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Judgment Search Results Home  Phrase:karnataka value added tax act section 15  Page:7

Jan 16 1998

M/s. Vyalikaval House Building Co-operative Society, Bangalore Vs. Smt ...

  • Decided on : 16-Jan-1998

Court : Karnataka

Reported in : 1999(4)KarLJ143

... . This Court considered the Report of the Joint Registrar of Co-operative Societies in the case of Narayana Reddy and Another v State of Karnataka and Others. Afterconsideration of the aforesaid Report and various decisions with reference to each of the case, this Court concluded in that case as ... and to the knowledge of the petitioners no awards have been passed and the petitioners or the predecessors in title have received Sections 9 and 10 notices nor Section 12 notices with regard to acquisition of their lands. The petitioners were served with a notice issued by the City Civil Court, ... No. 8194 of 1987.The writ petitioner in that case had challenged the acquisition made by the State Government under the Land Acquisition Act, 1894 (for short the 'Act') insofar as it related to her property. Similarly, in other writ petitions the respondents herein had challenged the acquisition with respect to ... judgment of the Apex Court. Such an apprehension is misconceived in view of the judgment of this Court in Smt. Hanumakka v State of Karnataka and Others, wherein it is specifically held:'We agree with the submission of the learned Counsel for appellants that law laid down by Supreme ... the expense of the writ petitioners and others similarly situated. The lands, the subject-matter of the present litigation, had been acquired under the Act vide final notification issued on 21st of February, 1986. Such an acquisition was challenged in various writ petitions including W.P. Nos. 17775 and ...

Jul 07 2005

Sudhir Kumar Vs. G. Lakshman

  • Decided on : 07-Jul-2005

Court : Karnataka

Reported in : 2005CriLJ4173; ILR2005KAR4191

... the statement of the petitioner herein was recorded Under Section 313 of Cr. P.C. When the matter is posted for recording defence evidence, the present application Under Section 197 Cr. P.C, r/w Section-170 of Karnataka Police Act and Under Section 40 of the Arms Act came to be filed by the petitioner and the same ... is yet to lead his evidence, it may be difficult for the trial Court to come to the correct conclusion on the question of prior sanction. Added to it, the criminal case is of the year 1985 and the same is pending adjudication since 20 years. It is not in dispute that the ... 1. The application filed by the Petitioner Under Section 197 Cr. P.C. r/w Section 170 of the Karnataka Police Act and Section 40 of the Indian Arms Act before the trial Court is rejected. The said order is confirmed by the Sessions Court in Criminal Revision Petition No. 05/2003. Both these orders are ... R.P. No. 5/2003. Both the orders of rejection of the application filed by the petitioner Under Section 197 of Cr.P.C., r/w 170 of Karnataka Police Act and Under Section 40 of Arms Act are called in question in this criminal petition.4. Learned S.P.P., appearing on behalf of the ... (respondent herein) in crime No. 244/1984 for the offence punishable Under Section 25 of the Arms Act.Thereafter, on 26.10.1984, the respondent herein lodged complaint Under Section 200 Cr. P.C, against the petitioner herein alleging offence punishable Under Section 500 of I.P.C. The averments made in the said complaint ...

Jul 30 1998

D.M. Nagaraja Setty Vs. The Registrar of Co-operative Societies in Kar ...

  • Decided on : 30-Jul-1998

Court : Karnataka

Reported in : [1999]95CompCas498(Kar); 2000(1)KarLJ595

... on 12th June, 1981 in terms of Section 45 read with Section 56(zb) of the Banking Regulation Act, 1949 being in certain financial problems and attendant question arising thereto. Registrar of Co-operative Societies formulated a scheme as provided under Section 14B of the Karnataka Co-operative Societies Act (hereinafter referred to as 'the Act') proposing to amalgamate the transferor and transferee ... Section 14B of the Karnataka Co-operative Societies Act (hereinafter referred to as 'the Act') proposing to amalgamate the transferor and transferee bank in public interest. A draft scheme was framed inviting objections thereto. After considering the objections if any, a scheme Annexure-A was finalized with the approval of the Reserve Bank of India in terms of Section 14A of the Act ... for consideration of the President of Indiaand obtained his assent. Karnataka Co-operative Societies Act was placed before the President of India for his consideration and it received the President's assent on 11th August, 1959. The scheme of amalgamation was prepared under Section 14-B of the Act which had received the assent of the President of India and ... under paragraph 11 and therefore consequential action taken by the respondent is also bad. Scheme of amalgamation was prepared in exercise of the powers conferred by Section 14-B of the Act. Article 31-A(c) of the Constitution of India provides that notwithstanding anything contained in Article 13, no law providing for the amalgamation or two or ...

