Judgment Search Results Home > Cases Phrase: mulki rules act 1972 Court: karnataka Page 6 of about 8,585 results (0.051 seconds)

Union of India Vs. Binny Limited

Court : Karnataka

Reported in : 1990LC341(Karnataka); 1990(50)ELT23(Kar); ILR1990KAR1297

..... /by government without authority of law and that he had made such payment under mistake of law, he can always make a demand before the government for the refund of the amount on the basis of section 72 of the contract act and if the government fails to make such refund, it is open to the party either to file a civil suit or to approach this court in a petition under article 226 of the constitution of india for recovering the amount so paid or ..... in this representation, the respondent expressly stated that the above claim for refund was being made outside the purview of section 11-b of the act in the light of the ration of the judgment of the supreme court in the case of bombay tyre international limited (supra). 3. ..... of course the departmental authorities are bound by provisions of the act and the rules in the matter of levy of assessment and refund as has been held by the supreme court in the case of collector of central excise v. m/s ..... this writ petition was filed before this court on 21-11-1984 which is well within the period of three years prescribed under the limitation act which is the period prescribed for filing a suit for recovery of any money paid under a mistake. ..... therefore, an application for refund before the assistant collector under section 11-b of the act could be made only within a period of six months from the date on which the duty was paid ..... xxx xxx xxx (4) save as otherwise provided by or under this act, no claim for refund of any duty of excise shall be entertained .....

Narayana Swamy Vs. Smt. Muniyamma (Dead) by L.Rs and Others

Court : Karnataka

Reported in : ILR1999KAR1608; 1999(6)KarLJ261

..... create a charge on his interest in the land in favour of the state government, a financial institution, a co-operative land development bank, a co-operative society or a company as defined in section 3 of the companies act, 1956 in which not less than fifty-one percent of the paid up share capital is held by the state government or a corporation owned or controlled by the central government or the state government or both for development ..... holding such lands shall, as against the state government, be entitled only to such rights or privileges and shall be subject to such conditions as are provided by or under this act; and any other rights and privileges which may have accrued to them in such lands before the date of vesting against the landlord or other person shall cease and determine shall ..... to the other a clear and unequivocal promise of representation which is intended to create legal relationship to arise in future knowing or intending that it would be acted upon by other property to who the promise or representation is made and it is in fact so acted upon by the other party, the promise or representation (herein the compromise petition agreeing to execute the sale deed) would be binding on the party making it ..... be invalid, and such land shall vest in the state government free from all encumbrances and shall be disposed in accordance with the rules relating to grant of government lands'. 29. ..... the rules apply not only if there has been delivery of possession to the purchaser .....

Harison and Company Vs. the Additional Commissioner of Commercial Taxe ...

Court : Karnataka

Reported in : ILR2005KAR1078; [2006]146STC609(Kar)

..... the assessment and appeal proceedings are complete and since the smr proceedings being supervisory and not continuation of assessment proceedings, a dealer under the act need not preserve the books of accounts beyond the period prescribed under rule 26 of the kst rules and therefore, mere fact that the account books were not produced, is not sufficient to hold branch transfers as interstate sales unless each transactions ..... the bombay high court was considering the provisions of section 12-a(3) of the bombay sales tax act and rule 41-a of bombay sales tax rules, 1946 and the issue before the court was whether an assessee under the act was obliged to present the books of accounts and documents even after completion of assessment ..... these proceedings and as a prudent businessman, in order to support its claim from payment of tax under the cst act, should have preserved the documents until all the proceedings are completed and therefore, it cannot plead that it was not obliged to preserve the documents beyond the time limit provided under rule 26(10) of the rules.23. ..... covered under forum 'f' are proved otherwise on its own merits and lastly, the transactions between the head office of the appellant with its branch office at ponda-goa does not satisfy the ingredients required under section 3(a) of cst act .....

