Court : Karnataka
Reported in : 2007(5)KarLJ571; 2007(1)AIRKarR426(DB); ILR2006(4)Kar4548
..... respondents with regard to the maintainability of the writ petition, the learned single judge held that the writ petitioner has a remedy under the administrative tribunals act, 1985 and therefore, he should approach the karnataka administrative tribunal for adjudication of the disputes relating to the writ petition. on that basis the writ petition ..... venugopala gowda.4. the only question that arises for consideration is whether the appellant is a government employee who has a remedy under the administrative tribunals act, 1985 against annexure-a, order and who is not entitled to file a writ petition under article 226 of the constitution of india without resorting to the ..... view that the writ petitioner's remedy against annexure-a, order was to approach the karnataka administrative tribunal under section 19 of the administrative tribunals act, 1985 and that the petitioner was not entitled to file the writ petition under article 226 or 227 of the constitution of india without resorting to the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1992Kant57
..... by courts.according to dr. vern o. khudsen, a physicist and former founder of the acoustical society of america and also a former chancellor of the university of california :'noise is a slow agent of death.'another expert in the field dr. fabianrouke of u.s. reporting to the newyork committee for a ..... be elevated to the status ofbirth rights of every citizen. commenting on business corporations and environment protection, robert rainbow a professor of political science at the state university of newyork, albany observed :-- 'but worse than corporation funding is the subversion of government agencies to the role of environmental exploiter. the public interest which should ..... creatures.part iv-a on fundamental duties has been added by the constitution (42nd amendment) act, 1976 in accordance with the recommendations of the swaran singh committee bringing the constitution in line with art. 29(1) of the universal declaration of human rights and the constitutions of china, japan and u.s.s.r.the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR622
..... into consideration the objections so filed and being of the view that the appointment of the petitioner as an administrative officer is not in conformity with the provisions of the university act and statutes, has framed the impugned order dated 23-8-1997 in exercise of its extraordinary powers under sub-section (8) of section 8 of the ..... the action of the state government is in violation of principles of natural justice and is arbitrary, unjust and unfair. it is further submitted that though the provisions of the university act is silent in that regard, the requirement of natural justice should be read into proviso to sub-section (8) of section 8 of the ..... the statutes. lastly, it is submitted that board of regents while passing the resolutions have not violated any of the provisions of the universities act and the statutes and therefore the impugned order is bad, invalid and illegal.12. the state government has filed its detailed statement of objections and in that they have reiterated .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1998Kant195; [1998]94CompCas409(Kar)
..... cas 342, this court has taken the view that in view of the amendment made to section 529(1) and section 529a by means of the companies (amendment) act, 1985, since the workmen are given a pari passu right in respect of the security of the secured creditor, leave of the company court is necessary to sell the assets ..... [1955] 25 comp cas 344 and after elaborately discussing the effect of the proviso tosection 529(1) and section 529a, which was inserted into the act by reason of the companies (amendment) act, 1985, has taken the view that though sections 529 and 529a, as amended, do not take away the rights of the secured creditor, since a pari ..... (hereinafter referred to as 'the bifr'). in case no. 28 of 1989, as provided under the provisions of the sick industrial companies (special provisions) act, 1985 (hereinafter referred to as 'the sic act'). the bifr, by its order dated august 26, 1993, recommended winding up of the company in the event of the failure of the company to submit .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2001Kant302; ILR2001KAR3502
..... be made by a new college seeking affiliation to any university or by an existing college seeking affiliation to a new course of study to such course, unless, ..... to be legally established even without an affiliation from the university which has to confer degrees to the students admitted to the same taking the most liberal view of what may constitute, 'establishing of an institution'.12. section 53 (10 (a)) of the karnataka universities act, 1976, provides thus :--'no admission of students shall ..... notifications dated 10th of august 1999 issued by the govt. of india in terms of section 10(2) of the dentist act that dental qualifications awarded by bangalore university and three other universities in the state of karnataka were recognised only by reference to the institutions mentioned in the notifications. he submitted that the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2007KAR44
