Court : Karnataka
Reported in : 2008(6)AIRKarR111(DB)
ORDERB.V. Nagarathna, J.1. These writ petitions are filed challenging the common order dated 19.10.2005 passed by the Debt Recovery Appellate Tribunal-Channel ('DRAT', Channel for short) in Miscellaneous Appeal No. 82/2005 and Miscellaneous Appeal No. 83/2005 arising out of an Interim Application No. 4/2003 in Original Application No. 326/2000 and Original Application No. 327/2000, setting aside the order dated 14.5.2003 passed by the Debt Recovery Tribunal Bangalore ('DRT', for short) in Interim Application No. 4/2003 filed by the respondent herein in Original Application No. 326/2000 and Original Application No. 327/2000 pending before the Debt Recovery Tribunal and also challenging the common order dated 7.8.2006 passed by the DRAT in Review Petition No. 1/2006 and review Petition No. 2/2006 filed by the petitioner herein in the aforesaid Miscellaneous Appeal No. 82/2003 and Miscellaneous Appeal No. 83/2003 disposed of by DRAT, Chennai on 19.10.2005.2. the relevant facto of both the...
Tag this Judgment!Court : Karnataka
Reported in : AIR2008NOC2790(FB); ILR2008(3)KAR2895; 2008(4)KarLJ593; 2008(4)KLJ593; 2008(5)AIRKarR261; AIR2008NOC2790(FB)
ORDERN. Kumar, J.1. The destiny of India is now being shaped in her classrooms. In a world based on science and technology it is education that determines the level of prosperity, welfare and security of the people. On the quality and number of persons coming out of our schools and colleges will depend our success in the great enterprise of national reconstruction whose principal objective is to raise the standard of living of our people. The task is neither unique nor is it quite new. But its magnitude, gravity and urgency have increased immensely and it has acquired a new meaning and importance in the context of liberalisation, globalisation and privatisation. If the pace of national development is to be accelerated there is need for a well defined, bold and imaginative educational policy and for determined and vigorous action to vitalize, improve and expand education.2. Education is to be used as a powerful instrument of social, economic and political change and therefore has to be ...
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR3235; 2008(4)KCCR2726
ORDERN. Kumar, J.1. The petitioner has preferred this writ petition seeking quashing of Annexure-C, the Notification dated 22.9.2005 issued by the 2nd respondent.2. The petitioner is a Co-operative Bank registered under the provisions of the Karnataka Co-operative Societies Act, 1959. The petitioner contends that the Co-operative Society is not a public authority, as such, the provisions of Right to Information Act, 2005 is not applicable to the Co-operative Society. It does not come within the meaning of a public authority under Section 2(h) of the Act. In fact, the National Federation of Co-operative Banking has issued clarification to the effect that the Co-operative Banks/Societies are not covered under the R.T.I. Act. The 2nd respondent has issued a Notification dated 22.9.2005 as if the Co-operative Banks or Societies are public authorities. Annexure-C is the said Notification. Therefore, the petitioner contends that the said Notification is abinitio void. Therefore, they sought ...
Tag this Judgment!Court : Karnataka
ORDERS. Abdul Nazeer, J.1. In this case the petitioners have sought for quashing the auction notices bearing Nos. Ref: ADV/1706/MNG, dated 2-1-2007; Ref: ADV/1707/MNG, dated 3-1-2007; Ref: ADV/1704/MNG, dated 4-1-2007 and Ref: ADV/1705/MNG, dated 5-1-2007 issued by the first respondent (Annexures-J1 to J4) and for a writ of mandamus directing the 1st respondent to release the buses belonging to the petitioners, detailed in the schedule to the writ petition in the condition in which they were seized.2. Petitioners contend that the Central Government enacted an Act called 'Road Transport Corporation Act, 1950' permitting each and every State within the Union of India to constitute a Corporation family to cater to the needs of travelling public. In furtherance of the object of the aforesaid Act the State Government constituted the Transport Department and thereafter on reorganisation of the State in the year 1956 it came to be called as Mysore State Road Transport Corporation (MSRTC) and ...
Tag this Judgment!Court : Karnataka
Reported in : 2009(2)KarLJ400
ORDERD.V. Shylendra Kumar, J.1. In this batch of writ petitions, the petitioners are persons on whom liability is created for payment of what is known as electricity tax under the provisions of the Karnataka Ordinance No. 8 of 2003, which amended Section 3 of the Karnataka Electricity (Taxation on Consumption) Act, 1959 [for short 'the Act'] and levied a tax burden on persons like the petitioners in terms of Sub-section (1) of Section 3 as amended by the Ordinance.2. Petitioners who were essentially persons who either generate themselves such electricity which is sought to be taxed under the amended provisions or who got it from any other non-licensee suppliers tree of cost and on whom is created this liability for payment of tax, are complaining that the levy itself is bad as the levy on electricity generated amounts to levy on generation at the generating point and not a levy on consumption; that it is beyond the competence of the state government to have issued an ordinance of this ...
