Court : Karnataka Dharwad
..... but the state was proceeding on a mistaken impression that the interim order of the apex court dated 2.4.2007, as having revived the karnataka act no. 33/2001, enabling it to amend the said enactment vide the 2011 amendment act. the same is under challenge in these petitions on grounds and contentions fully covered in their favour by the ..... said amendment is pending consideration in the writ petition (s) before the high court. in ..... special leave petition (civil) no. 5398 of 2007), operation of the order of the high court has been stayed. the effect of the interim order dated 2nd april, 2007 is that the aforesaid act of 1997 continues to be in force. in the meantime, the aforesaid act of 1997 has been amended and we are told that the validity of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... has seriously doubted the above contention for more than one reason. it is held that in the first place, though section 3 of the amendment act of hindu succession (amendment) act 2005 has substituted with effect from 9 september 2005, erstwhile section 6 by the new section 6, it cannot be said that the new ..... address the questions of law thus : "i) whether section 6 of the hindu succession act, 1956 as amended by the amendment act, is prospective or retrospective in operation. ii) whether section 6 of the hindu succession act, 1956 as amended by the amendment act, 2005 applies only to daughters born after 9.9.2005?" the above questions have been ..... questions had been referred for opinion: "(i) whether section 6 of the hindu succession act, 1956, as amended by the amendment act, 2005 is prospective or retrospective in operation? (ii) whether section 6 of the hindu succession act, 1956 as amended by the amendment act, 2005 applies to daughters born prior to 17.6.1956? (iii) whether section 6 .....
Tag this Judgment!Court : Karnataka Dharwad
..... sri.r.l.patil, learned counsel for the appellants submits that in the light of sub section 2 of section 3 of the karnataka land reforms (second amendment and miscellaneous provisions) act, 1974, for short 'act', the judgment and compromise decree in o.s.no.182/66 is rendered nugatory and that the land tribunal is duty bound to confer occupancy rights of ..... were passed in the aforesaid proceedings and it is further provided that every such court should deal with the proceedings as if sub-section (2) of section 133 as amended by act 31 of 1974 was in force. in other words, the civil court must refer the question of tenancy to the land tribunal and only after the receipt of the ..... 16.07.2002 conferred occupancy rights on the father of the petitioners which when called in question in w.p.no.28770/2002 was quashed by order dated 01.06.2007 annexure-g, formulating an issue as to who was/were cultivating the land, in the fact situation as on 01.03.1974 and there afterwards, to take a decision .....
Tag this Judgment!Court : Karnataka Dharwad
..... an obligation on a driver to hold an effective driving licence for the type of vehicle which he intends to drive. section 10 of the act defines forms and contents of licence to drive. prior to the amendment with effect from 28-3-2001, the medium goods vehicle was in existence. it was replaced by transport vehicle. however, the light motor ..... . the judgment relied upon by sri s.k. kayakamath, in zaharulnisha's case and also the judgment of the full bench of this court in mfa no. 12579 of 2007, disposed of on 8-9-2011 are not applicable to the facts of the present case. in the judgment of hon'ble supreme court referred to above, the person holding ..... scc (cri.) 431 : 2008 air scw 3251 and a full bench decision of this court in mfa no. 12579 of 2007 disposed on 8th september, 2011. in elaborating his contentions, he has contended that section 10 of the motor vehicles act, 1988 prescribes forms and contents of licences to drive. section 10(2) provides for different types of vehicles. the holders .....
Tag this Judgment!Court : Karnataka Dharwad
..... such a co-operative society. this society was registered on 17.9.1952 and the byelaws adopted subject to certain amendments on 2nd october 1952. these byelaws were further amended in view of the karnataka co-operative societies act 1959 in the special general meeting held on 19.9.1979. (emphasis supplied) 13. the words malik and ..... 251/- being loss carried forward and computed income as nil after claiming deduction of rs.3,45,021/- under section 80p(1)(d) of the income tax act, 1961 ( the act for short) as per the profit and loss account; vii) a notice under section 148 was issued. in reply, respondent assessee asserted that the total ..... the vat returns, details of cash sales, computation of income etc., were filed. however, chartered accountant s certificate certifying the audit under section 44ab of the act was not filed. therefore, chartered accountant was summoned and his statement was recorded. he was specifically called upon to answer a question as to whether transfer to distribution .....
