Judgment Search Results Home > Cases Phrase: tokyo convention act 1975 section 6 jurisdiction Court: karnataka Page 4 of about 3,386 results (0.086 seconds)

Bharat Gold Mines Officers' Association, Kolar Gold Fields and Ors. Vs ...

Court : Karnataka

Reported in : AIR2001Kant257; 2002(1)KarLJ130

..... if he violates it, apart from the civil liability which will be of a recurring nature, he incurs the penal liability not only under section 25-r of the act but under many other statutes'.these are the questions which are answered by the apex court while deciding excel wear's case, supra.33, the case ..... the rot set in in this century old mine and whether the tribunals in performance of their sacred duty of finding ways and means to revive the sick industry, have erred in their jurisdiction and whether this court can interfere in exercise of its powers under articles 226 and 227 of the constitution of india.31. ..... the learned standing counsel for the central government, sri ashok harnahalli, having regard to the order of the bifr under section 20(1) of the sica submitted that it is for the company court to take all the circumstances into consideration including the opinion of the board and it is not for this court in ..... view of the winding up proceedings submitted to the high court, it is too late in the day for this court to quash the orders of the bifr and aaifr in exercise of its jurisdiction under articles 226 and 227 of the constitution of india. ..... respondents have also assailed the jurisdiction of this court in interfering with the orders of the tribunal in exercise of powers under articles 226 and ..... invoking the jurisdiction of the high court under article 226 of the constitution of india came up before a bench of five judges before the supreme court ..... the jurisdiction of the high .....

Simpson and Group Companies Workers and Staff Union Vs. Amco Batteries ...

Court : Karnataka

Reported in : [1991(61)FLR708]; ILR1990KAR3568; 1990(3)KarLJ222

..... of the delhi high court has, while construing section 18 of the trade unions act, held that it does not bar the jurisdiction of civil court either to entertain the suit in regard to trade dispute or pass an ad-interim injunction order. 14. mr. ..... narasimha murthy tried to distinguish the said decision on the ground that no reference is made to section 18 of the trade union act, and therefore, it is no authority on the point in question. ..... in truth, the crofter case has made section 1 of the trade disputes act, 1906, largely unnecessary, for there will now be few conspiracies arising out of trade disputes which are not protected at common law. ..... i do not think that protection under section 18 of the trade unions act to the workers gets enlarged or constricted depending upon 'strike' situation or 'lock-out' situation. ..... the workers are entitled to the protection of section 18 of the trade unions act even if the strike is illegal under section 24(l) of the industrial disputes act. 19. ..... the acts complained of in the main by the managements cannot, in my opinion, be said to be violent or tortious, so as to demolish the immunity under section 18 of the act and to facilitate the management to seek the reliefs asked for in the present suits, except to the extent rightly conceded to by the learned counsel for the defendants.' mr. ..... each case must depend very largely upon its attending facts and circumstances as to whether or not particular acts complained of are protected under section 18 or not. .....

Oriental Insurance Co. Ltd. Vs. Shivalingamma and ors.

Court : Karnataka

Reported in : 1999ACJ1484

..... that it is not liable to indemnify the insured with reference to sums awarded under section 140 or that it is to indemnify the insured only to the extent amount under final award memos the amount awarded under section 140, and if such plea be held open to insurance company then the whole purpose of the provision of law under section 146 of the act lay emphasis and making it compulsory and obligatory for owner of vehicle to get the ..... learned counsel further submitted that under the motor tariff rules, 1989 as framed under section 64-uc of the insurance act, 1938 the requirement is that both the tractor and the trailer must be insured with the same insurer and not with ..... kokilaben chandravadan, 1987 acj 411 (sc), in the context of section 94 of motor vehicles act, 1939 (which is equal to section 146 of act of 1988) observed in para 13 as under:in order to divine the intention of the legislature in the course of interpretation of the relevant provisions there can scarcely be a better test than that of probing into the motive and ..... sub-section (7) of section 149 very clearly provides that no insurer to whom the notice is given as referred to in sub-section (2) or subsection (3) of the act shall be entitled to avoid his liability to any person entitled to benefit of any such judgment or award as is referred to in sub-section (1) or judgment referred to in sub-section (3) otherwise than under the provisions of sub-section (2) or the corresponding law of reciprocating country as the .....

