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Chamundi Hotel (P) Ltd. and ors. Vs. State and ors.

Court : Karnataka

Reported in : ILR1997KAR1573

..... 16.4.1996, 21.5.1996, 21.6.1996, 20.7.1996 and 26.8.1996, the ministry of home affairs was requested to obtain and communicate the assent of the president to the bangalore palace (acquisition and transfer) bill, 1996. ..... records reveal that after the bangalore palace (acquisition and transfer) ordinance, 1992 was approved by ..... of the constitution of india, it is hereby declared that the provisions of this act are enacted for giving effect to the policy of the state towards securing the principles specified in clause (b) of article 39 of the constitution,' section 4 reads:'transfer and vesting of the palace in the state government : on the appointed day, the bangalore palace (hereinafter referred to as the 'palace') and the right, title and interest of the legal representatives or heirs or other persons in relation to the palace, shall, by virtue of this act stand transferred to, and shall vest absolutely in the state government. ..... is with respect to the enactment of the bangalore palace (acquisition and transfer) act, 1996 (karnataka act no. ..... 25.11.1949, the maharaja is stated to have formally made a proclamation to the effect that the constitution of india, after its adoption by the constituent assembly, shall be the constitution for the state of mysore (annexure 'e'), on 23.1.1950, an agreement is stated to have been entered into between the governor general of india and the maharaja of mysore regarding the privy purse, private property and rights and privileges (annexure 'f'). .....

K. Basavaraje Urs Vs. State Bank of Karnataka and Others

Court : Karnataka

..... r.b sathyanarayana singh, the learned additional government advocate appearing for the respondents 1 and 2 submits that sections 15 and 26 of the mysore palace (acquisition and transfer) act, 1998 provide for the state government to appoint an executive officer and such number of other officers as it considers necessary to assist him. ..... however, this does not mean that the third respondent s service can be continued indefinitely in the garb of the appointment being until further orders and in the wake of the government order, dated 9-5-2014 (annexure-e) prescribing the eligibility that the one to be appointed as the director of the board has to be from k.a.s, group a, senior, scale or k.a.s, group a, selection ..... submits that as the respondent 3 is not entitled to hold the public office of director of mysuru palace board, she is to be ousted there from by issuing the write of quo warranto. ..... , the learned counsel for the petitioner submits that the government order, dated 9-5-2014 (annexure-e) prescribes the eligibility for the appointment of the director of mysuru palace board; he has to be from k.a.s, group a, senior scale or k.a.s, group a, selection grade. ..... the government shall take a call on this issue as expeditiously as possible and any case within an outer limit of eight weeks from the date of the issuance of the certified copy of today s order. ..... prior to her appointment as the director of mysuru palace board, she was working as joint controller of state accounts department. .....

The Commissioner of Income Tax Vs. Smt Meenakshi Devi Avaru

Court : Karnataka

..... that with the bangalore palace (acquisition and transfer) act, 1996 enacted by the state of karnataka and the appointed date notified of the said act on 21/11/1996 by virtue of section 4 of the said act, the entire bangalore palace and the lands appurtenant thereto including the lands in question held and possessed by the respondent assessee - sisters, stood vested in the state government and therefore, irrespective of the challenge to the said enactment by the assessees before the court of law which failed before the high court and the matter ..... general effect of vesting. ..... wadiyar appellant (s) versus state of karnataka & ors (with appln(s), for directions and stay and respondent (s) quashing and setting aside the circular) (with office report) date:14/9/1998 this petition was called on for hearing today. ..... the interim order passed by the hon ble court master sd/- apex court on 14/09/1998 in civil appeal date of judgment 30-08-2018 w.t.a.no.1/2015 & connected matters the commissioner of income tax & anr. vs. ..... and another 57/113 appeals by the assessee sisters against the state government and the interim orders of the hon ble supreme court dated 22/04/1997 and 30/04/1997 in slp (civil) no.8801/1997 and connected matters, the interim order dated 14/09/1998 in civil appeal no.3303/1997 (sri srikanta d.n. ..... this order may be read in continuation of our order dated 10-8-1998. .....

