Court : Karnataka
Decided on : Apr-23-1993
Reported in : I(1994)ACC84; 1993ACJ1072; AIR1994Kant8; ILR1993KAR1834; 1993(3)KarLJ519
..... interest.'therefore, the pronouncement of the supreme court in the ruling of hardeo kaur v. rajasthan state transport corporation, : 2scr272 or chameliwati v. delhi municipal corporation, : air1986sc1191 or jasbir singh v. general manager, punjab roadways, : 3scr1095 , is not the law declared by the supreme court.9. again a division bench of this court in oriental insurance co. ltd ..... evolve a situation to mitigate hardship which was acceptable by all the parties concerned. it was delivered without argument, without reference to the relevant provisions of the act conferring express power on the municipal corporation to direct removal of encroachments from any public place like pavements or public streets, and without any caution or authority. that being so, the direction ..... on judicial discretion. it cannot also be a ground to compensation for the loss of erosion of the value of money due to inflation. the provisions of the interest act providing of interest on compensation under the land acquisition cases are not relevant. the compensation paid is on account of pecuniary loss or non-pecuniary loss. the interest ..... stall accordingly, the direction given was improper. the high court could not have made the impugned direction contrary to the provisions contained in ss. 320 and 322 of the delhi municipal corporation act. decision of delhi high court, reversed.'in o. v. shanthakumari v. kokila, : ilr1990kar4324 , a full bench of this court has laid down what is the law declared .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-04-1993
Reported in : 77CompCas179(Kar); 78CompCas96a(Kar); ILR1993KAR293; 1993(1)KarLJ212
..... in computing the period of three years provided by article 137 of the limitation. this decision is also followed by a learned single judge of the same punjab and haryana high court in maruti ltd. (in liquidation) v. p. r. sasidharan  68 comp cas 5. as already pointed out while ..... and : air1978delhi169 . 37. in maruti ltd. (in liquidation) v. parry and co. ltd.  66 comp cas 309, a division bench of the punjab and haryana high court, following the full bench decision of the delhi high court in faridabad cold storage's case  48 comp cas 432 (delhi) has held ..... delhi high court following the decisions of the supreme court in kerala state electricity board, : 1scr996 and town municipal council, athani's case, : (1969)iillj651sc , has held that article 137 of the limitation act, 1963, is applicable to the applications filed by the official liquidator under section 446(2)(b) and section 543 ..... . with respect we differ from the view taken by the two-judge bench of this court in athani municipal council's case, : (1969)iillj651sc , and hold that article 137 of the 1963 limitation act, is not confined to applications contemplated by or under the code of civil procedure. the petition in the ..... not correct. enforceability of the claim of the company did not depend upon the substitution of sub-section (2) of section 446 of the act by act no. 65 of 1990 nor does it depend upon the passing of an order of winding up or the appointment of official liquidator as provisional .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-18-1993
Reported in : I(1993)ACC614; ILR1993KAR1244; 1993(1)KarLJ451; (1993)IILLJ308Kant
..... statute, even if its order is, expressly or by necessary implication, made final, if the said tribunal abuses its power or does not act under the act, but in violation of the provisions. (refer firm seth radha kishan v. ludhiana municipality, : 2scr273 . in the instant case, it is not questioning the order of the tribunal constituted for the purpose to resolve ..... section 9 of the code of civil procedure in respect of disputes of the kind which could fall within the special adjudication contemplated by special status 'see custodian evacuee property, punjab v. jafran begum, : 3scr736 ; mohd mahmmod v. tikam das, : 1scr128 ; and ohene moore v. akesseh tayee, air 1935 pc 5.' 10. from this, it follows that the ..... be done even without clause (g) is made further clear that any 'other matter' obviously meaning thereby that dispute between a person and corporation as the application of the act, pertaining to the contribution or benefit or other dues payable is exclusively within the jurisdiction of employees' insurance court. in the decision in employee's state insurance corporation v. p ..... the petitioner is the employee's state insurance corporation. the respondent-plaintiff filed a suite against the employee's state insurance corporation- defendant praying that the employees' state insurance act is no applicable to their factory and sought a relief of injunction against the e.s.i. corporation restraining them from taking any action against the plaintiff. it is contended .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-01-1993
Reported in : (1993)111CTR(Kar)294; ILR1993KAR1018
