Judgment Search Results Home > Cases Phrase: prescription Court: karnataka Page 2 of about 2,129 results (0.015 seconds)

M. Muniyappa Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1989KAR615; 1989(3)KarLJ254

..... 'the reasoning of the supreme court in that case is as there was no statute which mandates the students to sing the national anthem, in the absence of a statutory prescription, the executive orders are bad in law. ..... according to the petitioners, the prescription of minimum qualification would not in any way improve the standard of education of c.p.ed course; that there is absolutely no rational basis for enhancing the minimum qualification from s.s.l.c. ..... the prescription of higher minimum qualification was also to attain high standards in education and to weed out the substandard institutions. ..... as such, prescription of puc qualification for admission to tch course is basically wrong and no teachers' training institute would get students for admission; that apart a higher qualification of puc and thereafter a certificate course in teachers' training is not at all ..... in fact, the prescription of s.s.l.c. ..... he has relied on the following averments in the return:-'the contention of the petitioners that the prescription of p.u.c. .....

Bharat Kumar Vs. Karnataka State Transport Appellate Tribunal

Court : Karnataka

Reported in : ILR1993KAR3591

..... to recall the words of krishna iyer, j in this context in subhash chandra's case; 'the short question is whether the prescription that the bus shall be atleast a seven year old model is relevant to the condition of the vehicle and its passenger's comparative safety and comfort on our chaotic high-ways. ..... the state government may however consider framing of necessary rules under section 72(2) or prescription of conditions under section 72(2)(xxiv) regarding age of vehicle to avoid complaints of arbitrariness and to have uniformity. 17 ..... such specifications being in the interest of public, it has to be held that prescription of the year or model of vehicle for being used as a stage carriage, is reasonable and valid ..... but section 59 providing for prescription of maximum age of vehicle is a part of chapter iv which deals with registration of motor vehicles ..... in these circumstances, i hold that the requirement relating to prescription of the age is valid. ..... section 59 contemplates prescription of the 'life', that is 'maximum age limit' for purpose of registration under section 39 of the act ..... , he held that prescription of age of vehicle was justifiable in regard to stage carriages, he observed that when he earlier decided ramachandra's case the decisions of the supreme court in subhash chandra's case in s.k.bhatia v ..... prescription of age limit under section 59 cannot relax the conditions regarding the issue of permit for stage carriage to a vehicle of 'specified description' under section 72(2) .....

Sri Kari Thimmarayaswamy Education Society Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1990KAR1211

..... it is apprehended that, if the impugned prescription of the qualification is continued, all the other colleges will have to be closed down since p.u.c. ..... student has no relevance and such a prescription is wholly arbitrary and unsustainable.5. ..... having bound themselves by these conditions, it is too late in the day for the petitioners to question the prescription of p.u.c. ..... another contention is that the prescription of p.u.c. ..... it is contended that the petitioners have a fundamental right to start and run a college in physical education and on account of the prescription of p.u.c. ..... but the syllabus has absolutely no relevance in so far as physical education instructors are concerned and that the prescription of p.u.c. .....

N. Chandrasekharaiah Vs. the Secretary, Karnataka Legislative Council ...

Court : Karnataka

Reported in : ILR2005KAR6095; 2006(1)KarLJ357

..... in the ,instant case, the requirement of degree coupled with the requisite prescription that the candidates should have studied kannada as an optional or as second language cannot be ignored and the words used in the rule cannot be brushed aside to come to a conclusion that degree means either the bachelors degree or ..... (iii) that in the absence of any prescription of bachelor's degree in the rules, possessing master's degree in kannada fully satisfied the requirement of the rules looking at the object with which the qualification was prescribed. ..... the prescription clearly shows that he must be a holder of degree along with which he should have studied kannada as second language or as an optional subject. .....

Sree Balaji Enterprises Lessees: Bangalore Grape Winery (P) Ltd. by It ...

Court : Karnataka

Reported in : 2007(117)ECC31; 2007LC31(Karnataka); 2007(2)KarLJ372; 2007(4)KCCR2181; 2007(2)AIRKarR588.

..... rule framers, the charging section is made operative only at the issue point and not at any time earlier, though if the rates should have been provided independent of rule and with reference to section 22 of the act, by a prescription in this regard by the state government, the charging section could have been complete or effective even without the manner of the stage being reached in terms of rule 2.29 ..... learned additional government advocate in this regard submits that the provisions of sections 22 and 23 of the act themselves create a charge and it is only the rate of duty that is relegated to the rule by prescription and even without the provision of clause (b) of sub-rule (1) of rule-2, rate being available at rs. ..... . section 22 remained incomplete without the rate being prescribed and the prescription of the rate again being linked to rule (2) of the rules i.e ..... . what is rather unintelligible is while the section itself is made subject to such rules regulating the time, place and the manner, the section further provides for prescription of different manners in respect of different types of liquor etc.27 ..... . it is for such prescription, the rule is framed and the rule also in turn links the levy to clause-(b) of sub-rule (1) of rule 2 of the rules i.e .....

Shri Babu Rajaram Mohan Ray, M.Sc. (Agricultural Engineering) in Php a ...

