Court : Karnataka Dharwad
..... subsequent rules. providing age-based exemption is an established practice and decision making authority should have considered their reasonable, legitimate and valid request articulated through representation which was submitted in time by the applicants.5.4 the crux of the case is that the provision of section 10(1)(vi) of the ..... the respondents ought to have considered their objection and representation, then the applicants who have legitimate expectation to be treated fairly as lady teachers have been - 12 - provided expressed exemption under the act, 2020 and ..... ) of act 2020 exempts certain category of teachers for being included in the excess teachers list. then the respondents are duty bound to consider the representation which is in their competency and take remedial measures.5.3.1 emphasizing that once the exemption option is exercised by any teacher-the applicants herein, .....
Tag this Judgment!Court : Karnataka Dharwad
..... subsequent rules. providing age-based exemption is an established practice and decision making authority should have considered their reasonable, legitimate and valid request articulated through representation which was submitted in time by the applicants.5.4 the crux of the case is that the provision of section 10(1)(vi) of the ..... the respondents ought to have considered their objection and representation, then the applicants who have legitimate expectation to be treated fairly as lady teachers have been - 12 - provided expressed exemption under the act, 2020 and ..... ) of act 2020 exempts certain category of teachers for being included in the excess teachers list. then the respondents are duty bound to consider the representation which is in their competency and take remedial measures.5.3.1 emphasizing that once the exemption option is exercised by any teacher-the applicants herein, .....
Tag this Judgment!Court : Karnataka Dharwad
..... issuance of the notice, all proceedings in respect of the notice shall be deemed to be concluded. under sub-section (9), the proper officer after considering the representation of the person chargeable to tax is authorised to determine the amount of tax, interest and penalty due and to issue an order. a period of five years ..... deprived of livelihood they must be facing serious difficulties. i here is no justification to throw them out of employment and then given them an opportunity of representation when the requirement is that they should have the opportunity referred to above as a condition precedent to action. it is common experience that once a decision ..... justice. the authority who embarks upon a post-decisional hearing will naturally proceed with a closed mind and there is hardly any chance of getting a proper consideration of the representation at such a post- decisional opportunity. in this connection, we may refer to a recent decision of this court in k.i. shephard & ors. v. union .....
Tag this Judgment!Court : Karnataka Dharwad
..... issuance of the notice, all proceedings in respect of the notice shall be deemed to be concluded. under sub-section (9), the proper officer after considering the representation of the person chargeable to tax is authorised to determine the amount of tax, interest and penalty due and to issue an order. a period of five years ..... deprived of livelihood they must be facing serious difficulties. i here is no justification to throw them out of employment and then given them an opportunity of representation when the requirement is that they should have the opportunity referred to above as a condition precedent to action. it is common experience that once a decision ..... justice. the authority who embarks upon a post-decisional hearing will naturally proceed with a closed mind and there is hardly any chance of getting a proper consideration of the representation at such a post- decisional opportunity. in this connection, we may refer to a recent decision of this court in k.i. shephard & ors. v. union .....
Tag this Judgment!Court : Karnataka Dharwad
..... issuance of the notice, all proceedings in respect of the notice shall be deemed to be concluded. under sub-section (9), the proper officer after considering the representation of the person chargeable to tax is authorised to determine the amount of tax, interest and penalty due and to issue an order. a period of five years ..... deprived of livelihood they must be facing serious difficulties. i here is no justification to throw them out of employment and then given them an opportunity of representation when the requirement is that they should have the opportunity referred to above as a condition precedent to action. it is common experience that once a decision ..... justice. the authority who embarks upon a post-decisional hearing will naturally proceed with a closed mind and there is hardly any chance of getting a proper consideration of the representation at such a post- decisional opportunity. in this connection, we may refer to a recent decision of this court in k.i. shephard & ors. v. union .....
Tag this Judgment!Court : Karnataka Dharwad
..... sum of rs.30 lakhs for the death of his son. this court permitted him to withdraw the petition, reserving liberty to the petitioner to submit a detailed representation. representation was submitted, it again goes unheeded. the petitioner reaches this court yet again, in w.p.113542 of 2019. this court, in terms of its order dated ..... 04-10-2021 disposes the writ petition with a direction to take necessary steps to grant adequate compensation. the petitioner again represents. the representation again did not yield any result, he is again before this court, for the third time, in the subject petition.5. learned counsel appearing for the petitioner ..... that the entitlement of the petitioner has to be assessed under the act and what is maximum payable would be paid if reasonable time is granted, the representation of the petitioner would be considered and appropriate orders would be passed in accordance with law.7. during the course of hearing of the petition, the aforesaid .....
Tag this Judgment!Court : Karnataka Dharwad
..... of fraud, collusion, willful misstatement or suppression of facts or with intent to evade payment of duty, the chief controlling authority is empowered to exercise this power within 10 years. representation.109. thus, the statute itself prescribes a time limit of five years (ten years in case of fraud, etc.,) for the state to recover stamp duty which is not levied ..... /2017 computing the aforesaid period of [five years]. or [ten years]., as the case may be. (2) the chief controlling revenue authority or the authorised officer shall, after considering the representation, if any, made by the person on whom notice is served under sub-section (1), determine the amount of duty due from such person (not being in excess of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... applicable interest and the penalty of 25% of the applicable tax, then, the proceedings come to an end. 2658. however, if he contests the show cause notice by submitting a representation against it and thereby constrains the proper officer to embark on an exercise of determination of the tax payable and causes the passing of an order, the person chargeable with ..... and voluntarily pays the tax and the applicable interest.51. if, however, the person chargeable with tax, chooses to contest the proceedings and submits a representation, the proper officer would be required to consider the representation and determine the tax and interest. in such an event, the person chargeable with tax also invites a liability to pay a penalty of 10% of .....
Tag this Judgment!Court : Karnataka Dharwad
..... notification calling upon a constituency to elect a member or members right up to the final resolution of the dispute, if any, concerning the election is regulated by the representation of the people act, 1951, different stages of the process being dealt with by different provisions of the act. concepts familiar to common law and equity must remain strangers to election law .....
Tag this Judgment!Court : Karnataka Dharwad
..... judge & principal jmfc, badami (for brevity referred to as the trial court ), for the offences punishable under section 177 of indian penal code (for short ipc ) and section 125a of representation of people act (for short r.p. act ). crl.p.no.101314/2017 :3. :2. the summary of the charge sheet is that, the present petitioner while contesting and getting elected .....
Tag this Judgment!