..... of the reasons given by the learned single judge, it is necessary to state the relevant facts which are not in dispute: the property in question bearing municipal nos.4 and 5 (new nos. 9 and 11) is situated in the corner of queen's road and infantry road. the width of the ..... .1989 passed by the appropriate authority under section 269-ud(1) of chapter xx-c of the income tax act (hereinafter referred to as the act). the appropriate authority has directed that the properly in question bearing municipal nos. 4 and 5 (new nos.9 and 11) situated at infantry road, bangalore be purchased under section ..... would be left over after winding up but not in the assets as a whole. 9.1 similarly, in daman singh and ors. v. state of punjab and ors, : 3scr580 a question arose as to whether the interest of a member of a co-operative society would be equated to the interest ..... 'we may clarity that as far as completed transactions are concerned, namely, where after the order for compulsory purchase under section 269ud of the income tax act was made and possession has been taken over, compensation paid to the owner of the property and accepted without protest, we see no reason to upset those ..... unlawful proceedings. if there is power to act, but the power is abused (as by breach of natural justice or error on the face of the record), certiorari will quash and mandamus may issue simultaneously to require a proper rehearing. an example is board of education v. rice (1911) ac 179 cited elsewhere; the board .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-20-1993
Reported in : AIR1994Kant35; ILR1993KAR2528; 1993(4)KarLJ205
..... would include only that commission which is set up by a government whether the government of india or state government, which is of a municipal type and would not include commission like planning commission which flows from the scheme of constitution of india or in other words, its having ..... question in the setting of art. 191(1)(a) itself. in that case allowance was paid under rules 3 to 7 of the punjab panchayat samities and zilla parishad non-official members (payment of allowances) rules to the chairman of the panchayat samiti. the question was whether ..... the planning commission carried remuneration. it was further contended that reliance placed by respondent no. 1 on the karnataka legislature (prevention of disqualification) act, 1956 (act no. 4 of 1957) is misplaced as section 3 which seeks to remove certaindisqualification mentioned in clause (d) cannot apply to the ..... disqualify their holders for being chosen as, or for being, members of the karnataka legislative assembly and the karnataka legislative council. section 2 of the act is a definitions section. clause (a) thereof provides that unless the context otherwise requires, 'committee' means any committee, commission, counsil, board ..... 2) provides that before giving any decision on any such question, the governor shall obtain the opinion of the election commission and shall act according to such opinion.8. thus it becomes at once clear that the scheme regarding disqualification for membership of either house of parliament .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-30-1993
Reported in : ILR1993KAR2117; 1993(3)KarLJ126
..... as arbitrary and violative of article 14 of the constitution; another contention attacked the scheme as ultra vires, because of certain unconventional aspects of the scheme; the policy of the municipality behind the scheme was questioned. speaking for the court, m.n. venkatachataiah, j., (as he then was), observed at page 1160:'in regard to courts and policy we might ..... the mere reason that on august 25, 1976 the high court had issued a notification fixing seniority of the promotees and direct recruits appointed to the superior judicial service of punjab. the notification issued by the governor on december 37, 1976, will therefore, operate on future appointments or promotions made after that date and not on appointments or promotions made ..... licence issued under the distillery rules operates only for a period of one year and has to be renewed every year.6. section 16-a of the karnataka excise act, 1965 ('the act' for short) provided for the grant of licence to manufacture and bottle arrack, for sale. in these writ petitions we are concerned with section 16-a(1)(c) ..... expectation was not specifically considered, the principle underlying the doctrine was implicit in the contentions of indian aluminium company, which questioned the validity of amendment made to the electricity supply act, 1948, because, said amendment nullified the agreements between the consumer and the state government regarding the electricity tariffs. in indian aluminium co. ltd. and anr. v. karnataka electricity .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-23-1993
Reported in : AIR1994Kant77; ILR1993KAR3323; 1993(4)KarLJ290
..... 'unreasonableness'. the caution required of the court while applying art. 14 was pointed out by the supreme court in g. b. mahajan v. jalgaon municipal council, : air1991sc1153 :'in regard to courts and policy we might recall the following words of a learned author : 'the courts are kept out of ..... not necessary to prove, further, any damage, detriment or prejudice to the party asserting the estoppel (vide : amrit banaspati co. ltd. v. state of punjab, : 1992(59)elt13(sc) at page 417, quoting an earlier decision) -- 'the basis of this doctrine is the interposition of equity which has always ..... the following contentions were urged in support of these writ petitions.(1) by virtue of s. 14 of the karnataka housing board's act, 1962, (the act) the contracts entered into by the board are statutory and the benefit of the said contracts cannot be defeated by recourse to an executive ..... compensation from the government or its agencies.32. if specific performance of a contract is not enforceable under the provisions of the specific relief act, said disability cannot be overcome by resort to the doctrine of promissory estoppel. enforceability of a contract depends upon its terms and non- ..... that,--'the extent of permissible judicial reviewwas indicated by saying that 'actions areamenable to judicial review only to the extentthat the state must act validly for a dis-cernible reason, not whimsically for anyulterior purpose.'at para 36,--'the meaning and true import of arbitrariness is more .....Tag this Judgment!
