Court : Karnataka
Reported in : ILR2007(1)Kar573; 2007(2)KarLJ172; 2007(2)KCCR1239; 2007(2)AIRKarR92
..... ; the term of the 'sdmc's' fixed for the period of three years under the government order dated 28.4.2001 was not qualified inasmuch as, the said government order does not specify that the term of the 'sdmc's' is either until further orders or during the pleasure of the government; that the state government has not circulated the model bye-laws to the gram panchayaths and consequently, the panchayats have not adopted the model bye-laws as contemplated under section 316 of the 'kpr act; that the terms of the existing ..... ed 122 pbs 2004, issued by the state government framing the model-bye laws to constitute the school development monitoring committees ('sdmc's') is dismissed. ..... ed 122 pbs 2004, by which, the model bye-laws were framed and the earlier government orders in the matter i.e. ..... ed 122 pbs 2004 to clarify the position that 'sdmc's' which were constituted prior to issuance of the notification dated 14-6-2006 shall continue to function till the completion of their prescribed term of three years. .....
Tag this Judgment!Court : Karnataka
Reported in : 2007(4)KarLJ122; LC2007(1)241; 2007(35)PTC556(Karn)
..... the plaintiff's product 'aquaguard' or 'uv purifiers' or from issuing disparaging statements about the said 'aquaguard' or 'uv purifiers', during the pendency of the suit.regard being had to the magnitude of the controversy between the parties, the issue involved being a serious one, and the perceivable irreparable injury or damage to be caused to the parties concerned, it is impressed upon the trial court to endeavour to dispose of the main suit, preferably within six months from the ..... , pentair water group is a global leader in providing innovative products and systems used worldwide in the movement, treatment, storage and enjoyment of water and that pentair is the world's largest manufacturer of softener equipment, reverse osmosis (ro) membrane housings and commercial drinking water systems ..... 2004(29) ptc 1, dealing with the advertisement 'garmion mein chyawanprash bhool jao, himani sona chandi amritprash khao' (forget chyawanprash in summers, eat amritprash instead), the delhi high court has observed thus:the aforesaid effort on the part of the defendant would be definitely a disparagement of the product chayawanprash and even in generic term the same would adversely affect the product of the ..... the appellant is said to be a pioneer and leader in uv water purifiers and claiming to be asia's largest direct selling organization accounting for more than 70% market share of uv water purifier segment, certainly the advertisement put up by the respondent causes irreparable damage to the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2007KAR3794; 2007(6)KarLJ564; ILR2007(4)Kar4192; 2007(5)AIRKarR416; AIR2007NOC2349
..... 873/2005 which is disposed of along with this petition where it has been held as under:in view of the authoritative pronouncement of the apex court that even discretionary reliefs which are to be granted by the courts could be referred to arbitration and the arbitrator also has the same powers as that of the court in the matter of exercising discretion, the contention that jurisdiction to decree specific performance being discretionary and has to be exercised by a court alone and such matters cannot be referred to arbitration is without any ..... such a situation may arise in a case where the court holds that the suit agreement is proved or admitted, the plaintiff is ready and willing to perform his part of the contract, it is the defendant who committed a breach and then in the facts of that case still as held by section 20 of the specific relief act the court is not bound to grant such relief merely because it is liberal to do so. ..... further it is also made clear that after the matter is referred to the arbitrator on the basis of an arbitration clause in the contract and if the arbitratorsd holds that the contract is null and void, the said decision of the arbitral tribunal would be still valid notwithstanding the fact that the very reference to the arbitration was under such void contract. ..... by a memorandum of understanding/agreement made in april 2004 the respondents-2 and 3 on behalf of respondent no. .....
Tag this Judgment!Court : Karnataka
Reported in : (2007)211CTR(Kar)31; [2008]296ITR110(KAR); [2008]296ITR110(Karn)
..... an explanation reading as under is also provided to the rule of the second schedule.for the removal of doubts it is hereby declared that any amount standing to the credit of any account in the books of a company as on the 1st day of the previous year relevant to the assessment year which is of the nature of item (5) or item (6) or item (7) under the heading reserves and surpluses' or of any item under the heading 'current liabilities and provisions' in the column relating to 'liabilities' in the 'form of balance sheet' given in part i of schedule vi of the companies act, 1956 (1 of 1956), shall not ..... be regarded as a reserve for the purposes of computation of the capital of a company under the provisions of this schedule. 8. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2007KAR2559; 2007(5)KarLJ363; 2007(4)KCCRSN232
..... respondents as against the said termination raised a dispute under section 10-4a of the industrial disputes act (hereinafter referred to as 'the act') interalia alleging that, they were illegally terminated from their service as sahayoginis that, they were carrying out the activities of creating awareness among the rural women at large by organizing women into groups to create socio-economic and political awareness and the said activities were spread over in karnataka. ..... it is also alleged that, under the garb of increasing the wages and promoting the respondents, some of the respondents' signatures were taken on many papers and their services were terminated and alleged that the termination order dated 30th september 2004, amounts to retrenchment and claimed that they are entitled for reinstatement with backwages and continuity of service.5. ..... thereafter in order to reduce the voluntary services of the sahayoginis, selection was made from amongst the sahayoginis to be called as crps and in this regard, interviews were held on 30th june 2004, 1st july 2004 and 2nd july 2004. ..... nos. 247, 257, 258 and 259/2004 on the file of the labour court, gulbarga is ..... 247, 257, 258 and 259/2004 on the file of the labour court, gulbarga,2. ..... the respondents, who were either did not offer themselves to become crps or did not get selected, were advised that their engagement stands terminated at the end of 30th september 2004.4. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2007KAR2497; 2007(5)KarLJ157