Feb 22 2000

The United India Insurance Company Limited, Bangalore Vs. S. Siddeswar ...

  • Decided on : 22-Feb-2000

Court : Karnataka

Reported in : I(2001)ACC764; 2001ACJ1621; 2001(1)KarLJ573

... the accident cannot be disputed having regard to the general principles of law as also having regard to the violation of the obligation imposed by Section 84 of the Act which provides that no person driving or in charge of a motor vehicle shall cause or allow the vehicle to remain stationary in any ... . The dictum in Abdul Ghafoor and Others v The New India Assurance Company and Others, to the following effect was relied on.-- 'Under Section 95 of the Motor Vehicles Act the insurer is responsible for the liability which may be incurred by the owner (the person insured) in respect of bodily injury caused to ... the Insurance Company is liable, if a claim is made against the owner by third parties. In that case, the provisions of Section 95(1)(b)(i) of the Motor Vehicles Act was considered. The provisions read as follows.-- 'In order to fix liability on the Insurance Company, the liability must be first established ... Act the insurer is responsible for the liability which may be incurred by the owner (the person insured) in respect of bodily injury caused to any person by him or by his employees arising out of the use of a vehicle in a public place. Section 96 compels the insurer to satisfy the judgments ... (i) that there should be a judgment or decree against a person insured; (ii) that the judgment is in respect of liability covered by the policy under Section 95(1)(b); and (iii) that the liability, in fact, is covered by the terms of the policy. Where therefore the claim is liable to be ...

Sep 26 2001

A. Puttarajaiah Vs. The Commissioner, Bangalore Mahanagara Palike and ...

  • Decided on : 26-Sep-2001

Court : Karnataka

Reported in : 2002(2)KarLJ391

... employees are to be kept under suspension pending decision of the departmental enquiry or the criminal proceedings. The Lokayukta either under the service rules of the Corporation or under the Karnataka Lokayukta Act, 1984 has got no power either to direct the Corporation to keep the official under suspension or to revoke the suspension. Under these circumstances, there is no reason for ... of the Prevention of Corruption Act, 1988. Similarly the Lokayukta registered one more case against another employee Sri C. Andani having found that he was also possessing the properties disproportionate to his income. Pursuant to these proceedings the Corporation kept both the petitioner and Sri C. Andani under suspension under Rule 10(1)(b) of the Karnataka Civil Services (CCA) Rules, ... 2001 as per Annexure-C regarding revocation of suspension in respect of both the officers. Pursuant to this the Additional Director General of Police attached to the office of the Karnataka Lokayukta had written a letter to the Commissioner to release the ARO i.e., one Sri C. Andani from suspension with an observation that he may be posted to ... of revocation of suspension of Sri C. Andani till the criminal case registered against him is decided. If during thependency of the criminal proceedings initiated under the Prevention of Corruption Act, if such officer is allowed to be continued in service by revoking the order of suspension it virtually amounts sending a wrong message to officials who really indulge in ...

Jan 28 2004

Wg. Cdr. Dr. Anil Roy Vs. Shantesh Gureddi

  • Decided on : 28-Jan-2004

Court : Karnataka

Reported in : 2004(3)KarLJ467

... in breach of mandatory provision of Section 230A would render the registration void and ineffective and, therefore, no title passed to the petitioner under Ex. P. 1. This submission fails to take note of the fact that the total consideration received under the deed of transfer is only Rs. 24,00,000/-. Section 230A of the Income-tax Act, 1961 is not attracted to ... application made for eviction of the tenant was made under the provisions of the Karnataka Rent Control Act, 1961 ('the previous Act' for short) and not under the present Rent Act. The proviso speaks of an application made under Section 27 of the Rent Act and not an application made under the previous Act. Matters of procedure are governed by the rules that exist at the particular ... . No. 75 of 2001. The Court below allowed the petition filed by the landlord under Section 27(2)(r) of the Karnataka Rent Act, 1999 ('the Rent Act' for short) and ordered eviction of the tenant from the petition premises. The petition under Section 27(2)(a) of the Rent Act has been dismissed. No revision is preferred by the landlord against the said dismissal.2 ... Rent Act. The said proviso reads;'Provided that where the landlord has acquired the premises by transfer, no application for recovery of possession of such premises shall lie under this clause unless a period of one year has elapsed from the date of acquisition'.(emphasis supplied)The application made for eviction of the tenant was made under the provisions of the Karnataka ...

