Court : Karnataka
Reported in : AIR1951Kant72; AIR1951Mys72
..... 356:'when we consider the nature & the theory of our institutions of govt. the principles upon which they are supposed to rest, & review the history of their development we ate constrained to conclude that they do not mean te leave room for the play & action of purely personal & arbitrary power. the first official action of ..... the principle of law enunciated before the constitution is, however, unaffected by the new constitution. the theory put forward by the petnrs. that the law enunciated by the judicial committee in emperor v. benoari lall should be treated as non-existing & the judgment of the f. c in emperor v. benoari lal, a. i. r. (80 ..... itself, legislation of the kind in question is conditional legislation & not delegated legislation. the point was for consideration in gopalan's case, : 1950crilj1383 , & his lord-ship the chief justice of the s. c. in dealing with preventive detention act observed:'it was first argued that by section 3, the parliament had delegated its legislative .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR3831; [1987]64STC208(Kar)
..... included in its schedule, the i.d.r. act in its chapter iii-b and the cement control order promulgated thereunder make elaborate provisions for control and development, including the fixation of price. if the raw material, industrial machinery and other industrial-inputs of controlled industries are taxed indiscriminately by the states that would ..... to miscellaneous matters such as maintenance of accounts and issue of bills or cash-memoranda by dealers; power of enter, inspect, seize; the obligation of transporting and shipping, assessees to submit the prescribed returns. sections 21 to 24 deal with offences, penalties, etc. sections 25, 26 and 27 deal with bar of jurisdiction of ..... its effectuation through legislative measures, is a recognised phenomenon. in the modern pluralist intensive welfare state, a taxing law is not merely a measure for raising funds to meet the expenses of government; but it has a fiscal mission and is a tool of economic regulation. state's role is not merely that of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR2579
..... adequate means of livelihood. article 41, which is another directive principle, provides, inter alia that the state shall, within the limits of its economic capacity and development, make effective provision for securing the right to work in cases of unemployment and of undeserved want. article 47 provides that the directive principles, though not enforceable ..... except the state of madhya pradesh. under these circumstances, the only course open to us is to issue appropriate direction to the state governments to constitute committees under section 5 of the act, to make necessary enquiries, and to submit a report as to whether it would be possible to abolish contract labour ..... for rendering services to the corporation. there is also an order of the p.f. commissioner holding the corporation liable for the contributions under the employees' provident fund and miscellaneous provisions act, 1952. this order is produced as annexure-c in the writ petition. by that order of the p. f. commissioner, it .....
Tag this Judgment!Court : Karnataka
Reported in : (1987)ILLJ407Kant
..... adequate means of livelihood. article 41, which is another directive principle, provides, inter alia, that the state shall within the limits of its economic capacity and development, make effective provision for securing the right to work in cases of unemployment and of undeserved want. article 37 provides that the directive principles, though not ..... except the state of madhya pradesh. under these circumstances, the only course open to us is to issue appropriate direction to the state governments to constitute committees under section 5 of the act, to make necessary enquiries, and to submit a report as to whether it would be possible to abolish contract labour ..... rendering services to the corporation. there is also an order of the p.f. commissioner holding the corporation liable for the contributions under the employees' provident fund and miscellaneous provisions act, 1952. this order is produced as annexure-c in the writ petition. by that order of the p.f. commissioner it becomes .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR1005
..... the mandal panchayats and zilla parishads.(c) periodical supervision and evaluation of project and programmes entrusted to the mandal panchayats and zilla parishads.xiii. fisheries. - development of fisheries in irrigation works vested in the zilla parishad.xiv. rural electrification. - rural electrification.xv. distribution of essential commodities. - distribution of essential ..... voiced that an elected representative should not be allowed to change his party's loyalty without seeking popular approval in a bye-election. a committee against defections was set up with jp as one of its members. the election commission came out with the suggestion that the cure for ..... funds necessary for implementation of such schemes'12. from the very nature of these functions, it cannot be said that their election to the mandal panchayat or to the zilla parishad as the case may be confers on them power to make any laws for the decentralisation of powers or for the purpose of promoting the development .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1989Kant125; ILR1988KAR1518
..... the trustee's reputation for honesty attracted more savers to him. in the earlier stages when the idea of modern banking had not reached the people, chit fund institution developed quickly and spontaneously. it was an expression of co-operative efforts of mustering savings through installments and advancing the pooled savings as loan to the members with ..... be able to exercise proper control and supervision over the business carried on by the foreman. clause 40: clause (b) of this clause was amended by the committee since the committee was of the view that termination of a particular chit, as contemplated in part (b) of this clause, should be with the consent of all the non ..... schemes (banning) act, 1978. this argument is an argument of despair since we are not dealing with a case of prize-chit fund, but a case of conventional chit fund. though, the expert committees did not and could not consider the scope of arts. 14 and 19 of the constitution in their reports, the court could take .....
