Court : Karnataka Dharwad
..... collegiate education with effect from 01.01.1986 and extended the career advancement scheme inter alia to the librarian and physical education personnel in the aided colleges; and whereas in exercise of the powers conferred by sub-section (1) of section 145 of the karnataka education act, 1983, the government has issued rules namely the karnataka educational institutions (recruitment and terms and conditions of service of employees in aided colleges of education and teacherstraining institutes ..... (9) the consistent thread that runs through all the decisions of this court is that the legislature cannot directly overrule the decision or make a direction as not binding on it but has power to make the decision ineffective by removing the base on which the decision was rendered, consistent with the law of the constitution and the legislature must have competence to do the ..... that the consistent thread that runs through all the decisions of the apex court is that the legislature cannot directly over rule the decision or make a direction as not binding on it but has power to make the decision ineffective by removing the base on which the decision was rendered, consistent with the constitution of india. ..... learned advocate general argued that the intention of the legislature is only to extinguish such rights vis- -vis the state, the section does not make any distinction between the obligation of the state and the obligation of the management to give the benefits as contemplated under the .....
Tag this Judgment!Court : Karnataka Dharwad
..... department of collegiate education with effect from 01.01.1986 and extended the career advancement scheme inter alia to the librarian physical education personnel in the aided colleges; and and whereas in exercise of the powers conferred by sub-section (1) of section 145 of the karnataka education act, 1983, the government has issued rules namely the karnataka educational institutions (recruitment and terms and conditions of service of employees in aided colleges and teachers' training ..... given of (9) all through legislature the consistent thread that runs the decisions of this court is that the cannot directly overrule the decision or make a direction as not binding on it but has power to make decision ineffective by removing the base on which the decision was consistent the with the constitution legislature have competence to do the same ..... has been held that the consistent thread that runs through all the decisions of the apex court is that the legislature cannot directly over rule the decision or make a direction as not binding on it but has power to make the decision ineffective by removing the base on which the decision was rendered, consistent with the constuitution of india ..... the learned advocate general argued that the intention of the legislature is only to extinguish such rights vis-a-vis the state, the section does not make any distinction between the obligation of the state and the obligation of the management to give the benefits as contemplated under the .....
Tag this Judgment!Court : Karnataka Dharwad
..... the doctrine is that once a matter has been determined in a former proceeding, it should not be open to parties to reagitate the matter again and again and that section 11 of cpc recognises this principle and forbids a court from trying any suit or issue, which is res judicata, recognising both cause of action estoppel and issue estoppel .23. ..... of its failure, the corporation exercised the powers vested in it under section 29 of the state financial corporation act (for short the act ) and took the possession of the running ..... the reading of the above communications, exchanged between the corporation, auction purchaser and the third party makes it clear that the word nominee came to be introduced into the transactions only by the letter dated 14.03.2011 and it was not a part of the terms and conditions originally agreed ..... he would draw the attention of this court to the writ proceedings rules, 1977, more particularly rule 2(3a) and also the statement made in the second writ petition, wherein the petitioner has asserted that he has not filed any other writ ..... would submit that the second writ petition is hit by the provisions of order 23 rule 1 of cpc, as the withdrawal of the writ appeal, without reserving liberty amounts ..... no.100802/2014 -35- there are no rules which stipulate that a sale notification of any seized asset has to be preceded by a valuation by an independent valuer and ..... rules ..... this court to the provisions of order 2 rules 2 and 3 of cpc. ..... provisions of order 23 rule 1 of cpc. .....
Tag this Judgment!Court : Karnataka Dharwad
..... under the act, sub-section(1) of section 34 states that the high court may make rules laying down conditions, subject to which, an advocate shall be permitted to practice in the high court and the courts subordinate thereto. ..... on the other hand, the aforesaid judgments clearly enunciate that when a statue prescribes making rules for exercise of 53 power or taking any action under a particular provision, the absence of rules being framed, exercise of power is not illegal. ..... on a plain reading of these words inserted in the amended provision of section 179 of the principle act, i do not find any legislative intent indicating that the authority exercising power under the amended provisions has to wait until and unless, rules are framed in that regard. ..... constitution of india and seek a mandamus by relying on the judgment of the hon ble apex court rendered in vipulbhai m.chaudhary s case reported in (2005) 8 scc1 he would submit to this court that the apex court by exercising its power under article 142 of constitution of india has proceeded to issue a writ and as such exercise cannot be done by this court under article 226 of the constitution of india. ..... further the amendment to section 179 wherein the words subject to such rules as may be prescribed would in no way take away the powers of the authority in proceeding with the no-confidence motion by following the procedure prior to amendment. .....
