Court : Karnataka
Reported in : ILR1999KAR3009; 1999(5)KarLJ129
..... and capricious. therefore, the findings of the tribunal against the validity of the impugned order of dismissal made by the management are patently erroneous and unsustainable.22. for the reasons stated and discussed above, i find that the impugned judgment of the tribunal is liable ..... ground of non-supply of enquiry report as required by sub-rules (12) and (13) of rule 17 of the rules 1970. in that view of the matter the tribunal has clearly erred in law in taking a contrary view in this behalf.18. ..... run under the auspices of the society were governed by the provisions of the karnataka private educational institutions (discipline and control) act, 1975 ('the act of 1975' for short) insofar as the service conditions of its employees were concerned. the delinquent was initially appointed by management ..... the details of the same are given as below: (1) on 16-7-1985 there was a cash balance of rs. 12,855-39. (2) on 22-7-1985 there was a cash balance of rs. 13,329-54. (3) on 23-9-1985 there was .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2009KAR756:2009(2)KCCR1083:2009(1)AIRKarR380
..... than what they would have been, if they had not appealed before the first appellate court. it is not an exceptional case where the decree of the trial is, so patently erroneous and cannot be countenanced at ail even in the absence of an appeal or cross-objection being filed against it. hence, the contention of sri. a. keshava bhat ..... advantage. the law continues to remain so post - 1976 amendment. in a suit seeking specific performance of an agreement to sell governed by the provisions of the specific relief act, 1963 the court has a discretion to decree specific performance of the agreement. the plaintiff may also claim compensation under section 21 or any other relief to which he ..... to interfere in favour of such a respondent. if authority for this proposition is needed, it will be found in the cases of dinanath chandra v. sm. sudhanyamoni dasi 39 c.w.n. 420 and farok ahmed meah v. lalit mohan 69 cal. l.j. 385. one should have thought that this proposition had now become a commonplace of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1; 1997(1)KarLJ755
..... and claim instead a sum of money which was not ascertained or ascertainable at the date of the breach. it has been noticed in maula bux's case : [1970]1scr928 that forfeiture of earnest under a contract of sale of property -- if the amount reasonable does not fall within scope of section 74 for forfeiture of a ..... of liquidated damages would exclude the right to claim unascertained sum of money as damages. the right to claim liquidated damages is enforceable under section 74 of the contract act and when such a right is found to exist, no question of ascertaining damages really arises. where the parties have deliberately, specified the amount of liquidated damages, ..... to all stipulations naming amounts to be paid in case of breach and stipulations by way of penalty. the supreme court explained the scope of section 74 of the contract act in sir chunilal v. mehta & sons ltd. v. century spinning and ., : air1962sc1314 and stated that the sum to be paid in repudiated contracts and stipulation for .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1996Kant214; ILR1996KAR1998; 1996(1)KarLJ461
..... more suitable for occupation or enhance the landlord's income, is a good ground under s. 21(1)(j) of the act. similar view has been expressed by the supreme court in the decision reported in : [1970]3scr734 . it has been held therein that the desire of the landlord to put the property to a more profitable use after ..... condition, it is not a material factor while considering the ground under section 21(1)(j) of the act. in this regard, the learned counsel for the petitioner relied upon a decision in panchamal narayan shenoy v. basthi venkatesha shenoy : [1970]3scr734 . it has been held therein as follows:--'in considering the reasonable and bona fide requirements of the ..... demolition and reconstruction is a factor that may be taken into account in favour of the landlord while considering the ground under s.21(1)(j) of the act. these decisions fully .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1972Kant121; AIR1972Mys121; (1971)2MysLJ179
..... if it is held to be an agreement to sell, even then the transaction under ext. d-1 is hit by section 47 (1) of the hyderabad tenancy act. he has relied on (1970) 1 mys lj 16, (totappa v. kalappa) for this purpose. in that case, the defendant resisted the suit on the ground that he had paid the full price ..... the previous sanction of the collector for the transaction makes no difference to the application of the principles of section 53-a of the transfer of property act by virtue of the decision in : [1970]2scr854 . such an undertaking on the part of the vendor is an implied condition of the terms of the contract under ext. d-1. hence the defendant ..... the defendant could not rely on section 53-a of transfer of properly act since the transaction was expressly prohibited by statute.8. on behalf of the respondent, sri karanth. her learned counsel, contended that the two decisions of this court in (1963) 2 mys lj 146 and (1970) 1 mys lj 16, are no longer good law in view of the .....
