Court : Karnataka
Reported in : [1989(59)FLR1]; (1989)IILLJ179Kant
..... if could not be the intention of parliament to keep out of the purview of the legislation small bands of employees who, though not on the managerial side of the establishment, are yet to be denied the ordinary rights of the force of labour for no apparent reason at all. this holding renders all the expressions qualifying the word 'work ..... contention of the employee. both the decisions have been rendered by a three-judge bench and, therefore, in view of the decision of this court in new krishna bhawan v. commercial tax officer, (air) 1961 mys. 3, it is the later decision, which is binding on this court. in fact, the labour court, after referring to the aforesaid decisions ..... and apprise them about the products of the company with a view to create market for the products of the company and to book orders from hospitals, doctors and medical shops. his service were terminated with effect from 24th january, 1982 (annexure b in w.p. nos. 10541 and 10542 of 1987). by the same order, the provisions .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR2343
..... /2001 and other professors/lecturers who get themselves appointed as professors/lecturers/teachers, in educational institutions are governed by the provisions of the act and the rules, which govern the establishment and running of the educational institutions and service conditions governing them in the said educational institutions. it is his further submission that even otherwise, the impugned provision must be considered ..... schemes for promoting primary education. section 14 of the act provides for responsibility of a parent to cause his child to attend school. section 16 of the act provides for establishing special schools for physically or mentally deficient children; section 18 of the act prohibits the employment of children so as to prevent them from attending schools; section 19 of the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR3320
..... this act was to have the overriding effect notwithstanding anything inconsistent under any other law. it was further provided under section 68 that the 'housing board established under the karnataka housing board act, 1962, shall not undertake any housing scheme except in conformity with the layout plan approved by the bda. even ..... .(2) the bangalore development authority (allotment of buildings under self financing housing scheme) rules, 1982.(3) the bangalore development authority (disposal of corner sites and commercial sites) rules, 1984.barring these, there are no other prescriptions. one method of construction will be, if these are taken to be the prescriptions they alone ..... upon. this was the line of interpretation in balakrishna chetty's case? he would commend the acceptance of this principle. in m. royappa gounder v. commercial tax officer, erode : air1968mad274 where again 'subject, to prescription of rules' came up for consideration, in the absence of such prescription it was held .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR1821; 2000(4)KarLJ97
..... support the view i have taken above. in the said decision, the supreme court, while considering the case of two rival applicants for establishment of a fair price shop in a village, has observed that the decision to prefer an uneducated person over an educated person amounts to allowing premium on ignorance, ..... reads as follows:'(1) no candidate shall be eligible for recruitment under these rules unless he possesses a bachelor degree awarded by a university established by law in india or possesses an equivalent qualification'.schedule ii given to the rules provides for the scheme of examination. the scheme of examination ..... rules, 1985, wherein the postgraduate qualification is prescribed as the basic qualification for recruitment to the post of assistant commissioner, assistant controller of state accounts, commercial tax officers, treasury officers etc. the learned counsel for the petitioners would further submit that when a degree qualification, like, degree in dental science, medicine .....
