Court : Karnataka
..... interpreted here is in a taxing statute; full effect should be given to all the words used therein. if a particular article would fall within a description, by the force of words used, it is impermissible to ignore that description and denote the article under another entry, by a process of reasoning. the meanings given to articles in a ..... in order and does not call for any interference at our hands. the question for consideration is whether the expression used in explanation ii to entry 16b as was in force at the relevant time would include paper boards, pulp boards, and duplex boards. the expression used in entry 16b is only paper . the legislative history indicates that the ..... implication. 17. the supreme court in the case of state of u.p. and another reported in air 1977 sc 132, has held as under: 7. the word paper admittedly not having been defined either in the u.p. sales tax act, 1948 or the rules made thereunder, it has to be understood according to the afore-said well established .....
Tag this Judgment!Court : Karnataka
..... does not call for any interference at our hands. the question for consideration is whether the expression used in explanation ii to entry 16b as was in force at the relevant time would include paper boards, pulp boards, and duplex boards. the expression used in entry 16b is only "paper". the legislative history ..... in thickness and formation. such material is being used by the electrical industry for insulation. 35. chapter 1 preliminary of the bureau of indian standards act, 1986 is an act to provide for the establishment of a bureau for the harmonious development - 47 - of the activities of standardization, marking and quality certification of ..... - 29. industrial laminated sheets which are paper based are used for electrical insulation. glass epoxy laminates are also used as electrical insulators. the new tariff act contains a separate section xvi which deals, inter alia, with electrical equipment and parts thereof. chapter 85 which forms part of section xvi deals with electrical machinery .....
Tag this Judgment!Court : Mumbai
..... 2005 is prospective and would have no application where succession opened prior to the amendment act of 2005 coming into force. (d) the division bench did not agree with decision of the karnataka high court in pushpalatha n. v. v/s. v. padma (air-2010-karnataka-124)wherein it was held that the section is retrospective and would apply ..... however, the widow was entitled only to limited estate in the property i.e. life estate and could not dispose of the property during her life time. principal act 17. in 1950, while framing the constitution, articles 14, 15(2)and (3) and 16 of the constitution of india, sought inter alia to restrain practice of discrimination against women ..... is cited may be reluctant to hold that its predecessor failed to consider a point directly raised in the case before it (gibson vs. south american stores ltd. (1950)ch.177 at 196-197 (c.a.)), and this reluctance will be particularly pronounced if the sub silentio attack is levelled against not one case but a series ( .....
Tag this Judgment!Court : Karnataka
..... to as the improvement act) was applicable to the bangalore area prior to coming into force of the b.d.a. act. the supreme court in the land acquisition officer, citb, bangalore vs. h. narayanaiah and others (air 1976 sc 2403) examined the various provisions of the improvement act and observed thus:- "4. the bangalore act, as its preamble ..... decision of the privy council is the one in secretary of state vs. hindustan coop. society ltd. [air 1931 pc 148]. there the provisions of the calcutta improvement act, 1911 (act 13/1911) fell for consideration. that act coupled with its schedule contained provisions not only for issuing relevant notification in regard to acquisition but also for ..... it may hence be concluded that the repeal of the la act and the coming into force of the 2013 act would not frustrate further acquisition proceedings under the bda act. for even without an amendment to section 36 of the bda act, the provisions of the 2013 act, in so far as they are applicable, would operate to .....
Tag this Judgment!Court : Karnataka
..... . it may hence be concluded that the repeal of the la act and the coming into force of the 2013 act would not frustrate further acquisition proceedings under the bda act. for even without an amendment to section 36 of the bda act, the provisions of the 2013 act, in so far as they are applicable, would operate to regulate ..... provisions of sections 17, 18, 27 and 36 of the b.d.a. act.10. the city of bangalore improvement act, 1945 (herein-after referred to as the improvement act) was applicable to the bangalore area prior to coming into force of the b.d.a. act. the supreme court in the land acquisition officer, citb, bangalore vs. h. ..... by virtue of the right to fair compensation and transparency in land acquisition, rehabilitationand resettlement act, 2013 having come into force. in so far as the first point for consideration is concerned, the question that if the proivsions of the la act are to be construed as legislation by incorporation vis- -vis the regulation of acquisition proceedings .....
