Court : Karnataka
..... from the consumers of the apartments, businesses as the case would be. (i) insofar as all other payments made, they would all be at liberty to give representation to the bbmp and the bbmp would consider the refund of the amounts, in accordance with law and the findings of this court. (j) if ..... ironed out as part of the attempt to sustain the validity/constitutionality of the enactment. after all, an act made by the legislature represents the will of the people and that cannot be lightly interfered with. the unconstitutionality must be plainly and clearly established before an enactment is declared as void. the same approach holds good while ..... taken from all other authorities for issuance of occupancy certificate form part of scrutiny fee.28. the defence of bbmp is that they have set up computers and several people are working on the job for grant of occupancy certificates after scrutinizing the documents, and therefore, levy on scrutiny fee is valid. 304 this submission is unacceptable as .....
Tag this Judgment!Court : Karnataka
..... from the consumers of the apartments, businesses as the case would be. (i) insofar as all other payments made, they would all be at liberty to give representation to the bbmp and the bbmp would consider the refund of the amounts, in accordance with law and the findings of this court. (j) if ..... ironed out as part of the attempt to sustain the validity/constitutionality of the enactment. after all, an act made by the legislature represents the will of the people and that cannot be lightly interfered with. the unconstitutionality must be plainly and clearly established before an enactment is declared as void. the same approach holds good while ..... taken from all other authorities for issuance of occupancy certificate form part of scrutiny fee.28. the defence of bbmp is that they have set up computers and several people are working on the job for grant of occupancy certificates after scrutinizing the documents, and therefore, levy on scrutiny fee is valid. 304 this submission is unacceptable as .....
Tag this Judgment!Court : Karnataka
..... from the consumers of the apartments, businesses as the case would be. (i) insofar as all other payments made, they would all be at liberty to give representation to the bbmp and the bbmp would consider the refund of the amounts, in accordance with law and the findings of this court. (j) if ..... ironed out as part of the attempt to sustain the validity/constitutionality of the enactment. after all, an act made by the legislature represents the will of the people and that cannot be lightly interfered with. the unconstitutionality must be plainly and clearly established before an enactment is declared as void. the same approach holds good while ..... taken from all other authorities for issuance of occupancy certificate form part of scrutiny fee.28. the defence of bbmp is that they have set up computers and several people are working on the job for grant of occupancy certificates after scrutinizing the documents, and therefore, levy on scrutiny fee is valid. 304 this submission is unacceptable as .....
Tag this Judgment!Court : Karnataka
..... or training which are pertinent to the institution. the government order further states that gokarna temple is attached to the respondent - mutt and in light of the representations made by respondent- mutt, the temple was being deleted from the list of notified institutions on the basis of the opinion of the learned advocate general. but ..... statute or law. even in united states of america parens patriae jurisdiction has been exercised by the state for enhancing public interest such as health of the people or at times of strive or calamities. it cannot be exercised for or on behalf of individual entities such as respondent mutt or pontiff in the instant ..... of the power of original applicant. but public interest litigation cannot be a medium for settling disputes between individual parties or securing benefits to a particular section of people for furtherance of their personal rights. the court would disapprove any attempt which projects a private concern as a pil when no issue of law or of .....
Tag this Judgment!Court : Karnataka
..... proves that the respondent, his election agent and others with their knowledge and consent, committed the corrupt practice within the meaning of section 123(2) of the representation of people act, 1951 by exercising undue influence and by threatening sri vijayakumar kondajji, his wife, smt. honnamma during the election campaign between 25th and 28th april 2009? ..... the result of the election declared on 16.05.2009? 2. whether the petitioner proves that the provisions contained in sections 36, 37 and 38 of the representation of people act, 1951 are violated? whether the petitioner proves that the said violations, if any, have materially affected the result of the election of the respondent? 3. ..... in e.p.no.2/2009: 1. whether the petitioner proves that the respondent was on the date of election disqualified under section 9a of the representation of people act, 1951 to be chosen to fill the seat of the 15th lok sabha constituency no.13 davanagere lok sabha constituency at the election held on .....
Tag this Judgment!Court : Karnataka
..... as under:decision of returning officer accepting or rejecting the nomination paper.i have examined this nomination paper in accordance with section 36 of the representation of the people act, 1951, and decide as follows:date:.. returning officerdoes indicate that the returning officer has the discretion to reject a nomination paper even ..... is warranted to ensure fair-play, equal opportunity and practical possibilities of adhering to the procedure.an election petition though is a creature of the representation of people act, 1951, and being a petition at the instance of an aggrieved persons with regard to the validity of the declaration of election result, ..... paper at the threshold by the 4threspondent is illegal and improper and direct r1 to initiate suitable disciplinary action against r4 as per provisions of representation of people act. 1951 so that it serves as a deterrent and discourage such officers from violating the statutory law and helps in upholding the constitutional rights .....
Tag this Judgment!Court : Karnataka
..... as under:decision of returning officer accepting or rejecting the nomination paper.i have examined this nomination paper in accordance with section 36 of the representation of the people act, 1951, and decide as follows:date:.. returning officerdoes indicate that the returning officer has the discretion to reject a nomination paper even ..... as is warranted to ensure fair-play, equal opportunity and practical possibilities of adhering to the procedure.an election petition though is a creature of the representation of people act, 1951, and being a petition at the instance of an aggrieved persons with regard to the validity of the declaration of election result, ..... at the threshold by the 4th respondent is illegal and improper and direct r1 to initiate suitable disciplinary action against r4 as per provisions of representation of people act. 1951 so that it serves as a deterrent and discourage such officers from violating the statutory law and helps in upholding the constitutional rights .....
Tag this Judgment!Court : Karnataka
..... the period of five years from the date of declaration of results for retention of documents or records, particularly having regard to the provisions of section 86(7) of the representation of people act, 1951, reading as under: 86. trial of election petitions:- xxx (7) every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude .....
Tag this Judgment!Court : Karnataka
..... an order abolishing contract labour, when the said order being given effect to, without experiencing the defects in giving effect to the said order, on a mere representation of the employers, they could not have rescinded the earlier notification prohibiting contract employment in canteens. the power to abolish contract labour is statutorily provided under section 10 ..... and a policy decision so undertaken. the courts no-doubt, has a duty to see that the undertaking of a decision, in law is not violated and peoples fundamental rights are not transgressed upon except to the extent permissible under the constitution. therefore, it is clear that the policy is essentially for the state ..... to formulate keeping in mind the need and requirements of the people and the society at large. the state should be allowed some play in the joints because it has to deal with complex problems which do not admit .....
Tag this Judgment!Court : Karnataka
..... no. 1 to initiate suitable disciplinary action against respondent no. 4 as per provisions of representation of people act 1951, so that it serves as a deterrent and discourage such officer's from violating the statutory law and helps in upholding the constitutional right's ..... as null and void and order fresh elections in the interest of justice and equity, as the petitioner is entitled for relief under section 100(1)(c) representation of people act 1951, since rejection of petitioner's nomination paper at the threshold by the 4th respondent is illegal and improper.(b) pleased to direct the respondent's ..... under order vi rule 16 of code of civil procedure [for short the cpc] is by the respondent in an election petition presented under section 81 of the representation of people act, 1951 [for short, the act],2. the petitioner, who claims to have made an attempt to file her nomination papers for seeking election to the .....
Tag this Judgment!