Tag this Judgment!Court : Karnataka
Reported in : [1993]77CompCas402(Kar)
..... . we are told that the supreme court rejected the prayer seeking special leave to appeal. after referring to a passage from union of india v. j. n. sinha, : (1970)iillj284sc , this court observed at page 127 : 'from the aforesaid enunciation by the supreme court, it is clear that the principles of natural justice do not have the status of ..... natural justice are not embodied rules nor can they be elevated to the position of fundamental rights. as observed by this court in kraipak v. union of india, : [1970]1scr457 , 'the aim of rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. these rules can operate only in areas not ..... the petition as well as the counter-affidavit, i propose to deal with the contentions of mr. shetty, for the petitioners. 39. the first submission of mr. shetty is that sub-section (1a) of section 14a of the act is violative of article 14 of the constitution of india. 40. in order to decide this submission of mr. shetty, .....
Tag this Judgment!Court : Karnataka
Reported in : 1995(1)KarLJ113
..... the abolition of the exemption in favour of the public sector undertakings which recommendation was accepted resulting in the omission of section 32(x) from the act by amending act no. 23/1976 retrospectively with effect from 29th may, 1975. 42. in so far as the question of retaining exemption in favour of departmentally run ..... the history of the times and may assume every state of faces which can be conceived existing at the time of legislation. 39. in harkchand ratanchand banthia & ors. v. union of india & ors. : [1970]1scr479 the supreme court evolved the tests to be applied while examining the constitutional validity of a law in terms of article ..... as defined under section 2(1) including the areas adjacent thereto which the government may by notification specify from time to time. the scheme of the act no doubt envisages a nominated board, but the role assigned to the statutory consultative committee is significant and supervisory in character. the consultative committee appointed in .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1984KAR858; 1985(1)KarLJ110; (1985)ILLJ356Kant
..... or not and whether certain grounds, as pointed out by their lordships, it was not expedient to make a reference as for example, when the claim was patently frivolous clearly belated or due to its adverse impact on the industrial relations in the state. therefore, it is on these mandatory guide lines that this statutory discretion ..... assign reasons and communicate the same to the party. indeed, in m/s. western india match co. ltd., v. the western india match co. workers union & others [1970-ii l.l.j. 256 at 262], shelat, j., has made the following observation at para 9 : '..... the reason given in these decisions is that the function of ..... before the government and the counsel for the corporation submitted that corporation has no objection for the government referring the dispute for adjudication under s. 10 of the act. the learned judge made the following order :- 'the writ petition is dismissed leaving liberty for the petitioner to resort to the remedy available under the provisions of .....
Tag this Judgment!Court : Karnataka
Reported in : 1986(10)ECC17; 1985(5)LC2013(Karnataka); 1985(21)ELT655(Kar); [1987]165ITR342(KAR); [1987]165ITR342(Karn)
..... -2-1972 to 16-3-1972, (3) 1-9-1970 to 28-5-1971, (4) 29-5-1971 to 15-2-1972 and (5) 1-2-1973 to 22-2-1973, the respondent had paid excise duty on the goods manufactured at its bangalore factory under sections 3 and 4 of the act as interpreted by this court in amco batteries (p ..... the interference of the learned judge at the very threshold. 36. sri desai contends that the superintendent was really trying to get round the appellate order that suffered from a patent error of jurisdiction and law justified interference at the very threshold. 37. on an examination of the show-cause notice, the contentions urged by both sides, the learned judge ..... really trying to get round the order of the appellate collector. we are of the view that the reasoning and conclusion of the learned judge on this aspect is unexceptionable. 39. article 226 of the constitution, undoubtedly, empowers this court to interfere at any stage of the proceedings. almost as a rule this court does not interfere with show-cause .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR3831; [1987]64STC208(Kar)
..... too diverse to be susceptible to adjudicative disposition. government has control of both the principle and the detail. in twyford tea co. ltd. v. kerala state : [1970]3scr383 if was observed : '18. ... when the legislature reasonably applies a uniform rate after equalising matters between diversely situated persons. simply stated the law is this : ..... which clearly indicate that the application of uniform rates to different local areas in the administration and enforcement of the provisions of the act would be violative of the constitutional pledge of equality. 39. in the context of the argument in hansa corporation's case : [1981]1scr823 that section 3(1) enables the state ..... without the amendment, the contention of the government would succeed. the supreme court in rayala corporation's case air 1970 sc 494 said : '........ in the case before us, section 6 of the general clauses act cannot obviously apply on the omission of rule 132a of the defence of india rules for the two obvious reasons .....
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