Tag this Judgment!Court : Karnataka
..... the authority the necessary funds for framing and carrying out any scheme; or (iii) otherwise. (3) notwithstanding anything in this act or in any other law for the time being in force, the government may, whenever it deems it necessary require the authority to take up any development scheme or work and execute it ..... decision of the privy council is the one in secretary of state vs. hindustan coop. society ltd. [air 1931 pc 148]. there the provisions of the calcutta improvement act, 1911 (act-13/1911) fell for consideration. that act coupled with its schedule contained provisions not only for issuing relevant notification in regard to acquisition but also ..... to as the improvement act) was applicable to the bangalore area prior to coming into force of the b.d.a. act. the supreme court in the iand acquisition officer, citb, bangalore vs. ii. narayanaiah and others (air 1976 sc 2403) examined the various provisions of the improvement act and observed thus:- "4. the bangalore act, as its preamble .....
Tag this Judgment!Court : Karnataka
..... of the authority the necessary funds for framing and carrying out any scheme; or (iii) otherwise. (3) notwithstanding anything in this act or in any other law for the time being in force, the government may, whenever it deems it necessary require the authority to 244 take up any development scheme or work and execute it ..... proceedings. it may hence be concluded that the repeal of the la act and the coming into force of the 2013 act would not frustrate further acquisition proceedings under the bda act. for even without an amendment to section 36 of the bda act, the provisions of the 2013 act, in so far as they are applicable, would operate to regulate ..... the time of acquisition proceedings will apply to acquisition made under the bda act. in view of the repeal of the la act and the coming into force of the 2013 act, during the pendency of these proceedings, it would be the corresponding provisions under the 2013 act, in so far as they are applicable, that would regulate the acquisition .....
Tag this Judgment!Court : Supreme Court of India
..... the court may try an issue relating to the jurisdiction of the court or the bar to the suit created by any law for the time being in force as a preliminary issue. the controversy pertaining to the provisions contained in order 14 rule 2 had come up for consideration before this court in major s.s ..... | | | |him | the learned counsel for the respondent would contend that the plaintiff is not a trust as understood within the parameters of section 10 of the limitation act and, therefore, the learned single judge has rightly opined that article 59 would be applicable. the learned counsel further submits that assuming article 59 is not attracted and any other ..... even under the said article the suit for recovery of possession was also barred by time. the learned single judge also referred to section 27 of the limitation act, 1963 and ruled that the defendants or their legal representatives had acquired right, title and interest by adverse possession and, therefore, the suit was not tenable being .....
Tag this Judgment!Court : Mumbai
..... rent control laws in operation in the state; (c) clause 2(2) ensures that the existing protection to the tenants in the areas where the three rent acts are in force remains unaltered; (d) rents have remained frozen at prewar levels. a certain degree of relief in increase in rent was provided to the landlords in the ..... of special jurisdiction as referred in section 28 was frequently considered. in that regard, reliance placed by mr. devitre on the judgments of the learned single judge reported in air 1967 (bombay) 434 (vishnu dutt vashisth v/s maharashtra watch and gramophone company and firm at bombay and others) and 2005 (3) bombay cases reporter 579 ( ..... then has referred to several decisions including a full bench judgment of this court in the case of dattatraya krishna jangam v/s jairam ganesh gore reported in air 1965 bombay 177. the honourable supreme court held that before getting injunction, whether temporary or permanent, the plaintiff has to establish a legal right for the said .....
Tag this Judgment!Court : Karnataka
..... 385 (fb)], the learned district judge has noted that the alienation had taken place between 01/02/1963 and 07/08/1978, the latter being the date of the amendment act. he has also held that the deputy commissioner was not right in making the order of regrant in the name of the petitioner and that it had to be made ..... nagappa, brother of the petitioner herein. the petitioner had filed an application for regrant of the aforesaid land under section 5 of the karnataka village officers' abolition act, 1961 (hereinafter, referred to as the "act", for brevity). after enquiry, an order was passed by the tahsildar, which was assailed by the petitioner in m.a.no.12/2003. the order of the .....
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