Commissioner of Central Excise, Vs. M/S. Godavari Sugrar Mills Ltd.,

Court : Karnataka Dharwad

..... , the 6 cenvat credit may be utilized for payment of service tax on any output services and rule 3(4) of the cenvat credit rules, 2004, read with section 68 of the finance act, 1994, particularly, are referred to and extracted, which read as follows: (4) the cenvat credit may be utilized for payment of- a) any duty of excise on any final product; or b) an amount equal to cenvat credit taken on inputs if such inputs ..... , bangalore, vide annexure-d and to confirm the demand under show 2 of cenvat recovery cause notice so far as service tax of rs.15,36,051/-, demanding of rs.22,31,610/- along with interest at also proposed for imposition of penalty under section 76 of finance act, 1994 and rule 15(3) of cenvat credit rules, 2004, by the adjudicating authority vide order in original no.11/2006 adc dated 31.10.2006 be upheld, etc.,. ..... are removed as such or after being partially processed; or c) an amount equal to the cenvat credit taken on capital goods if such capital goods are removed as such; or d) an amount under sub rule (2) of rule 16 of central excise rules, 2002; or e) service tax on any output service; 7 s.68(1) and (2) of the finance act, 1994 read as follows: sec.68. .....

Shivappa Gurlingappa Savalgi Vs. Collector of C. Ex., Bangalore

Court : Karnataka

Reported in : 2000(123)ELT67(Kar)

..... that appeal was dismissed for non-compliance with the provisions of section 189 of the sea customs act read with rule 215 of the central excise rules 1944, in accordance with the provisions of which the appellant had to deposit the excise duty demanded of ..... those statutory provisions make it clear that it is the manufacturer of the excisable goods that is liable to pay the excise duty and sub-rule 2 of rule 9 makes it perfectly clear that it is not necessary that the excisable goods should be in the possession of the manufacturer at the time when ..... rested this argument on the provisions of rule 9 of the rules made under the act, according to which no manufacturer can remove the goods manufactured by him from the premises referred to in sub-rule 1 of that rule, without the payment of the duty payable ..... was alternatively urged that even if the petitioner could be regarded as a manufacturer of oil within the meaning of the act, the demand made by the department for the payment of the excise duty was without the authority of law and, ..... of the petitioner is that no excise duty is payable by him under the provisions of the central excises and salt act, 1944, under which the demand was made for the payment of the excise duty in this case. ..... to the definition of the words 'manufacture' and 'manufacturer' occurring in section 2(f) of the act and has urged before us that he does not come anywhere within the four corners of that definition ..... rule 7 of the rules made under the act provides for the .....

C. Rangappa Lachmiah and ors. Vs. the Range Forest Officer, Raichur an ...

Court : Karnataka

Reported in : AIR1972Kant76; AIR1972Mys76

..... on statute law, 6th edition, page 87:'.....if a too literal adherence to the words of the enactment appears to produce an absurdity or an injustice, it will be the duty of a court of construction to consider the state of law at the time the act was passed, with a view to ascertaining whether the language of the enactment is capable of any other fair interpretation, or whether it may not be desirable to put upon the language used a secondary, or restricted meaning, or perhaps to adopt a construction ..... added that it could not have been the intention of the rules making authority to exclude such a large number of established saw mills from the purview of licensing provisions, especially when the rules under the mysore forest act, 1900, (which was repealed by the act) provided for saw mills taking licences.20. ..... to go into the validity of clause (k) of sub-section (2) of section 50 of the act, of rules 163 and 164 of the rules and of forms nos. ..... powers conferred by sections 30, 33, 38, 50, 59, 97, 101 and 102 of the act, the government of mysore made the rules which came into force on 27-3-1969.4. ..... 1918 of 1970, the petitioners have prayed for striking down clause (k) of section 50 (2) of the act, rules 163 and 164 and forms 43 and 44 appended to the rules.3. ..... 1970, in addition to similar prayers, the petitioners have prayed for striking down rules 163 and 164 of the rules as being ultra vires of section 50 of the mysore forest act. ..... different acts and rules were in force in different .....

M.C. Krishna Murthy Vs. Mysore Revenue Appellate Tribunal and ors.

