Judgment Search Results Home > Cases Phrase: the cochin makkathayam thiyya act 1940 Court: karnataka Page 1 of about 642 results (0.125 seconds)

Mastan All Son of Ismail Sab Dukandar. Vs. the State of KarnatakA.

Court : Karnataka

..... 148, 341 and 302 of ipc and also under section 3(2)(v) of atrocities act and therefore crl.a.no.571/2006 filed by the complainant-state deserves to be allowed to that extent and crt.a.no.3526/2008 filed by accused no.l deserves to be dismissed. 9. ..... 147, 148 ipc and under section 3(2)(v) of atrocities act and to convict the other accused nos.3 to 6 also for all the offences under sections 120b, 147. ..... 147, 148 of ipc and under section 3(2)(v) of atrocities act and therefore the impugned judgment and order, insofar as it relates to acquittal of accused nos.l and 2. ..... 1989 (hereinafter referred to as the atrocities act', for short) and also seeking conviction of accused nos.3 to 6 therein for all the offences under sections 120b, 147, 148, 341 and 302 of ipc and under section 3(2)(v) of atrocities act with which they were charged. ..... therefore the trial court has rightly acquitted all the accused nos.l to 6 therein of the offence punishable under section 3(2)(v) of the atrocities act. ..... 147, 148 ipc and under section 3(2)01 of the atrocities act and also in acquitting accused nos.3 to 6 of all the offences under sections 120b, 147, 148, 341 and 302 ipc and also under section 3(2)(vi of the atrocities act ? 2. ..... 1 and 2 in the said case, of the offences under sections 120b, 147, 148 ipc and also under section 3(2}(v] of atrocities act and in acquitting accused nos.3 to 6, of all the offences under sections 120b. .....

B.M. Abdul Rahiman Vs. State of Karnataka and Another

Court : Karnataka

Reported in : 1990CriLJ2406; 1990(27)ECC89

..... in doing so, the supreme court further quashed the proceedings initiated against the said haji mastan under the provisions of smugglers and foreign exchange manipulators (forfeiture of property) act, 1976 on the ground that if the detention order is held to be ab initio void and illegal, thus no proceedings under the latter act may be initiated to confiscate the properties. 4. ..... 2 the competent authority under the aforementioned act has no jurisdiction to proceed with any action under the notice as the detention order itself is liable to be set aside as being illegal and in violation of the constitutional rights of the petitioner. ..... , to set aside the order of detention dated 30-6-76 and notices issued as at annexures-'d' and 'e' under sub-section (1) of section 6 of the smugglers and foreign exchange manipulators (forfeiture of property act,) 1976, inter alia on the ground that the respondent no. ..... it is only after receipt of annexures 'd' and 'e', he has challenged the detention order itself inter alia on the ground that he was not supplied with the grounds of detention as required by the provisions of conservation of foreign exchange and prevention of smuggling activities act. 3. ..... that the petitioner was detained under the conversation of foreign exchange and prevention of smuggling activities act, 1974 (cofeposa) as far back as in the year 1976 is evidenced by annexure-a. .....

Sanjay G. Revankar Vs. State by Drug Inspector, Uttar Kannada District ...

Court : Karnataka

Reported in : 2002CriLJ1353; ILR2002KAR475; 2002(3)KarLJ304

..... sulphate 1% w/w, partners, chemists, analysts and distributors have been arrayed as accused by the state in the individual complaints filed under section 200 of the criminal procedure code inter alia alleging offences in common against all the petitioners of the offence under section 18(a)(i) of the drugs and cosmetics act, 1940 (hereinafter referred to as 'act') for the manufacture, sale and distribution of spurious or sub-standard drugs punishable under section 27(c) and (d) of act as well as for the violation of section 18(a)(vi) read with rule 78(c)(ii) again punishable under section ..... insofar as the requirement of fresh notification under section 18 of the drugs and cosmetics act as contended by the learned counsel for the petitioners is concerned, in my view, though the legislation in its wisdom has prescribed the notifications required to be published in official gazette by the concerned state one under section 1(3) of the act for the purpose of applicability of chapter iv of the act from a day to be prescribed and another notification is under section 18 of the act for the purpose of fixing the date by the state government by notification in official gazette to make the prohibition applicable in the state. .....

Premanand Shetty K. Vs. State of Karnataka and anr.

Court : Karnataka

Reported in : 2004(4)KarLJ417

..... in this context also, in our view, respondent 3's experience as a chemical examiner cannot be considered as a relevant experience since his work did not directly deal with the kind of testing which is contemplated under the drugs and cosmetics act, 1940.merely being appointed as ex officio drugs inspector per se cannot be treated as giving him the requisite experience unless he had, in fact discharged any functions as such officer during the said period. ..... after passing mbbs in 1989, he worked in the institute of maternity and child health, calicut medical college and safdarjang hospital, new delhi as an intern and as a junior resident during the period 1990 to 1992, he has also enforced various provisions of drugs and cosmetics act, 1940 among other legislative enactments. ..... this court certainly appreciates the difficulties faced by the government and this court is firmly of the view that the drug's department has to be in the right hands of iron as otherwise the health of the general public and the object is fatally affected on account of certain unreasonable acts as stated in the objections statement in terms of hon'ble lokayukta proceedings. ..... he has also enforced various provisions of the drugs and cosmetics act, 1940 among other legislative enactments and that therefore he has both qualification and eligibility in terms of rule 50-a of the rules. .....

