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Jun 24 2008

Sri Kannikaparameshwari Co-operative Bank Ltd. Vs. State of Karnataka ...

Court : Karnataka

Decided on : Jun-24-2008

Subject : Civil

Acts : Karnataka Official Language Act, 1963 - Sections 2, 3, 4, 5(2) and 5A; Karnataka Co-operative Societies Act, 1959; Right to Information Act (RTI), 2005; Karnataka Souharda Sahakari Act, 1997; State Official Languages Act, 1961

Reported in : ILR2008KAR3235; 2008(4)KCCR2726

of the State Re-organization on the basis of language and nearly 45 years after the passing of State Official Languages Act, 1961, the State still relies on English language for issuing simple Notifications. It only shows the lack of … public authorities. Therefore, the intention is not properly expressed. It is a defective drafting.8. The Karnataka Official Language Act, 1963 was enacted to provide for the adoption of Kannada as the language to be used for the official … not applicable to the Co-operative Society. It does not come within the meaning of a public authority under Section 2(h) of the Act. In fact, the National Federation of Co-operative Banking has issued clarification to the effect that

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Dec 06 1976

Union of India (Uoi) and ors. Vs. Murasoli Maran

Court : Supreme Court of India

Decided on : Dec-06-1976

Subject : Electricity

Acts : Constitution of India - Articles 343, 343(3), 344, 344(1), 344(2), 344(4), 344(6) and 351; Official Languages Act, 1963 - Sections 3(4)

Reported in : AIR1977SC225; (1977)2SCC416; [1977]2SCR314

exercise of the powers conferred on the Parliament by Article 343(3) of the Constitution, the Parliament passed the Official Languages Act 1963. Section 3 of the Act provided as follows:Notwithstanding the expiration of the period of fifteen years from the commencement … A.N. Ray, C.J.1.These appeals are by certificate against judgment and order dated 29th January, 1971, of the High Court of Madras.2. The respondents filed writ petitions in the High Court for

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Apr 09 2003

Vinay Kumar Singh Vs. Bihar State Electricity Board and ors.

Court : Patna

Decided on : Apr-09-2003

Subject : Civil

Acts : Patna High Court Rules, 1961 - Rule 1; Constitution of India - Articles 226, 227, 348(1) and 348(2); Official Language Act, 1963 - Sections 7

provision to promote Hindi in India, whereas Article 358 is a specific provision for the use of the Official languages in the Supreme Court and the High Courts. Law is well-settled that applicability of a general provision is … decree or order passed or made by such High Court.' (3).... ........ Section 7 of the Official Language Act, 1963 (Act 19 if 1963), hereinafter referred to as 'the Act', is also relevant in the present context and … view of the laws governing the issue, a writ petition under Article 226 of the Constitution of India and can be filed in the Patna

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Jul 02 2008

Associated Managements of Primary and Secondary Schools in Karnataka V ...

Court : Karnataka

Decided on : Jul-02-2008

Subject : Constitution

Acts : Karnataka High Court Act, 1964 - Sections 3, 4(27), 7, 7(1), 7(C), 9 and 145; Karnataka Societies Registration Act, 1960; Gujarat University Act, 1949; Hindu Minority and Guardianship Act, 1956; Karnataka Education Act, 1983; Karnataka Official Languages Act, 1963 - Sections 2; Primary Schools Education Code - Rule 12(2); Grant-in-Code - Rule 12, 12(1) and 12(2); Constitution of India - Articles 13, 14, 19, 19(1), 19(2) 19(6), 21, 21A, 25, 26, 26(1), 26(2), 26(3), 27, 29, 29(1), 29(2), 30, 30(1), 31, 32, 38(2), 39, 41, 42, 45, 46, 51A, 141, 162, 226, 343, 344, 345, 347, 348 and 350A; Constitution of India (VII Amendment) Act, 1956

Reported in : AIR2008NOC2790(FB); ILR2008(3)KAR2895; 2008(4)KarLJ593; 2008(4)KLJ593; 2008(5)AIRKarR261; AIR2008NOC2790(FB)

shall be in English language. Thus English was indispensable. In pursuance of Article 344 of the Constitution, the Official Languages Act, 1963 was enacted by the Parliament providing for languages which, may be used for the official purposes of the … purposes of the State and for continuous use of English for transaction of business of the State Legislature. Section 2 of the said Act declare that the official language of the State of Karnataka shall be Kannada. English

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Oct 06 2001

Laxman Omanna Bhamane Vs. State of Karnataka and ors.