..... enterprises case (2004(11)scc 26) has held that the activity of lottery is res extra commercium and the said activity does not get the protection of article 19(1)(g) of the constitution of india and further as section 5 of the 1998 act has been upheld by the apex court as constitutionally valid. ..... shashikiran shetty for some of the petitioners prayed that in view of the decision in suman enterprises case, the operation of the judgment be stayed for a period of four weeks to enable the petitioners to prefer an appeal and further, the benefit extended by the high court of judicature in the case of state of mizoram v. ..... the facts leading to these writ petitions are as under:in the budget presented for the year 2007-08 on 16.3.2007 on the subject pertaining to 'lottery', the proposal reads thus:lottery-295currently, paper lotteries and online lotteries, including interest lotteries are being organized in the state. ..... section 3 prohibited that no state lotteries can be organized without the condition stipulated under clauses (a) to (k) of section 4. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2007Kant130; ILR2008KAR650; 2007(5)KarLJ381
..... there is a greater responsibility on the court to assess the entire facts and circumstances of the case, in appropriate cases, can even disregard the wishes and preference expressed by the minors, especially when court is of the impression that the minors have not given answer on the question of their wish voluntarily, but under influence and tutoring.6 ..... but, at the time of filing the petition in g & wc 60/2004, the second respondent has not disclosed the same in the petition schedule properties. ..... it is implied that section 17(3) of the act empowers the court to interview the child to find out the intention of minor. ..... the statement made by the minor children during the course of their interview before the trial court establishes the fact that they are not voluntary but the same are influenced and tutored by the second respondent ..... section 17(3) of the act specifies that if the minor is old enough to form an intelligent preference, the court may consider the preference. ..... petitioner who is the maternal grandfather of minor children filed a petition under section 7 of the guardians and wards act ('the act' for short) in g & wc no. ..... the act does not define the word 'welfare of the minor' ..... there is no allegation against the petitioner and his wife to act as guardian of minor children. ..... 5 filed under section 12 of the guardinas and wards act and rejecting i.a. ..... 6 filed under section 12 of the guardians and wards act, disposing i.a. no. ..... no.3 filed under section 12 of the guardians and wards act.2. .....
Tag this Judgment!Court : Karnataka
Reported in : 2007(5)AIRKarR349
..... the research organization has also indicated that it is not possible to relax the requirement of acquiring net certificate in favour of persons selected for filling the posts advertised as backlog vacancies, as the qualification prescribed is in respect of the post of the post of assistant professor and not because it is to be filled up as backlog vacancies or otherwise and the prescription being one to improve and to ensure maintenance of commensurate academic standards, courts have consistently refrained from interfering with such prescription and ..... is still open to the respondent-university to nevertheless prescribe net as a requisite qualification for filling up of teaching posts in the university, which is an agricultural university and particularly in scientific subjects involving engineering and technology also, even while doing so, the university is required to act in a uniform, non-discriminatory manner and as it is found its action is not such, it is on this premise that the action of the university in making a distinction between the two classes of phd holders ..... 11741/2006 in agricultural engineering (post harvest technology/farm, power and machinery/soil and water conservation engineering) are all before this court even before the process of selection is through in terms of the two notifications annexure-w dated 13.7.2006 in ` 4343/2006, ..... 2004 connected with 22376/2004 and that this court in terms of the order dated 2nd august 2005, copy produced at annexure-l to the .....
Tag this Judgment!Court : Karnataka
Reported in : 2008(1)KarLJ438
..... from a reading of section 20 of the act and the law laid down in different decisions referred to above, in our considered view, the following principles will emerge:i) a child in the womb is entitled to for a share in coparcenary property of an undivided hindu joint family.ii) the child is entitled for a share in the joint family property when born alive and not otherwise.iii) on behalf of the child in the womb no partition suit is maintainable.iv) in case of a partition of the joint family property by the father amongst his sons, even a son born ..... 34513/2004 and 34812/2004 admitted that the plaintiff was pregnant on the date of marriage, that is on 06.01.1994. ..... the registered release deed dated 19.01.2004 as not binding and does not extinguish the right of deceased son of plaintiff in the schedule properties and decreed the suit of plaintiff in part declaring that she is entitled for 5/63rd share in the suit item nos. 1, 3, 4, 6, 9 to 20. ..... 34513/2004 and 34813/2004 on the file of this court. ..... the trial court vide order dated 19.07.2004 held issue no. ..... 34513/2004 and 34812/2004 are marked as ex.p27. ..... 34513/2004 also admitted that plaintiff was pregnant before their marriage on 06.01.1994. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR3733;
..... then thereafter, on receiving the pre-organized signal from the complainant, the investigation team went near the accused, the complainant stated that he handed over the currency notes, which were applied with phenolphtholepin powder. ..... 266/2004, it is clear that the trial court has committed an error in sentencing the accused for the offence punishable under section 7 and 13(1)(d) only for a period of six months on each count, though the prescribed punishment for the said offence is minimum one year. ..... 13(2) of the prevention of corruption act, 1988. ..... 2000/- and in default of payment of fine, he shall undergo simple imprisonment for a further period of three months for an offence punishable under section 7 of the prevention of corruption act. ..... 13(2) of the prevention of corruption act, 1988. ..... 13(2) of the prevention of corruption act, 1988 and sentenced him as herein stated before.15. ..... 13(2) of the prevention of corruption act, 1988.4. ..... 2,000/-, in default to pay the fine, he shall undergo simple imprisonment for a further period of 3 months for the offence punishable under section 7 of prevention of corruption act, 1988. ..... 13(2) of the prevention of corruption act, 1988 and sentenced him to undergo simple imprisonment for a period of six months and to pay fine of rs. ..... section 13(2) of prevention of corruption act, 1988. .....
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