Court : Karnataka Dharwad
..... 871/2004, 19431/2005 and upholding the petitioners that the triple benefit scheme rules and the government orders are not inconsonance with section 87 of the karnataka education act, 1983 thereby rejecting the government's contention that as per tbs rules only the service rendered institutions be in aided considered for qualifying service, the hon'ble high court on 13.10.2006 and 12.12.2007 allowed the writ petitions by directing reckoning of the service from initial appointment on the basis of actual emoluments drawn, including ..... be maintained; (5) (6) (7) it power, in its anxiety to safeguard judicial is unnecessary be overzealous and conjure up incursion into the judicial preserve the valid law competently made; invalidating to the is law suffered the court, therefore, needs to carefully scan the law to find out: (a) whether the vice pointed out by court and by invalidity previous cured complying with the legal and constitutional requirements; (b) whether the legislature has competence to validate the law: (c) whether such validation is consistent with the rights guaranteed in part iii of the constitution. ..... ) reported in (2000)2 scc42wherein the hon ble apex court has opined that it is the duty of all the states in india to facilitate the imparting of primary and secondary education and the grant-in-aid to the private schools is a constitutional obligation, which the states cannot ignore and it is also held that state administration cannot plead lack of resources to meet such .....
Tag this Judgment!Court : Karnataka
..... of infrastructural assets on a continuing basis and, therefore, the assessee is a nodal agency formed/created by the government of karnataka as per the guidelines; there is no profit motive as the entire fund entrusted and the interest accrued 10 of therefore, for the purpose of welfare of to the other wing of the assessee has therefrom on deposits in bank though in the name of the assessee has to be applied only for the nation/states as provided in the guidelines; the whole of the fund belongs to the state exchequer and to channelise them to the objects of centrally scheme sponsored infrastructural development for ..... the finding recorded by the tribunal clearly shows that the entire money in question is received for implementation of the scheme which is for a public purpose and the said scheme is implemented as per the guidelines of the central government and, the assessee is only acting as a nodal agency of central government for implementation of these projects. ..... ((1999) 236 itr315 to contend that the grant amount received from the government of karnataka, temporarily kept in fixed deposits till the utilization period has to be treated as the amount capitalized and is not an income to bring in within the tax net under the act.9. .....
Tag this Judgment!Court : Supreme Court of India
..... xxx article6xxx xxx the dominion government guarantees the succession according to law and custom to the gaddi of the state and to nawab s personal rights, privileges, immunities, dignities and titles. 4 5 ..... 1 scc23317 succession to the estate was earlier governed by the rule of primogeniture, in view of the fact that the maharaja had ceased to be the ruler on 01.07.1949, the properties became properties of the family or tarwad to which the ruler belonged and, therefore, the impartible estate became a partible estate when the hindu succession act, 1956 came into force on 17.06.1956.19 ..... the plaintiff also asserted that the muslim personal law (shariat) application act, 1937 was extended to the state of rampur on 01.01.1950 and after ceding the property to the dominion of india and especially after the enforcement of the constitution of india, nawab raza ali khan was a ruler only for the purposes of enjoying the privy purse and some personal rights, privileges, immunities, dignities and titles, but for all other purposes including 9 succession, he was an ordinary citizen of the country ..... 6 of the government of india act, 1935 provided that an instrument of accession was to be executed by the ruler of the state. ..... the only issue to be decided is whether the properties held by nawab raza ali khan would devolve on his eldest son by applying the rule of primogeniture or would be governed by muslim personal law (shariat) application act, 1937 and devolve on all his legal heirs. 10 13. .....
Tag this Judgment!Court : Delhi
..... than that for which it was being used on the date of the coming into force of the periphery control act, 1952 with the permission of the state government and though the punjab periphery policy, 2006 approved by the governor of punjab in exercise of powers vested under the periphery control act, 1952 and the order dated 20.12.2007 of the government of punjab issued in exercise of the powers conferred under section 11 of the periphery control act, 1952 granted exemptions as aforesaid, but on a reading of the conclusions of the state level committee which recommended preparation of land ..... the state of sikkim or the state of meghalaya intended to sue the state of karnataka independently; in terms of article 131 of the constitution the only forum where the dispute between them could have been resolved is this court alone but when such a lis is brought by the state jointly with their agents who had also independent cause of action and had a legal right to maintain writ application questioning the legality and/or validity of the said notification issued by the state, a suit in terms of article 131 of the ..... we have also observed that in the light of the jurisprudence developed by the supreme court, environment is not merely a statutory issue but it is one of the facets of the right to life guaranteed under article 21 of the constitution of india. ..... union of india [(2000) 10 scc664 that environment has different facets and care of the environment is an ongoing process. .....
