Court : Karnataka
..... affairs of the society to appear before him at any place at the headquarters of the society or any branch thereof and may examine such person on oath; (c) (i) he may, notwithstanding anything contained in this act or in any rule or regulation prescribing the period of notice for a general meeting of the society, require the governing body of the society to call a general meeting at such time and place at the ..... dated 10.06.2023 in vijayavani kannada daily news paper as well as notice dated 09.06.2023 as illegal, null and void and consequently, restrain defendant from acting upon, giving effect to or implementing any decisions taken thereat; declare that the defendant has acted illegally and without authority of law in calling a meeting of the executive committee of the plaintiff - sangha on 17.06.2023; restrain the defendant, his ..... deshpande, learned counsel for the appellants in m.f.a.no.4445/2023 would vehemently contend that the suit is filed within the frame work of section 15 of the karnataka societies registration act, 1960 and no notice was issued and there is no deficiency in the notice and while passing the no confidence motion, notice is mandatory and no notice is given and ..... of the said meeting on the aforesaid directors renders the said special meeting illegal as there has been an infringement of the provisions of the said act, rule 57-a of the maharashtra cooperative societies rules, 1961 and bye-laws 29- d(i) and (ii) and 29-e of the bye laws of the society.71. .....
Tag this Judgment!Court : Karnataka
..... for the purposes of this sub- clause, any organisation includes and organisation registered under section 12-a of the income tax act, 1961 (43 of 1961) and working for the benefit of persons with disability or recognised under chapter x of the persons with disabilities (equal opportunities, protection or rights and full participation) act, 1995 (1 of 1996) or receiving grants from the government for facilitating access to persons with disabilities or an educational institution or library or ..... 07.11.2022 passed i.a.nos.3/2022, 4/2022, 5/2022 and 6/2022 by learned lxxxv additional city civil & sessions judge, commercial division, bangalore(cch-86) in commercial original suit no.1594/2022 is set-aside, subject to the condition that the appellant and respondent nos.3 and 4 shall remove the offending content from their social media platform ..... nos.3 to 6 by learned lxxxv additional city civil & sessions judge, commercial division, bangalore(cch-86) in commercial original suit no.1594/2022 being bereft of any reasons, much less, cogent or sustainable reasons, we are of the opinion that the appeal deserves to be partly allowed with the exception of concession made by ..... 38 b) the infringement of a copyright gives rise to a cause of action on which a civil proceeding like an injunctive suit can be structured; it also can give rise to a cause of action for the institution of a criminal proceeding; in the former, it is preventive, remedial, compensatory or otherwise, whereas, in the latter .....
Tag this Judgment!Court : Karnataka
..... a person who or a family or a joint family which has been assessed to income tax under the income tax act, 1961 (central act 43 of 1961) on an yearly total income of not less than rupees twenty five lakhs for five consecutive years shall be deemed to have an average annual income of not less than rupees twenty five lakhs from sources other ..... it is pertinent to note that w.p.no.19997-19998/2013 arises out of proceedings initiated under sections 79-a and section 80 of the karnataka land reforms act, 1961 (hereinafter referred to as the klr act , for brevity), culminating in the orders passed by kat. ..... to respondent no.4 and after hearing on the 6 said application, he had passed an order declaring that the purchase of 3 acres of land by respondent no.4 / jadhavaji nagarwala, in survey no.30 of kadiganahalli village, was in contravention of sections 79-a and 79-b of the karnataka land reforms act and consequently, the assistant commissioner set aside the said sale deed and forfeited the land to the state government.6. ..... gopalakrishna soodi hcgp for r-6 & r-7) 3 this writ appeal filed under section4of the karnataka high court act praying to set aside the order dated2909.2015 in w.p.no.42727/2013 (sc-st) passed by a common order in w.p.no.19997-98/2013 (lr-res) c/w w.p. ..... the subject matter of this litigation relates to survey no.30 of kadiganahalli village, jala hobli, bengaluru north taluk totally measuring 3 acres, out of which the subject matter of case suit is 2 acres. .....
