Court : Karnataka
Decided on : Apr-08-2004
Reported in : ILR2004KAR3463; 2004(5)KarLJ161
..... the tariff would increase to rs. 2.54 per unit as per the commission's own calculations. it needs to be noticed that the above patent errors have neither being disputed nor adverted to by the respondents nor any clarifications have been provided by any of the respondents in the pleadings filed ..... and their ultimate decision for arriving at the rate of rs. 2.60 per unit is undeniably based upon a rational criteria i.e. least cost tariff principle.39. all essential terms and conditions, i.e., the tariff rate, escalation, quantity, and the tenure for purchase and sale of power were agreed ..... is more than apparent on a mere perusal of the impugned order, and especially paras 70-75 as well as the comprehensive computation of fixed cost, variable cost and incentive for the appellant. sri raghavan would contend that the impugned tariff fixed on the basis of detailed consideration of all the above ..... the contending parties before it. the commission under the act performs judicial functions in pursuance of the powers conferred upon it under sections 9, 10, 11, 29, 30, 31, 32, 39, 41, 42, 43, 46, 52 and 54 of the act. the provisions of the act clearly indicate that the commission has the trappings of the ..... commission', would bring out the acute power shortage in the state of karnataka and show justification for securing needed power for the state grid. the dpr states that the project was set up to supply around 150 mw of power without break to its steel plant and 100 mw power to the state grid. .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-04-2004
Reported in : ILR2004KAR3892; 2004(3)KarLJ505
..... research for achieving eminence and excellence; and also to tune-up the administration. it provides for establishment and incorporation of universities under section 3 of the act. sections 4 to 10 of the act deals with powers of the university, with regard to jurisdiction, admission to privileges, etc., teaching and research in the university, ..... examination, declaration of results and benefits accruing to the students. there is no logic in denying a class to a meritorious student who has secured the requisite percentage of marks. for the reasons beyond the control of the student, if the student is prevented from taking the first examination ..... c) liberty is reserved to the authorities concerned to initiate appropriate action for investigating the complaints against the petitioners, in accordance with law.(d) no costs.n. kumar, j.4-2-2004writ petition nos. 25339 and 25340 of 2003 connected with writ petition no. 24135 of 2003 (gm-kla).1 ..... be attracted'.80. the supreme court speaking through hegde, j., in a.k. kraipak and ors. v. union of india and ors. : [1970]1scr457 , quoted with approval the above passage from the judgment of lord parker, c.j. and proceeded to add.--'the aim of the rules of natural ..... necessitate provision of additional funds, no such benefit or concession will be extended to the university employees without obtaining prior consent of government'.39. moreover, schedule i of the k.c.s. (cca) rules which defines the state civil services (classes i and ii) excludes persons .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-16-2004
Reported in : 2004(6)KarLJ590
..... view of the serious disputes involving to the college or having regard to the fact that they had secured seats in other colleges. it is stated that out of the total management quota of 25 seats ..... amongst the eligible candidates as enlisted in the merit list. the said order was maintained in letters patent appeals filed by the controller of examination, with certain modifications. the executive committee of mci at its ..... against the spirit of governing statutes. as the definition of admission capacity' under explanation 2 to section 10-a shows it is the maximum number of students that may be fixed by the council from ..... amount to increasing the intake capacity and would be contrary to the provisions of medical council of india act. acting on the communication of the mci, the controller of examination, cancelled the admissions of four students, ..... . it would appear that the college had applied for increase in the intake capacity from 100 to 150 and expecting that the intake capacity is likely to be increased for the academic year 2002-2003, ..... to the5,99,750/-not admitted to thecourse25.31253/2003jyothisusan thomas20,00,000/-20,00,000/-2,39,250/-due nil26.33934/2003manpreetanand16,00,000/-10,00,000/-nilnot admitted to thecourse27.33935/2003d'sasideny ..... rs. 50,000 - hostel fee for the entire course;(c) rs. 2,500 - cost of prospectus and application fee;(d) rs. 2,500 - cost of eligibility certification, registration, etc., with theuniversity;(e) contribution to development fund asagreed between .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-19-2004
Reported in : I(2005)ACC337; 2005ACJ644; 2004(4)KarLJ121
..... being dissatisfied with the compensation of rs. 2,94,100/- with interest at 6% per annum, has preferred this appeal under section 173(1) of the motor vehicles act, 1988 (for short, 'the act').2. the fact that the appellant sustained certain grievous injuries in the accident occurred on 27-3-1997 involving the motor vehicle ..... judges and courts can do is to award sums which must be regarded as giving reasonable compensation. in the process there must be the endeavor to secure some uniformity in the general method of approach. by common assent awards must be reasonable and must be assessed with moderation. farther more, it is eminently ..... hands of the defendants and you must take care to give him full fair compensation for that which he has suffered'.22. in fowler v. grace, (1970)114 sol jo 193 edmund daview, l.j., said that 'it is the manifest duty of the tribunal to give as perfect a sum as was ..... that no award of money can possible compensation an injured man and renew a shattered human frame.19. lord morris of borthy gest in parry v. cleaver, 1970 ac 1 said:'to compensate in money for pain and for physical consequence is invariably difficult but . . . . no other process can be devised than that ..... petition till payment.37. in the result and for the foregoing reasons, we allow the appeal, in part, with costs and in substitution of the impugned award, we award total compensation of rs. 7,39,400/- under the following heads:1. loss of fixture income rs. 5,18,400/-2. loss of income during .....
