Court : Karnataka
Reported in : 2001(3)KarLJ229
..... the case of union of india, supra, their lordships have laid down as follows:'the relevant date for determining compensation of a property acquired under the land acquisition act, 1894 is the date on which the notification under section 4(1) is published. the capitalised value of a property is the amount of money whose annual interest ..... judgment and award of the ii additional district judge, gulbarga, the claimants have come up before thiscourt by way of these second appeals under section 54 of the landacquisition act.10. i have heard sri s.p. shankar, learned counsel for the appellants and sri m. ramaiah, learned government advocate for the respondent.11. it has been ..... 70/a40-08 70/65-26 70/4a4-00wet4. the facts of the case in nutshell are.--that vide notification under section 4(1) of the land acquisition act, dated 10-11-1983, the lands belonging to the claimants-appellants had been acquired by the government for minor irrigation project, gulbarga division and the special land acquisition .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2001Kant359
..... for the petitioners sri kulkarni very strenuously contended that this enhancement of the fee is illegal and not in consonance with the provisions of the karnataka municipal corporation act. sri kulkarni submitted that the procedure prescribed under the provisions of sections 103 and 104 contained in chapter x would apply with equal force in the matter ..... their lordships further observed as under :-- '(19) the last argument in this connection which we have to notice was based on sections 126 and 127 of the act section 126 deals with the preparation by the chief executive officer of the corporation called commissioner, of the annual budget. the budget has to include an estimate of ..... include taxes, fees, licence fees and rents. under section 127(3) the corporation has to pass this budget and to determine, subject to part iv of the act, the levy of consolidated rates and taxes at such rates as are necessary to provide for the purposes mentioned in subsection (4). sub-section (4) requires the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2001KAR1809; 2001(2)KarLJ534
..... and it is held, that the order passed by the tribunal is illegal, null and void as the tribunal concerned is the creation of and under an act i.e., act no. 51 of 1993 which is and has been held to be ultra vires of the constitution. therefore, that order impugned is null, void and it ..... any existing laws with respect to the matter enumerated in the union list, but that power is the power to establish additional courts and not tribunals and the act i.e., act no. 51 of 1993 clearly declares the legislative intent and does create tribunals, not court, neither article 247 nor residuary article can be applied to save ..... than 10 lac is deprived of the same before thetribunal. provisions are therefore arbitrary and discriminatory. this challenge on behalf of the debtors-petitioners is totally unsustainable. the act 1993 has been introduced as seen from the statement to provide speedy remedy for recovery of debts, since there has been considerable difficulties experienced therefor. the legislature, .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2001Kant252; ILR2001KAR2785
..... justice like hearing the petitioners or considering their objections before issuing the notification.25. insofar as the next contention raised by the petitioner that the act of the state government in issuing the notification is for collateral purposes exercised with intention of favouring the 3rd respondent and the decisions referred to by ..... of the above discussion, point that arises for consideration is 'whether the power of the state government in issuing notification under section 145 of the act is administrative or legislative in character and whether the petitioners were required to be heard personally before issuing the notification of bifurcation.17. it therefore ..... but although a few statutes have specifically provided for a general process of publishing draft delegated legislation and considering objections (see, for example, the factories act, 1961 schedule 4), i do not know any implied right to be consulted or make objections, or any principle upon which the courts may enjoin .....
Tag this Judgment!Court : Karnataka
Reported in : 2002(1)KarLJ588
..... are registered under the contract labour (regulation and abolition) act (for short 'act'), before the state labour commissioner with registration no. aic:b-ii/cl/2/75-76, dated 4-2-1976 and no. cla/rc/mys/ ..... 25-2-1999. petitioners took some time to consider the legal implication. in themeanwhile respondent 2 launched criminal proceedings for violating the provisions of the act. petitioners are questioning the initiation of these proceedings and also the notification in the light of above referred facts. 4. heard sri kasturi, learned senior ..... registered corporate office at s.r. nagar, bangalore. petitioner has three factories and the petitioner 2-employer notified under the contract labour (regulation and abolition) act, 1970 to the respondent 2. petitioners 3 and 4 are designated employers to the factories at bangalore and mysore, respectively. the factories of the petitioners .....