Tag this Judgment!Court : Karnataka
Reported in : 2007(1)KarLJ1
R. Gururajan, J.1. Hindu temples/Trustees of temples/arches and others of Karnataka ace before us aggrieved by the Judgment of this Court dated 9.9.2005 passed in W.P. Nos. 31937/2003 and connected matters in these appeals.2. It is unnecessary for us to refer to the facts in each one of the cases. The State Government in terms of the powers conferred on then has chosen to enact a law by name the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 and the Rules framed thereunder. The said Act in terms of the statement of objects and reasons was enacted in the light of a longstanding public demand to bring about a uniform law to provide for the regulation of all charitable Endowments and Hindu Religious Institution in the State, which are now regulated under different enactments having local application in different parts of the State. The said Act was brought into force with effect from in terms of the notification. The Act is applicable to Hindu Religious Institu...
Tag this Judgment!Court : Karnataka
Reported in : ILR2006KAR2870; 2006(5)KarLJ1
ORDERN. Kumar, J.1. This Writ Petition is filed in public interest by the President, Vice President and three Councillors of the Town Municipal Council, Sindhanur, seeking a writ of mandamus directing respondents 1 to 3 not to hold elections to the Town Municipal Council, Sindhanur, till the completion of the process of delimitation/determination/constitution of wards as per the 2001 census and for other appropriate reliefs.2. The facts in brief are as under :In the last elections held in 2001 to the Town Municipal Council, Sindhanur, the number of wards/seats was 27 as statutorily determined under the provisions of Section 11 of the Karnataka Municipalities Act, 1964 (for short hereinafter referred to as 'the Act'). The determination of the number of wards in a Town Municipal Council is based on the population of the Municipality. The election in 2001 was based on the population as ascertained in 1991 census. In 2001 census, as officially published, the population of Sindhanur Town Mu...
Tag this Judgment!Court : Karnataka
Reported in : AIR2006Kant205
ORDERP. Vishwanatha Shetty, J.1. In this petition, the petitioner who has lost election to the 1st respondent to the Legislative Assembly Election held on 26th April, 2004, has called in question the election of 1st respondent on the ground that the 1st respondent had indulged in corrupt practice within the meaning of Section 123(3) of the Representation of the People Act, 1951 (hereinafter referred to as 'the RP Act') by appealing to the voters on communal grounds and also on the basis of Marathi language.2. In I.A. No. 3 of 2004 filed under Order 6, Rule 16; Order 7, Rule 11(a) and Section 151 of the Code of Civil Procedure (hereinafter referred to as 'the Code') read with Section 86 of the RP Act, the 1st respondent has prayed for striking down the pleadings at paragraphs 8 to 14 of the petition; and in LA. No. I of 2005 filed under Section 86(1) of the RP Act, he has prayed for dismissing the election petition for want of cause of action.3. The facts in brief:The petitioner in this...
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR5241; 2005(5)KarLJ481
H.N. Nagamohan Das, J.1. India is a land of religious and temples. The Anthropological Survey of India published the series 'Peoples of India' describing the Indian society, culture and traditions. Some of the main conclusions of the survey is as under:(i) Ours is one of the most diverse countries in the World. There are 4,635 ethnic communities in our country, each with its own hereditary features, language, dress, religious, customs, food habits, family relations and marriage rites. The basic lifestyles of these communities comprise the mainstream of the lives of our country's people;(ii) The people of India have emerged from miscegenation of several races like Proto-Australoid, Paleo-Mediterranean, Caucasoid, Negroid and Mongoloid. Various nationalities involved are: Aryans, Persians, Greek, Huns, Arabs, Turks, Africans, Mongolians and Europeans. There has been so much intermingling that nowhere can one find a 'pure' specimen of any nationality;(iii) It has been observed that differ...
Tag this Judgment!Court : Karnataka
Reported in : [2006]130CompCas705(Kar); ILR2006KAR255
ORDERRam Mohan Reddy, J.1. The petitioner a Company, for short the Transferor company' incorporated on 20th October 1995 under the Companies Act, 1956 (for short 'Act') having its registered office at No. 15-16, Vayudooth Chambers, 4th Floor, Trinity junction, M.G. Road, Bangalore-560001 has presented this petition seeking sanction of the scheme of amalgamation Exhibit-'E'.2. The main objects of the Transferor company is to carry on business of providing long term finance to any person or persons, firm, company, corporation, society, association of persons on such terms and conditions as the company may deem fit for the purpose of construction or purchase of house/flat in India for residential purpose, amongst other objects set out in the Memorandum and Articles of association Exhibit-'B'.3. The Authorised share capital of the Transferor company is Rs. 10 crores divided into 1 crore Equity shares of Rs. 10/- each while the issued, subscribed and paid up share capital is Rs. 10 crores d...
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