Court : Karnataka
Reported in : AIR2000Kant46; ILR1999KAR2033
..... (as provided in section 17) has to be registered, so that any person who wants to deal with such property can find out about the encumbrances, legal obligations, rights and ownership of such property; and such registration acts as constructive notice to a person who subsequently acquires such property or any part thereof, or share or interest therein; (b) every document so registered is copied (or copy filed) in book i and particulars thereof (name ..... registration rules, 1965 ('the rules' for short) will be necessary to know the true meaning and effect of an encumbrance certificate.5.1 the object and intent of providing for registration of instruments under the act is to create and maintain a public record of transactions relating to immovable properties, on which every person dealing with an immovable property can rely with confidence, for a full and complete account of the ..... by the madras high court in park view enterprises v state of tamil nadu, the functions of sub-registrar, for purposes of registration, are purely ..... if a duly stamped document is presented for registration with required registration fee (with supporting enclosures required to satisfy the provisions relating to valuation and payment of stamp duty under the karnataka stamp act, 1957 and the requirements of section 230-a or 269-ul of income-tax act, 1961 and section 22-a of the registration act and section 26 of urban land (ceiling and regulation) act, 1976 and any other relevant statutory provisions), the .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(3)KarLJ448:2009(4)KCCR2500:2009(3)AIRKarR438:AIR2009NOC1870(D.B
..... and other residents of the locality, which has not been duly considered by the respondents; that the appellant was not given opportunity to file objections and to participate in the enquiry as provided under section 5a of the act and that the authorities have not called for the tenders for construction of wet well.4.2 shri jayakumar s patil, learned senior counsel for the appellant, further contends that since declaration was not ..... is not suitable and detrimental to the interest of the appellant as well as other residents of the locality and the said fact has not been duly considered by the authorities-respondents and that the respondents have acted arbitrarily and unreasonably.9.1 per contra, it is contended by the learned counsel for the respondents that the alternate government land proposed by the appellant is not suitable and feasible for the project as it is at a higher level ..... any dispensation of such enquiry should strictly satisfy the requirement contemplated under section 17 of the act, because the rule of law and the principles of natural justice have had its stamp in section 5a of the act.10.2 with regard to the power of the said invoking urgency provision and dispensing with the enquiry contemplated under section 5a of the act and; whether the impugned acquisition proceedings is bad for having dispensed with the enquiry contemplated under section ..... the state of tamil nadu and ors. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR3641; 2000(6)KarLJ284
..... he relied on the decision of the supreme court in tamil nadu electricity board and another v n. ..... ten lakhs).the provisions contained in chapter xxc of the income-tax act, 1961 were made applicable to the city of bangalore with effect ..... that at any time before, the deceased defendant or his l.rs raised the question of jurisdiction to entertain the suit in view of section 269uc of the act which was made applicable to bangalore city with effect from 1-10-1987.4. ..... contended that the sale price shown in the agreement is far below the market value and that has been shown for the purpose of not only avoiding the stamp duty but also to avoid incidentally other liabilities under income-tax act and other various acts. ..... shall be in form 37-1 and shall be signed and verified in the manner indicated therein by each of the parties to the transfer referred to in sub-section (1) of that section or by any of the parties to such transfer acting on behalf of himself and on behalf of the other parties. ..... in the prescribed manner, and shall be furnished to the appropriate authority in such manner and within such time as may be prescribed, by each of the parties to such transaction or by any of the parties to such transaction acting on behalf of himself and on behalf of the other parties. ..... sub-section (1) shall be reduced to writing in the form of a statement by each of the parties to such transfer or by any of the parties to such transfer acting on behalf of himself and on behalf of the other parties. .....
