Court : Karnataka
Reported in : ILR2003KAR4986; 2004(2)KarLJ107
..... merit, tested impartially and objectively is the essential foundation of any useful and efficient public service. so, open competitive examination has come to be accepted almost universally as the gateway to public services.'the court was further pleased to observe:'it is for the interviewing body to choose the appropriate method of marking at the ..... an express order, since the concept of deeming relaxation is not permissible as observed by the apex court in the case of syed khalid v. union of india, 1993 suppl. (3) scc 575. these observations would answer the contention of learned counsel sri ravivarrna kumar that the 'age' is also a qualification and therefore under ..... contend that the first respondent institute by entertaining the application of respondent no. 2 and considering her candidature for selection to the post of assistant professor has acted arbitrarily and in excess of the authority vested in it and on this score alone, the selection of respondent no. 2 is liable to be quashed. .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(5)KarLJ126
..... from the judgment and order dated 4-2-1994 on i.a. i under order 39, rules 1 and 2 of the cpc in o.s. no. 60 of 1993, setting aside the trial court's order granting the temporary injunction in favour of the plaintiff-revision petitioner and after setting aside the trial court's judgment, the lower appellate ..... in favour of the plaintiff-revision petitioner recorded by the lower appellate court is illegal. learned counsel contended that the court below acted illegally in setting aside the order of temporary injunction granted by the trial court.5. i have applied my mind to the contentions raised by the learned counsel for ..... basis of a will executed by ranoji rao and as such, he had got title and the mutation entries were in his favour and therefore the lower appellate court acted illegally in allowing the appeal and setting aside the injunction order. the learned counsel contended that the finding of the court below that there is no prima facie case .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR1988; 1996(5)KarLJ568
..... role of private professional colleges has been duly recognised by the supreme court in the case of unni krishnan j.p. and ors. v. state of andhra pradesh, : [1993]1scr594 . in paragraph 161/p. 2242 of the report it has been observed that -'the hard reality that emerges is that private educational institutions are a necessity in the present ..... of this court in the case of k. rajashekar v. the principal, adi-chunchanagiri institute of medcial science, b.g. nagar and ors., w.p.no. 35409/1993 dt.25.1.1995, still the authorities are demanding the fee by setting out new interpretations to paragraph 6 of the government notification no. hsw 102 msf 87 dated 5 ..... (hereinafter referred to as 'the state act').3. the contentions raised on behalf of the petitioners in general are - (i) tuition fee can be charged from the students as repeaters only if under the regulations of the university they are required to repeat the course for a particular duration in order to make them eligible for appearing at the .....
Tag this Judgment!Court : Karnataka
Reported in : [1985]57CompCas639(Kar); 1984(2)KarLJ105
..... case law is that the proposition in leary's case [1971] 1 ch 34 is too broadly stated. there are cases and cases and though no general principle of universal validity, valid for all situations. cannot be predicated, yet it is possible to say, even in cases of statutory or 'domestic' appeals, that a fair appellate ..... in wade on 'administrative law' (5th end), it is observed : 'a source of complication introduced in certain decisions of recent years is the question whether unlawful administrative acts are void or avoidable. up to a point there is a sound basis for this distinction ....' void or avoidable is a distinction which applies naturally and without difficulty to ..... to pay its debts and that it is just equitable that should wound up under cls. (e) and (f) of s. 433 of the companies act, 1956 (for short, 'the act'). 2. shreeshyla industrial employees union (regd.) which claims to represent the workmen of the company is aggrieved by the order of the learned company judge directing .....
Tag this Judgment!Court : Karnataka
Reported in : (1984)IILLJ451Kant
..... conspectus of the case-law is that the proposition in leary's case is too broadly stated. there are cases and cases and though no general principle or universal validly, valid for all situations, cannot be predicate yet it is possible to say even in cases of statutory or 'domestic' appeals, that a fair appellate ..... 'administrative law' (5th edn.), it is observed vide page 310 : 'a source of complication introduced in certain decisions of recent years is the question whether unlawful administrative acts are void or avoidable. upto a point there is a sound basis for this distinction ....... 'void or avoidable' is a distinction which applies naturally and without difficulty to ..... debts and that it is just and equitable that it should be wound-up under clauses (e) and (f) of s. 433 of the companies act, 1956 (for short, 'the act'). 'shreeshyla industries employees union (regd.)' which claims to represent the workmen of the company is aggrieved by the order of the learned company judge directing .....
