Court : Karnataka
Reported in : AIR1989Kant35
..... distributorship agreement without assigning any reason and therefore the said clause is patently arbitrary and violative of art. 14 of the constitution. consequently, the said clause, as well as the impugned order by which the distributorship agreement was terminated, ..... an opportunity to show cause against the cancellation of the leases. it was urged on the strength of a. k. kraipak v. union of india, : [1970]1scr457 that the distinction made between administrative and quasi-judicial action is thin and a vanishing one. this argument appears to us to be wholly irrelevant inasmuch as ..... both at the time of selecting and appointing distributors for the supply of lpg as also at (he time of termination of distributorship, the corporation has to act in a manner not violative of art. 14 of the constitution. clause 27(n) of the agreement confers arbitrary power on the corporation to terminate the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR2817; 1988(2)KarLJ455
..... questions would merit consideration only if the case of the plaintiff was virtually fool-proof in nature. that was a case in which the plaintiff american cyanamid had a patent in certain surgical sutures. it feared that a produce put-forward by the defendant ethicon ltd., engaged in the production of a similar product would interfere with its ..... agreed, the railways declined the request and hence the claim for holding railways bound to their earlier assurance, regard being had to the fact that the company had fully acted upon the same. under those circumstances, the court held the, railways bound to the assurance given earlier in the context. the court made in that enunciation the following ..... trial judge i must at this stage go back to the decision of the house of lords in american cyanamid company's case, ilr karnataka 1976(1) 426.39. as already pointed out lord justice diplock after declaring that there was no rule as was believed that the existence of a strong prima facie case was the .....
Tag this Judgment!Court : Karnataka
Reported in : 2003(5)KarLJ26; (2003)IIILLJ861Kant
..... of k.s. hegde, j., speaking for the bench of the supreme court in the case of chandra bhawan boarding and lodging, bangalore v. state of mysore, : (1970)iillj403sc . while delivering the judgment of the court, his lordship pointed out that.-'freedom of trade does not mean freedom to exploit. the provisions of the constitution are not ..... pay minimum wages to their labourers even though the labourers, on account of their poverty and helplessness, are willing to work on lesser wages'.39. minimum rate of wages fixed under the act is remuneration payable to the worker as one package of fixed amount and that in cases where the minimum wage is linked with the cost ..... constitution are not enforceable by any court, it is the duty of the state to apply these principles in its governance which includes making laws also. according to articles 39, 39(e), 42 and 43 of the constitution, the state shall direct its policy towards securing, that the citizens have the right to an adequate means of livelihood, .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR2565; 1992(3)KarLJ378
..... the supreme court will have to be read. a full bench of our high court in the case of govindanaik v. west patent press co. concluded thus : '5........ if two decisions of the supreme court on a question of law cannot be reconciled ..... the various decisions of this court adverted hereinabove. a division bench of this court in nihal singh v. rao birendra singh, : (1970)3scc239 , speaking through bhargava, j. has observed: '.........the pleading was so vague that it left a wide scope tothe appellant to ..... ambit and limits of the inquiry at the trial of the election petition. 18. before the amendment of the r.p.act by act 27 of 1956, section 83(3) provided for an amendment of an election petition in so far as 'particulars' of corrupt ..... which must be pleaded, and failure to plead even a single material fact amounts to disobedience of the mandate of section 83(1)(a). 39. 'particulars', on the other hand, are 'the details of the case set up by the party'. 'material particulars' within the contemplation .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1990Kant320; ILR1990KAR2125
..... the scope and ambit of clause (4) has been the subject matter of interpretation by the supreme court. in the case of southern railway v. rangachari, : (1970)iillj289sc , the question for consideration was, whether the power of the state to reserve posts in favour of backward classes was confined to initial recruitment or to promotion ..... the aforesaid notification.3. the grounds on which the legality ofthe notification has been challenged may be summarised thus :(i) according to s. 49(3) of the act, universities are required to invite applications by open advertisement for every post of professor, reader or lecturer, as the case may be, and at the stage of ..... backward classes have been made in accordance with the government order issued from time to time and also in accordance with the provisions of the karnataka state universities act, 1976.1. for vacancies classified as pertaining to sc/st candidates only, candidates of other categories are not eligible to apply.2. candidates who have .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1988Kant194; ILR1987KAR3679; 1987(3)KarLJ549