Tag this Judgment!Court : Karnataka
..... keeping the aforesaid principles laid down by the hon'ble supreme court and the provisions of states reorganization act, 1956, mysore high court act, 1884 and karnataka high court act, 1961, and on careful perusal of the pleadings, it is pertinent to note that, except the petitioner who is a practicing advocate, no other advocates who are practicing within the jurisdiction of ..... 68 inadvisable in view of the dictum of the hon'ble supreme court in the case of federation of bar association in karnataka vs union of india reported in (2000)6 scc715 on the ground that, an executive act cannot over write judicial decision and that, in view of article 214 of the constitution of india only one seat at principal seat is provided and the establishment of circuit benches is in violation of sections 51 and ..... that the hon'ble supreme court in the case of federation of bar association in karnataka -vs- union of india reported in (2000)6 scc715held that high court is the best-suited machinery to decide whether it is necessary and feasible to have a bench outside the principal seat of that high court, thereby it is clear that the hon'ble chief ..... notification under sub-section (2) of section 51 of the act for the establishment of a permanent bench of the rajasthan high court at jaipur. ..... act, 1956, high courts were established under section 49(2) which reads as under:- "as from the appointed day, there shall be a established high court for each of the new states of kerala, mysore and rajasthan ..... rajasthan .....
Tag this Judgment!Court : Karnataka
..... the legislative process only for the limited purpose that the legislative process is incomplete without them for enacting a law and in the absence of the assent the bill passed could not be considered to be an act or a piece of legislation, effective and enforceable and not to extend the immunity in respect of procedural formalities to be observed inside the respective houses and certification by the presiding officer concerned of their due compliance, to areas ..... the adequacy of compensation cannot be questioned in a court of law, but at the same time the compensation cannot be illusory even the compensation payable to landlords under section 40 of the karnataka land reforms act, 1961 after vesting of the agricultural land in the state is also structured on capitalization method. ..... (b) there was letter correspondence between the legislative department of the state and the office of the president of india which eventually resulted into the grant of assent to the impugned act inter alia under article 254(2); the said assent being in general terms would extend to other protective provisions of the constitution such as article 31c; whether the president had applied his - 12 - wp no. ..... civil courts; sub-section (2) provides for transfer of pending suits to the competent authority. ..... sturrock, harold a stuart4 write: the muli tenure is the characteristic tenure of canara and the position of the mulavargdar with regard to government has been definitely settled in the suit vyakunta bapuji v. .....
Tag this Judgment!Court : Karnataka
..... the legislative process only for the limited purpose that the legislative process is incomplete without them for enacting a law and in the absence of the assent the bill passed could not be considered to be an act or a piece of legislation, effective and enforceable and not to extend the immunity in respect of procedural formalities to be observed inside the respective houses and certification by the presiding officer concerned of their due compliance, to areas ..... the adequacy of compensation cannot be questioned in a court of law, but at the same time the compensation cannot be illusory even the compensation payable to landlords under section 40 of the karnataka land reforms act, 1961 after vesting of the agricultural land in the state is also structured on capitalization method. ..... (b) there was letter correspondence between the legislative department of the state and the office of the president of india which eventually resulted into the grant of assent to the impugned act inter alia under article 254(2); the said assent being in general terms would extend to other protective provisions of the constitution such as article 31c; whether the president had applied his - 12 - wp no. ..... civil courts; sub-section (2) provides for transfer of pending suits to the competent authority. ..... sturrock, harold a stuart4 write: the muli tenure is the characteristic tenure of canara and the position of the mulavargdar with regard to government has been definitely settled in the suit vyakunta bapuji v. .....
Tag this Judgment!Court : Supreme Court of India
..... in that case, the court was concerned only with section 9 (2) of the rajasthan agricultural produce markets act, 1961, which was held not to relate to a statutory function but only a discretionary charge, i.e. ..... and development of a new airport in lieu of an existing airport and the function of establishing a private airport are exclusive functions of the airports authority under the 2004 act, and these statutory functions cannot be assigned by the airports authority under lease to a lessee under section 12a of the act, the lease agreements, namely, the omda and the state support agreement could not make a provision conferring the right on the lessee to levy and ..... in case the lease of the premises of an existing airport (including buildings and structures thereon and appertaining thereto) has been made to a lessee under section 12a of the act, the airports authority may meet the costs of up-gradation, expansion and development of such leased out airport to a lessee, but this can be done only if the rules provide for such payment to the lessee of an airport ..... valuation of taxable services for charging service tax (1) subject to the provisions of this chapter, service tax chargeable on any taxable service with reference to its value shall- (i) in a case where the provision of service is for a consideration in money, be ..... valuation of taxable services for charging service tax.-. ..... the adjudicating authority accorded the benefit of cum-tax valuation. .....