The Tabocco Institute of India Vs. Union of India

Court : Karnataka

..... has observed that in the absence of domestic law occupying the field, to formulate effective measures to check the evil 274 of sexual harassment of working women at all work places, the contents of international conventions and norms are significant for the purpose of interpretation of the guarantee of gender equality, right to work with human dignity in articles 14, 15, 19(1)(g) and 21 of the constitution and safeguards against sexual harassment implicit therein. ..... act, 1975 was enacted to provide for the development under the control of the union, tobacco industry, vide section 2 of the said act ..... which are expressly allocated to the department of health and family welfare coming under the ministry of the same name, in my view, it is that ministry which has the authority and jurisdiction to bring about the rules pertaining to specific health warning and not any other 279 department under the government of india. ..... the provisions of fctc while framing the rules, that does not render the action of the health ministry immune from challenge on the ground that it had no jurisdiction or power to unilaterally frame such rules, or for that matter, on the ground that they were manifestly arbitrary and unreasonable.99. ..... that merely because the rules framed by the health department had been placed before the parliament as required under section 31(3) of cotpa, the same will not make any difference as regards the power and jurisdiction of the court to pronounce on the validity of the rules. .....

State Bank of KarnatakA. Vs. R.K. Powergen Pvt Ltd and ors.

Court : Karnataka

..... the case of m/s raja motors [supra] is not an authority for referential legislation; that the judgment in the case of kennambttal widia india ltd [supra] has no relevance, as it was not considered the scope of a notification granting exemption under section 8(a) of the act and examination was in a totally different context and in so far as the decision in the case of nagar mahapalika, barelly [supra] is concerned, it is submitted that examination was in the context as to whether the product fitted into ..... that the words 'part' and 'accessories' having not been defined either in the main part of the act or within the scope of the entry as it occurs in the schedule and that section 2(b) of the act providing for supplementing the meaning of word and phrases used in this act, but not defined to be the same as defined/attributed in the karnataka sales tax act, 1957 and therefore it is an instance of referential legislation to borrow and supplement the meaning of words and ..... goods/items of the assessee being tools similar to drill bits, cannot be brought to tax even under entry 52 of first schedule to the act and further reasoning is that both the enactment being karnataka legislation to levy and collect tax and it is in combination to the definition to section 2(b) providing for adoption of meaning assigned to words not specifically defined in the act, as defined in the kst act, the circular equally applies for understanding the scope of entry 52 of first schedule to .....

Smt Archana Pradhan Vs. State Of Karnataka

Court : Karnataka

..... , 1973, praying to issue a writ in the nature of habeas corpus directing respondents no.6 and7to secure the release of advik pradhan and transfer his physical custody to the petitioner to enable the petitioner to act in the best and paramount interest of the child including to regulate his school/education matters and issue any appropriate writ/order/direction whereby respondent no.6 is directed to ensure safe return of advik pradhan to ..... as regards the non-convention countries, the law is that the court in the country to which the child has been removed must consider the question on merits bearing the welfare of the child as of paramount importance and reckon the order of the foreign court as only a factor to be taken into consideration, unless the court thinks it fit to exercise summary jurisdiction in the interests of the ..... in germany; rajendra is prepared to accept archana despite her affairs in germany provided she is prepared to relocate to bangkok or india; as per section 6 of the hindu minority and guardianship act, 1956, father is the natural w.p.h.c no.79/2023 10 guardian of a child aged more than five years. ..... as per section 6 of hindu minority and guardianship act, 1956, custody of a male child aged ..... habitual residence on the principle of comity of courts for the determination of child s best interest; w.p.h.c no.79/2023 8 petitioner is the natural guardian and therefore, advik should be handed over to her as per section 6 of hindu minority and guardianship act, 1956. .....