Tag this Judgment!Court : Karnataka
Reported in : (1999)ILLJ39Kant
..... form of an advocate to conduct the proceedings are fatal to the enquiry. however, the appeal of the respondent-employee came to be dismissed on june 9, 1993. 6. aggrieved by the said dismissal of the appeal, the respondent employee filed the writ petition, out of which the present writ appeal has arisen. the ..... considered, was whether the expression 'pending enquiry' in relevant standing orders of the company included the enquiry of the industrial tribunal under section 93 of the industrial disputes act. in that case, clause 27 of the standing orders was considered. clause 27 read thus : 'an employee may be suspended, fined or dismissed without notice or ..... rules, regulations, directions and instructions including these rules'. therefore, it is not as if the manual of instructions was born in 1974 and 16th after the alleged acts and omissions of the : delinquent employee. manual of instructions were there even earlier and that is how, a reference has been made in the officers conditions of .....
Tag this Judgment!Court : Karnataka
Reported in : (2004)189CTR(Kar)210; [2004]270ITR27(KAR); [2004]270ITR27(Karn)
..... authority in the purported discharge of his obligation to do so under section 269ug of the it act. shortly after the said deposit on 25th may, 1993, the owner of the property filed an application purporting to be one under section 269ug(4) of the it act with a request that the entire amount deposited by the chief cit be invested in ..... a fixed deposit. three months later, on 19th aug., 1993, the owner refunded to the appellant herein the advance amount of rs. 3 lakhs received from ..... passed by a learned single judge of this court whereby w.p. no. 26455 of 1993 filed by the appellant, herein has been dismissed and an order of pre-emptive purchase of property passed by respondent-appropriate authority under section 269ud(1) of the it act, 1961 upheld.2. the controversy arises in the following backdrop :in terms of an .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR2119; 1997(4)KarLJ118
..... for not earning the minimum cgpa of 7.00 out of 10.00 at the end of ii semester of 1993-94. this is in accordance with the regulation 12.1.4 governing the post-graduate programme under semester system of the university.by ordersd/-registrar'2. in the statement of objections filed on behalf of the respondent, the ..... that forms and modes of making representations are infinite. while representations are most commonly made by words written or spoken, they can and very often are made even by acts aid conduct. representation may be inferred in certain situations even by silence or inaction. in the case of representation by silence, apart from the fact that the represented ..... represent or is estopped from afterwards setting up the existence of such suppressed or undisclosed fact.'as to whether the represent or was under an obligation to speak or act would vary from case to case and situation to situation having regard to the nature of the legal relationship in which they are placed qua each other. it .....
Tag this Judgment!Court : Karnataka
Reported in : 2008(3)KarLJ426; 2008(1)AIRKarR285
..... respondent, relying upon the judgment of the division bench of this court reported in : air1972mad316 in the case of keshayya channayya hiremath v. the university of agricultural sciences and ors. therefore, the selection committee makes recommendation of the selected candidates to the appointing authority, governing council as per the statute ..... appointment is arbitrary and violative of articles 14 and 16 (1) of the constitution. further, he relied upon the apex court judgment reported in (1993) 2 supreme court cases p. 573 and specifically referred paragraph 7 and submitted that, the competent authority cannot pick and choose the candidates out of ..... , presuming without any basis therefor, petitioner has quite loosely employed vituperative expression that, the selection and appointment of the third respondent is purely an act of favoritism and based on extraneous considerations and that, the governing council has surrendered to the dictation of the answering respondent. it has also been .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR1466
..... addition' imparted to the original garden teas used in the manufacture of blended teas as the presence of moisture in teas beyond the tolerance limits is universally recognised to be a major technical impediment in the retention of desired characteristics of blended packet tea such as consistent flavour, aroma, colour and strength, ..... there are catena of judgments in the said respect even of the supreme court pronounced in the context of various legislations like transfer of property act, central excise act and the state sales tax legislations.44. learned advocate-general appearing for the respondents has submitted that mere blending of garden tea of different ..... the aforesaid statutory provisions, the respondent-joint director (id), who is the competent authority under the notification, had granted the required eligibility certificate dated june 5, 1993 (annexure 'c') in respect of the dharwar unit of the petitioner, inter alia, certifying that - 'the unit is located in zone iv area, i. .....
Tag this Judgment!