Tag this Judgment!Court : Karnataka
Decided on : May-11-2004
Reported in : 2004(4)KarLJ193
..... land held by the wife should also be included having regard to the definition of 'family unit' contained in the explanation to section 4(1) of the said act. section 4 of the maharashtra act provides that all land held by each family unit whether jointly or separately shall, for the purpose of determination of ceiling area of ..... stare decisis (that is, rule of abiding by decisions) which is a sound and well-settled policy based on the doctrine that definiteness and finality, consistency and security. it requires that an accepted and established decision, on the basis of which several contracts/dealings/transactions/settlements would have taken place, should not be disturbed, even ..... [24 guntas], 335 [34 guntas], 338 [5 acres 6 guntas] and 40 [13 acres] in all 39 acres 21 guntas.2. the appellant filed a declaration under section 66 of the karnataka land reforms act, 1961 [for short, 'the act'] in regard to the lands held by him. in the said declaration, he disclosed the total extent of lands ..... the learned judge. as a preliminary to the consideration of this aspect of the matter, we may note that though the agrarian relations acts brought about in several states during 1960s and 1970s have some common features, they do differ on the question of the ceiling limits prescribed, the rate of compensation payable, exemptions on agricultural ..... minor son of the appellant while calculating land held by the family of appellant for applying the ceiling limit. parties to bear their respective costs. .....
Tag this Judgment!Court : Karnataka
Decided on : May-24-2004
Reported in : ILR2004KAR3519
..... western coal fields ltd. v. special area development authority, korea and anr., : [1982]2scr1 the supreme court took the view that the declaration made under section 2 of the mmrd act does not result in invalidation of every state legislation relating to mines and minerals. at paragraph 28 of the judgment, the court observed thus:'28. that ..... purpose, it is permissible for the state to provide for regulations for movement of minerals which are admittedly located within the forest area. the right of the appellants secured to exploit, tap, remove and transport minerals cannot be appreciated in isolation and without reference to the right of the state legislature to make law under entry 23 ..... by entry 23 of list ii is denuded to that extent. the effect of declaration made under section 2 of the mmrd act is explained by the supreme court in the case of baijnath kedia v. the state of bihar and ors., : [1970]2scr100 . it is useful to refer to the observation made by the supreme court, which reads ..... timber. rule 148 provides for restriction of number of transport passes to be issued; and rule 149 authorises the concerned officers to issue way-permits, etc. rule 150 provides for import of forest produce and rule 151 provides for issue of import pass and fixing of import property marks. rule 152 provides for transport of imported forest ..... do not find any merit in these appeals and therefore they are liable to be dismissed. accordingly, they are dismissed, however, without any order as to costs. .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-10-2004
Reported in : ILR2004KAR2918; 2004(4)KarLJ632
..... 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 ..... on clear ignorance or utter disregard of the provisions of law and (iii) a grave injustice or gross failure of justice has occasioned thereby.(6) a patent error is an error which is self evident, i.e., which can be perceived or demonstrated without involving into any lengthy or complicated argument or a ..... our conclusions in a nutshell, even at the risk of repetition and state the same as hereunder:-(1) amendment by act no. 46 of 1999 with effect from 1.7.2002 in section 115 of the code of civil procedure cannot and does not affect in any manner the jurisdiction of the high court ..... subject no doubt to certain exceptions, is that the court should always allow an amendment where any loss to the opposing party can be compensated for by costs.'in amulakchand mewaram's case, 35 bom lr 569 = (air 1933 bom 304) a hindu undivided family sued in its business name. it was ..... 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 .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-23-2004
Reported in : 2004(6)KarLJ194