Sri.u. Ajay Kumar Vs. The Union Of India

Court : Karnataka

..... the apex court quotes section 59 of the juvenile justice act and observes that statutory requirement in cases of adoption cannot be deviated by the writ court in exercise of its jurisdiction under article 226 of the ..... therefore, in the best interest of the child with respect to the fundamental rights of the child and to prevent abduction, sale, trafficking of children, articles of convention were drawn in the nature of declaration on social and legal principles relating to protection and welfare of children, with reference to foster placement and adoption nationally and ..... of all inter-country adoptions, the authority shall issue no objection certificate in favour of the adoption of the child within ten days from the date of receipt of certificate issued under article 5 or 17 of the hague adoption convention from receiving country and a copy of the same shall be forwarded to the authorized foreign adoption agency or central authority concerned. ..... hague convention, certain regulations are promulgated by government of india by a notification issued on 23-09-2022 in exercise of powers conferred under clause (c) of section 68 read with clause (3) of section 2 of the juvenile justice (care and protection of children) act, 2015 ..... each contracting state shall, at the time of signature, ratification, acceptance, approval or accession, notify the depositary of the convention of the identity and the functions of the authority or the authorities which, in that state, are competent to make the .....

Indian Machine Tool Manufacturers Association Rep.by Executive Directo ...

Court : Karnataka

..... ) the substitution for the words whether or not such marriage or reception or matters related therewith regularly conducted with the words and includes seminar, convention, banquets, meeting or exhibition-cum-sale hall or such other hall a may be specified by the commissioner whether functions are conducted in such halls or not by karnataka act no.4/99, in section 2(5-b), definition of marriage hall, must be read and understood as if the inclusive portion is governed by the latter phrase whether functions are conducted in such ..... 14.10.2008 annexure-c rejecting the petitioners contention and sought payment of tax for the years 2007-08 and 2008-09 (upto october 2008) together with a proposal to levy penalty under section 7 of the act, and if not complied within three days, therefrom, would be presumed that the petitioner has no objection to the proposed assessment, while threatening to pass a confirmation order. ..... it is contended that accepting the report of the commissioner to cover biec to fall within the definition of marriage hall, the state acted ultra vires the powers conferred on it under entry 62 list ii, vii schedule of the constitution of india which is without jurisdiction and calls for striking down sec.2(5-b) as unconstitutional to the extent of bringing within its purview, every hall, chargeable to tax under sec.3-c of the act. 8. .....

Kumari Shubha Vs. State by Station House Officer

Court : Karnataka

Reported in : 2004CriLJ2797; 2004(4)KarLJ240

..... that as the learned judge had almost made up his mind and was about to dictate the order in the first bail application as is laid down in shahzad hasan's case, supra, the convention of the courts that subsequent bail application should be placed before the same judge who could have passed the earlier order and the judicial discipline has to be maintained to prevent the abuse of process ..... in the case of shahzad hasan khan, supra, while considering the facts of the case especially regarding the propriety of the courts and convention wherein successive bail applications are filed, the hon'ble supreme court observed thus:'where successive bail applications of an accused were rejected by a particular judge of the high court, ..... was obvious as she was sure of loosing the bail application and as such he reiterated that in the light of the pronouncement of the hon'ble supreme court referred to above, propriety and convention would require that the matter has to be heard by the same judge and not by this court.10. ..... where the cancellation is sought for on grounds different from those which existed at the time of granting bail, the conventional practice of placing the matter before the same learned judge need not be followed as if it is a statutory requirement ..... police station, bangalore, for the offence punishable under sections 302, 201 and 120b of the ipc.2. ..... as the judicial precedent on facts though counsel, and even judges, are sometimes prone to argue and to act as if they were; said bose, j. .....

Mangalore R.K. Beedies Vs. Mohammed Hanif

Court : Karnataka

Reported in : ILR1993KAR2393; 1993(3)KarLJ37

..... the word 'trademark' means in relation to any provision other than chapter x of the act, vide section 2(v):*** *** ***(ii) in relation to the other provisions of this act, a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right either as proprietor or as registered user, to ..... . having regard to the nature of product, areas where they are marketed and the section of society using the goods, we can safely conclude that a period of four years is sufficient to establish the link between the plaintiff and their trade mark and name, in the minds of ..... the plaintiff proves that the plaintiff's firm is a registered partnership firm under the indian partnership act, dealing in the manufacture and sale of handmade beedies since 1974 under the name and style ..... the term 'deceptively similar' has been defined in section 2(d) as: 'a mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or ..... sub-section (2) of section 27 makes it clear that nothing in the act shall be deemed to affect rights of action against any person for passing off goods as the goods of another person or the remedies in ..... rathnasabhapathy, 1975 (2) klj 505 referred to the essence of passing-off action as follows:'the gist of a passing off action is that a person has no right to pass off his goods as the goods of .....