Court : Karnataka
Reported in : ILR1984KAR909; [1984]57STC335(Kar)
..... and confirmed by the learned sessions judge deserves to be set aside. 5. it appears, there is a lot of force in this contention. while under section 10 of the act (as amended by act 7 of 1981) it is obligatory on every dealer whose total turnover in any year is not less than fifteen thousand rupees, to get himself registered under the ..... , to a person whose turnover was rs. 15,000 or more. therefore, the fact that as provided under section 12(1) (as amended by act 7 of 1981) of the act every dealer whose turnover is rs. 15,000 or more in a year and every dealer who is liable to get himself registered under sub-section (2) of section 10, ..... act. under section 12 of the act, notwithstanding anything contained in section 12-b, every dealer whose turnover is fifteen thousand rupees or more in a year and every dealer who is .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR705
..... the plaintiff's land in survey no. 192. there was an enquiry by the assistant commissioner as an irrigation officer purportedly under section 12 of the irrigation act ('act' for short). the assistant commissioner held that the defendant had the right to take water through a small channel called 'pilla kaluve' which is existed in ..... case the challenge being - totally belated and has therefore got to be brushed aside, and what follows is that the assistant commissioner must be presumed to be acting as an irrigation officer in accordance with law, until the contrary is proved. it therefore becomes evident that the challenge to the assistant commissioner's authority in ..... against the concurrent set of judgments rendered by the two courts below holding that he was vainly contending against the decisions of the authorities under the irrigation act, upholding the defendant's right to take water from a smaller channel coursing through the plaintiff's land in survey no. 192 of prabhuvanahalli to his .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR2918; 2004(4)KarLJ632
..... 226 and 227 of the constitution.(2) interlocutory orders, passed by the courts subordinate to the high court, against which remedy of revision has been excluded by the cpc amendment act no. 46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court.(3) certiorari, under article ..... matters frequently arise before the high courts. we sum up our conclusions in a nutshell, even at the risk of repetition and state the same as hereunder:-(1) amendment by act no. 46 of 1999 with effect from 1.7.2002 in section 115 of the code of civil procedure cannot and does not affect in any manner the ..... first instance as there will be no prejudice caused to the parties. further, the position is also well settled that there is no bar under the act to file an application for amendment of the claim application in regard to quantum of compensation claimed as it is clearly held in the reported decision of the apex court reported in ( .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR1615; 1993(2)KarLJ259
..... the contingency fund was established with a sum of rs. 1 crore drawn out of the consolidated fund and this amount was enhanced by subsequent amendments to the act section 3 of the act states, inter alia, that no advance shall be made out of such fund except for the purposes of meeting unforeseen expenditure pending authorisation of such ..... therefore the learned single judge erred in quashing the contract awarded to the appellant.14. the writ petition was filed on 16th july 92, however writ petition was amended subsequently in some respects, in november 1992. it was pointed out that the petitioners did not care to seek any relief against the order of the government made ..... asserted that the third respondent was promoted as the chief secretary by the second respondent superseding many senior i.a.s. officers.3. the writ petition was amended on 10th november 1992 and it was averred by the petitioners that as on the said date not a single machine was supplied and that the provisions of article .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2003Kant407; ILR2003KAR2559; 2004(2)KarLJ28
..... order. the following observations of the supreme court are relevant:'by adding the proviso along with an explanation (to rule 3) the purpose and the object of the amending act appears to be to compel the party challenging the compromise to question the same before the court which had recorded the compromise in question. that court was enjoined to ..... compromise decree and such a suit will not be barred either by the principle of res judicata or estoppel.15. the effect of the amendments to provisions of orders 23 and 41 of cpc, effected by act no. 104/1976, can conveniently be summarised thus:(i) if a party to a suit who enters into a compromise in terms of ..... as to the validity of a compromise decree.10. to resolve the conflict, certain amendments were made to cpc by act 104 of 1976. rule (3-a)was introduced with consequential amendments by adding an explanation to rule 3 and by inserting rule 3b. order 43 was simultaneously amended by deleting clause (m) of rule 1 and by adding rule 1a. we .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR208