Tag this Judgment!Court : Delhi
..... than that for which it was being used on the date of the coming into force of the periphery control act, 1952 with the permission of the state government and though the punjab periphery policy, 2006 approved by the governor of punjab in exercise of powers vested under the periphery control act, 1952 and the order dated 20.12.2007 of the government of punjab issued in exercise of the powers conferred under section 11 of the periphery control act, 1952 granted exemptions as aforesaid, but on a reading of the conclusions of the state level committee which recommended preparation of land ..... the state of sikkim or the state of meghalaya intended to sue the state of karnataka independently; in terms of article 131 of the constitution the only forum where the dispute between them could have been resolved is this court alone but when such a lis is brought by the state jointly with their agents who had also independent cause of action and had a legal right to maintain writ application questioning the legality and/or validity of the said notification issued by the state, a suit in terms of article 131 of the ..... we have also observed that in the light of the jurisprudence developed by the supreme court, environment is not merely a statutory issue but it is one of the facets of the right to life guaranteed under article 21 of the constitution of india. ..... union of india [(2000) 10 scc664 that environment has different facets and care of the environment is an ongoing process. .....
Tag this Judgment!Court : Delhi
..... in exercise of the powers conferred by the act, the state government framed himachal pradesh ceiling on land holdings rules, 1973 ..... however, at the same time, it stipulates that in exceptional circumstances the tariff scheme can provide minimum guarantee and the individual case has to be approved by the governing council. ..... provided that the copyright society shall not receive any payment in the nature of minimum guarantee from a licensee whose royalty payments are based on actual use which are to be settled with the society at the end of the licence period except where, any exceptional circumstances are specifically included in the tariff scheme and the individual case has been approved by the governing council. ..... it ensures that the copyright society shall not receive any payment in the nature of minimum guarantee wp(c) no.3143/2013 page 29 of 36 from a licensee whose royalty payments are based on actual use, which are to be settled with the society at the end of the licence period, unless they have an exception which is specified and so stated in the tariff scheme. ..... the said proviso states that minimum guarantee would normally not be imposed on the licensee where royalty has to be paid on the basis of actual use at the end of the licence ..... copyright societies for special reasons feel that an individual should pay minimum guarantee for actual user licensee, they are entitled to impose the said condition. ..... violation of fundamental rights guaranteed under the constitution of india. .....
Tag this Judgment!Court : Karnataka
..... ,4 as noticed above, as well as the fact that in the government order dated 16.02.2010 a specific condition is imposed that the entire expenses of the project shall be borne by the bda out of its resources, that the government will not give any guarantee, that the loan shall be solely availed by the bda and there will be no financial responsibility of the government 235 with respect to the layout being developed by the bda, approval need not have been taken by the bda. ..... . having regard to the settled position of law and the factual matrix as noticed above, it is clear that consequent to the approval granted by the state government on 02.04.2008 approving the scheme and permitting the bda to issue preliminary notification under section 17 of the act, the preliminary notification was issued on 21.05.2008 under section 17(1) and (3) of the act whereunder, it was proposed as follows: whereas it appears to the bangalore development authority, that the lands specified in the schedule hereto likely to be needed for the purpose ie, for the formation of layout called "nada prabhu kempegowda ..... of2014(la-bda) c/w writ appeals no.1795 of2014 1799 of2014 1802 of2014 1803 of2014 1806 of2014 1966 of2014 1970 of2014 1972 of2014 1973 of2014 1982 of2014 1986 of2014 1988 of2014 1989 of2014 2000 of2014 2006 of2014 2009 of2014 2010 of2014 2030 of2014 2032 of2014 2033 of2014 2034 of2014 2035 of2014 2036 of2014 2037 of2014 2045 of2014 2047 of2014 2048 of2014 2052 of2014 2063 ..... no.2000 of2014between:1 .....
