Court : Karnataka
Reported in : AIR1994Kant174; ILR1993KAR1936; 1993(2)KarLJ419
..... shall be disposed of by such court in accordance with law as if such suits or proceedings concerned had been instituted or commenced in such court.'though the amendment act came into force in 1989 itself, neither the parties nor the court had noticed that the suit in question stood transferred to the munsiff's court and the ..... they had been originally filed, whereas in the present case, the suit stood automatically transferred to the munsiff court by virtue of section 4(1)(b) of the amendment act and therefore, the civil judge could not have exercised any jurisdiction to pass any order in this case. it is difficult to accept this contention for more than ..... suits or proceedings. intendment of section 4 is not to prevent the court where appeal, suit or proceeding is pending from passing any judicial order therein after the amendment act came into force. it may be noted that section 4(1)(b) states that the suits and proceedings pending before the court of civil judge shall stand transferred .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1975Kant186; ILR1974KAR1313; 1974(2)KarLJ371
..... controlling authority in all matters connected with land and land revenue administration under this act.'section 8 provides:--'deputy commissioner:-- (1) the state government shall by notification appoint for each district a deputy commissioner, who shall be subordinate to the divisional ..... has no jurisdiction to resume the land. the relevant provisions which have material bearing on the question are sections 3 and 8 of the karnataka land revenue act, 1964, and rule 43-g (7) of the rules. section 3 provides:'chief controlling authority in revenue matters:-- the state government shall be the chief ..... order1. the question involved in this petition under article 226, is of considerable importance and that is, whether under the karnataka land revenue (amendment) rules, 1960 (hereinafter referred to as 'the rules'), the deputy commissioner of a district is competent to resume land for contravening the terms .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1988Kant243; 1988(1)KarLJ152
..... which procedure under the rule was not followed. it was held that the order of the registrar registering the amendment under s. 13(3) of the said act was beyond his jurisdiction as the proposed amendment was contrary to the act or the rules and the order of the registrar was quashed, it was further held that although the order ..... issuing a writ of certiorari quashing and setting aside the order and certificate issued by the registrar (respondent 18) under s. 12(2) of the act registering the further amendments to the proposed amendment to bye-law, no. 15. under the circumstances, i direct the parties to bear their own costs.18. petitions allowed. ..... necessary for the purpose of this writ petition reads thus:'12. amendment of bye-laws of a cooperative society (1) no amendment of any bye-law of a cooperative society shall be valid unless such amendment has been registered under this act. (2) every proposal for such amendment shall be forwarded to the registrar and if the registrar is satisfied .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR1431; 1987(3)KarLJ350
..... 1 to consider the petitioner's application dated 23-5-1987 made in form-aa under sub-rule (1) of rule 105 of the karnataka cinemas (regulation) (amendment). rules, 1987 on its merits and in accordance with law;c) issue an appropriate writ, order or direction directing respondent-1 to continue the petitioner's touring ..... magistrate, chitradurga and another, 1971(1) klj 60 a division bench of this court while considering the provisions of 1971 rules relating to no objection certificate, held thus:'the act does not make mention of 'no objection' certificate. but, in our opinion, a 'no objection' certificate is, in substance, merely the first stage in the grant ..... be inadequate to meet the situation. whether to resort to one provision or other must depend upon the subjective satisfaction of the state government upon which powers to act under section 3 have been conferred by the legislature. no doubt, this result is arrived at by placing a particular construction on the provisions of that section .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR2115; 1994(3)KarLJ124
..... . state of karnataka : air1994kant209 has ruled that circulars which are not published in the gazette in terms of the provisions of section 22a of the registration (karnataka amendment) act, 1976, is of no legal effect. it appears, the state government had preferred appeal against the said ruling of a learned single judge of this court and ..... notification in the official gazette, declare that the registration of any document or class of documents is opposed to public policy.(2) notwithstanding anything contained in this act, the registering officer shall refuse to register any document to which a notification issued under sub-section (1) is applicable.'8. this court while considering an identical ..... society since the layout in question is a private layout formed by the co-operative society concerned.5. there is no provision in the bangalore development authority act enjoining that each and every time a site has to be allotted in a private layout sanctioned by the b.d.a., the said site has to .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR2525; 1994(4)KarLJ303