Tag this Judgment!Court : Karnataka
Reported in : 2008CriLJ4425; ILR2008KAR4166; ILR2008(4)Kar4166; 2008(4)KCCRSN251; 2008(5)AIRKarR408; 2008CriLJ4425;
..... them when compared to the weight mentioned on the sample packets on the top, all give rise to doubt the prosecution case insofar as its effort to establish through the testimony, beyond all reasonable doubt, that the sample packets which were tested by the assistant chemical examiners contained heroin and nothing but heroin. in ..... court held that only the actual content by weight of narcotic drug or psychotropic substance it relevant for determining whether it would constitute a small quantity or commercial quantity.81. applying the aforesaid reasoning to the case on hand also, the assistant chemical examiner's evidence does not indicate the actual percentage of purity ..... he has the power to proceed to seize any narcotic drug or psychotropic substance. the expression 'public place' has been explained to include any public conveyance, hotel, shop or other place intended for use by, or accessible to, the public. therefore, it becomes clear from the language used in section 43 of the act that .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR857; 2008(5)KLJ260; 2008(2)KCCR907; 2008(3)AIRKarR66; AIR2008NOC1620; 2008(3)ICC408; 2008AIHC2294(Kar)
..... and after selling the site allotted to him by mahalakshmi housing cooperative society, he has purchased the schedule site. it is further contended that initial burden to establish that he had no knowledge of the earlier agreement was on the third defendant, and he has discharged the burden by leading positive evidence.-however, the plaintiff ..... contended that the third defendant has not met the plaintiffs son at any point of time. it is contended that the third respondent is a retired deputy commissioner of commercial taxes. he was a member of mahalakshmi house building cooperative society, bangalore south taluk, bangalore. when he was in service, a site bearing no. 155 in ..... facts of this case. the decision in ramniwas's case (supra) relied on by the appellant was a case where tenant was in occupation of the suit shop. the question was whether the subsequent purchaser had made an enquiry into the real nature of possession of the tenant. therefore, the said decision has no application .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR2827
..... complied with a technical formality of proof of the deeds. but the burden of establishment of the bonafides of the transactions would require something more. we are afraid' the criticism of sri hiremath that the transactions were not shown to be bonafide and at ..... could speak to and prove a sale is, in the context of the present purpose, subject to the limitation that when bona-fides of the transactions are to be established, it is for the claimant to adduce such evidence as would re-assure the court in that behalf. by examining himself he could at best be said to have ..... 's length, the question that yet remains is whether this plot is a comparable piece of property. the site was obviously a commercial-plot. p.w.3 himself stated in his evidence that he had put up a shop-building on it. in valuing urban property, unlike agricultural lands, even the slightest changes of locations make for wide variation of price .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1991Kant111
..... . of higher class groups consuming 1 lakh and above litres p.m. 481 taps 31,404 tapsnon-domestic tap connections (a) for building construction 1,214 taps (b) for commercial use (hotels, shops, industries, etc.) 1,997 taps 3,311 taps the corporation has also furnished figures of its anticipated income at the enhanced rates as also the expenditure that will be ..... it is necessary to briefly survey the various provisions of the act having relevance to the present cases. the karnataka municipal corporations act has been enacted for the purpose of establishment and regulation of municipal corporations in the state of karnataka, chapter v thereof deals with the powers and functions of the corporation. s. 58 enumerates obligatory functions of the corporation .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2008Kant142; ILR2008(3)Kar3881; 2008(3)KCCR1657; 2008(4)AIRKarR46; 2008AIHC2745.
..... the matrimonial home, but., by the act which was gravely detrimental to the peace of that home and the fact that tine matrimonial home of the spouses was in england establishes sufficient contacts or ties with that state in order to make it reasonable and just for the courts of that state to assume jurisdiction to enforce obligations which were incurred ..... custody is in issue, is brought or for the time being lodged. to allow the assumption of jurisdiction by another state in such circumstances will only result in encouraging forum-shopping. ordinarily, jurisdiction must follow upon functional lines, that is to say, for example, that in matters relating to matrimony and custody, the law of that place must govern which has .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR2580
..... was immaterial. what was material was the true nature of the product and that could be ascertained having regard to the preparation, label, literature, character, common and commercial parlance understanding and the decisions of certain authorities who have knowledge of these goods. learned counsel for the appellant strongly relied upon this decision to contend that in ..... a toiletry item. however the learned counsel appearing for the state submitted that the goods in question are not such preparations which could be obtained from a chemists shop under prescription of a doctor. it is no doubt true that if certain goods have to be sold by a chemist alone under the prescription of a ..... parlance on the basis of the material placed before the court. price wise it was found to be much costlier than other shampoos sold in the general merchandise shops. in those circumstances, the supreme court held that it was classifiable as a drug and not as a toiletry item or cosmetic. the supreme court stated .....
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