Karnataka Land Revenue Act, 1964, Section 67 -- Acquisition of `Beaulieu' estate by State - Jurisdiction u/s.67 of the Act - Issuance of notice - Evidence on record shows that land was bought for the benefit of First Princess from her personal funds - State claiming said sale to be a fraudulent transfer almost after 100 years - Dispute of title between State and individual..........
Karnataka Stamp Act, 1957, Section 33(2) -- Examination and impounding of instrument - Power of delegation - S.33(2) proviso (b) of the Act empowers the High Court to only examine the instrument for the purpose of determining as to whether instrument is duly stamped or not and for impounding the same - However, said section does not empower High Court to direct officer..........
Service -- Promotion - Reservation - Determination of seniority - Government servants - Validity of Karnataka Determination of Seniority Act (2002 Act) - Act to the extent of doing away with `catch up' rule and providing for consequential seniority to the persons belonging to SCs and STs on promotion against roster points is unconstitutional...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2), Karnataka Industrial Areas Development Act, 1966, Section 28, 29 -- Acquisition of land - Proceedings - Once proceedings are initiated under Act, 1966, S.11A of the Old Land Acquisition Act will not apply...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2), Karnataka Industrial Areas Development Act, 1966, Section 28, 29 -- Acquisition of land - Deemed lapse - In the instant case, large chunk of land was acquired under Act, 1966 - However, minuscule part of said land belong to respondents and consent..........
Karnataka Value Added Tax Act, 2004, Section 29, 30, Karnataka Value Added Tax Rules, 2005, Rule 3 -- Taxable turnover - Determination - Requirement of reference of discount in tax invoice or bill of sale is to qualify it for deduction construed in relation to transaction resulting in final sale/purchase price and it is not limited to original sale sans trade discount -..........
Civil Procedure Code, 1908, Order 3, Rule 4, Advocates Act, 1961, Section 35, Constitution of India, 1950, Article 225 -- Court of Karnataka Rules, 1959, Ch.5, Rr.1, 2 - Appointment of new advocate - In absence of `no objection' of the advocate already on record - Party may discharge his advocate anytime, with or without cause by withdrawing his vakalatnama or..........
Civil Procedure Code, 1908, Order 3, Rule 4, Advocates Act, 1961, Section 35, Constitution of India, 1950, Article 225 -- Court of Karnataka Rules, 1959, Ch.5, Rr.1, 2 - Appointment of new advocate - In absence of `no objection'of the advocate already on record - Party has absolute right to appoint a new advocate - Even, party cannot be denied of his right to appoint a new..........
Civil Procedure Code, 1908, Order 3, Rule 4, Advocates Act, 1961, Section 35, Constitution of India, 1950, Article 225 -- Court of Karnataka Rules, 1959, Ch.5, Rr.1, 2 - Appointment of new advocate - If advocate is discharged by his client and advocate has any genuine claim against his client relating to the fees payable to him, appropriate course for him is to return the..........
Karnataka Cooperative Societies Act, 1959, Section 89, Karnataka Cooperative Societies Rules, 1960, Rule 38 -- Non-payment of loan - Auction sale of mortgaged property - Confirmation of sale - Order of confirmation of sale is ascribable to S.89A of the Act and R.38 of the Rules - No remedy of appeal against that decision is provided...........
