Court : Karnataka
Decided on : Sep-08-1993
Reported in : ILR1993KAR2605; 1994(3)KarLJ378
..... , shall vest absolutely in the state government and the state government shall, subject to the provisions of the mines and minerals (regulation and development) act, 1957 (central act no. 67 of 1957), have all the powers necessary for the proper enjoyment or disposal of such rights.'as noted earlier, this amended provision is ..... any lands whatsoever, shall vest absolutely in the government, and the government shall, [subject to the provisions of mines and minerals (regulation and development) act, 1948 (central act liii of 1948)], have all the powers necessary for the proper enjoyment or disposal of such rights:provided that- (1) nothing in this section ..... , and mr. justice dodakalegowda, supra.5. by way of historical fact, it may be noted that when karnataka state was formed under the states' reorganization act, 1956, various areas belonging to the erstwhile mysore state, erstwhile madras state, erstwhile hyderabad state and erstwhile bombay state and coorg were amalgamated and that resulted .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-08-1993
Reported in : ILR1993KAR3072; 1993(4)KarLJ552
..... murugarajendra swamiji and anr., 1978(1) klj 479 a division bench of this court while considering the power of revision under section 70a of the bombay public trusts act 1950 has ruled thus: 'shri s.g. sundara swam, learned counsel for the appellant, did not contend that there is any period of limitation prescribed for ..... formation of mahalakshmi layout and its further extension was pursuant to the development scheme sanctioned by the first respondent under section 18 of the b.d.a. act and upon sanction the lands have been acquired and therefore, allotment of sites by the second respondent pursuant to the formation of the layout in accordance with ..... 9. the question that arises for consideration is whether the first respondent could pass the impugned order invoking the provisions of section 63 of the b.d.a. act. 10. sri. u.l. narayanarao, learned counsel appearing for the petitioners submitted that the so called revision petitions presented by respondents 3 and 4 were totally misconceived .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-02-1993
Reported in : ILR1994KAR74; 1993(4)KarLJ693
..... hold that the suit is liable to be dismissed as being not maintainable in view of section 11 of the karnataka private educational institutions (discipline and control) act, 1975. sri patil, the learned counsel appearing for the appellant however submitted that if plaintiff is required to prefer an appeal at this stage before the ..... : ilr1990kar2259 , stands affirmed by the supreme court and the said view holds the field on the question relating to the applicability of the provisions of the act to minority institutions. in the alternative, sri srinivasan submitted that the civil court has no jurisdiction to decree the suit of the plaintiff for re-instatement. in ..... his plaint that the muslim education society, sirsi, is a minority institution. there is also no dispute that the said society is registered under the societies registration act. further, it is also not in dispute that the school in question is a private educational institution. further, the fact that the plaintiff was working as .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-15-1993
Reported in : ILR1993KAR1714
..... corporation v. s.i. flour mills (p) ltd, : (1986)iillj304sc it may be pointed out that, that case related to employees' state insurance act, 1948 ('esi act' for short). the question that arose for consideration was whether the construction work of additional buildings for expansion of factories taking place outside the premises of the factory ..... by retrospectively applying the scheme could he be asked to pay the employees contribution for the period antecedent to the impugned notification. we think not. the act and the scheme neither permit any such payment nor deduction. he cannot be saddled with the liability to pay the employees contribution for the retrospective period ..... stability from which it can reasonably be concluded that the establishment can in the normal way bear the burden of contribution towards the provident fund under the act would not be covered by this definition. the word 'employment' must, therefore, be construed as employment in the regular course of business of the .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-15-1993
Reported in : 1993(2)KarLJ475; (1994)ILLJ49Kant
..... v. s.i. flour mills (p) ltd. 1986 ii llj 304. it may be pointed out that, that case related to employees' state insurance act, 1948 ('esi act' for short). the question that arose for consideration was whether the construction work of additional buildings for expansion of factories taking place outside the premises of the ..... ....by retrospectively applying the scheme could he be asked to pay the employees contribution for the period antecedent to the impugned notification? we think not. the act and the scheme neither permit any such payment nor deduction. he cannot be saddled with the liability to pay the employees' contribution for the retrospective period, ..... stability from which it can reasonably be concluded that the establishment can in the normal way bear the burden of contribution towards the provident fund under the act would not be covered by this definition. the word 'employment' must, therefore, be construed as employment in the regular course of business of the establishment .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-23-1993