Tag this Judgment!Court : Karnataka
Reported in : (1980)IILLJ370Kant
..... state of tamil nadu, : [1971]2scr430 . ..... viscount simon after considering the scope of the constitution of the commonwealth of australia and the provisions of the said act, held that that act was invalid as being ultra vires of the constitution. ..... the validity of the commonwealth conciliation and arbitration act, 1904-1952 conferring judicial power on the court of conciliation and arbitration came up for consideration. ..... 7 of the high court act : 'whether the second respondent selection committee was competent to prescribe cutting score of 40 per cent. ..... 346, in which an act to provide for the settlement of the claims of widows and orphans was considered by the circuit court, pennsylvania in the united states. ..... that act conferred power on the executive to sit as a court of errors on the judicial opinions of the court. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR2695; [1985]59STC203(Kar)
..... purchase of goods in the course of export out of the territory of india or sale or purchase in the course of import into the territory of india; (v) all amount collected by way of tax under the provisions of this act or the central sales tax act, 1956 (central act 74 of 1956); (vi) all amounts falling under the head 'freight', when specified and charged for by the dealer separately without including such amounts in the price of the goods sold; and (vii ..... andhra pradesh [1969] 24 stc 133 approved by the supreme court in kodar's case : [1975]1scr121 , the andhra pradesh high court was examining the constitutional validity of section 5-a of the andhra pradesh general sales tax act, 1957 which reads thus : 'levy of additional tax on turnover - every dealer who is liable to pay tax under section 5 shall, in addition to the tax payable under that section pay for each year a tax at ..... of kerala : [1975]1scr121 , the court was principally examining the legislative competence of the state to levy additional tax or turnover tax imposed by the tamil nadu additional sales tax act, 1970. ..... - (1) there shall be levied and collected from every dealer liable to pay tax under section 5 or under section 6, an additional tax on the sale or purchase of goods liable to tax under this act, at the rate of two paise in the rupee on the sales tax or purchase tax or both payable by such dealer : provided that in respect of the sale or purchase of any of the declared goods mentioned in the fourth schedule, .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1988Kant165
..... that he was residing in his native place in salem district in tamil nadu and that this aspect of the matter has been overlooked by the learned trial judge while appreciating the evidence of pws. ..... even assuming that defendant is a permanent resident of tamil nadu and received the letters at that pi4ce, it does riot establish that either in the month of december 1973 or january 1974, he was riot present at mysore. ..... when asked by us to show the evidence regarding the residence of defendant- 'in his native place either in the month of december 1973 or january 1974 ' learned counsel made a reference to certain letters received by 1st defendant at his address in tamil nadu. ..... one of us while exercising jurisdiction under the companies act had occasion to examine this question and relying upon various indian decisions and english decisions came to the conclusion that an acknowledgment in a balance sheet of a company even in respect of time barred debt would be a valid acknowledgment as on ..... 18 of the limitation act, 1963 should be before the expiry of the period of the limitation prescribed for the 'suit and therefore any acknowledgment made after that date, would not ensure to the benefit of the plaintiff. ..... (4) that as s died after the hindu succession act, 1956. ..... this would make it clear that the plaintiff from the landlord and was entitled to receive the rent; plaintiff answers the definition of the expression 'landlord' under the karnataka rent control act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR1365; 1985(2)KarLJ397; [1985]60STC142(Kar)
..... is necessary to notice that all the questions that arise in these cases have to be examined and decided without reference to the amendments made to the constitution by the 46th constitution amendment act of 1982 that came into force from 2nd march, 1983 for the reasons that all the assessments in these cases relate to the period prior to that date and the enabling provisions of ..... ), in his dissenting opinion has traced the law of sales tax from the earliest times to the modern times, the constitutional provisions made in the government of india act, 1935 in that behalf that found their way in the new constitution of the country, with which the supreme court in vishnu agencies' case : [1978]2scr433 ..... not a dealer in the sale of coffee procured from growers referring to peanut 48 clr 266 and milk board's 62 clr 116 cases expressed thus : 'the object of such acts is to provide means for obtaining what is thought to be the proper price for the produce and for benefiting consumers from being charged what were thought to be excessive prices. ..... we are of the view that the two questions, whether the compulsory deliveries of coffee to the petitioner by the growers under the coffee act, a unique act in the country with no comparison are compulsory acquisitions or compulsory sales and whether in the compulsory sales there was consensuality or not, raised and decided in these that ..... state of tamil nadu [1982] 49 stc 303 all of which have been decided by one and the same bench of the madras .....
