Judgment Search Results Home > Cases Phrase: mulki rules act 1972 Court: karnataka Page 10 of about 8,585 results (0.047 seconds)

S. Deepika Bhat and Others Vs. Union of India, Represented by Departme ...

Court : Karnataka

..... conclusion that though under the relevant staiute of the university as amended, theoretically, it may be possible to appoint a doctor of philosophy or a doctor of science as the principal of a lavv' college, taking into account the requirements of the advocates act, the rules of the bar council of india and the main purpose of legal education, the court would be justified in holding that as regards the post of the principal of a law college, it would be necessary for the proposed incumbent also ..... and law schools have sought for clarification on the above circular, the bar council of india clarifies the last para of the circular as follows: - in view of the bar council of india, l egal education rules - 2008, university grants commission act and regulations, decision of hon 'ble supreme court of india and subsequent decision of high court of tamil nadu, all universities, deemed to be universities, law schools and others offering ll.b courses are informed that ..... ) (prayer: this writ petition filed under articles 226 and 227 of the constitution of india praying to declare the part iv chapter ii rule 5 of bar council of india rules as unconstitutional, discriminatory, arbitrary and section 86 read with 34[2] lii] and section 49 of the karnataka state law university act 2009 is violative of articles 14 and 15 of the constitution of india and etc;) (prayer: this writ petition filed under articles 226 and 227 of the constitution of india praying to quash the .....

Ramdev Agencies Vs. Additional Assistant Commissioner of Commercial Ta ...

Court : Karnataka

Reported in : (2007)6VST644(Karn)

..... and commonly used as absorbents of moisture in the process of manufacture in paper manufacturing units fall within the ordinary and common parlance meaning of the word 'textiles' in item 30 of the schedule 'b' to the punjab general sales tax act, 1948, and are exempt from tax.the word 'textiles' in item 30 of schedule 'b' must be interpreted according to its popular sense, meaning that sense which people conversant with the subject-matter with which the ..... to begin with, what requires to be noticed is, clause 1 of the notes appended to the additional duties of excise (goods of special importance) act, 1957 ('the act', for short), which makes a reference to the provisions of the central excise tariff act, 1985, for understanding the meaning of the expression 'heading', 'sub-heading' and 'chapter' in the schedule.13. ..... appellant is a dealer registered under the provisions of the karnataka sales tax act, 1957 ('the kst act', for short) and the central sales tax act, 1956 ('the cst act', for short) and is engaged in the business of sales of mill-made and handloom cotton ..... it is, therefore, a rayon fabric covered by item 18 of the schedule to the rajasthan sales tax act, 1954, and exempt from sales tax under the central sales tax act, 1956, during the assessment years 1969-70, 1970-71, 1971-72 and for the first six months of 1972-73, and this exemption was not dependent on payment of additional excise duty under the additional duties of excise (goods of special importance) act, 1957.26. .....

M. Veerabhadraiah and Another Vs. The Union of India, By Its Secretary ...

Court : Karnataka

..... the said committee, invited certain advocates, who were already designated as senior advocates, to make suggestions with regard to the rules to be drafted for exercise of power under section 16(2) of the act, and that eleven designated senior advocates, the chairman of the karnataka state bar council, the president and general secretary of advocates association, bengaluru, participated in the meeting and exchanged their views orally as well as ..... though section 49 of the act empowers the bar council of india to make rules with regard to the manner in which seniority amongst advocates must be determined and also the conditions subject to which an advocate shall have the right to practice in a court and section 49a of the act empowers the central government to make rules, section 16 or section 34 of the act do not contemplate the high court making any rule with regard to designation of advocates as senior ..... the full court at its meeting held on 14/12/2012 resolved to direct the registrar general to secure the rules and guidelines framed by the other high courts, regarding designation of senior advocates as per section 16(2) of the act and also, any procedure adopted by other high courts in that ..... question. the hon'ble supreme court held that non framing of rules does not curtail the power of the state government and by virtue of section 19 of the aforesaid act, state government was authorized to declare any area as air pollution control area by means of a notification published in .....

State of Mysore Vs. Udipi Co-operative Milk Society Ltd. and anr.