Uco Bank and anr. Vs. Rajinder Lal Capoor

Court : Supreme Court of India

Reported in : 2007AIRSCW3656; AIR2007SC2129; 2007(6)SCC694; 2007-III-LLJ-352(SC); JT2007(8)SC581

..... bank officer employees' (discipline and appeal) regulations, 1976 (for short 'the 1976 regulations) have been framed by reason of section 19 of the banking companies (acquisition and transfer of undertakings) act, 1970 in consultation with the reserve bank of india and with the previous sanction of ..... 3 of segulation 16 where the bank is satisfied that the performance of an officer is unsatisfactory or inadequate or there is a bonafide suspicion about his integrity or his retention in the bank's service would be prejudicial to interests of the bank, and where it is not possible or expedient to proceed against him as per the disciplinary procedure, the bank may terminate his services on giving him three months' notice or emoluments in lieu thereof in accordance with the guidance issued ..... : air2008sc876 , this court held:50-with a view to read the provisions of the act in a proper and effective manner, we are of the opinion that literal interpretation, if given, may give rise to an anomaly or ..... the relevant provisions of the 1979 regulations so as to contend that by reason thereof, a legal fiction has been created to the effect that a disciplinary proceedings shall be deemed to be pending, if the delinquent officer was placed under suspension or any notice was issued to him to show cause why any disciplinary proceedings shall not be initiated against him and will be deemed to be pending untill the final orders are passed by the competent authority. 7. ..... was issued only on 13.11.1998. .....

Gibson Vs. Chouteau

Court : US Supreme Court

..... 5 ] the supreme court of missouri, considering that by this doctrine of relation, the legal title, when it passed out of the united states by the patent, instantly dropped back in time to the location of the first act or inception of the conveyance and vested the title in the owner of the equity as of that date, held that the statute intercepted the title as it passed through the intermediate conveyances from that period to the patentee. ..... with the legal title, when transferred, goes the right to possess and enjoy the land, and it would amount to a denial of the power of disposal in congress if these benefits, which should follow upon the acquisition of that title, could be forfeited because they were not asserted before that title ..... the second hearing, the court adhered to all its previous rulings except that which related to the effect of the statute of limitations, and upon that it changed its previous ruling and held that the statute barred the right of action upon the patent. ..... in a communication dated in march, 1847, the commissioner required the surveyor general of missouri to examine into the interferences and ascertain the residue of the o'carroll claim, and stated that on the return to the land office "of a proper plat and patent certificate for said residue, a patent" would issue. ..... supreme court accordingly reversed the decision of the land court, and the case was brought here on writ of error under the 25th section of the judiciary act, and is reported in gibson v. .....

Rajendra Prasad S/O Brij Nath Vs. Union of India (Uoi) Through Secreta ...

Court : Allahabad

Reported in : 2005(2)ESC1224; (2005)2UPLBEC1767

..... , air 1980 sc 643, and after considering the provisions of the madhya pradesh municipalities act, 1961 the court came to the conclusion that unless the statutory rules itself puts and embargo for transfer by a class iv or low paid employee, there can be no bar to transfer the said employee. ..... abbas (supra), the apex court has observed that the government instructions on transfer are mere guidelines without any statutory force and the court or tribunal cannot interfere with the order of transfer unless the said order is alleged to have been passed by malice or where it is made in violation of the statutory provisions.9. ..... mishra, learned counsel for the appellant has submitted that petitioner-appellant is a class iv employee and he could bot be transferred in view of the transfer policy unless he has prayed in writing for transfer or he is being promoted; petitioner-appellant belongs to the scheduled tribes and therefore, as per the government order contained in annex. ..... it creates vested interest and therefore we find that even from the british times the general policy has been to restrict the period of posting for a definite period. ..... in first land acquisition collector and ors. v. ..... , (1998) 7 scc 654, the hon'ble apex court explained the meaning of words 'as far as possible' as under:-'............these words are not prohibitory in nature. .....

Shayara Bano Vs. Union of India and Ors. Ministry of Women and Child D ...

Court : Supreme Court of India

..... state of karnataka, (2011) 9 scc1 dealt with the constitutional validity of the roerich and devikarani roerich estate (acquisition and transfer) act, 1996, the legal validity of section 110 of the karnataka land reforms act, 1961, notification no.rd217lra93dated 8-3-1994 issued by the state government thereunder and the scope and content of article 300-a of the constitution. ..... counsel desired us to notice, that the instant submission had been advanced without prejudice to the contention being canvassed by him, that the validity of personal law cannot be tested at all, with reference to the fundamental rights vested in individuals under part iii174of the constitution, for the reason, that personal law cannot be treated as law within the meaning of article 13 of the constitution.105. mr. ..... her majesty's government are desirous of placing the christian subjects of the crown within the presidency in the same position under the high court, as to matters matrimonial in general as they now are under the supreme court, and this they believe to be effected by clause 35 of the charter. ..... state of maharashtra, (1998) 2 scc1 this court held that after passage of time, a law can become arbitrary, and, therefore, the freezing of rents at a 1940 market value under the bombay rent act would be arbitrary and violative of article 14 of the constitution of india (see paragraphs 8 to 15 and 31).47. ..... nawab hyder ali of mysore made cow slaughter an offence punishable with the cutting of the hands of the .....

