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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: karnataka Year: 1988 Page 1 of about 19 results (0.022 seconds)

Oct 04 1988 (HC)

N.A. Nagendrappa Vs. State of Karnataka

Court : Karnataka

Decided on : Oct-04-1988

Reported in : ILR1989KAR324

..... municipality whether it is permissible for the state government to hold elections in the municipality without delimitation of wards and preparation of fresh electoral rolls.' the supreme court observed as under:'the ..... be noticed. in. atma singh and ors. v. the state of punjab and ors., the supreme court was concerned with punjab delimitation of wards of municipalities rules 4 and 6. the question for consideration was -'when there is a notification issued under sub-section (3) of section 5 of the punjab municipal act, 1911, for inclusion of certain local areas within the limits of a ..... , under article 226 of the constitution did not have the benefit of the views of the supreme court on similar points that arose for consideration in punjab municipalities case and m,p. village panchayat act case state of madhya pradesh and ors. v. devilal : air1986sc434 to which i have made a detailed reference in the later part of this order and ..... executive order transferring a primary health centre to another place under the rules framed under the andhra pradesh panchayat samithis and zilla parishads act. i have already adverted to the 2 decisions of the supreme court, viz., punjab municipalities case and m.p.. panchayat case respectively. in my view these decisions have added a new dimension and given a new perspective .....

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Apr 13 1988 (HC)

J.S. Auto Machine Shop Vs. State of Karnataka and anr.

Court : Karnataka

Decided on : Apr-13-1988

Reported in : ILR1988KAR2510; [1988]70STC321(Kar)

..... in further appeal before the supreme court. 11. the supreme court considered the connotation of the terms, 'use' occurring in section 16 of the punjab municipalities act, vis-a-vis entry 52 of list ii, seventh schedule to the constitution, which authorised levy of tax into the local area for consumption, ..... should hold good for entry tax act also. it is also argued that the judgment in burmah-shell case : air1963sc906 was also by a larger bench of five-judges ..... was also one of the processes or modes of consumption. though the word, 'sale' was introduced in the bombay municipal act in the year 1954, the expression, 'consumption' or 'use' has a wider meaning and 'sale' within the ..... supreme court was dealing with the interpretation of the terms 'consumption', 'use', or 'sale' appearing in section 73(1)(iv) of the bombay municipal boroughs act. explaining the different shades of meaning of 'consumption and use' in that context, the supreme court held that the goods must be regarded as ..... punjab (civil appeal no. 869 of 1966) disposed of on 3rd april, 1969. 9. it is argued on behalf of the state by the learned government pleader that the meaning of the terms - 'use', 'consumption' or 'sale' has received interpretation by the supreme court in burmah-shell case : air1963sc906 and the meaning given to the term, 'use' under the bombay municipal act .....

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Jun 17 1988 (HC)

B. Ganesha Krishna Bhat Vs. State of Karnataka and anr.

Court : Karnataka

Decided on : Jun-17-1988

Reported in : [1989]73STC267(Kar)

..... court nor demonstrated how it was excessive. therefore, this case does not help the respondent. (iii) avinder singh v. state of punjab : [1979]1scr845 : under the punjab municipal corporation act, 1976, levy of tax on indian made foreign liquor at flat rate of re. 1 per bottle was upheld by the supreme court ..... 27. therefore, the important point that arises for consideration is, whether the special procedure contemplated under section 4b can fit into the scheme of act and the levy under section 4b construed as a tax on entertainment under the charging section. the provision, of section 4b itself indicates that the ..... left to the arbitrary discretion of the officers not named in the act without giving any remedy to the assessees for questioning the correctness of any of the important stages in the matter of assessment such as ayacut ..... nalla raja reddy : [1967]3scr28 , in which a flat rate of levy under the andhra pradesh land revenue (additional assessment) and cess revision act was struck down by the andhra pradesh high court was upheld by the supreme court. the supreme court held that the whole imposition of assessment was ..... quality of the land or its productive capacity, was arbitrary and unreasonable and violative of article 19(1)(f) of the constitution; (ii) the act which did not provide for issue of notice, enquiry or investigation of facts before the provisional assessment was made; (iii) no right of appeal .....

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Mar 24 1988 (HC)

Administrator, Bangalore City Corporation Vs. Hindustan Milk Food Manu ...