Court : Karnataka

Reported in : 2007(5)AIRKarR349

..... statute no 30(3) or even the university by itself prescribing an alternative standard or qualification in exercise of its power under state 30(3) and this court will not interfere with such prescription unless it is totally irrelevant or irrational and while the present prescription is not termed fault on this premise, the very possibility that some of the applicants could not have possibly acquired the qualifications and therefore are kept out of the competition ..... such a resolution can be taken to be to the knowledge of public or at any rate to interested persons like the petitioner who may be conversant with the prescription by the university and the board, the whole idea being to enable such persons who have post-graduate qualification vis-a-vis the board was not conducting net examination to ..... the posts advertised as backlog vacancies, as the qualification prescribed is in respect of the post of the post of assistant professor and not because it is to be filled up as backlog vacancies or otherwise and the prescription being one to improve and to ensure maintenance of commensurate academic standards, courts have consistently refrained from interfering with such ..... notifications referred to above, had notified several posts of professors, readers and assistant professors to be filled up by persons who have the prescribed qualification in terms of the prescription indicated in the notifications and it is in this context, the present writ petitions have been filed before this court.6. .....

Hanamappa and Others Vs. the Special Land Acquisition Officer, Upper K ...

Court : Karnataka

Reported in : 1999(1)KarLJ539

..... time would not promote the main object of the legislature, it has been the practice to hold such provisions to be directory only, the neglect of them though punishable, not affecting the validity of acts done'.the prescription of time in section 18(3)(a), as observed by us earlier, is intended for the benefit and furtherance of the right of the person interested and was clearly not intended as a time limit, beyond which statutory duty ..... of the legislature, it has been the practice to hold such provisions to be directory only, the neglect of them though punishable, not affecting the validity of acts done'.in the present case, the prescription of time in section 18(3)(a) is for the benefit and furtherance of the right of the person-interested and was clearly not intended as a time-limit beyond which the statutory duty itself would get extinguished. ..... then was), which read as hereunder:'there is a fundamental distinction between the nature and quality of the prescription of time in the second proviso to section 18(2) on the one hand and in section 18(3)(a) on ..... , supreme court observed:'it is common knowledge that the law generally prescribes limitation for initiating proceedings and not a period within which a pending proceeding should be disposed of.but the prescription of a time-limit in section 18(3)(a) relates to the performance of a statutory duty. ..... the answer must need rest on whether the prescription of time --where it is one bearing on the performance of a public duty -- .....

M.G. Maheshwara Rao and ors. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : ILR2002KAR3848; 2004(3)KarLJ187

..... reasoned that if a degree in arts/science/commerce and undergoing of a test are not necessary for promotion from the cadre of stenographers to the higher posts of personal secretary-cum-judgment writer and personal secretary to registrar, prescription of such requirements for promotion to the post of junior judgment writers (which is lower than the posts of personal secretary-cum-judgment writer nd personal secretary to registrar) is arbitrary and unreasonable.22. ..... state of karnataka) before the tribunal for the following reliefs: (i) to quash the recruitment rules insofar as the prescription of selection test for promotion of stenographers to the cadre of junior judgment writers; (ii) to quash the memo by which kat had proposed to conduct the selection test for promotion of stenographers as junior judgment writers; and (iii) a direction to ..... it is well-settled principle of service jurisprudence that prescription of mode of recruitment and minimum qualifications for a post is in the realm of executive policy of the government and neither a court nor the tribunal can modify them, unless they are arbitrary, irrational or fanciful. ..... it cannot be said that prescription of a degree for a junior judgment writer's post is fanciful or arbitrary. ..... therefore, prescription of any qualifying test or examination to find out the fitness for promotion by seniority-cum-merit is not prohibited. .....

G.K. Pushpa and Others Vs. the State of Karnataka Represented by Its C ...

Court : Karnataka

..... there is much to be said in favour of the contention of the petitioners that the prescription of cycling qualification in the case of women for appointment to the posts of peons is not justified. ..... therefore, the applicants are not entitled to contend that the prescription of different qualifications for these posts as arbitrary and without any substance. ..... the settled legal position of law is that the prescription of qualification, creation of cadre etc. ..... courts cannot interfere with such decisions of the government except where prescription of qualification is unreasonable. .....

Karnataka State Road Transport Corporation Vs. Udayashankar C.S.

Court : Karnataka

Reported in : [2005(104)FLR1168]; ILR2005KAR275; 2005(1)KarLJ329

..... if we read clause v(4) along with clause iv of the employment notification, the only reasonable way of understanding the prescription is to work out the percentage of the aggregate of marks obtained in the two examinations and if it is so done, it becomes apparently clear that when the respondent applied for the post of assistant administrative officer (class ii), he did not ..... the learned single judge having appreciated the rival contentions has opined that the prescription of 50% marks by the management of the karnataka state road transport corporation is unauthorised and without jurisdiction. ..... since the learned single judge has opined that the prescription made by the management of the karnataka state road transport corporation as reflected in the employment notification with regard to minimum percentage of marks a candidate should possess so as to qualify himself in order to apply for the post of assistant administrative ..... it is in accordance with law, more particularly in accordance with the prescription made by the karnataka state road transport corporation by virtue of the power conferred upon it under sub-regulation (7) of regulation 4.8. ..... hence, the prescription of 50% of aggregate marks as a minimum, cannot be condemned as one without authority of law. .....