Tag this Judgment!Court : Karnataka
Reported in : [1986]61STC225(Kar)
..... we are happy to find that the sales tax authorities of gujarat, maharashtra, rajasthan, punjab, bihar, tamil nadu and kerala administering enactments similar to kst and cst act have taken a similar view as the one expressed by us on which basis they have completed the assessments against ..... ]1scr279 , the question was whether 'betel leaves' fell within the item 'vegetable' so as to earn exemption from sales tax and this court held that word 'vegetable' had not been defined in the act, and that the same must be construed not in any technical sense nor from the botanical point of view but as understood in common parlance and so construed it denoted those classes of vegetable matter which are ..... [1980] 46 stc 22, a division bench of the madras high court dealing with a case of assessment under the tamil nadu general sales tax act of 1959 prior to the amendment of the cst act by act no. ..... dated 20th november, 1973, written by government of india (published on page 754 of the central sales tax act by chaturvedi) to treat gi pipes as steel tubes was a direction to the authorities under the kst act and if so was it binding on the latter (3) whether there was a lawful direction by the commissioner to treat 'gi' pipes as 'steel tubes' under section 3a of the kst act or not if so, has it been withdrawn and from what date : whether the same is enforceable by the ..... purchases are verified with reference to the invoices and form 32 declarations are found to have been stamped on the purchase invoices. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR39
..... any other writ, order or direction as deemed fit under the facts and circumstances of the case, in the interest of justice.h) an appropriate writ, order or direction to the 7th respondent to initiate action under section 45(a) of the karnataka stamp act, 1957 against the respondents 4 and 5;j) appropriate writ or direction to the first respondent to take action under section 6 of the karnataka parks, play-fields, and open space (reservation and regulation ..... are espousing the cause of public interest because the vacant land held in excess of the ceiling limit is required to be acquired and utilised for the common good and it is to enforce the objects and intendment of the act which embodies the directive principles of state policy as contained in article 39(b) and (c) of the constitution, the petitioners have invoked the jurisdiction of this court under article 228 of the constitution to enforce those directive principles as ..... by the under secretary, housing and urban development department, government of karnataka, bangalore;d) directing the 9th respondent to initiate proceedings against the 5th respondent and 4th respondent under chapter xxc of the income tax act which came into force on 1-10-1987 in relation to the sale deed executed by the 4th respondent in favour of the 5th respondent registered on the 30th september 1987 before the sub-registrar, jayanagar, bangalore, registered as ..... state of tamil nadu and anr : (1974)illj172sc ..... state of tamil nadu and ors : [1971]2scr430 .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR2700; 2008(4)KCCRSN307
..... has intimated the learned government advocate representing the first respondent that in view of the said provision contained in section 27 of the act, the state government after getting the details from the concerned, would work out modalities of constituting such fund and framing rules ..... aspect which also requires to be noticed as rightly pointed by the learned counsel for the petitioner is that section 28 of the act itself makes it clear that the bar council with the previous approval of the state government could formulate the rules in respect of all other provisions of the act, but in so far as section 27, it is exclusive domain of the state government to formulate and notify the rules and ..... is that similar funds have been notified by the state government of andhra pradesh, state government of kerala and also the state government of tamil nadu. ..... the petitioner is before this court stating that section 27 of the karnataka advocates well are fund act, 1983 (hereinafter referred to as 'the act' for brevity) makes it mandatory for the state government to constitute a fund called the ' ..... for providing the bar council with the clerks welfare fund stamps, which would be affixed to the vakalathnama that would be filed by the advocates in the manner what is being done in the case of advocates welfare fund and this is an aspect which is to be considered by the state government and such method of distribution of the welfare fund stamps is to be assigned to the bar council by the state .....
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