Tag this Judgment!Court : Karnataka Dharwad
..... (2) whether re-assessment notices in w.p.nos.67670/2010 as per annexures-j, k and l for the assessment years 2002-03, 2003- 04 and 2004-05 issued by respondent no.5 after a significant lapse of time from the 24 original assessments are valid under section 6(2) of kteg act and assessment orders dated 31.3.2017 in w.p.nos.103670/2017 and 103671/2017 for the assessment year 2009-10 passed by respondent no.5 in terms of the wordings prevailing market price of such goods in local areas under clause ..... , the assessing authority may, notwithstanding the fact that whole or part of such escaped turnover or value of taxable goods as the case may be, was already before the said authority at the time of assessment or reassessment, proceed to make assessment or any further re-assessments in 37 addition to such earlier assessment or re- assessment now, let me examine whether the impugned assessment orders in two petitions and reassessment notices in three petitions are beyond the permissible limit prescribed ..... therefore, this court under writ jurisdiction has ample powers to examine the validity of assessment orders and also reassessment notices. ..... however, the hon ble supreme court ruled that the high court cannot reject the writ petition or order the appellants to pursue an alternate remedy because the respondent had acknowledged liability.39. ..... my finding regarding point no.4: the judicial rule of convenience serves as the foundation for the doctrine of exhaustion of alternatives. .....
Tag this Judgment!Court : Karnataka Dharwad
..... (2) whether re-assessment notices in w.p.nos.67670/2010 as per annexures-j, k and l for the assessment years 2002-03, 2003- 04 and 2004-05 issued by respondent no.5 after a significant lapse of time from the 24 original assessments are valid under section 6(2) of kteg act and assessment orders dated 31.3.2017 in w.p.nos.103670/2017 and 103671/2017 for the assessment year 2009-10 passed by respondent no.5 in terms of the wordings prevailing market price of such goods in local areas under clause ..... , the assessing authority may, notwithstanding the fact that whole or part of such escaped turnover or value of taxable goods as the case may be, was already before the said authority at the time of assessment or reassessment, proceed to make assessment or any further re-assessments in 37 addition to such earlier assessment or re- assessment now, let me examine whether the impugned assessment orders in two petitions and reassessment notices in three petitions are beyond the permissible limit prescribed ..... therefore, this court under writ jurisdiction has ample powers to examine the validity of assessment orders and also reassessment notices. ..... however, the hon ble supreme court ruled that the high court cannot reject the writ petition or order the appellants to pursue an alternate remedy because the respondent had acknowledged liability.39. ..... my finding regarding point no.4: the judicial rule of convenience serves as the foundation for the doctrine of exhaustion of alternatives. .....
Tag this Judgment!Court : Karnataka Dharwad
..... (2) whether re-assessment notices in w.p.nos.67670/2010 as per annexures-j, k and l for the assessment years 2002-03, 2003- 04 and 2004-05 issued by respondent no.5 after a significant lapse of time from the 24 original assessments are valid under section 6(2) of kteg act and assessment orders dated 31.3.2017 in w.p.nos.103670/2017 and 103671/2017 for the assessment year 2009-10 passed by respondent no.5 in terms of the wordings prevailing market price of such goods in local areas under clause ..... , the assessing authority may, notwithstanding the fact that whole or part of such escaped turnover or value of taxable goods as the case may be, was already before the said authority at the time of assessment or reassessment, proceed to make assessment or any further re-assessments in 37 addition to such earlier assessment or re- assessment now, let me examine whether the impugned assessment orders in two petitions and reassessment notices in three petitions are beyond the permissible limit prescribed ..... therefore, this court under writ jurisdiction has ample powers to examine the validity of assessment orders and also reassessment notices. ..... however, the hon ble supreme court ruled that the high court cannot reject the writ petition or order the appellants to pursue an alternate remedy because the respondent had acknowledged liability.39. ..... my finding regarding point no.4: the judicial rule of convenience serves as the foundation for the doctrine of exhaustion of alternatives. .....
