Court : Karnataka Dharwad
..... .,9 while considering as to whether the provisions of act of 1996 would prevail over the provisions of the sick industrial companies (special provisions) act, 1985, noticing the provisions of act of 1996, has held as follows: 40 ..... the learned counsel for the petitioner that having regard to section 36 of the act of 1996 the award passed under the provisions of the act of 1996 is to be treated as a decree and section 47 of the cpc could be invoked, it is relevant to note that having regard to section 36(1) of the act of 1996, the award passed under the provisions of the said act is required to be construed as a decree only for the purpose of enforcement of the same and it is not open to the 23 petitioner to invoke section 47 of the cpc before the executing court.31 ..... . before considering the said question, it is relevant to note a few aspects with regard to the factual matrix of the present case: i) a notice dated 9.10.2014 was issued by the member secretary, council under section 18 read with section 17 of the msmed act notifying the petitioner that the respondent has filed petition no.69/2014 for recovery of a sum of `34,48,445/- and requiring the petitioner to reply to the said notice within 15 days; ii) the petitioner sent a reply dated 29.10. ..... . thus, the award not being covered under the definition of a decree, objection with respect to its validity can only be raised as provided under section 34 of the act and not by taking resort to section 47 c. p. c.20. .....
Tag this Judgment!Court : Karnataka Dharwad
..... (2) the provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984), [the sick industrial companies (special provisions) act, 1985 (1 of 1986) and the small industries development bank of india act, 1989 (39 of 1989)].. ..... or otherwise fails to comply with the terms of its agreement with the financial corporation or where the financial corporation requires an industrial concern to make immediate repayment of any loan or advance under section 30 and the industrial concern fails to make such repayment, [then, without prejudice to the provisions of section 29 of this 7 act and of section 69 of the transfer of property act, 1882 (4 of 1882)]. ..... is for the reliefs mentioned in clauses (a) and (c) of sub-section (1) of section 31, the district judge shall pass an ad interim order attaching the security, or so much of the property of the industrial concern as would on being sold realise in his estimate an amount equivalent in value to the outstanding 8 liability of the industrial concern to the financial corporation, together with the costs of the proceedings taken under section 31, with or without an ad interim injunction restraining the industrial concern from transferring or removing its machinery, plant .....
Tag this Judgment!Court : Karnataka Dharwad
..... employer shall be given a reasonable opportunity of being heard: provided further that the central board may reduce or waive the damages levied under this section in relation to an establishment which is a sick industrial company and in respect of which a scheme for rehabilitation has been sanctioned by the board for industrial and financial reconstruction established under section 4 of the sick industrial companies (special provisions) act, 1985, (1 of 1986), subject to such terms and condition as may be specified in the scheme. ..... declared the petitioner mill as a relief undertaking vide annexure a order dated 07th april 1994 under the provisions of karnataka relief undertakings (special provisions) act, 1977 (karnataka act 24 of 1977). ..... by the order passed by the empoyees provident fund tribunal, new delhi, rejecting their appeal in ata no.631(6)2001 upholding the levy of damages under section 14b of the employees provident funds and miscellaneous provisions act, 1952 (for short the act ). ..... of any contribution to the fund, the pension fund or the insurance fund or in the transfer of accumulations required to be transferred by him under sub- section (2) of section 15 or sub-section (5) of section 17 or in the payment of any charges payable under any other provision of this act or of any scheme or insurance scheme or under any of the conditions specified under section 17, the 7/12 date of order:06.04.2017 wp no.67510/2010 the belgaum co-operative cotton spinning mills ltd., vs. .....
