Court : Karnataka
Reported in : ILR1998KAR1532; 1998(2)KarLJ621
..... hamlet nearly 16 miles from sirsi and established nearly 700 years ago by the 12th jagadguru his holiness vidyaranya shankaracharya of sringeri peetham. the math is presided over by a matadhipathi or pecthadipathi, who is the spiritual head and guru with the power to manage the math, its properties and incomes derived therefrom ..... erstwhile princely state of mysore;(2) areas from the erstwhile state of hyderabad presently known as the hyderabad karnataka areas;(3) areas from the erstwhile madras presidency;(4) bombay karnataka areas that formed part of the state of bombay before reorganisation; and(5) areas comprising the state of coorg, which was before ..... and even mala fide in nature for the same brought the affairs of the math under the control of the authorities exercising powers under the act, correspondingly reducing the matadhipathi's position to that of a subordinate, affecting his right to manage the temporalities of the math, and making an inroad into its religious affairs .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1992Kant356
..... the members. the notice thereof was required to be of seven clear days. the quorum was prescribed as one-third. if the quorum was not available, the presiding authority was required to wait for 30 minutes and if by then a quorum was gained the meeting could be proceeded with, but if it was not gained ..... intimation about the vacation of stay after giving to the members notice of not less than fifteen clear days of such adjourned meeting. (4) the assistant commissioner shall preside at such meeting. the quorum for such meeting shall be two thirds of the total number of members of the mandal panchayat. explanation:-- in the determination of ..... it convenient to attend them even at the cost of some inconvenience to themselves. this interpretation was supported by reference to the provisions of s. 36 of the municipalities act, which were substantially similar to s. 55(2). importance was given to the word 'irregularity' used therein and it was held that the existence of this provision was further .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant215; AIR1959Mys215
..... that he performed an executive function which he was bound to perform under clause (d) of section 24(1) of the act. mr. chandrasekhar's contention is that the act not only statutorily delegates to the president the authority and power to perform certain executive functions but also provides for a statutory delegation to him of powers under the ..... or duties to such persons.' 27. the question therefore is whether mr. krishna murthy's contention that the president could not perform any of the executive functions referred to in clause (d) of sub-section (1) of section 24 of the act unless there has been not only the delegation but also a determination of those powers ..... being subject to the provisions of section 35 of the act, delegates to the president only those powers which are actually delegated to him under the provisions of section 35 of the act. if no delegation has been made under the provisions of section 35 of the act, mr. krishna murthy's contention is that clause (d) of sub-section ( .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant156; AIR1953Mys156; ILR1953KAR440; (1954)32MysLJ12
..... in law or natural justice to deal with the matter since he should not sit in judgment and overrule the previous orders and action by high senior officers and the president in council in respect of the same dispute, in -- 'elbridge watson v. r. k. das', : [1951]19itr538(cal) , das gupta j. has pointed ..... granted by the duly authorised & empowered officers of government & even after confirmation on appeal to government. this is .....directly opposed to section 70 of the act which declares that the right of occupancy is a heritable and transferable right subject to the payment of land revenue to government. the learned advocate-general when ..... between the party and the state; e.g., under the workmen's compensation act, the land acquisition act, the religious endowments act, motor vehicles act etc. while administering these acts the members of government and their officers are bound to observe and carry out the terms of the acts governing these 'matters. this would not of course mean that any .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1989Kant90; ILR1988KAR2236
..... procedure to be followed while carrying into effect the order of attachment or sale. those sub-secs, thus cannot be understood as converting an order u/s. 31 (1) of the act, into a decree as defined .in the code. the aforesaid enunciation was made by their lordships after following the decision of the supreme court in ..... of the matter becomes evident from the categorical statement made in everest industrial corporation v. gujarat state financial corporation : [1987]3scr607 that the application under s. 31(1) of the act, being in the nature of a petition seeking attachment of immovable property in execution of a decree at a stage before passing of the decree is not ..... other powers incidental thereto.'from a reading of these provisions, it becomes clear, power is vested in the court to which an application is made under s. 31 of the act, for realisation of monies owed to a financial corporation to ensure such realisation of money in accordance with the procedure laid down under the code of civil .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1980Kant79; ILR1980KAR295; 1980(1)KarLJ71
