Court : Karnataka
Reported in : 1995(1)ALT(Cri)651; ILR1994KAR1608
..... , mr. navadgi, j., held a contrary view against the views expressed by various other high courts regarding the intendment of section 195 and its application, specially after 1973 amendment where the words 'by a party to any proceeding in any court' was deleted. the petitioners in this case have been charged for the offence punishable under sections 466 ..... that the appellant has filed a false application enclosing forged prescription chits, cash bills etc. one of the defence taken by the appellant was that in view of the amendment made to section 195(1)(b)(ii) of cr.p.c. 1973 by deletion of the words 'by a party to any proceedings in any court', a prosecution ..... no. 12 of 1993 against the legal heirs of the deceased k. g. basavaraj. the petitioner govindaraju took the advantage of another forged documents by using them as genuine started acting as an advocate for keshava kumar in o.s. no. 12 of 1993. 6. the learned civil judge and c.j.m., shimoga, after taking cognizance has issued summons .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1983Kant30
..... no for exercise of jurisdiction under s. 115 of the c.p.c because the order refusing or granting the amendment cannot be said to fall either under clause (a) or (b) of the proviso added by the code of civil procedure (amendment) act no. 104/76 to sub-sec, (1) therefore. on the merits of the case it is submitted that ..... not vested in it by law or failed to exercise a jurisdiction so vested in it. therefore it is necessary to consider whether the trial court by disallowing the amendment, has committed an illegality or acted with material irregularity, and if so, whether it is a case for interference. it is submitted that an order allowing or refusing to allow ..... the plaintiff has based the suit on the common law right of lateral support and not on the lease-hold right; therefore if the amendment is allowed, there will be change in the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1987Kant92; ILR1986KAR2631; 1987(1)KarLJ30
..... to the contrary contained in any other law or contract. a decree is neither law nor a contract. therefore, the decree validly passed prior to the commencement of the amendment act is a valid decree executable when there is no inhibition in law for such execution. the words 'no order or decree for the recovery of possession of any premises shall ..... be made' in s. 21 of the principal act must be held to be in future. therefore, the amendment act itself being prospective and not retrospective, that was not the intention of legislature in fact. by any process known to courts it is not possible ..... word 'substitution' that is meant to be retrospective i.e. there is no express provision made, except what is mentioned in sub-sec. (2) of s. i of the amendment act, viz. 'it shall be deemed to have come into force on the thirty-first day of december, 1982.' in other words, the legislature did not intend the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1969Kant141; AIR1969Mys141; ILR1968KAR1003; (1968)2MysLJ355
..... a plaintiff withdrawing a suit, and a plaintiff withdrawing from a suit. whatever that distinction be, it is not clear what exactly was the intention of the legislature when the amendment was made.'30. the last decision relied upon by sri chouta is the one reported in air 1964 j. & k. 18, fateh shah v. mst. bega. in the said ..... to amend the plaint in that regard would have been met with the objection that it would totally change the nature of the suit. in any event, it would be a matter ..... the application filed and the order made therein by the learned munsiff are read together, it would be clear that it would not have been easy for the plaintiffs to amend their plaint so as to include the prayer for partition of several properties which are said to belong to the joint family of themselves and to the defendant. any attempt .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1968Kant296; AIR1968Mys296
..... destructive of the concept of judicial procedure, namely hearing and disposal by one and the same authority. further in view of the constitution fifteenth amendment act, introducing the amendment in article 311(2) o the constitution, the position would be further clear that the reasonable opportunity contemplated under article 311(2) of the ..... commission for the purpose of holding a departmental enquiry against a civil servant, particularly having regard to the language of the amendment effected to article 311(2) by the constitution (fifteenth amendment) act, 1963. 2. the state vigilance commission, being a delegate for the purpose of holding a departmental enquiry, cannot further ..... of the unamended rule 14a. it will thus be seen that there is an apparent conflict, between these two rules as two procedures, one under amended and another under unamended rule 14a, have been provided for continuing the pending proceedings. there is also another conspicuous difference in these provisions. while .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(4)KarLJ112
..... petitions and appellants of the writ appeals transferred to the appellate authority), before the expiry of ninety days from the commencement of the karnataka land reforms (amendment) act, 1990, whose appeal was pending immediately before such commencement, before such authority, may if it deems fit, and after condoning the laches, if any ..... learned counsel appearing for the appellants has submitted that section 17 of the karnataka land reforms (amendment) act, 1990, provides that: '17. pending proceedings.--the high court on the application filed by the appellant (which expression shall also include thepetitioners of ..... provided to seek transfer of these appeals to this court as writ petitions vide section 17 of the said act. the appellant herein thereafter filed the application under section 17 of the amended act along with application for condonation of delay which was dismissed vide the order impugned as noted hereinabove.3. the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR2976
..... proceedings initiated against these petitioners is without following the mandatory provisions as envisaged under the karnataka agricultural credit operations and miscellaneous provisions act, 1974 (hereinafter called as 'act'). further, he has vehemently submitted that the respondents have not conducted any enquiry nor given any opportunity to the petitioners to ..... in pursuance of that certificates, the 2nd respondent has issued notices for recovery against the petitioners after following the procedures prescribed in the act. there is no violation or illegality committed by the authorities in issuing the impugned certificates and notices. therefore, he has submitted that ..... 2 herein are directed to proceed with the matter in strict compliance with section 12 of the karnataka agricultural credit co-operations and miscellaneous provisions act, and to decide the same in accordance with law, after giving opportunity to the petitioners and the contesting respondent, as expeditiously as possible. .....
Tag this Judgment!Court : Karnataka
Reported in : (2003)IIILLJ300Kant
..... thus, the secretary also plays important role in the administration of sugar factory. at this stage itself, it needs to be noticed that section 29-g has been amended by the amendment act 24 of 2001, with effect from september 5, 2001, by virtue of which, the managing director is also made a member of the board of directors. therefore ..... less suited to this task, for the philosophy and the ideologies underlying it must be of necessity be expressed in broad and general terms and the process of amending a constitution is too cumbersome and time consuming to meet the immediate needs. these talks must, therefore, of necessity fall upon the courts because the courts can ..... , the managing director functions not only as chief executive of the administration of sugar factory in day-to-day affairs of the factory but also acts as an .....
Tag this Judgment!Court : Karnataka
Reported in : 1995CriLJ1491; 1995(1)KarLJ584
..... , mr. navadgi, j., held a contrary view against the views expressed by various other high courts regarding the intendment of section 195 and its application, specially after 1973 amendment where the words 'by a party to any proceeding in any court' was deleted. the petitioners in this case have been charged for the offence punishable under sections 466 ..... that the, appellant has filed a false application enclosing forged prescription chits, cash bills etc. one of the defence taken by the appellant was that in view of the amendment made to section 195(1)(b)(ii) of cr.p.c. 1973 by deletion of the words 'by a party to any proceedings in any court', a prosecution for ..... . 12 of 1993 against the legal heirs of the deceased k.g. basavaraj. the petitioner, govindaraju took the advantage of another forged documents by using them as genuine started acting as an advocate for keshava kurnar in o.s. no. 12 of 1993.6. the learned civil judge and c.j.m., shimoga, after taking cognizance has issued summons .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR1310
..... the centres of examinations etc., will be upset.11. sri mohan rangam referring to section 12(3) of the karnataka state universities act, 1976 contended that the vice chancellor shall ensure the observance of the provisions of the act, the statutes, ordinances, regulations and rules and that he shall have all powers necessary for that purpose and that the vice chancellor should .....
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