Tag this Judgment!Court : Supreme Court of India
..... animals cruelty to animals cruelty to animals cruelty to animals act, 1960 (tamil nadu (karnataka second (maharashtra ( principal act ) amendment) act, amendment) act, amendment) act, 2017 2017 2017 scope an act to prevent the an act to amend the an act further to an act to amend the infliction of prevention of cruelty amend the prevention of cruelty unnecessary pain or to animals act, 1960 prevention of cruelty to animals act, suffering on animals so as to preserve the to animals act, 1960 1960, in its and for that purpose cultural ..... publication, by notification in the official gazette, make the rules, not inconsistent with the rules made by the central government, if any, for carrying into effect the provisions of sub- section (2) of section 3 of the act (2) every rule made under this section shall be laid, as soon as may be, after it is made, before each house of the state legislature, while it is in session for a total period of thirty days, ..... babu ram upadhya [(1961) 2 scr679: air1961sc751: (1961) 1 cri lj773 this court held 39 that rules made under a statute must be treated, for all purposes of construction or obligations, exactly as if they were in that act and are to the same effect as if they were contained in the act and are to be ..... even if we proceed on the basis that legislature is best suited branch of the state to determine if particular animal-sports are part of cultural tradition of a region or community, or not, if such cultural event or tradition 53 ..... rajasthan .....
Tag this Judgment!Court : Supreme Court of India
..... . taking a cue from the song s lyrics, it can be appropriately said that the legislature while introducing section 69a to the income tax, act, 1961 by the finance act, 1964, was concerned only with such precious and aspirational articles like bullion and jewellery which are capable of being repositories of hidden earnings but were not really concerned ..... of this case to be tied down with the controversy whether in india there is any concept of legal ownership apart from equitable ownership or not or whether under sections 9 and 10 of the indian income tax act, 1922 and sections 22 to 24 of the indian income tax act, 1961, where owner is spoken in respect of the house properties, the legal owner is meant and not the equitable or beneficial owner ..... aforesaid discussion, it must be said that for purposes of interpreting section 69a of the income tax, act 1961- the ordinary and literal meaning should be opted as the words in the statute are clear ..... . i am in accord with his judgment that for the purposes of section 69a of the income tax act, 1961- the deeming effect of the provision will only apply, if the assessee is the owner of the impugned goods and secondly, for any article to be considered as valuable article under section 69a, it must be intrinsically page ..... . the purchasers can also enforce suit for specific performance for execution of formal registered deed if the vendor was ..... with which we are concerned in this appeal is belonging to the assessee on the valuation date ..... , the rajasthan decision .....
Tag this Judgment!Court : Supreme Court of India
..... summons can be issued under section 50 without registering an information report; (viii) that the power to issue summons under section 50(2) can be exercised only during the course of any investigation or proceeding under the act; (ix) that in the case on hand, no property representing the proceeds of crime has been identified; (x) that this is why the high court questioned the ed as to how section 3 got invoked; ..... offence of money-laundering cannot be made out; (xiv) that it was wrongly decided in vijay madanlal choudhary that it was not a penal statute, though the object of the act is to prosecute and punish a person for the offence of money-laundering; (xv) that the procedural safeguards available under the code are also not available and hence vijay madanlal choudhary has ..... of anti-money laundering and combating the financing of terrorism; (v) that the recommendations made by them were carried into effect by making suitable amendments to the act; (vi) that the historical perspective of the act and the amendments thereto are discussed in detail in vijay madanlal choudhary; (vii) that almost all provisions of the pmla were challenged in vijay madanlal choudhary ..... this history can be traced as follows: (i) in 1961, united nations convention on narcotic drugs was adopted and ..... rajasthan ..... 2015, the high court did not perhaps realize that it may enable devasagayam to derail (incidentally he had retired from railways and the word derail suits him) even the proceedings in cc no.24 of 2021. .....
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