Udhav Uttam Patil Vs. Daga Holkya Bhil Since Deceased Through L.Rs. an ...

Court : Mumbai

Reported in : 2001(3)ALLMR841; 2001(2)BomCR597; (2001)4BOMLR249; 2001(3)MhLj916

..... have been purchased or acquired under or in accordance with the provisions of the relevant tenancy law by a non-tribal transferee or where any acquisition has been regularised on payment of penalty under such law and such land is in possession of a non-tribal transferee and has not been put to any non-agricultural use on or before the 6th day of july, 1974, then the collector shall, notwithstanding anything ..... the commencement of this act shall, after making such inquiry as he thinks fit, direct that--(i) the lands of the tribal transferor and non-tribal transferee, so exchanged shall be restored to each other; and the tribal-transferor, or as the case may be the non-tribal transferee shall pay the difference in value of improvements as determined under clause (a) of sub-section (4); or(ii) the land transferred otherwise than by ..... it has been held that if an authority is vested with the power to take an action, without providing for any limitation, even in such case it is the duty of the authority to take an action within a reasonable time and if the action is taken after unreasonable time or ..... these provisions were not found sufficient and persons belonging to the scheduled tribes, because of their poverty, lack of education and general backwardness, had been exploited by various ..... 1950 and the bombay tenancy and agricultural lands act, 1948 had been effective in giving protection to the persons belonging to the scheduled tribes as well as to suggest among other things suitable .....

Amarjit Singh Vs. Punjab National Bank and Others

Court : Delhi

Reported in : [1987]61CompCas153(Delhi); [1987(54)FLR261]; (1986)IILLJ354Del

..... regulation could be amended only by a regulation similarly made and it is common case that the regulations are made in exercise of powers conferred by section 19 read with sub-section (2) of section 12 of the banking companies (acquisition and transfer of undertakings) act by the board in consultation with the reserve bank of india and with the previous sanction of the central government ..... section 5 sets out the general effect of ..... subordinates at lower levels what is the impact of treatment of public sector undertakings, as instrumentalities of the state on the employment relations and in their day to day operations and is there an alternative legal frame for public sector undertakings, which may strike a reasonable balance between the claims of job security, on the one hand, and the claim of effective and flexible administration of the sector, on the other is it possible to dispense with the principles of natural justice or other wholesome principles ..... . we also heard learned counsel for the parties on some of the larger questions as to the nature and importance of public sector, in general, and the nationalised banking sector, in particular, as to the extent to which principles enunciated in the 'law of master and servant', the law relating to 'service under the state', principles of administrative law, and the principles forming part of the industrial jurisprudence could be applied to matters arising in service in the public sector in relation to the level of officers, to .....

C.V. Raman and ors. Vs. Bank of India and ors.

Court : Chennai

Reported in : [1985]57CompCas126(Mad); (1984)IILLJ34Mad

..... , is not a company incorporated pursuant to the provisions of the companies act, but is a body created by statute, namely, the banking companies (acquisition and transfer of undertakings) act, 1970. ..... of any country outside india, the provisions of this act by themselves are not effective to transfer or vest any asset or liability situated in that country which forms part of the undertaking of an existing bank to, or in, the corresponding new bank, the affairs of the existing bank in relation to such assets or liability shall, on and from the commencement of this act, stand entrusted to the chief executive officer may exercise all powers and do all such acts and things as may be exercised or done by the existing bank ..... the general effect of vesting is stated in section 5 as follows : '5. ..... to find out whether a nationalised bank will fall under the exemption clause, it is necessary on our part to make a reference to the banking companies acquisition and transfer of undertakings act of 1970 (central act 5 of 1970). ..... the learned judge, on an analysis of the shops act and on going through the important provisions of the banking companies (acquisition of undertakings) act, 1970, hereinafter referred to as the nationalisation act, came to the conclusion that the bank of india was an establishment under the government of india and, therefore, section 4(1)(c) of the shops act would apply, which means the bank will fall out of the purview of the shops act. .....