..... supreme court in the case of maharashtra sfc v. jaycee drugs and pharmaceuticals (supra) as under:clause (aa) inserted in sub-section (1) of section 31 of the act by act 43 of 1985 uses the words 'any surety'. or its plain grammatical meaning that term will include not only a surety who has given some surety but also one who has given ..... enforcement of the liability of surety. in this connection what is significance is that clause (aa) inserted in sub-section (1) of section 31 of the act by act 43 of 1985 uses the word 'any surety'. on its plain grammatical meaning there can be no doubt that the term, 'any surety' will include not only a surety who has ..... seen from the deed of guarantee placed on record. with reference to enforcement of the liability of surety, it has been introduced in sections 31 and 32 of the act by act 43 of 1985. but the said provision is to be incorporated in the background of the rules of interpretation of statutes. as we have already stated, this is a case of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR1260
..... basis of government notification no. rd 48 lgp 84 dated 24th october, 1985.2. the new sub-sections (3a) and (3b) were inserted in section 95 of the karnataka land revenue act, 1964 by the amendment made under the karnataka land revenue (amendment) act, 1984 (karnataka act no. 23 of 1984). sub-section (3b) is intended to prohibit ..... sub-section (1) of section 197 of the karnataka land revenue act, 1964 (karnataka act 12 of 1964) in notification no gsr 101 (rd 48 lgp 84 dated 18th april, 1985) published in part iv-2c (i) of the karnataka gazette (extraordinary) dated 18th april 1985, inviting objections or suggestions from all the persons likely to be ..... of the powers conferred by section 197 of the karnataka land revenue act, 1964 (karnataka act 12 of 1964), the government of karnataka hereby makes the following rules namely :-(1) title and commencement -- (1) these rules may be called the karnataka land revenue (amendment) rules, 1985.(2) they shall come into force at once.2. insertion of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR1570
..... fixed bcc shall be intimated regarding programme of work. sd/- aee, bangalorecity corporation, chickpetsub-division, bangalore.'(underlining by us)it is clear that till december 1985 except putting up two r.c.c. columns, respondent no. 3 had not undertaken any construction. therefore, even before respondent-3 crossed the permitted ..... commencement certificate granted by the planning authority in the form prescribed.76m. effect of other laws : (1) save as provided in this act, the provisions of this act and the rules, regulations and bye-laws made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law.(2) notwithstanding ..... for short) and the zoning regulations annexed thereto which replaced the odp, both promulgated under the provisions of the karnataka town and country planning act, 1961 ('the planning act' for short) and for consequential orders. writ petition no. 18351 of 1986 is presented by respondent no. 3 in the aforesaid writ petitions .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR3954; (1987)IILLJ113Kant
..... this writ petition was prescribed before this court on 11th september, 1984. (ii) during the pendency of this writ petition, the administrative tribunals act, 1985 (act no. 13 of 1985) enacted by the parliament, pursuant to the power given to it under article 323a of the constitution, came into force. the central government constituted ..... rules, 1954, ('the rules' for short), the following question of law arises for consideration : 'whether on the coming into force of the administrative tribunals act, 1985 ('the act' for short) and the establishment of the central administrative tribunal, the jurisdiction of the high court under article 226 of the constitution of india to retain ..... i answer the question set out in the first paragraph of the order, as follows : 'on the coming into force of the administrative tribunals act, 1985, and the establishment of the central administrative tribunal the jurisdiction of the high court under article 226 of the constitution of india to retain or entertain .....
Tag this Judgment!Court : Karnataka
Reported in : 2008CriLJ4425; ILR2008KAR4166; ILR2008(4)Kar4166; 2008(4)KCCRSN251; 2008(5)AIRKarR408; 2008CriLJ4425;
..... . the remedy cannot be worse than the disease itself. use legitimacy of judicial process may come under could if the court is seen to condone acts of lawlessness conducted by the investigating agency during search operations and may also undermine respect for law and may have the effect of unconscionably compromising the administration ..... of the accused to be informed about the requirement to comply with the statutory provisions.13. requirements of section 42 were read into section 43 of the ndps act. a somewhat different view, however, was taken subsequently. decisions were rendered opining tat the conducting search and seizure in public place or moving vehicle, provisions ..... person and taken down in writing that any narcotic drug, or psychotropic substance, or controlled substance in respect of which an offence punishable under this act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property or any .....
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