..... the legislature in incorporating sub-section (5) was only to ensure speedydisposal of an application under section 33(2)(b) of the act stands reinforced by the amendment made to the saidprovision under the industrial disputes (amendment) act, 1982, which has already become the law, though has not been brought into force by the executive. it reads ..... the scope of these sections, the supreme court said thus at para 13:'13. the object of section 22 of the 1950 act like that of section 33 of the 1947 act as amended is to protect the workmen concerned in disputes which form the subject matter of pending proceedings againstvictimisation by the employer on account ..... :'amendment to section 33.17. in section 33 of the principal act, in sub-section (5), - (a) for the words as 'expeditiously as possible' the words 'within a .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(114)ELT814(Kar); 1999(4)KarLJ90
..... considered over the matter. it appears that the provisions of section 14(1) of the customs act were amended keeping in view the gatt agreement as is evident from the object and reasons of customs (amendment) act, 1988 which reads as under.-'the customs act, 1962 (52 of 1962) deals with the law relating to levy of duties of customs. ..... paid could be on the basis of objective and quantifiable data. it appears that the present rule 9(2) was amended on 5th july, 1990 to bring in consonance with the gatt agreement. section 14 of the customs act, 1962 reads as under: 'valuation of goods for purposes of assessment.- section 14(1) -- for the purposes of ..... prevailed prior to 5th of july, 1990, to determine value at actuals for loading, unloading and handling charges, the petitioner is aggrieved with such an amended provision as beyond competence of section 14 of the customs act. the question of handling charges whether includable in assessable valuation of the goods under section 14 of the customs .....
Tag this Judgment!Court : Karnataka
Reported in : 2004(5)KarLJ610
..... of 1992. again this court dismissed that petition on 8-12-1995.9. the legislature has brought third amendment act 1993 in respect of the bda act to section 38(c), wherein the bda was empowered to make amendment in certain cases. accordingly reconveyance of the said site was made in favour of the respondent. in the said ..... done under section 38(c) of the principal act. therefore, the contention of the learned counsel for the petitioner that the bda has no power to reconvey ..... amendment the bda was given powers to validate certain reconveyance. accordingly reconveyance was permitted in the act. therefore, no suit or other proceeding shall be instituted, maintained or continued in any manner for cancellation of such amendment or for quashing the validity of any action taken or .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR812; 1991(3)KarLJ117
..... making reference to the police. then, after receipt of the report, his successor ordered to issue summons to the complainant presumably exercising his power under section 142 of the act. he also invoked the law laid down by the supreme court referred to above. hence, it cannot be said that the order of the learned magistrate is in ..... that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheque, or with ..... notice, the petitioner failed to pay the amount. then, the 2nd respondent filed a complaint under section 200 cr.p.c. read with sections 138 and 142 of the act before the vii additional chief metropolitan magistrate, bangalore city, to take action against the petitioner. the said complaint was filed on 29-11-1990. the procedure regarding recovery .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR2711
..... transport (rajasthan) limited etc.-v.- state of rajasthan and others and m/s international tourist corporation etc.-v.- state of haryana and others).16. the act, which is a consolidating and amending act was enacted by the new state of karnataka to levy taxes on motor vehicles by virtue of the legislative powers derived from article 264(3) and entry ..... and goods in stage carriages and public carrier vehicles in the state. the 1961 act has been re-pealed from 1-7-1976 by the karnataka motor vehicles taxation (amendment) act, 1976 however, merging the taxes levied under the act. from 1-7-1976 the act has pro-vided for levy of taxes on motor vehicles and on passengers and goods ..... . with this brief backdrop, it is necessary to closely examine sections 3, 3a, 4, 5, 6 and 8 of the act that alone bear on .....
Tag this Judgment!