Court : Karnataka

Reported in : AIR1960Kant80; AIR1960Mys80; 1960CriLJ494

..... their lordships held that:'sections 7 and 16 of the prevention of food adulteration act, will not primarily apply to the servant, the secondary seller of adulterated food, unless he sold it for his own benefit, and the servant selling the food on behalf of his master can only ..... the secretary of the udipi co-operative milk society was not actually in charge of the milk sales and as such was not responsible for the alleged offence; (ii) that there was contravention of section 10(7) of 'the act' and as such the prosecution is vitiated; and (iii) that p.w. ..... prevention of food adulteration rules 1955, in this connection.it shows that the purchase in question was made in the presence of two witnesses as required by section 10(7) of 'the act'. ..... view the words 'himself or by any person on his behalf' found in section 7 of our act takes the liability of the servant. ..... 'adulterated food' is defined in section 2(1) of 'the act' section 2(1)(a) says :'unless the context otherwise requires, an article of food shall be deemed to be adulterated (i)(a) if the article sold by a vendor is not ..... : air1930cal295 , while interpreting section 7(1) of bengal food adulteration act (1919) which provision is pari materia with section 7 of 'the act'.english courts have also taken the same view is construing the corresponding provisions in the english act. ..... for an offence under section 16(1) read with section 7 of prevention of food adulteration act (act 37 of 1954), which shall be hereinafter called 'the act'. .....

Meghashyam Bhat Vs. Seetharam Jois

Court : Karnataka

Reported in : ILR2000KAR2287; 2000(5)KarLJ106

..... thata desika charyulu v state of andhra pradesh, a constitution bench was to consider whether the jurisdiction of the settlement officer and the tribunal created under the estates abolition act to determine whether shotrium village was an inam estate was exclusive and the civil court's jurisdiction to try the dispute was barred. ..... application filed by the defendants pointing out to the court that the civil court had no jurisdiction in view of section 133 of the karnataka land reforms act, 1961 and the land tribunal alone was competent to decide the question of tenancy when the same was in dispute. ..... despite the fact that no express exclusion of the civil court's jurisdiction was made under the act it was held that very provision setting up an hierarchy of judicial tribunals for the determination of the questions on which the applicability of the act depends was sufficient in most cases to infer that the jurisdiction of the civil courts to try the ..... v state of bombay, the questions which arose were whether an assessment made in violation of the bombay sales tax act could claim the status of an assessment made under that act, and whether the nature of the transactions was a decision of collateral fact. ..... the ruling referred to above can be summed up as follows:(1) when a suit is filed for injunction then the civil court can certainly go into the question as to whether the plaintiff is entitled to ..... there is no rule or law prohibiting the court in considering the question of ownership in a .....

The Chief Officer Town Panchayath Vs. Gunasundarammanni and Others

Court : Karnataka

..... under section 72 of the karnataka municipalities act, 1964, for short 'act' r/w rule 39 of the karnataka municipalities (guidance of officers, grant of copies, miscellaneous provisions) rules, 1966, for short 'rules', by public auction, since the said provisions relate to competence of municipal council to sell, lease or contract or otherwise transfer any immovable property belonging to it and, the procedure in respect thereof by auction and none other. 4. ..... in the first place the agreement did not confer and could not have conferred any right to the privilege of use of the commercial complex, being a public premises, by respondents since neither section 72 of the act nor rule 39 of the rules provide for such an agreement by way of a private negotiation. ..... in addition it was noticed that section 72 of the act, and rule 39 of the rules were mandatory intended to protect public revenue which cannot be dealt with arbitrarily and in the secrecy of an office. ..... if regard is had to the law declared by the division bench in mohan p.sonu's case (supra), it is needless to state that the circular instructions contrary to section 72 of the act and rule 39 of the rules, are inoperative, illegal and unenforceable. ..... that circular insofar as it runs contrary to the act and rules, creating rights and obligations of the statute do not supplement the law. 14. .....

Mysore Chest Care and PaIn therapy Centre (Private) Limited, Mysore an ...

Court : Karnataka

Reported in : 2001(5)KarLJ429

..... industrial concern to make immediate repayment of any loan or advance under section 30 and the industrial concern fails to make such repayment then, without prejudice to the provisions of section 29 of this act and ofsection 69 of the transfer of property act, 1882 (4 of 1882), any officer of the financial corporation, generally or specially authorised by the board in this behalf, may apply to the district judge within the limits of whose jurisdiction the ..... the provisions of sections 29 and 31 and ruled that on conjoint reading of sections 29 and 31 of theact it appears to us that in case of a default in repayment of loan or any instalment or any advance or breach of agreement, the corporation has two remedies available to it against defaulting industrial concern, one under section 29 and another under section 31 of the act, the choice for availing the remedy under section 29 or 31 of the act is that of the financial corporation alone and ..... proceedings in terms of the provision of sections 31 and 29 of the act cannot be maintained, he strongly relies on the ruling of the supreme court (in para 13) in the said judgment. ..... the court however, ruled that it is open to the petitioners to challenge and question the legality and propriety of the corporation's action initiated under section 29 of the act by any other independent action ..... , has ruled in unmistakable terms that the corporation cannot invoke its power under section 29 after invoking its power under section 31 of the act. .....