The Government of Karnataka Vs. A. Prabhakar Reddy

Court : Karnataka

Reported in : 1999(1)KarLJ92

..... proceedings before the arbitrator were regulated at the relevant time by the provisions of arbitration act, 1940 (hereinafter referred to as 'the act'). ..... courts have limited jurisdiction to set aside the award- power to set aside the award are circumscribed by section 30 of the act which provides that the award shall not be set aside, except on any one or more of the grounds namely:''(a) that an arbitrator or umpire has misconducted himself or the proceedings;(b) that an award has been made after the issue of an order by the court superseding the arbitration or after arbitration proceedings have become invalid under section 35;(c) that an award has been improperly procured or is otherwise ..... for the pre-reference period the position has been clarified by a recent judgment of the supreme court in sudhir brothers v delhi development authority, wherein it has been held that the arbitrator has the power and jurisdiction to award interest for the period between the making of reference to the arbitrator and entering upon the reference after coming into force of the interest act, 1978. ..... the above view of the division bench therefore, cannot be sustained'.as the present case relates to a period subsequent to the period of coming into force the interest act, 1978, the respondent shall be entitled to the interest for the pre-reference period. .....

Alkem Laboratories Limited Vs. Micro Labs Limited

Court : Karnataka

..... satya deo gupta : [1963]2scr484 '' and held that the principle of phonetic similarity cannot be jettisoned when the manner in which the competing words are written is different.the court also held that the fact that drugs are sold under prescription is not sufficient to prevent confusion which is otherwise likely to occur.in this regard the court has held:keeping in view the provision of section 17-b of the drugs and cosmetics act, 1940 which inter alia indicates as imitation or resemblance of another ..... drug in a manner likely to deceive being regarded as a spurious drug, it is but proper that before granting permission to manufacture a drug under a brand name the authority under that act is satisfied that there will be no confusion or deception ..... lakh from the time of its introduction in the market.the appellant has adopted distinctive trademarks and carton design which sets the product of the appellant apart from any other product and the name itself has been selected only after a thorough search conducted at the trademark registry and after conducting a market survey.on the other hand the respondent claims it is a company registered under the companies act, 1956 and is engaged in the manufacture of pharmaceutical .....

Commissioner of Income-tax Vs. Deepchand Kishanlal

Court : Karnataka

Reported in : (1990)82CTR(Kar)322; [1990]183ITR299(KAR); [1990]183ITR299(Karn)

..... the question of law referred to us under the provisions of section 256(1) of the income-tax act, 1961 (hereinafter referred as 'the act'), is as under: 'whether, on the facts and in the circumstances of the case, the tribunal is justified in upholding the decision of the commissioner of income-tax (appeals), (i) that no interest under section 139(8) is leviable on the registered firm as the advance tax paid as registered firm exceeded the tax payable by it as registered firm; and (ii) that interest is payable to the assessee under section 214 by revision on account of reduction in total income in appeal?' 2. ..... here, though the question arose under the provisions of the excess profits tax act, 1940, the reasoning would equally apply to the question before us. ..... under special circumstances, the law does, however, admit of a subsequent act to be resorted to for this purpose but the conditions under which the later act may be resorted to for the interpretation of the earlier act are strict; both must be laws on the same subject and the part of the earlier act which it is sought to construe must be ambiguous and capable of different meanings.' 19. .....

Sha Pannalal Pemraj and Co. and ors. Vs. Commercial Tax Officer, Hassa ...

Court : Karnataka

Reported in : ILR1975KAR597; [1975]35STC109(Kar)

..... tax, bombay : [1955]27itr20(sc) , the supreme court was concerned with the interpretation of section 15 of the excess profits tax act, 1940, which read as follows :'if, in consequence of definite information which has come into his possession, the excess profits tax officer discovers that profits of any chargeable accounting period chargeable to excess profits tax have escaped assessment, or have been under-assessed, or have been the subject of excessive relief, he may at any time serve on the person liable to such ..... tax a notice containing all or any of the requirements .....

Ramesh Babu and Another Vs. State of Karnataka

Court : Karnataka

Reported in : 1992CriLJ1963

..... 21 of the drugs and cosmetics act, 1940 has filed a complaint in the special court for economic offences, bangalore city, alleging that the petitioners and two other persons have committed the offences punishable u/s. ..... 34 of the drugs and cosmetics act, 1940, for having committed the offence punishable u/s. ..... 34 of the drugs and cosmetics act, 1940, read as follows :- '34(1). ..... been committed by a company, every person who at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that ..... he exercised all due diligence to prevent the commission of such offence. .....

M/S. S.M. Kannappa Automobiles Pvt. Ltd. Bangalore and Others Vs. Bhup ...

Court : Karnataka

..... since they failed to deliver the original share certificate and raised certain disputes regarding its transfer, the dispute was referred to an arbitrator under the provisions of the arbitration act, 1940. ..... - save as otherwise expressly provided in the act.a) the provisions of this act shall have effect notwithstanding anything to the contrary contained in the memorandum or articles of a company, or in any agreement executed by it, or in any resolution passed by the company in general meeting or by its board of director, whether the same be registered executed or passed, as the case may be, before or after the commencement of this act; andb) any provision contained in the memorandum, articles, agreement or resolution aforesaid shall, to the extent to which it is repugnant to the provisions of this act, become or be void, as the case may be.28. ..... therefore, in a situation where the articles of association are silent on a certain aspect pertaining to management of the company, such as transfer of shares by the legal representatives of a deceased member, the regulations in table a of schedule i of the act would be applicable.25.9 from perusal of articles 16, 18 and 19 of the articles of association, it is seen they are silent on a right of legal representative of the deceased member to transfer the share standing in the name of the deceased member to any member or any person selected by the directors to be admitted to membership who is willing to purchase the same at its fair value. .....