Tag this Judgment!Court : Karnataka Dharwad
..... that before levying and recovering such damages, the employer shall be given a reasonable opportunity of being heard: provided further that the central board may reduce or waive the damages levied under this section in relation to an establishment which is a sick industrial company and in respect of which a scheme for rehabilitation has been sanctioned by the board for industrial and financial reconstruction established under section 4 of the sick industrial companies (special provisions) act, 1985, (1 of 1986), subject to such terms and condition as may be specified in the scheme." 7. ..... he has also submitted that even the state government declared the petitioner mill as a "relief undertaking" vide annexure 'a' order dated 07th april 1994 under the provisions of karnataka relief undertakings (special provisions) act, 1977 (karnataka act 24 of 1977). ..... of any contribution: (1) where an employer makes default in the payment of any contribution to the fund, or in the transfer of accumulations required to be transferred by him under sub-section (2) of section 15 or sub-section (5) of section 17 of the act or in the payment of any charges payable under any other provisions of the act or scheme or under any of the conditions specified under section 17 of the act, the central provident fund commissioner or such officer as may be authorised by the central government by notification in the official gazette in this behalf, may recover from .....
Tag this Judgment!Court : Karnataka Dharwad
..... thus, for the acquisition of land under kiad act, as provided for in section 30 of the same act, the provisions of la act would mutatis mutandis apply for conducting an enquiry for determination of the amount of compensation and making an award. 22.1. ..... in other words, the provisions of la act would come into play for holding an "enquiry" and passing an "award" as provided for under section 11 read with other relevant provisions of the said act, including section 23. 17.5. ..... these four writ appeals are directed against the orders passed by learned single judge, all dated 09.07.2012, in the writ petitions filed by the appellants seeking direction to the special land acquisition officer to consider their representations (annexure-d in all the writ petitions) whereby they sought solatium and interest on the market value of their lands, acquired under the provisions of karnataka industrial areas development act, 1966 (for short the 'kiad act"). ..... all persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him; [provided that no award shall be made by the collector under this sub-section without the previous approval of the appropriate government or of such officer as the appropriate government may authorise in this behalf; provided further that it shall be competent for the appropriate government to direct that the collector may .....
Tag this Judgment!Court : Karnataka Dharwad
..... learned counsel appearing for the fifth respondent to counter the argument addressed on behalf of the appellants to the effect that the provisions of the act does not enable acquisition in favour of a single industry, draws our attention to definition section 2(6) and section 2(7-a) of the act and submits that the notification under section 3(1) of the act is issued based on the concept as indicated in these two sub-sections, which are pressed into service by the state government for the purposes of the fifth respondent company. 42 ..... if any, on the part of the land owners; that the special land acquisition officer of kiadb, who has been delegated to exercise the powers of state government under rule 14 of the karnataka industrial area development board rules, 1966, heard the objections of all persons, who had appeared and forwarded his report to the state government after passing an order under section 28(3) of the act on 12.04.2007, opining that it was necessary to acquire the notified ..... senior counsel appearing for the fifth respondent submits that as on the date of issue of declaration under section 28[4] of the act by the state government, there was already in vogue a notification issued under section 3[1] of the act and therefore public purpose is clearly achieved; that in the context of facilitation act, when once the special bodies/committees created under the facilitation act, approves/clears a project, all other developments have to fall in line and therefore the action, .....
Tag this Judgment!Court : Karnataka Dharwad
..... any managing or whole- time director, shall be determined, in accordance with and subject to the provisions of section 198 and this section, either by the articles of the company, or by a resolution or, if the articles so require, by a special resolution, passed by the company in general meeting 1 and the 34 remuneration payable to any such director determined as aforesaid shall be inclusive of the remuneration payable to such director for services rendered by him in ..... the revenue on which the co-ordinate bench admitted this appeal, the said question which is already reproduced above, has been framed keeping in view the provisions of sub section (1) section 37, which has the following text: any expenditure (not being expenditure of the nature described in section 30 to 36 and not being in the nature of capital expenditure or personal expenses of the assessee) laid out or expended wholly and exclusively for ..... raviraj and so also the counter arguments advanced by the learned counsel for the respondent/assessee namely shri mayank jain based upon the relevant provisions of the income tax act, 1961 and so also based upon the impugned order passed by the income tax appellate tribunal in ita no.653/bang/2015 for the assessment year 2010 ..... the ao placed reliance upon the report of the shri ram institute for industrial research for deciding against the report cannot be automatically accepted particularly since there is a challenge to it and the assessee had sought ..... a definite connotation .....
