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Judgment Search Results Home > Cases Phrase: president s pension act 1951 Court: karnataka Page 4 of about 1,816 results (0.313 seconds)

Jun 29 1959 (HC)

R.P. Gundappa Vs. Vice President, Town Muncipal Council, Sagar Town an ...

Court : Karnataka

Reported in : AIR1960Kant189; AIR1960Mys189

..... an adequate remedy which is available to the petitioner. in the second place, the act itself gives no remedy to the petitioner against an improper rejection of his nomination paper. there is no provision for setting aside an election of the president or the vice-president. it is only in the rules that, for the first time, such a ..... learned advocates appearing for the respondents could not point out any similar provision in the mysore town municipalities act under which the election in the present case is to take place. on reference to s. 80 of the representation of the people act and art. 329(b) of the constitution, it appears that there is a prohibition against any ..... s.r. das gupta, c.j.(1) the present petition is directed against an order rejecting the nomination paper of the petitioner. the petitioner was a candidate for the election of the president of the town municipal council of sagar. on 27-5-1959, the nomination paper of the petitioner for the said election was rejected. from the .....

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Jun 21 2006 (HC)

Bharamraj S. Parmaj S/O. Shantinath Parmaj Vs. the State of Karnataka ...

Court : Karnataka

Reported in : ILR2006KAR2896; 2006(6)KarLJ350

..... municipal corporation after completion of the process of de-limitation/determination/constitution of wards as per the 2001 census as provided under section 21(1) & (2) of the act. it is averred in the petitions that as per the 2001 census the population of belgaum municipal area is 3,99,653 and the population of gulbarga municipal area is ..... pushes out article 226 where the dispute takes the farm of calling in question an election (see para 25 of mohinder singh gill's case : [1978]2scr272 (supra). the provisions of the constitution and the act read together do not totally exclude the right of a citizen to approach the court so as to have the wrong done remedied ..... act or any provision of the act does not ipso facto result in the election being set aside. that result can be set aside only if the election tribunal comes to the conclusion that the result of the election has been materially affected by such non-compliance. the jurisdiction to decide the validity of the election of a president .....

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Apr 24 2009 (HC)

Sri T.B. Ninge Gowda Principal and Professor Dayananda Sagar Collage o ...

Court : Karnataka

..... educational institutions. in my opinion, the order dated 27-03-2009 annexure-'g' appointing the petitioner as the presiding officer of a polling booth in the general elections in the light of section 159 of the r.p. act, cannot be said to be either illegal or arbitrary calling for interference.8. the writ petition is accordingly rejected ..... attend poll duties.4. learned counsel places reliance upon paragraphs 22 and 28 of the reported opinion of the apex court in election commission of india v. st. mary's school and ors. : air2008sc655 5. having heard the learned counsel for the petitioner, perused the pleadings, what is manifest is that the petitioner a principal of a ..... of paucity of time, was not in a position to discharge duties as presiding officer, as well as attend the training programme. even otherwise it is contended that the order dated 27-03-2009 annexure-'g' to attend the training programme, was served on the pensioner only on 9-4-2009. the other reason, according to the learned .....

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Apr 06 2017 (HC)

The Belgaum Co-Operative Cotton Spinning Mills Ltd., Rep. by Its Manag ...

Court : Karnataka Dharwad

..... ordered, in terms of the above, the appeal is dismissed. copy of order be sent to both the parties. file be consigned to record room.sd/-(srikanta nayak)presiding officer" 3. learned counsel for the petitioner mr.v.m.sheelavant has urged before this court that the petitioner co-operative society, which was running a spinning mill, had ..... other hand, the learned counsel for the provident fund department, mr.p.v.gunjal, urged that the compliance with the provisions of the act is not saved or avoided by mere declaration of the petitioner's unit as a relief undertaking under order at annexure 'a' dated 07th april 1994 and the petitioner-society did not even pay the ..... for the parties at some length and perused the provisions of the act and the impugned order. 6. section 14b of the act reads as under: "14b. power to recover damages.- where an employer makes default in the payment of any contribution to the fund, the pension fund or the insurance fund or in the transfer of accumulations required .....

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Mar 26 1976 (HC)

Bhairavasingh Malojirao Ghorpade and anr. Vs. Shankar Rao Bindu Rao Pa ...

Court : Karnataka

Reported in : AIR1976Kant164; ILR1976KAR1279; 1976(1)KarLJ418

..... barred under that section. in (1893) ilr 17 bom 169 (jilaji pratapji raje v. balakrishna mahdeo) the suit bad been instituted without a certificate under the pensions act (xxiii. of 1871). it was held that the suit was not bad ab initio but that the court is only precluded by taking cognizance of it until the ..... it would not have been granted. the decision of the supreme court was rendered on 15-12-1070 striking down the president's ordinance. the plaintiff could not anticipate that the ordain, once issued by the president would be declared illegal when be instituted the suit. hence, to require the plaintiff to have obtained the certificate before the ..... india) reads as follows: -'in accordance with the opinion of the majority the petitions are allowed and writs will issue declaring that the orders made by the president on september 6, 1970 challenged here, were illegal and on that account inoperative and the petitioners will be entitled to all their pre-existing rights and privileges .....

