Court : Karnataka
Reported in : 1999(4)KarLJ572
..... state of tamil nadu and others under article 13 for declaration that the tribunal's order granting interim prayer was without jurisdiction and, therefore, null and void, etc. the ordinance was replaced by act no. 27 of 1991. in this background, the president, in exercise of powers under article 143 of the constitution made the reference ..... such power was impermissible. in that case the provisions of mysore ordinance 1 of 1973 and the karnataka state civil services (regulation of promotion,pay and pension) act, 1973 were challenged mainly on the ground that the impugned provisions amounted to take away the rights of the parties which had been determined by the high ..... in allowing the state, if nothing else, abuse of its power of legislation'.the impugned karnataka act 11 of 1974 was enacted to provide for the prospective promotions of civil servants and to regulate the pay, seniority, pension and other conditions of service of civil servants in the stateof karnataka including those that are .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1991Kant317; ILR1991KAR1057; 1991(2)KarLJ172
..... units of self-government, enacted the karnataka zilla parishads, taluk panchayat samithis, mandal panchayats and nyaya panchayats act, 1983 (for short 'the act'). president's asset to the act being given on 10-7-1985, the provisions of the act other than those in chapters xi to xiv thereof were brought into force. thereafter, by a notification issued ..... under sub-sec. (1) of s. 4 of the act, an area comprising of a group of villages thuruvanur, kadabanakatte, ..... was declared as a 'mandal' with thuruvanur as its headquarters. consequently, thuruvanur mandal panchayat came to be established under sub-sec. (4) of s. 4 of the act. for constituting the thuruvanur mandal panchayat as a representative body of the people of the area of that mandal, the strength of its elected members .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1966Kant61; AIR1966Mys61
..... ) * * * * (iii) persons allotted to serve in connection with the affairs of the state of mysore under section 115 of the states reorganisation act 1956 who were holding substantive posts in pensionable establishments on the 31st october 1956 in a service in connection with the affairs of the former state of mysore, hyderabad or bombay or the state of ..... cannot vitiate the impugned order.(7) somewhat hesitatingly, it was contended that the petitioners could not have been compulsorily retired under rule 293 of the h.c.s. rules, 1954, as they joined service long before those rules were framed. there is no merit in this contention. the rules famed under article 311 ..... the following order.'government of mysoremysore govt. secretariatvidhana soudha dated 29th may 1961.no. rd 105 ego 60notificationgovernments are pleased to direct that sri yuths b.s. mahadeva rao, a.l. deshpande and abdul aziz, tahsildars be retired from service with immediate effect under the note below rule 293 of the hyderabad .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1958Kant102; AIR1958Mys102; (1958)36MysLJ73
..... year. it is, i think, difficult to agree that such was the object of the legislation when it is remembered that the act had been passed by the legislature as early as on 15-1-1951 although the president's assent to it was accorded on 13-5-1951. further, it has to be borne in mind that the liability to tax arises ..... from section 3 of the act which is the charging section and sections 17 and 18 of the act & the rules made under section 62 merely create the ..... , which agricultural income in coorg was not or that the previous sanction of the governor-general obtained under section 97 of the government of india act and the subsequent assent of the president accorded to the impugned act, amounted to a decision which wag final that the impugned law related to a provincial subject, does not arise. in my opinion, the contention .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1955Kant35; AIR1955Mys35
..... short interval between 1-4-51 and 16-8-51 of the alleged repugnancy of the local law before it received the assent of the president. in the light of the matter discussed above, it can hardly be said that the present case has features which satisfy the requirements of ..... exist on 22-7-1951 between the central acts and the local act. it may incidentally be observed that the house rent control act which was adopted by the state legislature was, during the relevant time of the disputed period, pending the assent of the president of the union of india, which was given ..... lease after the expiry of the original period. the lessor died on 25-1-1945. soon after this, the petitioners filed a suit in o. s. 66/45-46 on the file of the court of the district judge, bangalore, for the relief that the lease effected by their father was ..... rejecting their contentions. the suggestion made is therefore baseless.11. in the result, the petition is dismissed with costs. advocate's fee rs. 100/-.12. petition dismissed. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1967Kant182; AIR1967Mys182; (1967)2MysLJ277