..... of this state have adjusted to this provision all these years. in such a situation, unless the petitioners establish by cogent reason, that the impugned provision, is patently arbitrary or unjust or that, the circumstances have changed so as to make the law unconstitutional in the present changed set up, court cannot strike down the ..... , by resort to dilatory tactics or otherwise. a liberal interpretation of s. 29(4) as any other equitable provision, harmonises it with the objects of the act and its scheme.39. it was argued that, s. 29(4) goes far beyond the wordings of s. 29(l). section 29(l) says that no tenant shall be ..... social welfare legislation are intended to protect tenants against harassment and exploitation by landlords, safeguarding at the same time the legitimate interests of the landlords. the rent act seeks to preserve social harmony and promote social justice by safeguarding the interests of the tenants mainly and at the same time protecting the legitimate interests of the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR2882; [1997]225ITR590(KAR); [1997]225ITR590(Karn); 1997(42)KarLJ18
..... for starting a hotel business and the second one for doing estate business under the name and style 'venkateshwara real estate enterprises ltd.' on 11th dec., 1970, an agreement was entered into between the late maharaja and the petitioner-company for sale of 110 acres of land for a consideration of rs. 1,25 ..... s. 269ue : ..... ...... ....' 'sec. 269ul(1). notwithstanding anything contained in any other law for the time being in force, no registering officer appointed under the registration act, 1908 (16 of 1908), shall register any document which purports to transfer immovable property exceeding the value prescribed under s. 269uc unless a certificate from the appropriate authority that ..... having falsely stated in the writ petition that they are the owners of the property in question and for having suppressed material facts as noticed above. 39. for the said reasons, i am not inclined to issue a writ of mandamus as sought for by the petitioners. writ petition is accordingly dismissed with .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2002Kant1; ILR2002KAR2377
..... of its board of trustees. such being the case, mr. goulay argued, the impugned resolution and the termination notices are patently illegal on this score, besides being vitiated for want of formal enquiry and investigation into the alleged misconduct of any of ..... the trust registration office of the concerned assistant charity commissioner, belgaum, under section 17 of the bombay public trust act, 1950 ('bpt act' for short) read with rule 5 of the bombay public trusts rules, 1951. 23. it is not in ..... brother by name narayanachar, who died issueless in 1986. they are the children of pradyumnachar, who died on 25-7-1970. the common propositus of the parties was one late govindabhat, who is five generations above plaintiff-1's-father late srinivasachar ..... has made out a prima facie case of legal injury, vitiates the exercise of jurisdiction vested under rule 2 of order 39 of the code of civil procedure and, therefore, the order under revision cannot be allowed to remain uncorrected under section .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR2918; 2004(4)KarLJ632
..... drawn process of reasoning. where two inferences are reasonably possible and the subordinate court has chosen to take one view the error cannot be called gross or patent.(7) the power to issue a writ of certiorari and the supervisory jurisdiction are to be exercised sparingly and only in appropriate cases where the judicial conscience ..... supra cited by the learned counsel for the petitioners. despite a little delay as it is clearly held by the apex court in the decision reported in : [1970]1scr22 cited supra, a party cannot be refused just relief just because of some mistake or negligence or inadvertence. under the circumstances, the delay even of 7 ..... has almost obliterated the distinction between the two jurisdictions. while exercising jurisdiction to issue a writ of certiorari the high court may annul or set aside the act, order or proceedings of the subordinate courts but cannot substitute its own decision in place thereof. in exercise of supervisory jurisdiction the high court may not .....
Tag this Judgment!Court : Karnataka
Reported in : 1999CriLJ1558; 1999(4)KarLJ247
..... mandamus and is intended to abuse the process of the court by invoking extraordinary discretionary relief of writ jurisdiction under the patent name of public interest litigation. the writ petition is accordingly dismissed. rule issued is discharged. petitioner is held liable to ..... the amount demanded vide those annexures. the acquisition of property in the form of a building bearing no. 41 of 1970 by smt. savithri, sister-in-law of sri h.d. devegowda cannot in any way be connected with sri h ..... purposes of courts entrusted with responsibility of enforcing constitution is to control and remedy the injustice arising out of intentional act or accidental omission resulting at times in depressing deficiency and frustrating government policy, the success or failure of which largely ..... h.d. devegowda. when and how this property was acquired has not been detailed in or even hinted out. 39. the allegations made in para 18 being vague as lacking details cannot be directed to be investigated by way of .....
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