Tag this Judgment!Court : Karnataka Dharwad
..... (2) whether re-assessment notices in w.p.nos.67670/2010 as per annexures-j, k and l for the assessment years 2002-03, 2003- 04 and 2004-05 issued by respondent no.5 after a significant lapse of time from the 24 original assessments are valid under section 6(2) of kteg act and assessment orders dated 31.3.2017 in w.p.nos.103670/2017 and 103671/2017 for the assessment year 2009-10 passed by respondent no.5 in terms of the wordings prevailing market price of such goods in local areas under clause ..... , the assessing authority may, notwithstanding the fact that whole or part of such escaped turnover or value of taxable goods as the case may be, was already before the said authority at the time of assessment or reassessment, proceed to make assessment or any further re-assessments in 37 addition to such earlier assessment or re- assessment now, let me examine whether the impugned assessment orders in two petitions and reassessment notices in three petitions are beyond the permissible limit prescribed ..... therefore, this court under writ jurisdiction has ample powers to examine the validity of assessment orders and also reassessment notices. ..... however, the hon ble supreme court ruled that the high court cannot reject the writ petition or order the appellants to pursue an alternate remedy because the respondent had acknowledged liability.39. ..... my finding regarding point no.4: the judicial rule of convenience serves as the foundation for the doctrine of exhaustion of alternatives. .....
Tag this Judgment!Court : Karnataka Dharwad
..... a consequence of its failure, the corporation exercised the powers vested in it under section 29 of the state financial corporation act (for short the act ) and took the possession of the running hospital ..... vehemently contended that the argument of the petitioner, on the issue of reserve price and valuation of the seized assets prior to sale cannot be countenanced for the fact that there are no rules which stipulate that a sale notification of any seized asset has to be preceded by a valuation by an independent valuer and thereafter a fixation of the reserve price. ..... the reading of the above communications, exchanged between the corporation, auction purchaser and the third party makes it clear that the word nominee came to be introduced into the transactions only by the letter dated 14.03.2011 and it was not a part of the terms and conditions originally agreed upon and ..... time for compliance of ots terms on the premise: a) that a long time has lapsed since ots was sanctioned in june 2006; b) that the promoter (petitioner) has not made efforts even to make part payments at his own behest; c) that he has made payments only pursuant to the orders of the court. ..... a combined reading of the letter dated 05.04.2011 and 06.04.2011 addressed by the auction purchaser to the corporation makes one fact clear, that the auction purchaser has transferred his interest in the auction property in favour of the third party and such transfer by way of nomination is on the strength of clause no.4 of .....
Tag this Judgment!Court : Karnataka Dharwad
..... if the conviction was also to be made ineffective then either the jurisdiction of regular sessions court would have been completely excluded not only under section 9 of the 2015 act but also under section 25 of the 2015 act, provision would have been made that on a finding being recorded that the person being tried is a child, a pending trial should also be relegated to the jjb and also that such ..... a child or was a child on the date of commission of the offence, or if the court itself is of the opinion that the person was a child on the date of commission of the offence, the said court shall make an inquiry, take such evidence as may be necessary (but not an affidavit) to determine the age of such person, and shall record a finding on the matter, stating the age of the person as nearly as may be: provided ..... however, the documents mentioned in rules 12(3)(a)(i), (ii) and (iii) of the jj rules, 2007 made under the jj act, 2000 or sub- section (2) of section 94 of the jj act, 2015, shall be sufficient for ..... where the magistrate is not empowered to exercise the powers of juvenile justice board, if he is of the opinion that the person alleged to have committed the offence brought before him was a child, he shall immediately refer the ..... (1) when a magistrate, not empowered to exercise the powers of the board under this act is of the opinion that the person alleged to have committed the offence and brought before him is a child, he shall, without any delay, record such opinion and forward .....
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