Court : Karnataka Kalaburagi
..... be read along with the equally important principle that every government authority or instrumentality of the state (e.g. a public sector undertaking like the respondent) must act in a non-arbitrary manner. we cannot consider only the first principle and ignore the second one. in fact the second principle i.e. the principle that arbitrariness ..... cases that transfer is an exigency of service, but at the same time it must also be understood that no government authority or instrumentality of the state can act arbitrarily, as arbitrariness violates article 14 of the constitution vide maneka gandhi v. union of india, air1978 sc597. thus the principle that transfer is an exigency of ..... be there in the present case. 15. we are of the clear opinion that the guidelines do not have any statutory force and binding effect and cannot act as a straight jacket, never to be deviated by the concerned controlling authority of the respondent corporation. the relevant extract from the judgment of the hon'ble .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... be read along with the equally important principle that every government authority or instrumentality of the state (e.g. a public sector undertaking like the respondent) must act in a non-arbitrary manner. we cannot consider only the first principle and ignore the second one. in fact the second principle i.e. the principle that arbitrariness ..... cases that transfer is an exigency of service, but at the same time it must also be understood that no government authority or instrumentality of the state can act arbitrarily, as arbitrariness violates article 14 of the constitution vide maneka gandhi v. union of india, air1978sc597 thus the principle that transfer is an exigency of service ..... of india and others 14/22 15. we are of the clear opinion that the guidelines do not have any statutory force and binding effect and cannot act as a straight jacket, never to be deviated by the concerned controlling authority of the respondent corporation. the relevant extract from the judgment of the hon ble .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... dated 22.3.1994notification in exercise of the powers conferred by sub-sec.(1) of s.16 read with sub-sec.(3) of s.3 of the kmfvt act 1957 (karnataka act 35 of 1957) and in supersession of notification no.hd 38 tmt 57, dated 15th may, 1958, hd 38 tst 57 dated 25th november, 1959, hd ..... learned addl. government advocate appearing for the respondent state and the transport department submitted that the permits obtained by the petitioner were under s.88(9) of the act and the authorisations issued to the petitioner corporation by the state transport authority of the state of andhra pradesh, hyderabad, an illustrative form 47 of which is produced ..... and the impugned assessment orders passed by the assistant commissioner and refusing to grant the exemption from payment of tax under the provisions of the karnataka motor vehicles taxation act, 1957 despite exemption notification dated 22.3.1994. 2. the petitioner aptdc claimed such exemption from payment of tax available to it on the basis of the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... shivappa acquired when their father died in the year 1942 and succession opened, the provisions of the hs act, may not be relevant. in that, the cardinal doctrine of mithakshara law that property inherited by a hindu from his father, father s father, or father ..... property for the time being. in other words, the three generations next to the holder in unbroken male descent. (section 6 of the hindu succession (amendment) act, 2005, has brought a radical change by the inclusion of daughters in the mithakshara coparcenary.) but for the purposes of considering the nature of right which mahalingappa and ..... trial court was that - a declaration was submitted by the kartha of the family, mahalingappa - before the land tribunal, under the provisions of the karnataka land reforms act, 1961, as per exhibit-d57. the said document according to the trial court, resulted in severance of status of the joint family in view of the numerical .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... scc602 (hitendra vishnu thakur), the hon ble supreme court in the context of substantive and procedural law has laid down the ambit and scope of an amending act and its retrospective operation in the following terms: (i) a statute which affects substantive rights is presumed to be prospective in -45- operation unless made retrospective ..... prior to 20th december, 2004 unaffected can also not lead to the inference that the daughter could be a coparcener prior to the commencement of the act. the proviso only means that the transactions not covered thereby will not affect the extent of coparcenary property which may be available when the main provision ..... that class who claimed through such female relative, the interest of the deceased in the mitakshara coparcenary property would devolve by testamentary or intestate succession under the act and not by survivorship. thus, the rule of survivorship would come into play (i) when the deceased left behind him surviving a female relative specified .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... dated 22.3.1994notification in exercise of the powers conferred by sub-sec.(1) ofs.16 read with sub-sec.(3) of s.3 of the kmfvt act 1957 (karnataka act 35 of 1957) and in supersession of notification no.hd 38 tmt 57, dated 15th may, 1958, hd 38 tst 57 dated 25th november, 1959, hd ..... elaborate his submission on the merits of the case by contending that notification dated 22.03.1994 exempts on reciprocal basis the tax payable under the kmvt act in respect of motor vehicles belonging to indian tourism development corporation or the state transport corporation or the state road transport corporation or tourist development corporation of ..... petitioner is a state transport development corporation formed by the andhra pradesh state and has obtained all india permits under section 88(9) of the motor vehicles act, 1988 (for short mv act , 1988) and operates its tourists vehicles from hyderabad to places like mumbai, pune, shirdi etc. first respondent issued check reports to the petitioner and a .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... gulbarga is set aside. the application filed for condonation of delay before lower appellate court is allowed exercising the powers under section 54 of the land acquisition act and the appellants are entitled the compensation of rs.1,15,600/- per acre dry land with all statutory benefits. 18. however the appellants are not ..... others decided on 21.07.2014, reported in (2014) 14 scc 127, considering the provisions section 23, 23(1-a) and 28 of the land acquisition act, held that identically situated landowners entitled to same compensation landowners whose lands were acquired under same notification awarded compensation @ rs.200 per square yard which was upheld ..... statutory benefits on 05-05-2000. not satisfied with the award, the present appellant / claimant filed reference petition under section 18(1) of the land acquisition act, before the principal civil judge, senior division, gulbarga. who after hearing both the parties by judgment and award dated 09.09.2004 has enhanced compensation of rs .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... gulbarga is set aside. the application filed for condonation of delay before lower appellate court is allowed exercising the powers under section 54 of the land acquisition act and the appellants are entitled the compensation of rs.1,15,600/- per acre dry land with all statutory benefits.18. however the appellants are not ..... and others decided on 21.07.2014, reported in (2014) 14 scc127 considering the provisions section 23, 23(1-a) & 28 of the land acquisition act, held that identically situated landowners entitled to same compensation landowners whose lands were acquired under same notification awarded compensation @ rs.200 per square yard which was upheld ..... statutory benefits on 05-05-2000. not satisfied with the award, the present appellant / claimant filed reference petition under section 18(1) of the land acquisition act, before the principal civil judge, senior division, gulbarga. who after hearing both the parties by judgment and award dated 09.09.2004 has enhanced compensation of rs .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... have registered a case in crime no.93/2013 for the offences punishable under sections 279 and 304-a of indian penal code r/w section 187 of motor vehicles act. 5. it is the further case of the claimants that the deceased was being the only earning member in the family. in view of his sudden death, the claimants are .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... either to invoke the provisions of section 125 of code of criminal procedure or to invoke the provisions of the maintenance and welfare of parents and senior citizens act, 2007 against their sons for the appropriate relief. 32. in view of the above, the revision petition is dismissed with costs of rs.20,000/- (rupees ..... , the procedure is both time consuming as well as expensive. therefore the legislature thought it fit to enact the maintenance and welfare of parents and senior citizens act, 2007 to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the constitution. in view of the ..... hon ble supreme court in the case of nanak chand v. chandra kishore reported in air 1970 sc 446 held that there is no inconsistency between the maintenance act and section 488, criminal procedure code. while dealing with this aspect of the matter under the old code of criminal procedure, the supreme court observed as under: the .....
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