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Jan 06 2017 (HC)

Latha and Others Vs. State of Karnataka, By its Secretary and Others

Court : Karnataka

..... vs. state of karnataka and others, in which mainly the challenge has been laid to the reservation for 'scheduled tribe (woman)' for president's post and 'general' for vice president's post under the impugned notification. 4. the challenge is that the relevant rules namely karnataka panchayat raj (reservation of offices of adhyaksha and ..... allotted to the reserved categories by rotation in the prescribed manner. though both the provisos are quoted above, for convenience, the proviso under the municipalities act is extracted below: "provided that the offices reserved under this sub-section shall be allotted by rotation in the prescribed manner to different municipal councils. ..... .1839) the learned single judge of this court (hon'ble mr. justice h.g. ramesh) explained the meaning of 'rotation' under municipal corporations act beautifully in the following terms to mean that the word 'rotation' would mean something which moves in a circular order and strictly avoiding repetition of allotments .....

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Apr 13 1966 (HC)

H.B. Huilgol Vs. Divisional Superintendent (Personnel) Southern Railwa ...

Court : Karnataka

Reported in : AIR1967Kant116; AIR1967Mys116

..... came into force on december 1, 1962. in regard to railway servants who were on leave preparatory to retirement on december 1, 1962 when those rules came into force, the president's rules made a special provision which reads :'railway servants who are on leave preparatory to retirement on the 1st december 1962 will not be entitled to the benefit of the ..... clear that the petitioner was a person who could continue in service until he attained the age of 58 years as provided by the president's rules.10. but mr. nanjundiah for the railway administration contends that the president s rules were applicable only to persons who were still in service, and, not to those who had retired before the rules came into force ..... issue a mandamus to the respondent that his service should be treated as continuous and that he should be given all the benefits of such continuous service including salary, leave, pension and the like.17. the respondent will pay the costs of the politioner. advocate .....

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Jun 26 1997 (HC)

Smt. Parvati @ Baby and ors. Vs. Hollur Hallappa and ors.

Court : Karnataka

Reported in : I(1998)ACC689; 1999ACJ344; [1998(79)FLR716]; ILR1997KAR2376

..... except from it pensions which are derived from a man's contract with his employer. these, whether contributory or non-contributory, flow from the work which a man has done. they are part of what the employer ..... injured whose earning capacity is reduced by his injury, can recover damages for any loss of earning capacity as well as receiving his pension. lord pearce observed:'55. if one starts on the basis that bradburn's case decided on fairness and justice and public policy, is correct in principle, one must see whether there is some reason to ..... the law underwent a drastic change and section 2(1) of fatal accidents act 1959 provided that in assessing damages in respect of a person's death in any action under the fatal accidents act, 1846, there shall not be taken into account, any insurance money, benefit, pension, or gratuity which has been nor will or may be paid as a .....

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Sep 20 1991 (HC)

Bangalore Timber Corporation Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1991KAR4013

..... 1983 to the same effect was promulgated by the governor. the legislature later on 10-9-1983 enacted the amending act no. 17 of 1983. the president assent was accorded on 15-7-1983. the amending act no. 17 of 1983 was made retrospective which came to be challenged before this court. the division bench of ..... any unreasonable and irrational classification without any pains.' 28. at para 27, the supreme court has observed thus: 'the rationale of these restrictions on the landlord's right is the acute shortage of accommodation and the consequent need to give protection to the tenants against unrestricted eviction. the nature, the form and the extent ..... intelligible classification and rationality of the relation with the object of the law, it will not be subject to judicial interference under article 14.' in prabhakaran nair's case cited above, the supreme court has pronounced principles which can be usefully followed in testing the validity of the impugned classification, which read as follows: .....

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Mar 20 1998 (HC)

Nagappayya Bhat and Others Vs. Maharajaswamy Varaha Devaru of Sri Maha ...

Court : Karnataka

Reported in : ILR1998KAR2313; 1998(4)KarLJ186

..... legislature intended what it has said. even if there is some defect in the phraseology used by the legislature's defective phrasing of an act or add and amend or by construction, make up deficiencies which are left in the act. when there is a difficulty in phraseology it is not competent for any court to proceedupon that the legislature ..... have gone into this question. it is beyond judicial scrutiny.(ii) under section 62 of the 1951 act read with section 6(ii) the suit is to be filed before subordinate judge's court, within one year. on 1st july, 1964, karnataka civil courts act, 1964 was brought into force, sub-section (2) of section 12 provided that the court ..... , it is not appellate court. further, whereas under section 84(2} of the 1927 act, application to modify or cancel the orders is to be made before the district court, under the 1951 act, an independent suit is provided before the sub-judge's court. the sub-judge entertaining a suit under section 62 has no jurisdiction to decide the .....

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