Court : Karnataka

Decided on : Mar-24-1988

Reported in : ILR1988KAR2487

..... consumption or use was introduced under section 96(2) of the city of bangalore municipal corporation act and the levy was to be effective from february 7, 1975. the authority to levy tax by the municipal corporation of bangalore is enumerated in section 97 of the city of bangalore municipal act, where under sub-section (e) of the section qualified that 'an octroi on ..... into the city of bangalore for purpose of consumption, sale or use under section 98(2) of the city of bangalore municipal corporation act, 1949. the said notification continued to be in force even after 1949 act was replaced by the karnataka municipal corporation act, 1976. item no. 17 which is relevant for the purpose of this case reads :- '17. confectionery, biscuits, toffee, ..... sell in market inter-alia, the goods popularly known as 'horlicks'.our produce is manufactured (all activities incidental to processing the raw materials etc.) at the factory located in nabha (punjab) and in rajamundry (andhra pradesh) but the said produce is packed in bottles at the various packing stations at howrah, bangalore and faridabad. after the produce has been manufactured, ..... made?'2. the undisputed facts of the case are these: respondent no. 1 is a public limited company incorporated under the companies act. it manufactures 'horlicks' in its two factories situate at nabha in the state of punjab and rajamundry in the state of andhra pradesh. they market the horlicks manufactured by them throughout the country. they have their own .....

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Sep 14 1988 (HC)

V. Subba Reddy Vs. State of Karnataka

Court : Karnataka

Decided on : Sep-14-1988

Reported in : ILR1989KAR101

..... required for conducting elections.now, therefore, in exercise of the power conferred by section 18 of the karnataka municipalities act, 1964 (karnataka act, 22 of 1964) the government of karnataka hereby extends the term of the offices of the councillors of the city municipal councils and town municipal councils mentioned in annexure 'a' till 31-12-1988.by order and in the name of thegovernor ..... for the period permissible under law is an illegal classification.25. it is in this context that the ruling of the supreme court in the case of the state of punjab v. gurdial singh and ors. assumes significance. there has been an abuse of power conferred to achieve something other than the object which was intended apart from treating similarly placed ..... examine whether the power conferred has been exercised for the purposes and the object of the statute or for any other purpose.subsequently, in the case of the state of punjab and anr. v. gurudial singh and ors. : [1980]1scr1071 the supreme court ruled as follows:'the question then, is what is malafides in the jurisprudence of power? legal malice is ..... company. similar ruling was handed down as far back as in the year 1964 by a constitution bench as to what constitutes legal malafide (see pratap singh v. state of punjab : (1966)illj458sc . following the said decision a learned single judge of this court in the case of jagadish paul v. state of karnataka air 19929 karnataka 4 held that an .....

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Sep 02 1988 (HC)

Sri Krishna Vilas Tourist Hotel and anr. Vs. State of Karnataka and or ...

Court : Karnataka

Decided on : Sep-02-1988

Reported in : ILR1989KAR1214

..... us we find ourselves unable to agree with the observations to the contrary made by the punjab high court in associated hotels of india ltd. v. excise and taxation officer and by the delhi high court in municipal corporation of delhi v. laxmi narain tandon : air1970delhi244 (fb). in the result, we ..... with a lodge attached. the assessments for the years 1976-77 and 1978-79 completed under section 12(3) of the karnataka sales tax act, 1957 ('the act' for short), are challenged in these writ petitions. the writ petitions are entertained in view of the additional grounds urged in these petitions, ..... be rejected as an afterthought. the burden is cast on the assessees to prove this fact by section 6 of the constitution (forty-sixth amendment) act, and the assessees have failed to produce proof to substantiate this claim before the assessing authority. 30. now, let me advert to the decisions relied ..... to restaurants. sri dattu demonstrates that on a careful reading of section 6(2) of the amendment act, which provides for validation and exemption, clause (a) of sub-section (2) specifically refers to the period between 7th september, 1978 and 2nd february ..... restaurants and eating houses. 22. it is, therefore, pointed out by the learned government pleader that section 6 of the constitution (forty-sixth amendment) act has reference to and is meant to be applied only to hotels where a composite charge was made for supply of food and other amenities and not .....

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Nov 17 1988 (HC)

Mrs. Leela Palani Vs. J.R. Manjunath

Court : Karnataka

Decided on : Nov-17-1988

Reported in : ILR1989KAR1616

..... of 1987 and proceed with the same in accordance with law. the view taken as above finds support from decisions of other high courts notably calcutta and punjab high courts (see a.i.r. 1943 calcutta, 450 mohini mohan and ors. v. kunjabehari das and ors and ) arya printinidhi sabha v. ..... court of the subordinate judge. judicial subordination is not sufficient to make it 'court subordinate' occurring in section 41(b) of the specific relief act.15. the view of the orissa high court stands affirmed by the decision of the supreme court in the case of cotton corporation of india limited ..... as a court of original jurisdiction.4. the thrust of the argument is that the district court not being conferred with original jurisdiction under the act and having regard to section 15 of the c.p.c. question of instituting suit for declaration and injunction relating to immovable property can ..... courts during the vacation. in the said decision, the learned judge, reiterated that in terms of sections 52 and 57 of the states reorganisation act, the new high court could exercise the jurisdiction which was being exercised by the old mysore high court and there being no notification conferring ordinary ..... binding on them. the plaintiffs also filed an application for interim injunction to restrain execution of the said decree obtained under the karnataka rent control act. the learned civil judge granted the temporary injunction, that was questioned in appeal m.a.no. 10/1983 before the district judge by the .....