Reported in : ILR1993KAR2054; 1993(3)KarLJ506
..... and that non-compliance of the procedural requirement amounts to technicality which cannot take away the substantial right conferred on the petitioner under the provisions of the act. in other words, the submission is that even though the prescribed fee is not deposited along with the complaint, there is neither provision for rejecting the ..... section 27 for a period not exceeding six months, where the infringement is of a technical nature;(7) maintaining registers, documents and forms as required by the act and these regulations;(8) being in charge of all the property of the institute;(9) making necessary arrangements for receiving moneys due to the council and also ..... general supervision of the president and/or the relevant standing committee, the secretary shall exercise and perform, in addition to the powers and duties specified by the act and/or these regulations in this behalf, the following powers and duties, viz.,(1) being in charge of the office of the institute as its executive head .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-18-1993
Reported in : ILR1993KAR1606; 1996(5)KarLJ181
..... mind the other principle that considerations of form cannot over-ride the legitimate considerations of substance.'and the supreme court has given a guideline as to how the court should act in a case where the relief sought is not based on pleadings made by the parties, as follows:'what the court has to consider in dealing with such an ..... and the respondent and the respondent is in fact the appellant's sister's son and that the respondent was brought up by the appellant and in fact he has acted as a defacto guardian. from the pleadings and the evidence on record, it may be possible to infer that there is close relationship between the appellant and the respondent ..... property and from collecting rents of the suit schedule premises and costs, on the averment that the appellant is a close relative of the respondent and he was also acting as the power of attorney holder of sri b. bhaskara naidu who was the original owner of the schedule property and the respondent is a permanent resident of kgf .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-04-1993
Reported in : AIR1994Kant12; II(1993)DMC274; ILR1993KAR2212; 1993(2)KarLJ599
..... court. the relevant paras of the judgment are extracted hereunder:'section 13-b is introduced into the statute book by means of the marriage laws (amendment) act, 1976. it permits, for the first time, dissolution of a hindu marriage by mutual consent of parties, provided the parties have been living separately after ..... be fruitful. in thecircumstances the only alternative is to consider whether it is permissible to grant divorce by mutual consent.11. before the hindu marriage (amendment) act, 1976, the relationship between wife and husband concerned was one of a sacrament. but, by 1976 amendment the rigidity in continuing the relationship is liberalised. the ..... viz., decree of divorce.5. in support of their rival contentions, counsel appearing for both sides addressed their arguments. as required under the hindu marriage act efforts were made by the courtto bring about re-conciliation. both parties are educated and capable of understanding the effect of dissolution upon their children. the .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-29-1993
Reported in : 1994(1)ALT(Cri)303; 1993CriLJ2554; ILR1993KAR1331; 1993(2)KarLJ54
..... there is little to shock the conscience if he is punished for his transgression. the community, not unnaturally, resents that any of its members should do an act which it has forbidden in public interest and criminal justice, which is but that resentment of the community universalised, is not basically founded on unreason. in its ..... according to this witness, the appellant has developed psychopathic condition with certain fixed ideas known as obsession and he was not in a position to understand the acts committed by him and its natural consequences. according to this witness, after the appellant joined his parents and an atmosphere was created conducive to normalcy, he ..... regn. no. aay 3440. after subjecting the revolver for ballistic expert and after obtaining order from the deputy commissioner to prosecute the appellant under the indian arms act, he submitted a charge sheet on 9-11-1981. 10. the records of the trial court disclose that, initially, charges were framed on 23-11-1982. .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-15-1993
Reported in : ILR1993KAR1580
Murgod, J.1. At the stage of Admission the learned Counsel for the appellant and the learned Counsel appearing for the caveators are heard at length.2. This Appeal is filed against the decree of dismissal of the suit O.S.No. 294/1983 on the file of the VIII Additional City Civil Judge. Bangalore. The suit was filed for permanent injunction only. The impugned order dismissing the suit discloses that a preliminary issue regarding maintainability of the suit was framed on the basis of the grounds urged by defendant No. 14 in his written statement. The said issue reads as under:'Whether the suit as brought is not maintainable for any of the grounds urged by defendant No. 14 in his written statement?'The two grounds on which the suit came to be dismissed are that no leave was obtained to institute the suit under Section 92 C.P.C. and the leave to institute the suit under Section 92 C.P.C. refused to Putta Rudra and others in Misc. No. 42/1985 on 27.6.1990 was binding on the present appellan...
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