..... secrecy of the ballot be violated if the petitioner is permitted to get the marked electoral rolls on record as evidence? the marked electoral rolls used by the presiding officers of polling booths or polling stations at are. election would only show. whether franchise has. been exercised by or in the name of the person whose ..... voted at an election.' this salutary principle is incorporated in our election law to preserve the secrecy of voting by ballot. based an this * principle s. 128 of the act enjoins on all those connected with the recording or counting of votes to maintain the secrecy of voting and forbids them from communicating to any pat any ..... with the free exercise of their electoral rights. (ii) that he had committed corrupt practices by incurring or authorizing of expenditure in contravention of, s. 77 of the representation of the -people act, 1951 (the act); (iii) that there was large scale improper reception of votes and. as well as reception of votes' which, were void: and (iv .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant102; AIR1954Mys102
..... it by the election commission, (b) hearing and disposing of the amended petition, (c) extending the period of limitation for thepresentation of the election petition; 2. acted in excess of its jurisdiction in --(a) going into mid deciding questions not definitely pleaded and specifically put into issue, particularly allegations regarding corrupt practices, (b) ..... the petition, it enlarged the period prescribed for the presentation of the election petition.16. the learned counsel for the petitioner submitted that the election tribunal acted in excess of its jurisdiction in dealing with the allegations of corrupt practice said to have been indulged in by the petitioner.the three corrupt practices actually ..... para said as follows at page 40.'for all these reasons we are led to the conviction that the said ahmed jan was acting on the election day as the first respondent's agent and hence the first respondent must be deemed to have procured the bus for the purpose through his agent, the said ahmed .....
Tag this Judgment!Court : Karnataka
Reported in : [2001]43CLA228(Kar); ILR2001KAR5373
..... the official liquidator to discharge his function properly under the supervision of the company court as the new section 529a of the companies act confers upon a company court the duty to ensure that the workmen's dues are paid in priority to all other debts in accordance with the provisions of the above section. the legislature has amended ..... bench of this court considered whether there was any change in the law declared by the supreme court in m.k. ranganathan s case (supra), after insertion of proviso to section 529(1) and section 529a by act no. 35 of 1985. the division bench held that the only change brought about by the amendment of section 529 and ..... (supra), was rendered by the supreme court prior to insertion of proviso to section 529(1) and insertion of section 529a by act 35 of 1985. it distinguished the earlier decision in international coach builders ltd.'s case (supra) in view of the interim order granted by the supreme court in the appeal filed against the said decision. the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1966Kant278; AIR1966Mys278; (1966)1MysLJ387
..... was upheld. the last case was hampton jr. and co. v. united states, (1928) 72 ed. 624 in which the power conferred by a statute on the president to make an increase or decrease in the rate of customs duty was challenged. in that case it was stated:'it is conceded by counsel that congress may use executive ..... valid, then the exercise of the power validly conferred on the provincial government cannot be treated as fresh legislation which offends against article 31 and as the act is saved by article 31b, s. 6(2) is also saved, and the power must be held to be validly conferred on the provincial government, and a notification issued by virtue ..... economic problems, they often find it convenient and necessary to delegate subsidiary or ancillary powers to delegates of their choice for carrying out the policy laid down by their acts. the extent to which such delegation is permissible is also now well settled. the legislature cannot delegate its essential legislative function in any case. it must lay .....
Tag this Judgment!Court : Karnataka
Reported in : [1996]85CompCas281(Kar); ILR1993KAR2446; 1993(3)KarLJ312
..... sale. every wide power, the exercise of which has far-reaching repercussions, has inherent limitation on it. it should be exercised to effectuate the purpose of the act. in legislation enacted of general benefit and common good, the responsibility is far graver. it demands a purposeful approach. the exercise of discretion should be objective. the ..... examine as to the validity of further proceedings taken by the corporation pursuant to annexure 'c'. 22. the supreme court in the aforementioned decision in mahesh chandra's case [1993] 78 comp cas 1, keeping in view the various factors giving rise to conflicting interest; in the back drop of discussion made and decisions ..... . this respondent has got the property valued by its technical officer. he has given a detailed valuation report as per annexure '3'. the corporation had received the petitioner's letter dated august 21, 1992 (annexure 'd'), but by then the agreement of sale dated july 4, 1992, was executed in favour of respondent no. 2, .....
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