Court : Karnataka
Reported in : ILR1997KAR1573
..... in the same enactment, by the implication of the context, and even by considerations arising out of what appears to be the general scheme of the act.'the learned chief justice proceeded to state:'...an endeavour must be made to solve it, as the judicial committee have said, by ..... of the agreements executed and covenants made in favour of the former rulers. while interpreting the constitution, the court is required to gather the general spirit of the constitution, by applying various well recognised methods of interpretation of statutes. if the. offending statute does not contravene the constitutional guarantees ..... s case4 (supra) the 'material resources' were explained as:-'the next question for consideration is whether the coking coal mines (nationalisation) act is a law directing the policy of the state towards securing 'that the ownership and control of the material resources of the community are so distributed ..... the right of property save by authority of law, clause (2) dealt with compulsory acquisition of the property. vide constitution (44th amendment) act, 1978, article 31 was omitted. clause (1) of the said article was taken away from the chapter of the part iii of the constitution and inserted a article 300 ..... in this forum. the learned judges of the federal court gave an answer to a similar complaint of the taluqdars of oudh made by them against the united provinces tenancy act 17 of 1939 in - 'jagannath baksh singh v. the united provinces :'we desire, however, to point out that .....Tag this Judgment!
Court : Karnataka
Reported in : 1998CriLJ4756; 1998(5)KarLJ228
..... objections and the annexure-r1 that was produced in the writ petitions. as far as the originals of the last two documents are concerned, the registrar-general shall, after the certified copies have been prepared, ensure that these are taken out from the record of the writ petitions, that they are placed ..... that it isexpedient in the interest of justice for an enquiry to be made into the charges levelled against respondent 3. for this purpose, the registrar-general shall file a formal complaint addressed to the 7th additional chief metropolitan magistrate, bangalore city, as per the draft complaint that has been submitted and ..... decision after evaluating the respective positions. in all matters of fact therefore, it is not only a question of ethics, but an inflexible requirement of law that every statement made must be true to the extent thatit must be verified and correct to the knowledge of the person making it. when a ..... client instructs his learned advocate to draft the pleadings, the basic responsibility lies on the clients because the advocate being an officer of the court acts entirely on the instructions given to him, though the lawyer will not be immune from even a prosecution. if the situation is uncertain it is ..... it is absolutely essential to take such corrective action whenever an instance of the present type arises. with these directions, la. ii to stand disposed of.the registrar-general to act accordingly.a copy of this order to be furnished to all the parties forthwith. .....Tag this Judgment!
Court : Karnataka
Reported in : 1998(3)KarLJ195
..... of the employer and the other from the stand point of the employee. if an activity falls into either part, it will be an industry within the meaning of the act. (ii) the history of industrial disputes and the legislation recognises the basic concept that the activity shall be an organised ..... the officer is liable the state cannot be sued. the liability of the officers personally was not doubted even in viscount canterbury v attorney general. but the crown was held immune on doctrine of sovereign immunity. since the doctrine has become outdated and sovereignty now vests in the people ..... to determine if the legislative or executive function is sovereign in nature is whether the state is answerable for such actions in courts of law. for instance, acts such as defence of the country, raising armed forces and maintaining it, making peace or war, foreign affairs, power to acquire and ..... legislature is free to legislate on topics and subjects carved out for it. similarly, the executive is free to implement and administer the law. a law made by a legislature may be bad or may be ultra vires, but since it is an exercise of legislative power, a person affected ..... between sovereign and non-sovereignpowers for which no rational basis survives has largely disappeared. therefore, barring functions such as administration of justice, maintenance of law and order and repression of crime etc., which are among the primary and inalienable functions of a constitutional government, the state cannot claim any .....Tag this Judgment!