Tag this Judgment!Court : Karnataka
Reported in : 2002CriLJ1334; ILR2002KAR997; 2002(2)KarLJ90
..... court has also laid down that this extraordinary or inherent jurisdiction under section 482 of the criminal procedure code does not confer an arbitrary jurisdiction on the court to act according to its whims or caprice. considering all the earlier pronouncements, in the case of bhajan lal, cited supra, the apex court by way of illustration ..... which are to be investigated by the delhi special police establishment. it is submitted that neither under section 5 nor under section 6 of the dspe act there is any mandatory requirement of issuing gazette notification authorising or giving consent to the delhi special police establishment to extend its area of operation by the ..... standing counsel for the central government and the respondent-cbi, contended that so far as the question of consent and issuing of gazette notification under the dspe act is concerned, there is absolutely no requirement under the law to obtain a consent of the state government. taking me through the provisions of sections 3 .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2002Kant179; ILR2002KAR2455; 2002(2)KarLJ600
..... and accordingly dismissed the suit. being aggrieved by the said dismissal of the suit, the plaintiff has preferred this appeal under section 299 of the indian succession act.8. i have heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent.9. the learned counsel appearing for the appellant ..... proving the will does not ordinarily differ from proving any other document except as to the special requirement of attestation prescribed by section 63 of the indian succession act. proof in either case cannot be mathematically precise and certain and hence the test should be one of satisfaction of a prudent mind in such matters and ..... that of proving any other document except as to the special requirement of attestation prescribed in the case of a will by section 63 of the indian succession act. the onus of proving the will is on the propounder and in the absence of suspicious circumstances surrounding the execution of the will, proof of testamentary .....
Tag this Judgment!Court : Karnataka
Reported in : 2002CriLJ2154; ILR2002KAR2213; 2002(4)KarLJ334
..... of the directions issued by us by any rank of police in the country or member of the jail establishment shall be summarily punishable under the contempt of courts act apart from other penal consequences under law. the writ petition is allowed in the above terms. no costs'. 12. the karnataka police manual although are only explaining ..... a 'dharna' for public cause and voluntarily submitted themselves for arrest and who had no tendency to escape had been subjected to humiliation by being handcuffed which act of the escort party is against all norms of decency and which is in utter violation of the principle underlying article 21 of the constitution of india. so ..... staged a 'dharna' for public cause and voluntarily submitted themselves for arrest and who had no tendency to escape had been subjected to humiliation by being handcuffed which act of the escort party is against all norms of decency and which is in utter violation of the principle underlying article 21 of the constitution of india. so .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR3205; 2002(4)KarLJ132
..... or otherwise of the allegations made in the fir or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice'.further, in the case reported in 2001 air sow 482, it is observed that 'materials on record discloses a prima fade case ..... after taking cognizance.9. in the decision of g. sagar suri, supra, it is clearly laid down that when proceedings under section 138 of the negotiable instruments act are issued, subsequent filing of complaint for the offence under sections 406 and 420 of the ipc is not sustainable. the above decision is not applicable to the ..... company activities or not. that the charge-sheet material showing that they are only the directors. further contended that on examining the materials placed on record, no overt act has been attributed and in the absence of a prima facie case, the filing of the charge-sheet against these two petitioners is not sustainable, therefore, prayed to .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR3689; 2002(4)KarLJ446
..... down in the case of m/s. aphali pharmaceuticals limited, supra, wherein the hon'ble supreme court has laid down that in case of conflict between the body of the act and schedule, the former should prevail has no bearing to the facts of the present case. in the instant case, as noticed by me, the schedule to the regulation ..... 'very good'.' though each of the 11 (eleven) ports are a unit by itself, and an independent body, but all the ports are governed by the provisions of the act and regulations framed thereunder. what should be the qualification and what should be the method of recruitment is always left to the rule making authority to prescribe and it is ..... the regulations framed by the port trust in exercise of the powers conferred on it under section 28 read with section 124 of the major port trusts act, 1963 (hereinafter referred to as 'the act'). the central government in exercise of the powers conferred on it under sub-section (i) of section 124 read with sub-section (i) of section .....
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