..... prescription. the most extensive of these is, income and corporation taxes act, 1970, sections 460 et seq. we were referred also to well-known sections in australia and new zealand (australia, income-tax assessment act, 1936-51, section 260, new zealand, income-tax act, 1976, section 99, replacing earlier legislation). further it was pointed out that the ..... 1995. the respondent reported loss of certain quantity of raw-material which he had taken for production of the iml and the same would have secured an income of rs. 21.00 lakhs to the state exchequer in the form of the excise duty and since the final product is not ..... and ors., : (1995)5scc753 ;7. deccan sugar and abkari company limited v. commissioner of excise, andhra pradesh, : (1998)3scc272 ;8. govindanaik g. kalaghatigi v. west patent press company limited and anr., : air1980kant92 (fb);9. state of mysore v. hosbu rush gowda, 1973(1) mys. l.j. 92;10. m. narasimhaiah v. deputy ..... so when the offence committed by the respondent had been compounded departmentally by him thereby admitting his guilt. it may be stated even at the cost of repetition that this is not a case where the excise duty had been levied and demanded on the rectified spirit that was found deficit ..... distillery, brewery or winery located within the state and/or from a licensed distributor having cl-11 licence and shall sell liquors to persons holding cl-2 to cl-7, cl-7-a and c-7-b, cl-9 and cl-10, vide rule 3 of the karnataka (soi and fl) rules. in the instant .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-09-2004
Reported in : ILR2005KAR2808; 2005(3)KarLJ569
..... possession certificate and the authority is justified in insisting on the prevailing rate of 2003. he contends that the said reconveyance is made under section 38c of the act, where the authorities have been empowered to levy any charges and therefore once that power has been exercised by the authority, it is not ..... year 1982 when a resolution was passed in favour of the petitioner to form a residential layout surrendering the land mentioned in the resolution free of cost to the corporation, now it is not open to the authority to demand and collect as reconveyance charges the allotment rate prevailing in 2003. as ..... as reconveyance charges by the authorities is without the authority of law.18. the material produced on record also shows, in respect of reconveyance made in 1970 when it was finally allotted in 1987 a sum of rs. 15/- per sq. meter was claimed. on 27-9-2004 when the request of the ..... of the said suit, the respondent-bda passed a resolution dated 9-6-1982 in subject no. 125, cancelling the allotment of the land measuring 150' x 200' in favour of sangameswara vidya kendra high school in view of the opinion furnished by the law officer. they approved the residential layout of ..... the bda took time to consider the said suggestion. it appears that on being communicated the suggestion of the court, taking into consideration the resolution no. 39, dated 7-11-1979 relating to gokul extension, resolution no. 378, dated 17-11-1982 and resolution no. 506, dated 25-4-1987 and other .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-16-2004
Reported in : AIR2005Kant205
..... ksrtc staff and workers federation and another employee, the prayer is to quash section 3 of karnataka act no. 9/2003' (karnataka motor vehicles taxation and certain other law (amendment) act, 2003, (hereinafter referred to as 'the amendment act') by which the karnataka contract carriages (acquisition) act, 1970 (hereinafter referred to as 'kcca act'), has been repealed, the constitutional validity of it was upheld by the constitutional ..... vehicles in the state and for matters incidental, ancillary or subservient thereto.'a declaration was also made in section 2 that the act is for giving effect to the policy of the state towards securing the principles specified in clause (b) and (c) of article 39. a deep probe into and investigation of the facts stated in the statement of objects and reasons and ..... context we noticed that this court has changed from the earlier strict interpretation regarding locus standi as adopted in nagar rice and flour mills v. n. teekappa gowda and bros., (1970)1 scc 575; air 1971 sc 246 and jashbai motibhai desai v. roshan kumar haji bashir ahmed, (1976)1 scc 671 : air 1976 sc 578, and a much wider canvass ..... the people liberty of thought, expression, belief, faith and worship; equality of status and of opportunity and the assurance that the dignity of the individual will at all costs be preserved. we, therefore, put part iii in our constitution conferring those rights on the people. those rights are not an end in themselves but are the means to an .....
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