Jan 18 2005

Taluka Shikshana Prasaraka Mandalis Vs. State of Karnataka, rep. by it ...

  • Decided on : 18-Jan-2005

Court : Karnataka

Reported in : ILR2005KAR1415; 2005(3)KarLJ378

... is the contention of the petitioner that Order at Annexure-B is arbitrary and bad in law and does not conform to the statutory requirements of Rule 12 of the Karnataka Educational Institutions (Recruitment and terms and conditions of service of Employees in aided colleges of Education and Teachers of training Institute) Rules 2001. 4. The provisions of Rule 12 is ... Respondent would clearly disclose that at the instance of the MLA the impugned Order at Annexure- B is passed as a special case. There is no provision under the Education Act and Rules for the Government to shift the post from one aided Institution to other aided Institution. Nextly, regarding transfer of employee, from one management to other management the conditions ...

Jul 31 1984

Abdul Basheer Vs. State of Karnataka and Ors.

  • Decided on : 31-Jul-1984

Court : Karnataka

Reported in : ILR1985KAR298

... .4. That is not the case here. Transfer from one post to another or one place to another is incidental to the services under the State. Rule 20A of the Karnataka Civil Services1. : (1978)ILLJ6SC Rules makes it abundantly clear. Therefore, these memorandums must be read as no more than guidelines and if they interfere with the power of transfers as ... of State of Uttar Pradesh vs . Chandramohan : (1978)ILLJ6SC . It has been observed therein that if instructions of the Government in any form do not violate any provision of the Act or of the Rules which fell for consideration before the Supreme Court, then those instructions should be held to be binding on the Government, It was so stated having regard ...

Aug 29 1985

State of Karnataka Vs. Jayashree

  • Decided on : 29-Aug-1985

Court : Karnataka

Reported in : ILR1986KAR820

... for a particular purpose in ODP/CDP/Master Plan prepared by Planning Authority. According to Section 14 of Planning Act every land use, every change in land use and every development in the area covered by plan should conform to the provisions of the Act. Sections 15 to 18 provide for obtaining permission from concerned authority to use land for a purpose other ... body.'4. Sri S. Lakshminarayana, Learned High Court Government pleader, relying on certain provisions of Karnataka Town and Country Planning Act, 1961 (hereinafter referred to as 'Planning Act') contended that impugned order is clearly illegal and order made without reference to provisions of Ceiling Act and Planning Act suffer from errors apparent on the face of record. It is contended inter alia that ... Gowda, J.1. Order dated 15-11-1982 of Special Deputy Commissioner, Bangalore, declining to accord permission for conversion of agricultural land into non-agricultural land under Section 95 of the Karnataka Land Revenue Act (hereinafter referred to as the 'Revenue Act') has been set aside by the Appellate Tribunal as per impugned order with a further direction to accord sanction for conversion ... the making of any material change in use of any building or other land. Under Sub-section (4) of Section 15, if any person does any work on, or makes any use of, any property in contravention of Section 14 or of Sub-section (1) of this section, Planning Authority may direct such person by notice in writing, to stop any such work in ...

Nov 21 1986

Krishnamurthy Vs. Hemanna

  • Decided on : 21-Nov-1986

Court : Karnataka

Reported in : ILR1987KAR1466

... in case of other defendants who were the original vendors and on whom lands were settled under the aforesaid Act, Section 43 of the T.P. Act would apply in full vigour...............'16. In the instant case, B.S. Ramakrishnappa and Gowramma had got the ... of Karnataka Appellate Tribunal are void, and are not binding on the appellants ;3) Alternatively, the grant of occupancy fights in favour of defendants 2 and 3, by the Appellate Tribunal, enures to their benefit, as per Section 55 read with Section 43 Transfer of Property Act ; and4 ... evidence and except in cases like those under Section 43 of the Transfer of Property Act, when a grant is fed by estoppel, the rule does not operate to create interest in property regarding which the representation in made....'15. In Anand Padban v. Dhuba Mohanty, 10. ... Act held that where the land was settled on heir of the original vendors, Section 43 would have no application as the land was settled on these defendants in their own right and not as heirs of the original landlords but in case of other defendants who were the original vendors and on whom lands were settled under the aforesaid Act, Section ... Act have become final and are binding on the plaintiff's and their vendor. The land had not been converted. Thus holding, it dismissed the suit.8. Mr.V. Krishna Murthy learned Counsel for the appellants, contended as follows :-1) Land having been converted by, Michael, appellants are entitled to hold it as a converted land ;2) The orders of Karnataka ...

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