..... who contended that it is neither a requirement of law nor an inflexible principle that can be culled out from the provisions of the co-operative societies act, that for amendment of the byelaws, any outsiders should be heard. in fact, mr. kamath sought to distinguish this decision on the basis of the ratio in ..... has not been agitated in these proceedings. the second respondent - bank after passing the requisite resolution, was required to obtain sanction under the co-operative societies' act for amending its by byelaws with regard to the extension of its area of operations. for this purpose, an application was made to the registrar, and the joint ..... the joint registrar. learned counsel submitted that no purpose whatsoever would be served by remanding the matter to the revisional authority because the power to sanction the amendment vests in the registrar and admittedly, the appellants had not been heard when the original sanction order was passed. reliance was sought to be placed on .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR2447
..... of the words 'capacity' and 'nature' was one and the same, i do not think that the words 'nature and capacity' would have been discontinued by the amendment act no. 56/1969. the reasonable probability would be that the object of the legislature was to consider only the nature of the vehicle and not the seating capacity of ..... the word 'nature' has been retained in sub-section (2) of section 59 of the act by virtue of an amendment which came into effect from 2-3-1970 by act no. 56/1969 and the word 'capacity' deleted specifically. earlier to the amendment, the words employed were both 'nature and capacity.'10. it would not be unreasonable to presume ..... to mean and include seating capacity also and it is relevant to consider the seating capacity while disposing of the application filed under section 59(2) of the act. according to the learned counsel, since introduction of new vehicle would involve lessening of the seating capacity, it would result in reduced service to the commuters and .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR2055
..... judge being of the opinion that an important question, viz., the ambit and scope of section 19 of the karnataka land reforms (amendment) act, 1986 (karnataka act no. 19/86) (hereinafter called 'the amendment act') falls for consideration in these petitions, has referred the same to a division bench for disposal.2. in all these petitions, the ..... it thinks fit ;provided that no such order shall be made except after giving the person affected a reasonable opportunity of being heard.'section 19 of the amendment act provides:'19. transfer of pending proceedings.- the high court may, if it deems fit, transfer to the appellate authority having jurisdiction, a writ petition preferred ..... may add but a word regarding the laches in filing the writ petitions and this court condoning it before issuing rule nisi. section 19 of the amendment act may give an impression that such writ petitions could straight away be transferred to the appellate authority without notice to the opposite party. but no matter .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR991
..... in the instant case. to reiterate, the transfer is not automatic. therefore, in view of clause (b) of sub-section (1) of section 4 of the amendment act, the learned civil judge had passed a proper order transferring the execution proceedings to the court of the munsiff who, thereafter, exercised jurisdiction to continue the proceedings in ..... waived, and cannot be raised at any later stage of the proceedings.'this was the view taken in periyakkal's case.10. therefore, by virtue of the amending act, the territorial jurisdiction of the learned civil judge having taken away and conferred on the learned munsiff in respect of suits or proceedings, the amount or value ..... arising out of the decree are saved and therefore they are not liable to be transferred to the court of the munsiff under section 4(1) (b) of the amending act.4. the learned counsel relied upon the decisions reported in:2. merala ramanna v. nallapparaju and ors., : [1955]2scr938 3. choudary raghunandan singh v. narain das .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR3072; 1996(5)KarLJ719
..... the validity of the said provisions of the act or the reasonableness thereof have been considered in writ petition nos. 20344 to 20421/1995 and ..... when the policy of the state has been explained in the budget presented to the legislature and after following the procedure under section 71 of the karnataka excise act relevant rules have been framed after inviting objections from the concerned persons and the licence fee has been fixed under those rules it is very, difficult to ..... 3 of the validation act provides that rule 8 of the karnataka excise (sale of indian & foreign liquor) rules are valid notwithstanding any judgment to the contrary on the basis that the said rule had been framed under the karnataka excise act as amended by act 2 of 1994.2. identical contentions urged in support of the challenge to .....
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