Court : Karnataka Dharwad
..... for the carriage of any commodity between two stations, at a rate which is unreasonable, it would be for the complainant to approach the railway rates tribunal constituted under chapter vii of the railways act, 1989. therefore, since the petitioners 6 were armed with an alternative remedy of redressal, the petitioners firstly having chosen to approach the consumer ..... respondent no.3 having realized that a mistake of fact had been committed by respondents 1 and 2, the question is whether the 8 railways are enabled in law to claim and demand the difference in charges and whether the contract of entrustment of goods for carriage could be said to be voidable and not binding ..... petition seeking redressal of their grievance. it is reiterated that only after the cargo was despatched and had reached its destination that the respondents have raised a claim that the concession offered was no longer valid and that it was by mistake of fact that the goods had been accepted for delivery and that unless .....
Tag this Judgment!Court : Karnataka Dharwad
..... for the carriage of any commodity between two stations, at a rate which is unreasonable, it would be for the complainant to approach the railway rates tribunal constituted under chapter vii of the railways act, 1989. therefore, since the petitioners were armed with an alternative remedy of redressal, the petitioners firstly having chosen to approach the consumer ..... and respondent no.3 having realized that a mistake of fact had been committed by respondents 1 and 2, the question is whether the railways are enabled in law to claim and demand the difference in charges and whether the contract of entrustment of goods for carriage could be said to be voidable and not binding ..... also addressed. therefore, it would meet the ends of justice if the amount now withdrawn by the respondents is taken as full and final settlement of their claim. accordingly, the petition is allowed in part and stands disposed of in terms as above. the impugned demand is quashed. the petitioners were required to furnish .....
Tag this Judgment!Court : Karnataka Dharwad
..... the constitution of india is pressed into service in petitions which are filed for questioning the legality or validity of orders or proceedings of subordinate courts or quasi judicial tribunals functioning within the jurisdiction of the high court. in the present case, actions questioned being actions on the part of the state and its authorities, even the statutory ..... to the north of nh-64, in particular to include the land lying in between the national highway and the railway lane to cover under the notifications issued under sections 3(1) and 28(1) of the act and therefore submits that not only reveals non-application to the relevant aspects which is writ large on the face of ..... out of a total extent from out of lands sought to be declared as industrial area. 6. it is the claim of the state government that, simultaneously was issued a notification under section 1(3) of the act in respect of a total extent of 992 acres 8 guntas of land. though appellants/petitioners had contended that it had .....
Tag this Judgment!Court : Karnataka Dharwad
..... an order under this section may, within thirty days from the date of communication of the order appeal. (a) to the karnataka appellate tribunal constituted under the karnataka appellate tribunal act, 1976 (karnataka act 10 of 1976), where the prescribed authority is the commissioner; (b) to the commissioner, if the order passed is of the deputy commissioner; ..... the disability ceases or another successor succeeds to such office: provided that in making any appointment, the rajya dharmika parishat shall have due regard to the claims of members of the said family, if any entitled to the succession. 25b. power of the deputy commissioner to settle scheme for the administration of charitable ..... to be dismissed as the questions of the law raised are unsustainable and the pleadings are vague and bereft of particulars. and no religious practice was claimed to have been affected adversely. in fact no mention of the religious practice is found in the writ petitions. not even an optional or let alone .....
Tag this Judgment!Court : Karnataka Dharwad
..... to the state government to prescribe equivalent qualification and that the impugned amendment does not alter the prescribed qualification under the ncte regulations. this finding of the tribunal, in our considered view is perverse. the minimum qualification for secondary/high school teacher is, graduation with bachelor's degree in education (b.ed.) or ..... department of public instruction) (recruitment) (amendment) rules, 2002 was published as required by sub-section (2) of section 3 of the karnataka civil services act, 1978 (karnataka act 14 of 1990) in notification no.dpar 59 sre 2002, dated 31st october 2002 in part-iva of the karnataka gazette extraordinary no.1474, dated 31st october ..... for matters connected therewith. the educational qualification for teacher is dealt in chapter-i. the functioning of the ncte are dealt in chapter iii of the act. section 12(d) requires ncte to lay down guidelines in respect of minimum qualifications for a person to be employed as a teacher in schools or .....
