, dated the 17th march, 1972, the words, brackets, letters and figures 'yarn containing two or more of (a) synthetic staple fibre of cellulosic origin, (b) jute (including bimlipatam jute or mesta fibre) and (c) cotton, wherein the jute (including bimlipatam jute or mesta .....

The Food Inspector Vs. V.V. Gangadharan

Court : Karnataka

Reported in : 1983CriLJ1732

..... p-7 clearly reads as, 'i hereby certify that, i, the senior chemist, public health institute, bangalore-9 public analyst for city municipal council, mangalore duly appointed under the provisions of the prevention of food adulteration act, 1954, received on the 12th april, 1979 from the food inspector, city municipal council, mangalore a sample of cow's milk vide letter no. ..... thus, where there is no evidence that the food inspector sent a copy of the memorandum and a specimen impression of the sea, used to seal the packet to the public analyst separately by post, there is non-compliance of the rules which vitiates the evidentiary value of the report of the public analyst'. ..... the food inspector pw-1 sampled the milk purchased from the accused in the presence of the accused and panch witnesses as per the procedure laid down under the act and the rules framed thereunder. ..... anasuya then contended that rule 7 of the prevention of food adulteration rules is mandatory and that it had not been complied with by the food inspector, r ..... 7 of the act (ii) whether the milk purchased from the accused by the food inspector is adulterated (iii) whether rules have been complied with in this case 8 ..... 13(1) of the act and sub-rule (3) of r. ..... as stated above, both rules 7 and 18 are mandatory in nature and compliance thereof had to be ..... 7 of the food adulteration rules, the public analyst had furnished a report in form ..... , 1981 cri lj 1149 (kant) and contended that non-compliance with rule 7 was fatal and if r. .....

The South Indian Sugar Mills Association (Karnataka) and Others Vs. Go ...

Court : Karnataka

..... on the document, 'vision 2030' brought out by the indian institute of sugarcane research, lucknow, he submits that the problem of delayed payment of cane arrears cannot be perpetuated, as the same is acting as a strong deterrent in the augmentation of cane acreage and cane development, which is also affecting the stability in the cane supply position. 81. ..... it is clear that confiscation would arise only in the event an offence is committed under section 66 read with section 192-a of the mv act and, therefore, such provision could not have been enacted without the assent of the president as the same directly impinges upon article 254 of the ..... of these judgments would clearly laid down the contours with regard to the judicial review in the matters of price fixation is permissible, which is essentially a legislative act and yet again it should satisfy the test of reasonableness, by keeping in mind the purpose to be achieved while exercising such power. ..... w.p.no.21982/2014 is filed by a sugar manufacturer challenging the validity of the karnataka sugarcane (regulation of purchase and supply) act, 2013, ['2013 act' for short] and also the notification, dated 23.11.2013 and the consequential show cause notice, dated 12.5.2014 demanding the payment of amounts towards the purchase of sugarcane and in default thereof to ..... the first and primary rule of construction is that the intention of the legislature must be found in the words used by the ..... no rule of natural justice is applicable to any .....