Court : Karnataka
Decided on : May-13-1993
Reported in : ILR1993KAR1615; 1993(2)KarLJ259
..... in question is not occupied by any particular legislative enactment. the decision of the supreme court reported in rai sahib ram jawaya kapur and ors. v. the state of punjab, was cited in support of these propositions. several other decisions were cited to contend that this court cannot scrutinise the terms of a contract even though one of the contracting ..... to the fund".the relevant heading was given as "other administrative services". under "sub and detailed heads" the matter was referred as "modernisation of government offices". in the appropriate act of the state legislature the sum of rs. 1,58,10,000/- was referred in the schedule against the heading "general administration - revenue". there is no reference to the ..... because of the alleged impropriety in the procedure followed preceding the impugned action of the government.re: proposition vi:18. the sixth proposition pertains to the effect of the appropriation act read with the explanatory note appended to the relevant bill. the explanatory note attached to demand no. 41 placed before the legislature along with the supplementary estimates 1992-93 ..... illustrates the principle involved. the tamil nadu government granted pension to "anti-hindi" agitators. the grant was approved by the state legislature by sanctioning the fund, under the appropriation act. the supreme court pointed out that:"...the appropriation in the present case shows that a fund was kept apart to meet the pension scheme. there is no legislative sanction for .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-15-1993
Reported in : ILR1993KAR1580
..... impugned order are as under:the property involved in the litigation is described in the plaint schedule as property belonging to sri kunnappa krishnappa chowltry (now called arasappa choultry) bearing municipal nos. 852, 852/1, 853 and all the properties connected therewith situated in o.t.c. road, nagarathpet, bangalore-2.4. the material averments making out a case for the ..... 92, civil procedure code, is a suit of a special character which presupposes the existence of a public trust of a religious or charitable character'. following this decision, the high court of punjab and haryana in jathedar sadhu singh and ors. v. charan singh and ors., has held in para-7 that 'as observed by the hon'ble judges of the supreme court .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-16-1993
Reported in : ILR1993KAR834; 1993(2)KarLJ19
..... at page 1609:'this view with great respect, is inconsistent with the ratio of the decision of the supreme court in rai saheb ram jawaya v. state of punjab : 2scr164 and also in state of m.p. v. kum. nivedita jain : 1scr759 . in both these decisions, the supreme court has ..... -extensive with that of the legislative power, in the absence of legislation, that is, when the particular field is not occupied by legislation, executive can act. these decisions were not brought to the notice of the learned judge in sahyadri education trust case. when these decisions were brought to the notice of ..... ' and smt. indira nehru gandhi v. raj narain : 2scr347 .'in the said case, power of the state government was traced to the essential commodities act, 1955 and the impugned action was upheld. requirement of a law to impose any restriction on the exercise of a fundamental right, is an exception to the state' ..... has power to legislate in regard to the subject on which the executive order is issued. it was observed (at p. 1174 of air):''every act done by the government or its officers must, if it is to operate to the prejudice of any person is supported by some legislative authority'.the ..... law. the state or its executive officers cannot interfere with the rights of others unless they can point to some specific rule of law which authorises their acts. in state of madhya pradesh v. thakur bharat sing, : 2scr454 , the court repelled the contention that by virtue of article 162, the state .....Tag this Judgment!