Court : Karnataka

Reported in : AIR1963Mys329

..... these rules read:'rule 1: these rules may be called the rules for the grant of permits without counter-signature.rule 2 : they shall extend to whole of the state of mysore.rule 3 : the regional transport authority of any region may, subject to the provisions of section 45 of the motor vehicles act 1939, issue a permit to be valid in any other region or regions without the counter-signature of the other regional transport authority or the other regional transport authorities concerned and shall as soon as possible ..... send copies of such permit to the other regional transport authority or regional transport authorities concerned.rule 4: the regional transport authority granting a permit under rule 3, shall before issuing a permit --(a) notify under section ..... that rule, it is clear, is a rule to be made by the government, since the word 'prescribed' occurring in sub-section (1), according to the definition contained of that word in section 2(21) of the act means prescribed by rules made under this act. ..... the investigation of the validity of this contention requires reference in the first instance to the provisions of section 63 of the act and the rules made under section 63(1).6. .....

N. Narasimhaiah Vs. Karnataka State Financial Corporation and ors.

Court : Karnataka

Reported in : 2003(5)KarLJ164

..... of sale or lease in regard to the property of a surety secured in favour of sfc would amount to enforcing the liability of surety, that enforcing the liability on the surety is contemplated and permissible under section 31 of the act, and not under section 29, and that a reading sections 29 and 31 in their proper perspective, would show that section 29 is intended to vest certain, rights in the financial corporations to take direct action for recovery of dues ..... 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 of section 69 of the transfer of property act, 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 industrial concern carries ..... to transfer the secured assets by way of lease or sale, conferred on the financial corporation under sub-section (1) of section 29, when read with sub-sections (4) and (5) of section 29 and provisions of section 31 of the act, would make it clear that the power of sale and lease under section 29(1), is intended to be exercised only in regard to the assets of the industrial concern and cannot be exercised in regard to the surety's property. ..... the first and primary rule of construction is that the intention of the legislation must be found in the words used .....

Dr S J Rajalakshmi Vs. The Manager

Court : Karnataka

..... to airmen (notams), aeronautical information publication, aeronautical information circulars (aics), notice to aircraft owners and maintenance engineers and publication entitled civil aviation requirements issue special directions not inconsistent with the aircraft act, 1934 or these rules, relating to the operation, use, possession, maintenance or navigation of aircraft flying in or over india or of aircraft 24 registered in india and takes appropriate steps in the public interest and by order in ..... taken and the equipment to be carried for the purpose of ensuring the safety of life; (n) the issue and maintenance of log-books; (o) the manner and conditions of the issue or renewal of any licence or certificate under the act or the rules, the examinations and tests to be undergone in connection therewith, the form, custody, production, endorsement, cancellation, suspension or surrender of such licence or certificate, or of any log-book; (p) the fees to be charged in connection ..... may carry passengers, mails or goods, or may be used for industrial purposes and the certificates, licences or documents to be carried by aircraft; (f) the inspection of aircraft for the purpose of enforcing the provisions of this act and the rules thereunder, and the facilities to be provided for such inspection; (g) the licensing of persons employed in the operation, manufacture, repair or maintenance of aircraft; [(ga) the licensing of persons engaged in air traffic control; the (gb) certification .....

Smt. G K Akshata Vs. V Raghavendra

Court : Karnataka

..... or holder in due course, who may not be aware of the indoor administration of a company or the partnership firm, lodges a complaint under section 138 and 141 of the negotiable instruments act with the averment that the director or the partners concerned were in charge of and responsible for the conduct of the business of the partnership firm concerned, then it will have to be construed ..... an alternative story as to why the duly signed cheques were handed over to the company and no case is set up with nature of transaction which availed beyond the scope of section 138 of ni act and whether the petitioner was in charge of the affair of the firm or not, again it is a disputed fact and i have already pointed out that in paragraph-2 of the complaint, specific averments ..... managing partner, 2 other partners are responsible and in charge of the business of the partnership firm at the time of committing the offence under sec.138 of the n.i.act, has never been raised in the reply notice (which has never been sent) or while cross-examining pw-1 or at the stage of sec.313 questioning of the accused ..... to the facts of these cases because, in the said case, the hon'ble supreme court was considering maintainability of an appeal under sec.11(2) of the special court's act,1979 which was enacted for a special purpose for speedy disposal of cases and the special court was headed by a sitting judge of the high court; iv) that the ..... as a general rule, notice to a principal is notice to all his agents; .....