Court : Karnataka
Reported in : AIR2001Kant171; 2001(4)KarLJ31
..... to him of administration to the estate of the deceased, or (ii) a certificate granted under section 31 or section 32 of the administrator general's act, 1918 and having the debt mentioned therein, or (iii) a succession certificate granted under part x and having the debt specified therein, or (iv) a certificate ..... clause (a), (b) or (c) of section 115 of the civil procedure code. the impugned order cannot be said to suffer from any error of law affecting the jurisdiction. the trial court without going into the question as to whether partition had taken place or not among the heirs has directed the ..... civil procedure code, i find that it provides as under: '146. proceedings by or against representatives.--save as otherwise provided by the code or by any law for the time being in force, where any proceeding may be taken or application made by or against any person then the proceeding may be ..... and sri javid hussain, learned counsel for respondent 1. 9. the learned counsel for the revision petitioner contended that the trial court erred in law in holding the execution petition to be maintainable even without furnishing or filing of the probate and succession certificate by relying on the single decision of ..... reference to certain decisions and thereafter it held that the objections were frivolous in view of section 146 of the code of civil procedure and the law laid down by this court in t. ramaiah v k.s. roopraj and others. as regards the objection regarding the boundaries, the execution .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1997KAR1810
..... me requested to indicate the arrangements made by the state government for the conduct of the contest. as the state government has not made any arrangements, except arrangements related to law and order and allied matters, no reply was sent to the aforesaid letter. the correspondence in this regard is what has been referred to hereinbefore. 4. i submit that ..... the air force authorities at bangalore could have thereafter directly entered into a dialogue with the third respondent company and after assessment accepted the ground rents and made available a part of the defence grounds putting substantial strains on the safety measures of sensitive defence establishments. even if it be conceded that taking care of the safety and security of ..... been enacted for safeguarding the government against unauthorised contracts. the provisions are embodied in section 175 of the government of india act and article 299(1) of the constitution on the ground of public policy - on the ground of protection of general public - and these formalities cannot be waived or dispensed with.'14. keeping in view the said aspects, under order ..... b. corporation limited (hereinafter in short the 'the company') on rental basis for conducting certain events connected with a purely commercial venture, namely, the 'miss world beauty pageant, 1996'2. the present writ petition has been filed as a public interest litigation. the petitioner, apart from being a practicing advocate of this court and sitting mla, is an active social .....Tag this Judgment!
Court : Karnataka
Reported in : 2000ACJ438; ILR1998KAR3733; 1998(5)KarLJ587
..... the error of the court below. section 115 of the code of civil procedure circumscribes the limits of that jurisdiction but the jurisdiction which is being exercised is a part of the general appellate jurisdiction of the high court as a superior court. it is only one of the modes of exercising power conferred by the statute; basically and fundamentally it is ..... when a person approaches the high court, he approaches high courts for exercise of its appellate jurisdiction over the order passed by the court subordinate to high court. it is general appellate jurisdiction. no doubt, its exercise is circumscribed by the conditions and manner provided as to when it shall be exercised. but as their lordships laid down, basically and fundamentally ..... of full bench of the allahabad high court in the case of h.c.d. mathur, secretary of the national federation of railways v e.i. railway administration through its general manager, their lordships held that.-'as a matter of fact, the question as to what are and what are not civil courts falls to be determined under two enactments relating ..... , '(1) the court of the district judge; (2) the court of additional judge; (3) the court of the civil judge; and (4) the court of the munsiff'. '(13) thus, while the law prevailing in the agra province limits the civil courts to the classes enumerated in the bengal, agra and assam civil courts act, the oudh act permits the creation of such courts by other .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1998KAR3418; 1998(6)KarLJ364
..... promotion. whenever there is an element of selection or element of upgradation or promotion the guidelines stipulates the relaxation. hence, institute should provide one year relaxation compared to general candidates under standard norms from the date the facility has been withdrawn'.20. keeping in view the above recommendations of the commission, the council passed the impugned resolution ..... fallen in line with the government policy in respect of reservations. the governing council of the institute resolved that.-'the reservation of posts for scheduled castes and scheduled tribes generally on the lines indicated on the government of india communication, be implemented with effect from 1st april, 1971 and the director be authorised to take all necessary steps ..... court, it has to be concluded that under the scheme of equality envisaged under the head 'right to equality' in part iii of the constitution of india comprising of articles 14 to 18, according to the law as it stands on the date, relaxations, concessions/exemptions and preferences can be given to the backward class of citizens only ..... an educational institution engaged in discharging a governmental function, that is, imparting of education; (ii) it is a deemed university regulated by the statutory provisions of the university grants commission act; (iii) it is administered and managed under a statutory scheme framed under charitable endowments act; (iv) for its day-to-day management, it primarily depends on public funds. 7 .....Tag this Judgment!