Court : Karnataka

Decided on : Oct-06-2001

Subject : Constitution

Acts : Karnataka Shops and Commercial Establishments Act, 1961 - Sections 40(1); Karnataka Shops and Commercial Establishments Rules, 1963 - Rule 24A; Constitution of India - Articles 29, 29(1) and 345; Karnataka Official Language Act, 1963 - Sections 2 and 4; Karnataka Local Authorities (Official Language) Act, 1981 - Sections 2

Reported in : [2002(92)FLR1031]; ILR2002KAR443; 2002(2)KarLJ208

this Article has enacted the law called Karnataka Official Language Act, 1963 (hereinafter referred to as 'the Act'). Section 2 of the Act, reads as follows:'The official language of the State of Karnataka shall be Kannada'.Subsequently, the State … a State may by law adopt any one or more of the languages in use in the State or Hindi as the language or languages … a declaration that the provisions of Section 23, read with Rule 24-A of the Shops and Commercial Establishments Act, 1963 is ultra vires of Article 30 of the Constitution of India and also for a declaration that the

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Oct 14 1999

Balraj Misra and another Vs. Hon'ble Chief Justice of High Court, Alla ...

Court : Allahabad

Decided on : Oct-14-1999

Subject : ServiceConstitution

Acts : Constitution of India - Articles 14, 16, 19 (1) and (2), 213, 226, 343, 344, 344B (1), 345, 346, 348, 348(1), 350, 350A and 351; Official Languages Act, 1913 - Sections 6 and 7; Allahabad High Court Rules, 1952 - Rule 8; Allahabad High Court Officers and Staff (Condition of Service and Conduct) Rules, 1976 - Rule 41; Uttar Pradesh Language (Bills and Acts) Act, 1950; Uttar Pradesh Official Language Act, 1951 - Sections 2; Central Official Language (Amendment) Act, 1967 - Sections 3; Central Official Language Act, 1963; Code of Civil Procedure (CPC), 1908 - Sections 137; Institutes of Technology Act, 1961 - Sections 38; Jodhpur University Act, 1962 - Sections 34 (1); Advocates Act, 1961

Reported in : 2000(1)AWC296

more discernible in the cow-belt where the Hindi is derisively described as lingua franca.5. The Constitution and the Official Languages Act both give Hindi the status of the official language. However, in reality, this has not come about due … Hindi.16. Under Section 3 of the Central Official Language (Amendment) Act, 1967, which amended the Central Official Language Act, 1963, it has been provided that where Hindi is used for the purpose of communicationbetween one State which has … as the language to be used for all or any of the official purposes of the State. Under Section 2 of it, a notification was issued on October 30, 1952, whereby all the Bills introduced into, or Acts

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Jan 29 1971

Murasoli Maran Vs. Union of India and ors.

Court : Chennai

Decided on : Jan-29-1971

Subject : Constitution

Acts : Official Language (Amendment) Act, 1967 - Sections 3(4); Constitution of India - Articles 120, 343 to 347, 348, 348(1) 348(2), 349 and 351; Hindi Language for Official Purposes Order, 1955; Official Languages Act, 1963

Reported in : AIR1972Mad40; (1971)2MLJ57

by parliament will depend upon the view to be taken of the effect of the provisions of the Official Languages Act, 1963, as amended by the Official Language (Amendment) Act, 1967. We shall, therefore, proceed to scrutinise the provisions of … or between a State and the Union, and the special provision relating to the language spoken by a section of the population of a State, the legislature of a State may, under Article 345, by law adopt … a common question as to the validity of the President's Order dated 27-4-1960, a Circular of the Ministry of Home Affairs, dated 3-3-1966, and the

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Dec 05 1989

Narendra Kumar Vs. Rajasthan High Court and ors.

