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2004 (1) TMI 645

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..... er also is seeking for a writ of declaration declaring that the woman mentioned in section 17(4)(ii) includes women also. 2.. The petitioner, M/s. Catering Inn, is a partnership firm and is engaged in catering business. It is registered in terms of the Karnataka Sales Tax Act, 1957. The petitioner-firm consists of two women partners. The partners started the business by way of supply of ready fo .....

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..... ter is heard for final disposal with the consent of the counsel. 6.. Sri Atul, learned counsel says that the word "woman" would include "women" also. He says that in those circumstances, notice in terms of annexure "C" requires my interference. 7.. Per contra, learned Government Pleader supports the order. 8.. After hearing, I have carefully perused the material on record. Section 17(4) prov .....

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..... said that article 14 is violated. This finding of mine finds support from the judgment of the Supreme Court in the case of Vijay Lakshmi v. Punjab University AIR 2003 SC 3331; (2003) 4 LRI 1. The Supreme Court in somewhat identical circumstances ruled that Rules providing reservation/preference in favour of women for being appointed as principal of Woman's College is not in violation of article .....

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..... include "women", which in my opinion would be running against the policy of a special provision being available to a "woman" dealer and not "women" dealer. The argument of the petitioner in this regard is equally rejected. Insofar as the merits of the matter is concerned, I do not express any opinion at this stage since annexure "C" is nothing but a notice to the petitioner. If no orders are passe .....

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