Tag this Judgment!Court : Karnataka Dharwad
..... 2000 and thereafter from 29.12.2000 to 14.12.2003. thereafter, it was again renewed from 16.5.2005 to 15.5.2008. the motor accidents claims tribunal held that though on the date of accident the driving licence was not valid, since the drivers licence was renewed on 16.5.2005 for a further ..... (d) light motor vehicle, (e) transport vehicle, (f) road roller and (g) motor vehicle of other specified description. the definition clause in section 2 of the act defines various categories of vehicles which are covered in broad types mentioned in sub-section (2) of section 10. they are goods carriage, heavy-goods vehicle, heavy passenger motor-vehicle ..... effective for a period of 30 days. 10. one other development that is relevant is the amendment of sub-section (2) of section 10 by the motor vehicles (amendment) act, 1994 in the said section, the following kinds of vehicles were specified: .................. (e) medium goods vehicle, (f) medium passenger motor vehicle, (g) heavy goods vehicle and .....
Tag this Judgment!Court : Karnataka Dharwad
..... orders of the trial court. 3. the commissioner of police (training) shall organize seminars/workshops for police personnel for sensitization in cases under the karnataka police act. 4. registry is directed to send a copy of this order to the director general and inspector general and commissioner of police, bangalore, karnataka state for ..... keshav lal thakur vs. state of bihar, reported in (1996) 11 scc 557, the hon'ble apex court reiterated the above principle as - "representation of the people act 1950: sec 31 - investigation into, and taking cognizance of, offence under - legality - being a non-cognizable offence, investigation into offence u/s.31 without an ..... learned counsels appearing for the petitioners strenuously argued before this court raising several important legal issues which are as follows: (1) section 78(3) of kp act, which is a non-cognizable offence, under which a credible information was received by the police and fir was registered and investigation has been done by the .....
Tag this Judgment!Court : Karnataka Dharwad
..... as 8 substantial questions of law in the appeal memo, which are as follows: (a) whether on the facts and the circumstances of the case, the income tax tribunal is justified in upholding the order of the assessment order passed by the assessing authority and the appeal order of the commissioner of income tax (appeals) hubli? (b) ..... value of the consideration received or accruing as a result of such transfer. (2) without prejudice to the provisions of sub-section (1), where- (a) the assessee claims before any assessing officer that the value adopted or assessed or assessable by the stamp valuation authority under sub-section (1) exceeds the fair market value of the property ..... given its natural and literal meaning and not a strained meaning by subjecting it to the provisions of section 50c of the act? (f) whether on the facts and the circumstances of the case, the income tax tribunal is correct in law in holding that the denial of benefit of exemptions under section 54f(a)(a) on condition of .....
Tag this Judgment!Court : Karnataka Dharwad
..... ports & iwt department (national highways) vishweshwar nagar hubballi-32 4. no.g5& 6, sector10 dwarka, new delhi11007. represented by its chief general manager5 belgaum territory near desur railway station, zedshahpur, desur post, belgavi590014. represented by its territory manager (retail) 6. age: major, occ: business good shed road, kulkarni hakkal, hubballi-580 020 7. ..... be the owner of the lands regarding which the entries have been made in such records maintained before the commencement of this act. (3) any person claiming against the ownership of the central government referred to in sub-section (2) shall make written complaint to the highway administration and prove his ..... permission to access the highway. it is further contended that section 23 of the act of 2002 has deemed that the highway land to be a property of the central government. the act of 2002 also provides for establishment of a tribunal. further, by notification dated 02.06.2015, the central government has also notified .....
Tag this Judgment!Court : Karnataka Dharwad
..... sp has recommended to take disciplinary action against the petitioner, the appeal came to be dismissed. unfortunately, the tribunal proceeded to confirm the non-speaking order passed by the disciplinary authority confirmed by the appellate authority even though a ..... justice h.t. narendra prasad writ petition no.58751/2017 (s-kat) between shri shrishail shivappa koujalagi, occ:circle police inspector, railways, hubballi-580020, dt:dharwad. ... petitioner (by sri. ashok r kalyanashetty, adv.) and1 the inspector general of police, north zone ..... he mis appropriated f ood allo wance. shri kaushal kumar :24. : singh was f ound guilty only f or claiming f ood allowance illegally. the superior courts of india exercising po wer of judicial revie w, it is trite, would ..... and they have filed common objections in the :20. : departmental enquiry proceedings initiated against both of them. any act of repository of power, whether legislative or administrative or quasi-judicial is open to challenge it if it is so .....
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