Court : Rajasthan

Decided on : Dec-05-1989

Subject : Civil

Acts : Rajasthan High Court Ordinance, 1949 - Sections 46 and 47; High Court of Judicature for Rajasthan Rules, 1952 - Rules 125 and 126; Constitution of India - Articles 225, 344, 344(6) and 348; Official Language Act, 1963 - Sections 7

Reported in : AIR1991Raj33; 1990(1)WLN397

same in English Language issued under the authority of the High Court. Therefore, in Section 7 of the Official Languages Act 1963 (for short, 'the OL Act'), it could not have been so provided.4. It may be stated that in … been made by the Parliament which bad the authority to make it.;Writ Dismissed - INDUSTRIAL DISPUTES ACT, 1947. Section 2(s): [M.S. Shah, Sharad D. Dave & K.S. Jhaveri,JJ] Workman Part time employees Held, Part time employees are not

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Apr 06 1966

D. Gobalousamy Vs. Union Territory of Pondicherry and ors.

Court : Chennai

Decided on : Apr-06-1966

Subject : Constitution

Acts : Pondicherry (Administration) Act, 1962 - Sections 4, 4(2), 6, 9 and 10; Foreign Jurisdiction Act, 1947; Union Territories Act, 1963 - Sections 34; Official Language Act; Pondicherry Legislature Act, 1965; Bombay Merged Territories Areas (Jagir Abolition) Act, 1953; Foreign Jurisdiction Act, 1947; Merger Act, 1962 - Sections 9 and 10; Government of Union Territories Act, 1963 - Sections 18(2); Constitution of India - Articles 73(1), 123 and 363; Pondicherry Judicial Officers (Qualifications) Rules, 1963

Reported in : AIR1968Mad298

Appeal is now pronouncing judgments of a widely different character, and till the date of notification under the Official Languages Act, which has received the assent of the President, I do not think that anything more need be done … of the Pondicherry (Administration) Act 1962 dated 12-10-1963 and the second termed the Pondicherry Judicial Officers (Qualifications) Rules 1963, promulgated by the President of India on 5-10-1963, and that the appointments were based upon the modifications ensuing … of Pondicherry as well as the Union of India, (Respondents 1 and 2) that these appointments were made in the wake of two notifications, the … the terms of the Treaty of Cession, the Proces-Verbal and the relevant sections of the Act XLIX of 1962. The entire history can be conveniently

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Feb 21 1992

Birendra Kumar Rai Vs. Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Feb-21-1992

Subject : Narcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1988 - Sections 2, 3, 3(1), 3(2), 3(3), 4, 5, 5(2), 6, 7, 8(1), 9, 10, 10(1), 11, 11(1), 12, 13 and 41(2); Arms Act - Sections 4, 25 and 26; Motor Vehicles Act - Sections 207; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 21, 23, 27A, 28, 29, 67 and 37; General Clauses Act - Sections 21; Official Languages Act, 1963 - Sections 3(1) and 3(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 9(6), 46, 46(2), 70, 75, 76, 77 and 327; Government of India (Transaction of Business) Rules, 1961 - Rule 3; Constitution of India - Articles 3, 19, 21, 22, 22(4), 22(5), 210, 226, 343, 343(1), 343(2), 346 and 348

Reported in : 1992CriLJ3866

detention being in English and official language for the Union of India being Hindi after passing of the Official Languages Act, 1963, the detention order vitiates. The petitioner relied on Article 343(1) to urge that the Official Language of the … by the appropriate Government but only by its officer would be illegal.9. The appropriate Government is defined in Section 2(a) of 1988 Act, which is reproduced below:--appropriate Government, means, as respects a detention order made by the Central

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