Court : Karnataka
Reported in : 52ITR987(KAR); 52ITR987(Karn)
..... there is any conflict, about which i do not propose to pronounce, between these two provisions, the special provision must prevail as against the general provision. this much appears to me to be absolutely clear. neither the act nor the constitution prohibits double taxation : see cantonment board, poona v. western india theatres ltd. the fact that both the registered firm as well ..... ) or sub-section (4), as the case may be, - (a) in the case of a registered firm, (i) the income-tax payable by the firm itself shall be determined; and (ii) the total income of each partner of the firm, including therein his share of its income, profits and gains of the previous year, shall be assessed and the sum payable ..... )(a) is ultra vires as the same was beyond the legislative competence of parliament when it was enacted in 1956; and (3) section 14(2)(aa) is void as it offends article 14 of the constitution. 2. to appreciate the contentions advanced, it is necessary to mention the material facts. the assessment which is impugned in the present proceedings relate to the ..... takes us to the last contention of sri srinivasan that section 14(2)(aa) of the act is void as it conflicts with the equality clause found in article 14 of the constitution. section 14(2)(aa) has intimate relationship with section 23(5)(a). section 14(2) reads as follow : '14. (2) the tax shall not be payable by an assessee - (a) if a .....Tag this Judgment!
Court : Karnataka
Reported in : 1993ACJ877; AIR1992Kant301; ILR1992KAR392
..... of any other high court is brought to our notice construing sections 73 and 77 of the act as they stand after their coming into force of act no. 71/72. therefore, we are of the view that the appeal involves a substantial question of law of general importance which needs to be decided by the supreme court. hence, we grant the certificate under ..... . union of india wherein it is held : wagon catching fire neither railway authorities nor their servants responsible for fire - origin of fire not attributable to any fault on the part of railway -- railway servants immediately isolating wagon and fighting with lire with extinguishers and buckets of water salvage of goods not possible railway authorities held were not negligent.'ultimately, he ..... consignment was damaged for reason beyond the control of railwayadministration? 6. whether the railway is not liable for reason under s. 77(2) railway act? 7. whether the loss or damage is referrable to negligence of misconduct on the part of railway? 8. whether the amount claimed in the plaint is not due to the plaintiff towards the loss of consignment? 9 ..... rate, the railway administration shall not be responsible for such loss, destruction, damage, deterioration or nondelivery except on proof of negligence or misconduct on the part of the railway administration or of any of its servants. (2) the railway administration shall not be responsible in any case for the loss, destruction, damage,deterioration or non-delivery of goods carried by railway, .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1991Kant79
..... weights and measures or numbers and provided with the matters connected therewith or incidental thereto. the act is divided into eight parts. while part i relates to the preamble, the definitions, the applicability of the act overriding the provisions of other laws, its title, extent and commencement, part viii deals with certain miscellaneous provisions, such as, survey and statistics, provisions relating to conversion ..... always the consumer movements are poorly financed, usually unpaid and often not very impressive in their presentation of facts and conclusions, they nevertheless are able to encounter a generally sympathetic public with confidence and the movement has slowly and steadily gathered momentum. from the business community consumer movement has met with the fiercest opposition, a posture which ..... petitions under art. 226 of the constitution the petitioners have sought for a declaration that s. 39 of the standards of weights and measures act, 1976 (hereinafter referred to as the act and rules 1(3), 2(s), 4, 6 and 23 of the standards of weights and measures (packaged commodities) rules, 1977 (hereinafter referred to as the rules) ..... freight but exclusive of local taxes, and where such price is mentioned on the package, there shall he printed on the package the words 'max. price..... localtaxes extra'; (ii) retail sale price, and where such price is mentioned on the package there shall be printed on the package the words 'max. retail price.....': explanation 1 : each of .....Tag this Judgment!