..... in relation to which that tribe in a scheduled tribe of the state(vide section 33(2) of the act.).10. article 342(1) of the constitution of india has conferred the power on the president to specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for ..... bullocks and ploughs, and practise fixed cultivation. 'marriages are prohibited within two in seven degrees of relationship. marriage with a father's sister's, mother's sister's, mother's brother's daughter is not allowed. marriage with a wife's sister is allowed and brothers are allowed to marry sisters. marriage is adult. in many cases they do not perform any ..... at page 184 and the locality inhabited by the said caste shown are belgaum. bijapur. dharwar. kolhapnr and s.m.c. states 26. the general report of census of india. 1931. volume viii. part 1 -- bombay presidency -- contains valuable information regarding tribe peoples at pages 355-358, it is seen that the government of bombay .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1972Kant226; AIR1972Mys226
..... been materially affected.8. with regard to the election of the president and vice-president of india, the parliament has enacted 'the presidential and vice-presidential election act', 1952. under section 14 of the said act. an election petition challenging the election of the president or the vice-president has to be filed in the supreme court. it also provides ..... the jurisdiction and power to declare an election void if it is established that any of the relevant rules have not been followed. if mr. subba rao's contention is accepted, the munsiff has to declare the election of a returned candidate void for non-compliance with the provisions of a rule like rule 5. ..... directed fresh election. aggrieved by the said order, the petitioner has approached this court for relief under arts. 226 and 227 of the constitution of india. sri s. k. venkataranga iyengar, the learned counsel for the petitioner sought out leave to raise a new ground not raised in the affidavit filed in support of the writ .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1958Kant64; AIR1958Mys64; ILR1957KAR359; (1958)36MysLJ34
..... to a subsidiary body. in support of this last proposition he referred us to the material sections in the cotton cess act, indian lac cess act, central excise and salt act and to the rules made thereunder.the learned advocate-general's contention was that, in the present case, tax is to be levied on the entry of certain goods to certain ..... a tax on the sale or purchase of any goods declared by the said act to be essential for the life of the community (which are specified in the schedule to that act), shall have any effect, unless it has been reserved for the consideration of the president and it has received his assent.in the first place, the goods enumerated ..... in the said schedule do not include sugarcane and therefore sugarcane does not come within the purview of the said act. what is mentioned in item 6 of the schedule is gur. gur .....
Tag this Judgment!Court : Karnataka
Reported in : 1998(6)KarLJ511; (1999)ILLJ89Kant
..... an inconsistency between the laws made by the parliament and the laws made by the legislature of a state, which has received the assent of the president, the state act would prevail. such a contention has to be noted only to reject. the question of inconsistency or repugnancy arises only in connection with the subjects ..... widest amplitude in its two limbs, their meaning cannot be magnified to overreach itself. (a) 'undertaking' must suffer a contextual and associational shrinkage as explained in banerji's case, supra and in this judgment; so also, service, calling and the like. this yields the inference that all organized activity possessing the triple elements in i ..... of goods and services if isolated, even then, the predominant nature of the services and the integrated nature of the departments as explained in the corporation of nagpur's case , will be the true test. the whole undertaking will be 'industry' although those who are not 'workmen' by definition may not benefit by the status .....
Tag this Judgment!Court : Karnataka
Reported in : [1992]75CompCas228(Kar); ILR1990KAR3405; 1990(3)KarLJ84
..... through the state agency and the state directorate of industries apart from others is the disbursing agency which is assisted by a state level committee presided over by the secretary to the government of state industries department. the secretary of the committee is the director of industries.4. according to ..... estoppel apart from the principle of legitimate expectation.10. it was further contended that even if the petitioner has not suffered any detriment while acting upon the assurance held out by the concerned authorities, the concept of promissory estoppel is attracted to the facts and circumstances of the case.11 ..... karnataka, having verified the particulars and information furnished, having satisfied itself regarding the eligibility of the petitioner, certified that the grasilene division of the petitioner's company was eligible for subsidy, vide letter dated february 23, 1980, addressed to the commissioner for industrial development and director of industries and commerce, bangalore .....
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