Tag this Judgment!Court : Karnataka
Reported in : [1990]67CompCas203(Kar)
..... 's reputation for honesty attracted more savers to him. in the earlier stages, when the idea of modern banking had not reached the people, chit fund institution developed quickly and spontaneously. it was an expression of co-operative efforts of mustering savings through instalments and advancing the pooled savings as loan to the members ..... to exercise proper control and supervision over the business carried on by the foreman. clause 40 : clause (b) of this clause was amended by the committee since the committee was of the view that termination of a particular chit, as contemplated in part (b) of this clause, should be with the consent of all the ..... circumstances. ii. to make recommendations on any other related topic which the study group may consider germane to the subject matter of the enquiry.' 22. the committee discussed the terms of reference with various individuals of eminence and learning and also the representatives of companies, associations all over india in bangalore. 23. in .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR3182; 1988(3)KarLJ415
..... for ail and everyone, not only a fortunate few but the teeming millions of india, would be able to participate in the fruits of freedom and development and exercise the fundamental rights. it, therefore, appears to be well established that while interpreting or examining the constitutional validity of legislative/administrative action, ..... one professor s.r. rohidekar as the third member. the terms of reference of the committee are as follows :'1. whether or not the facilities available with the applicant institutions for starting new colleges are adequate in terms of buildings, equipment, ..... requirement of the state at present and also for the immediate future. however, to examine the issue in its entirety the government constituted the technical committee on 11-9-1986 consisting of the commissioner of public instructions as the chairman, additional secretary to the government, education department as a member and .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR2784
..... randhir singh to officiate as secretary general in place of anand whose co-option as secretary general during the shukla regime was invalidated.9. based on these developments before various courts in the country, an argument is sought to be built by counsel for defendants m/s. adityan and randhir singh that all the suits ..... appeals, rule 22 to imposition of sanctions on sportsmen for un sportsman-like behaviour and act of violence. rule 23 refers to the residual powers of the executive committee regarding the rules of discipline. rule 24 refers to making of officiating arrangements by the president of indian olympic association. rule 25 refers to disaffiliation, de-recognition ..... that letter he also solicited the support of each member pointing out inter alia the creditable work done by him, particularly with reference to the augmenting of the funds of i.o.a. incidentally he complained of undue interference with the affairs of the i.o.a. by the department of youth affairs, government of india .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1990Kant56; ILR1989KAR1430
..... when in fact he was not. wrong advice or assurances given by officials of planning authorities might make them liable similarly, so as to compensate the misguided developer and avoid the legitimation of wrongful assumption of authority. this head of liability, is further discussed below in the wider context of negligent governmental acts and decisions. ..... the existing houses; a further site plan showing this variation was sent to the planning authority. the authority's planning officer who was dealing with the development had lost the file containing the original plan approved by the planning authority and because of this made a mistake and told the architect, in a conversation ..... at the way things had been done. on 18th may 1970, the committee refused permission. it went further and resolved that an enforcement notice should be issued so as to prevent mr. rottenberg and the developers going further with the house. this put the developers in a quandary. the house was up. the roof was on. but .....
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