Court : Karnataka
Reported in : 2003(3)KarLJ329
..... doubt, any legislator or state employee can go abroad. however, if he accepts foreign hospitality, prior permission from the central government is necessary as per the provisions of the relevant act. this public interest litigation is filed on the ground that at the fag-end of the term of the present assembly, the chief minister has given clearance to 290 legislators .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR2605
..... & anr., : (1993)iillj629sc wherein it was held that resignation means the spontaneous relinquishment of ones own right in relation to an office. resignation connotes the act of giving up or relinquishing the office. it may be bilateral or unilateral depending upon whether the rule requires acceptance or not. the essence of resignation is that ..... of her previous efficiency and output.19. in buckingham and carnatic company v. venktaiah, air 1964 sc 1271 dealing with section 73 of the employees' state insurance act, 1948, the supreme court held that the words of the section, 'no employer shall dismiss, discharge, or reduce or otherwise punish an employee during the period ..... . shah v. presiding officer, labour court, : (1978)illj29sc the supreme court applied the beneficient rule of construction in construing section 5 of the maternity benefit act, 1961, which makes the employer liable for the payment of maternity benefit to a woman worker at the rate of the average daily wage for 'the period of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR2385
..... passed the order without notifying the petitioner herein and lastly, it was submitted that when the matter is seized by the civil court, ncte could not have acted upon the award of the arbitrator.13. in reply to the said contention. sri yoganarasimha, appearing for 6th respondent submitted that the writ petitioners herein had ..... court and the supreme court and they will abide by the decision of the arbitrator as stated above, subject to the provisions of the arbitration and conciliation act. sri yoganarasimha also submitted that the 1st appellant has no objection to give provisional recognition to the institution run by sri siraj ahmed shareef till the academic ..... from the records, are as under:a society called as afza education society was registered before the registrar of societies in karnataka under the karnataka societies registration act in regn. no. 34/84-85 dated 23rd july 1984 at kolar. this society established a teachers training institute under the name of 'afza teachers training .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR3120; 2003(6)KarLJ41
..... in restricting the interest only from the date of application and not from the date of taking possession to which petitioners will be entitled, under section 34 of the act.'and this decision has been followed later in w.p.nos. 38152-54/ 2000 and connected cases decided on 10.6.2002 and the case in neelavva b. ..... pradeep kumari : [1995]2scr703 . the supreme court held that in regard to re-determination of the amount of compensation under section 28-a, section 34 of the land acquisition act, 1984, would be applicable and therefore, it is permissible to the land acquisition officer to award interest under section 34 on the additional amount of compensation awarded by him. ..... of india vs pradeep kumari, : [1995]2scr703 on this question, has held that:'it is permissible for a collector under section 28-a(2) of the land acquisition act to award interest as per section 34 on the additional amount of compensation awarded by him.'6. this court, in a series of writ petitions in the case of sarojini .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR4977; [2004]267ITR742(KAR); [2004]267ITR742(Karn)
..... correctness of the second contention of sri sesachala, it is useful to refer to clauses (k) and (i) of sub-section (1) of section 6 of the regulation act, which reads as hereunder:'6. forms of business in which banking companies may engage:(a) to (j) xxxxxxxxxx(k) the acquisition, construction, maintenance and alteration of any building ..... that if a cooperative society carrying on banking business receives income from the house property, such an income is liable to be taxed under section 22 of the act. it is his submission that when the parliament had made a distinction between the income received from banking business and the income received from non-banking business by ..... the assessee on account of the banking activites carried on by the assessee and as such the same is deductible under section 80p(2){a)(i) of the act while computing the income of the assessee. elaborating this submission, the learned counsel pointed out that the tribunal as well as the appellate commissioner have failed to .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR1492; 2004(2)KarLJ553
..... it has to be held that the lower appellate court has committed an error in not following the legal principles and further committed an error in holding that the act of a secretary binds the trustees and beneficiary. therefore, the judgment and decree of the lower appellate court are required to be set aside by holding that the ..... court to consider the point urged by the learned counsel for the appellant as the same will not arise for consideration of this court. by holding that the act of palegar and alasingachar receiving the sale consideration from the plaintiff does not bind either the 1st defendant or the 2nd defendant, this court has to see whether ..... of civil judge, mysore against the purchasers of the adjacent property as well as the 1st defendant-trust. therefore, it was contended due to his fraudulent and dishonest act, plaintiff is not entitled to claim the equitable relief. it is also contended that the plaintiff has not claimed for refund of the money and that the relief sought .....
Tag this Judgment!Court : Karnataka
Reported in : 2004CriLJ3003; 2004(5)KarLJ415
..... suppression of material evidence and hence it is contended that the alleged recoveries or discovery of fact at the instance of the accused under section 27 of the indian evidence act is unacceptable.19. commenting upon the probabilities based on the prosecution evidence, it is contended that as is apparent from the evidence both the accused and the deceased were strong ..... based upon such other material irrespective of the fact as to whether motive is established or not'.29. it is to be noted that motive for a crime is an act of mind and cannot be fathomed like any other physical evidence. basically the motive would be known only to the deceased and more specifically to the accused. the deceased is .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2005Kant264; 2005(2)ARBLR528(Kar); ILR2005KAR1777; 2005(3)KarLJ502
..... , the applicant is entitled to deduct the time taken in getting the certified copy or other required documents from the court.27. under section 43 of the act, the limitation act 1963 is made applicable to arbitrations as it applies to proceedings in court. the kerala high court in anas abdul khadeer v. abdul nasar, 2001(2) ..... agreement would be valid. if such a contract is clear, unambiguous and explicit and not vague, it is not hit by sections 23 and 28 of the contract act. this cannot be understood as parties contracting against the statute. mercantile law and practice permit such agreements'. thus there cannot be any doubt that when the parties agree ..... to the facts and circumstances of this case.5. the learned counsel appearing for the appellant cited several judgments mainly to contend that section 14 of the limitation act. is applicable to the facts and circumstances of the case and under the said provision the period during which the proceeding was pending before the wrong court could .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR3052; 2005(5)KarLJ414; (2006)ILLJ344Kant
..... control of the respective contractors. as principal employer, bhel-edn is ensuring compliance of various statutes such as contract labour (r & a) act, factories, act, esi act, payment of wages act. the petitioners are workmen employed by those contractors and no relationship of employer and workmen exist between bhel-edn and the petitioners. it is ..... para 6 that the contract labour system which is nothing but an improved version of bonded labour, is sought to be abolished by the act. the act is an important place of social legislation for the welfare of labourers and it has to be liberally construed. the same is noticed in subsequent ..... there were correspondence between the parties in the matter. complaints were filed before the third respondent for appropriate action against those managements for contravention of the act. in the meanwhile, the management through their association called karnataka employer's association submitted a representation to respondent no. 3 to initiate measures to .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR4137
..... decree was sought to be set aside was on the ground that it was collusive and fraudulent as the same was obtained for overcoming the provisions of the act and the said contention has not been substantiated and wherefore in the absence of proof of fraud and collusion, the compromise decree could not be challenged by the ..... appellate court has rightly decreed the suit of the plaintiff. the learned counsel submitted that the compromise decree had been entered into only to avoid rigors of the act and to save the property. the learned counsel submitted that the said decree was obtained by fraud and collusion as there was no partition between defendants 1 and ..... arrived at was liable to be set aside without going into the question that plaintiff had locus standi to question the compromise?2) whether the urban land ceiling act is applicable to this case?'9. i have heard the learned counsel appearing for the parties on the above said substantial questions of law. the earned senior counsel .....
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