The Commissioner of Income Tax Vs. Smt. Amarjeet Kaur and ors.

Court : Karnataka

Reported in : (2006)201CTR(Kar)134; ILR2006KAR1060; [2006]283ITR71(KAR); [2006]283ITR71(Karn)

..... , it could be to overcome the pronouncement of decisions by various high courts, wherein it is stated that in considering the allowability of an expenditure under section 10(2)(xv) of the income tax, act 1922, and the corresponding provision, namely, section 37 of the income tax act, 1961, one cannot travel outside the provisions of the income tax act and deny the benefit of deduction under that section on the ground that the payment is unauthorised or has been prohibited by some statute.18. ..... in our view, answers the requirements of definition of 'money circulation scheme', which is banned under the provisions of the prize chits and money circulation schemes (banning) act, 1978.now coming back to the facts of this case, in the previous year relevant to the assessment year, the assessee had received deposit of rs. ..... view, this scheme has all the basic ingredients of money circulation scheme, which is banned under section 3 of the prize chits and money circulation schemes (banning) act, 1978, and therefore, the expenditure incurred by the assessee is an expenditure prohibited by law and therefore, in view of explanation inserted by finance (no. ..... it is manifestly necessary and indeed, to say so is to state the obvious, that the activity charged as falling within the mischief of the act must be shown to be a part of a scheme for making quick or easy money, dependent upon the happening or non-happening of any event or contingency relative or applicable to the enrolment of members into .....

Peerjade Husen Sab MohadIn Vs. Commissioner of Labour, Bangalore and o ...

Court : Karnataka

Reported in : [1965(10)FLR12]; (1964)IILLJ451Kant

..... there is no voters' list as such, yet the register kept by respondent 2 of its employees who satisfy the requirements of rule 46 and are entitled to cost their votes in the election, may be taken as the voters' list. ..... therefore, we hold that the labour commissioner has acted contrary to the requirements of rule 58 and, consequently, the order passed by him in such circumstances must be ..... , the petitioner and respondents 5 to 8; secondly, that under rule 58 of the industrial disputes (mysore) rules, 1957, the government has delegated to the labour commissioner its power to dissolve a works committee after making such enquiry, as he deems fit, at any time by an order in writing if he is satisfied that the committee has not been constituted in accordance with the rules; and thirdly, that it is not permissible for him to delegate his power to hold inquiry himself to ..... therefore, since respondent 1 has not acted in conformity with rule 58, any order passed by him under it cannot be ..... stated, the rules require that respondent 1 himself should make such enquiry as he deems fit and he cannot shirk that responsibility by asking either the labour officer or the assistant commissioner to investigate into the matter and report to him and then act on their reports ..... of the gokak girani rashtriya mazdoor sangha and pointed out that there was no provision for the publication of the voters' list either in the industrial disputes act, 1947, or the industrial disputes (mysore) rules, 1957. 9. .....

Smt. Sarojamma and ors. Vs. Smt. Neelamma and ors.

Court : Karnataka

Reported in : II(2005)DMC567; ILR2005KAR3293; 2005(5)KarLJ66

..... is null and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of the act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.'10. under these circumstances, when the object of sub-sections (1)and (2) of ..... . the observation made in the said decision at paragraph 4 of the judgment that the deemed legitimate children of the void marriages under section 16 of the act are not entitled to share in ancestral estate, was made, in our view, in the facts of that case where a suit for partition was filed by the sons who are found to born ..... . from the principles enunciated in the various decisions discussed above, it is quite clear that even prior to the advent of section 16 of the hindu marriage act, both as per the shastraic and textual law as well as the decisions of the highest courts, the illegitimate son of a sudra is entitled to enforce a ..... of a marriage which is null and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person, other than the parents, but for the passing of the act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents. ..... section 8 of the succession act provides for general rules of succession in the case .....