Tag this Judgment!Court : Karnataka Dharwad
..... was ushered in during the british regime in the year 1894 and has continued to rule the roost even today though some amendments have been made to this act sporadically. 96. insofar as the general land acquisition act, 1894 is concerned, the guiding factor is acquisition of private lands purpose. as our country was ruled by british and the ..... heard the objections of all persons, who had appeared and forwarded his report to the state government after passing an order under section 28(3) of the act on 12.04.2007, opining that it was necessary to acquire the notified lands in the interest of development of industries and therefore he is ordering for issue of notification under ..... instance of colourable exercise of power, in this regard learned counsel has relied upon the judgment render by this court on 07.03.2012 in wa no.1938 of 2007 and connected matters. 27. sri datar submits that in the instant case also the state government has not formed an independent opinion before issue of section 28(1 .....
Tag this Judgment!Court : Karnataka Dharwad
..... j, for acquisition. w.p.no.5904/2006 filed challenging the notification under section 28(1) was dismissed on 06.03.2007, with liberty to challenge the notification under section 28(4) of the act, if issued. respondent no.1 passed order dated 10.09.2008, dropping the acquisition proceedings and as a consequence, issued ..... objections, recommended the acquisition, vide annexure-j. w.p.no.5904/2006 filed challenging the notification issued under section 28(1) was dismissed on 06.03.2007, with liberty to challenge the final notification under section 28(4). respondent no.4 having submitted an application before respondent no.1, an order dated 10. ..... sufficiently demonstrate compliance with the requirements of the section 28(4) of the act. (emphasis supplied) 14. in laxmanrao bapurao jadhav and another vs. state of maharashtra and others, (1997) 3 scc 493, apex court, while taking note of local amendment empowering the authorized officer to satisfy himself whether the land was needed for a .....
Tag this Judgment!Court : Karnataka Dharwad
..... he would submit that the first writ petition was filed challenging the sale notice dt.25.5.2007 and later it was amended to challenge the sale notice dt.5.7.2007 pursuant to which sale negotiations were held on 31.7.2007, while the second writ petition was preferred impugning the order by the managing director of the ..... facts and circumstances of the case, this court is of the considered opinion that, non-production/screening of the material from the scrutiny by the court, is an act of suppression of material evidence from the court. 73. in view of the above, the appeal of the auction purchaser is devoid of merits. the following citations ..... a consequence of its failure, the corporation exercised the powers vested in it under section 29 of the state financial corporation act (for short the act ) and took the possession of the running hospital on 21.04.2007. the mahazar was drawn up and the premises were locked and the corporation deployed its own security. thereafter, the corporation .....
Tag this Judgment!Court : Karnataka Dharwad
..... and decree dated 31.03.1980, an appeal was filed under section 96 of cpc in rfa 195/1980 before this court. in view of amendment to section 19 of the karnataka civil courts act and in view of enhancement of pecuniary jurisdiction of the district court, appeal stood transferred from this court to the district court, dharwad and numbered ..... to the details of the marriage. taking into consideration the inconsistent stand of the 1st defendant and the manner in which he has chosen to get his written statement amended two years after the filing of the original written statement and the inconsistencies and suppression of material aspects from the purview of the court by dws. 1 to 3 ..... is his only wife and defendants 2 to 4 are born out of his marriage with balawwa. two years after the filing of the written statement, it was got amended to include some material averments. according to the 1st defendant, the said venkavva was a lady of loose character and that she had lived with one desai and as .....
Tag this Judgment!Court : Karnataka Dharwad
..... clear that the family of the appellant-accused owned large extent of lands and major portions of their holdings were lost pursuant to the amendment brought to the karnataka land reforms act in the year 1974. this show that the appellant-accused hailed from a rich family owning large extent of lands and therefore it would ..... sub-section (1) of section 13 corresponds to clause (e) of sub-section (1) of section 5 of the prevention of corruption act, 1947 (referred to as 'the old act'). but there has been drastic amendments. under the new clause, the earlier concept of "known sources of income" has undergone a radical change. as per the explanation appended ..... evidence placed by him with regard to the pecuniary advantages received by him as inadmissible in criminal prosecution lodged under the provisions of the prevention of corruption act. the apex court has clearly held that in such fact situation, the accused cannot be fastened with criminal liability for want of compliance of said requirement, .....
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