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Jan 27 1988 (HC)

Jayanna Vs. Assistant Regional Transport Officer

Court : Karnataka

Decided on : Jan-27-1988

Reported in : ILR1988KAR2402

..... the decisions of the supreme court reported in the state of mysore v. syed ibrahim, : 1967crilj1215 dalbir singh and ors. v. state of punjab, air 1979 sc 1384 and municipal committee, amritsar v. hazara singh, : [1975]3scr914 .6. having regard to the aforesaid contentions, the following points arise for consideration : ..... to demand tax in respect of a vehicle used as a contract carriage there should have been issued contract carriage permit under the motor vehicles act, 1939, permitting to carry more than six passengers excluding the driver. there is no such contract carriage permit issued in this case. on ..... tyres.motor vehicles plyingfor hire or reward used for transport of passengers in respect of whichcontract carriage permits have been issued under the motor vehicles act. 1939and permitted to carry more than six passengers excluding the driver, forevery passenger which the vehicle is permitted to carry.' rs. 180-0014 ..... another important circumstance which persuades us to disagree with the construction placed by the high court on the relevant provision of taxation in the act. the rate of taxation in this case is not based on the number of passengers actually carried during any period in a motor ..... is when undisputedly the vehicles are registered as omni bus but used as contract carriage thereby attracting the provisions contained in section 8 of the act, whether the additional tax in conformity with the use of the vehicle, is liable to be paid.10. in m. narasimhaiah's case, .....

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Aug 17 1988 (HC)

State of Karnataka Vs. Ahmed and anr.

Court : Karnataka

Decided on : Aug-17-1988

Reported in : AIR1989Kant115; ILR1988KAR2624; 1989(1)KarLJ76

..... contrary in suvarna's case,('1985 cti lj 709) (kant) cannot be sustained.8. in municipal corporation, delhi v. jai dayal jawandamal, air 1964 punj 520: (1964(2) cri lj 726) the division bench of the punjab high court was pleased to hold that the statement in report of the public analyst to the ..... cover with the specimen impression received separately on receipt of the packet the simple for the analysis and so it must be presumed that the public analyst acted in accordance with the rules and he must have compared the specimen impression received by him with the seal on the container. therefore, the said view ..... food inspector a sample for analysis, properly sealed and packed and that he had found the seal intact and unbroken. it was held that the official acts must be presumed to have been regularly performed; that under rule 7, the public analyst has to compare the seal on the container and the outer ..... within a period of sixty days of the receipt of the sample.provided that where any such sample does not conform to the provisions of the act or underlining supplied by us these rules, the public analyst shall deliver four copies of such report to the said authority.provided further that the public ..... be a certificate signed by the director of the central food laboratory may be used as evidence of the facts stated therein in any proceeding under this act or under ss. 272 to 276 of the indian penal code.provided that any document purporting to be a certificate signed by the director of the .....

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Aug 26 1988 (HC)

Mineral Miners' Union Vs. Kudremukh Iron Ore Co. Ltd.

Court : Karnataka

Decided on : Aug-26-1988

Reported in : ILR1988KAR2878; 1988(3)KarLJ162; (1989)ILLJ277Kant

..... 'l') results in the notice itself being illegal.to the same effect is the decision of justice sandhawalia (as he then was) of punjab and haryana high court, in municipal committee, pathankot v. industrial tribunal (1971-ii-llj-52). at page-55, it was observed : '6.......... reading the relevant statutory provisions ..... fulfill certain essential conditions as enumerated in the four different clause (a), (b), (c) and (d) of section 22(1) of the act. obviously, these are with the purpose to provide safeguards in the matter of public utility service as otherwise it would result in great inconvenience to the ..... proceedings terminate when a settlement is arrived at before the conciliation officer or when it is found that no settlement can be arrived at, the act, by a legal fiction, prolongs the conciliation proceedings until the actual receipt of the report by the appropriate government and goes on to provide ..... never be able to press their demands by a strike. 9. sri prabhakar, learned counsel for the management, contended that, section 22 of the act is a special provision governing the 'public utility services' only and the object behind this provision is to prevent unexpected strikes in such and undertaking ..... proceedings under clause (d) thereof, which automatically commenced with the issue of the notice of strike in view of section 20(1) of the act, if the conciliation proceedings resulted in failure and concluded after six weeks from the date on which strike notice was given (ii) whether in .....

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