Tag this Judgment!Court : Karnataka
..... ,4 as noticed above, as well as the fact that in the government order dated 16.02.2010 a specific condition is imposed that the entire expenses of the project shall be borne by the bda out of its resources, that the government will not give any guarantee, that the loan shall be solely availed by the bda and there will be no financial responsibility of the government 235 with respect to the layout being developed by the bda, approval need not have been taken by the bda. ..... . having regard to the settled position of law and the factual matrix as noticed above, it is clear that consequent to the approval granted by the state government on 02.04.2008 approving the scheme and permitting the bda to issue preliminary notification under section 17 of the act, the preliminary notification was issued on 21.05.2008 under section 17(1) and (3) of the act whereunder, it was proposed as follows: whereas it appears to the bangalore development authority, that the lands specified in the schedule hereto likely to be needed for the purpose ie, for the formation of layout called "nada prabhu kempegowda ..... of2014(la-bda) c/w writ appeals no.1795 of2014 1799 of2014 1802 of2014 1803 of2014 1806 of2014 1966 of2014 1970 of2014 1972 of2014 1973 of2014 1982 of2014 1986 of2014 1988 of2014 1989 of2014 2000 of2014 2006 of2014 2009 of2014 2010 of2014 2030 of2014 2032 of2014 2033 of2014 2034 of2014 2035 of2014 2036 of2014 2037 of2014 2045 of2014 2047 of2014 2048 of2014 2052 of2014 2063 ..... no.2000 of2014between:1 .....
Tag this Judgment!Court : Karnataka
..... ,4 as noticed above, as well as the fact that in the government order dated 16.02.2010 a specific condition is imposed that the entire expenses of the project shall be borne by the bda out of its resources, that the government will not give any guarantee, that the loan shall be solely availed by the bda and there will be no financial responsibility of the government 235 with respect to the layout being developed by the bda, approval need not have been taken by the bda. ..... . having regard to the settled position of law and the factual matrix as noticed above, it is clear that consequent to the approval granted by the state government on 02.04.2008 approving the scheme and permitting the bda to issue preliminary notification under section 17 of the act, the preliminary notification was issued on 21.05.2008 under section 17(1) and (3) of the act whereunder, it was proposed as follows: whereas it appears to the bangalore development authority, that the lands specified in the schedule hereto likely to be needed for the purpose ie, for the formation of layout called "nada prabhu kempegowda ..... of2014(la-bda) c/w writ appeals no.1795 of2014 1799 of2014 1802 of2014 1803 of2014 1806 of2014 1966 of2014 1970 of2014 1972 of2014 1973 of2014 1982 of2014 1986 of2014 1988 of2014 1989 of2014 2000 of2014 2006 of2014 2009 of2014 2010 of2014 2030 of2014 2032 of2014 2033 of2014 2034 of2014 2035 of2014 2036 of2014 2037 of2014 2045 of2014 2047 of2014 2048 of2014 2052 of2014 2063 ..... no.2000 of2014between:1 .....
Tag this Judgment!Court : Karnataka
..... ,4 as noticed above, as well as the fact that in the government order dated 16.02.2010 a specific condition is imposed that the entire expenses of the project shall be borne by the bda out of its resources, that the government will not give any guarantee, that the loan shall be solely availed by the bda and there will be no financial responsibility of the government 235 with respect to the layout being developed by the bda, approval need not have been taken by the bda. ..... . having regard to the settled position of law and the factual matrix as noticed above, it is clear that consequent to the approval granted by the state government on 02.04.2008 approving the scheme and permitting the bda to issue preliminary notification under section 17 of the act, the preliminary notification was issued on 21.05.2008 under section 17(1) and (3) of the act whereunder, it was proposed as follows: whereas it appears to the bangalore development authority, that the lands specified in the schedule hereto likely to be needed for the purpose ie, for the formation of layout called "nada prabhu kempegowda ..... of2014(la-bda) c/w writ appeals no.1795 of2014 1799 of2014 1802 of2014 1803 of2014 1806 of2014 1966 of2014 1970 of2014 1972 of2014 1973 of2014 1982 of2014 1986 of2014 1988 of2014 1989 of2014 2000 of2014 2006 of2014 2009 of2014 2010 of2014 2030 of2014 2032 of2014 2033 of2014 2034 of2014 2035 of2014 2036 of2014 2037 of2014 2045 of2014 2047 of2014 2048 of2014 2052 of2014 2063 ..... no.2000 of2014between:1 .....
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