Tag this Judgment!Court : Karnataka Dharwad
..... of the doctrine is that once a matter has been determined in a former proceeding, it should not be open to parties to reagitate the matter again and again and that section 11 of cpc recognises this principle and forbids a court from trying any suit or issue, which is res judicata, recognising both cause of action estoppel and issue estoppel . 23. ..... that the entire exercise of transferring of the seized assets to a third party who is not even a bidder or participant in the negotiations is a fraudulent act and hence the sale of the property to the third party is contrary to the procedures adopted by the corporation and is also opposed to the doctrine of ..... failure, the corporation exercised the powers vested in it under section 29 of the state financial corporation act (for short the act ) and took the possession of the running hospital on ..... , are not to be found, but the offer letter of indoria industries, chennai for rs.55 lakhs is produced by the petitioner along with memo ..... he would submit that the second writ petition is hit by the provisions of order 23 rule 1 of cpc, as the withdrawal of the writ appeal, without reserving liberty ..... revive the one time settlement offer made on 06.09.2006 to the petitioner company and settle entire claim as per the said terms and conditions. ..... 11000 sq.ft and that they had fully equipped hospital with equipment like x-ray, ultra sound scanner, icu, neonatal care unit, operation theaters, delivery room along with special as well as semi-special wards. .....
Tag this Judgment!Court : Karnataka Dharwad
..... examining the validity of section 11 of kerala electricity surcharge (levy and collection) act, 1989 (act 22 of 1999) and further provision permitting non-refund of the amount collected has laid down the parameters for examining the constitutionality of validating act by the courts in ..... the judgment of the hon'ble apex court in the case of municipal corporation of city of ahmedabad vs new shorock spinning and weaving company limited reported in air 1970 sc 1292 can be noticed whereunder the high court as well as the apex court has held that the ..... came to be challenged before the high court of madras by comorin match industries private limited contending that it had sold the safety matches manufactured by it, in the course of inter-state trade and commerce for which sales tax was charged under the central sales tax act, 1956 (for short cst'), on the ground that cst was levied on ..... act, 1956 was amended by central sales tax (amendment) act, 1969, whereunder the definition of turnoverdefined in section 2(j) was amended and the working of section ..... brett reported in (1826) 162 er 456 at page 458-459 has held: it is to the preamble more specially that we are to look for the reason or spirit of every statute, rehearsing this, as it ordinarily does, the evils sought to be remedied, or the doubts purported ..... government schools with effect from 01.04.1979 and also additional dearness allowance on the basis of revised pay scales for the period 01.04.1979 to 31.12.1985 in five installments. 65. .....
Tag this Judgment!Court : Karnataka Dharwad
..... authority is likely to be made for carrying out any general scheme of street improvement or other schemes or development or expansion by the authority ; (ii) if the proposed street does not conform to the provisions of the act, rules and bye-laws referred to in sub- section (3) ; or (iii) if the proposed street is not designed so as to connect one end with a street which is already open ; or (iv) if the layout in the opinion of the ..... possession and enjoyment of the respective portions of land sought to be acquired and their names having been shown as khatedars/anubhavadars in the notifications issued under section 15 of the kh act, at the time of passing the award, the special land acquisition officer has come to the conclusion that the respective writ petitioners are not entitled to compensation on the sole ground that the portions of land ..... except for few cases where some of the writ petitioners had acquired right by way of documents executed by the karnataka industrial areas development board (kiadb) in their favour, the katha/revenue records stand in their respective names and the name of ..... pufendrof, like grotius, never recognised that the rights to property on its owners are absolute but involve definite social responsibilities, and also held the view that the private property was not established merely for the purpose of allowing a man to avoid using ..... and connected matters2 the managing director hubballi - dharwad brts company ltd, 2nd floor, b block, nwkrtc new depot ..... 1985 .....
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