Court : Karnataka
Reported in : AIR1992Kant97; ILR1991KAR1109; 1991(1)KarLJ613
..... follows, no power to make reference exists thereafter and if made it is invalid.14. as stated earlier, section 18 of the central act was amended by the amending act of 1961 enacted by this state. the legislature of this state considered that in addition to the time within which an application seeking reference ..... corruption should not be given. we have come across several references made after two decades, particularly after several additional benefits were conferred by amending act 68 of 1984 amending the land acquisition act. in our opinion, the correct view to take is, just as the party loses the right to the reference if no application ..... :-- 'this appeal involves the question whether a reference made by the land acquisition officer under section 18(3)(a) of the karnataka land acquisition (extension and amendment) act, 1961 ('act' for short) beyond the period of 90 days stipulated therein is, by that reason alone, an invalid reference. in uppara basappa v. special land acquisition officer .....
Tag this Judgment!Court : Karnataka
Reported in : (1983)IILLJ287Kant
..... respondent submitted that there was no support for the submission in the provisions of those sections. he submitted that unless the certified standing orders are amended, following the procedure prescribed in the act, incorporating into it a provision similar to rule 15-a, it does not come into effect by its own force. 10. i shall ..... duty to pass orders on that application in accordance with law. (2) thus, it may be seen that the act itself provides a procedure for bringing into effect, any amendment made to the schedule to the act or the model standing orders and it is the workmen who have failed to utilise the said provision immediately thereafter. however ..... indicate that if any new item of condition of service is added to the schedule to the act and a model rule on that time is incorporated in the model standing orders by any amendment made to the schedule to the act and the model standing orders respectively, the certified standing orders of an establishment automatically stand modified .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR241
..... essentially involves, examination of the admitted facts, the provisions of the relevant enactments and the statutory rules. the substance of the plea stated in the application for amendment, of the writ petition, in our opinion, lays sufficient foundation to the question raised and argued. further, none of the parties can be held, as being ..... the owners of the sites in the area in question to put up multistoreyed/multi-family dwelling units;(b) the scheme under both the citb act and bda act provides for the construction of the residential houses by the owners of the sites in question and not for exploitation of those sites for construction ..... shivaprakash, who appeared for the interveners in support of the appellants' contentions. this decision proceeded on an interpretation of section 40 of the transfer of property act and the effect of the contractual covenants. said decision has no bearing on the covenants attributable to statutory rules. there are other distinguishable features, such as .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR576
..... learned counsel for the 4th respondent contended that the society is a registered house building co-operative society under the provisions of the karnataka co-operative societies act; that a three man committee constituted by the government considered the representation of the 4th respondent society and thereafter approval was accorded by the government for ..... individual persons such as sri s. rangarajan a capitalist, trading in the sale of sites. the whole purpose is opposed to the scheme of the act.it is submitted that the deputy commissioner has not considered the objections filed by the petitioners in its report submitted to the government and therefore there ..... c.b. srinivasan, learned counsel for the petitioners contended that the 4th respondent - society is a company as defined under section 3(e)(vi) of the act; therefore the person who is appointed to perform the functions of the deputy commissioner ought to have followed the provisions of the karnataka land acquisition (companies) .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR230; 1993(1)KarLJ116
..... on the date of actual division is applicable. so also in the case of transfer inter vivos the act as it stands on the date of executing the deed of transfer becomes applicable. therefore, the amendment effected to the act by karnataka act no. 15 of 1979, which came into force on 3.4.1979, became applicable to the proceeding. ..... by the karnataka act 15 of 1979, the extent of the fragment has been reduced. this reduction is in favour ..... not been put in possession of the same. it is also settled position of law, as held by this court that the karnataka prevention of fragmentation and consolidation act would be applicable and would become relevant only at the time when the actual division of the agricultural lands take place (see : basappa lachamappa mongyal v. hanumantha .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR195; 1994(1)KarLJ354
..... amount already paid to the appellant or deposited in court subject to clearing of all outstanding dues, if any, on the acquired land. (3) the benefits of the amended land acquisition act, 1894 given are subject to the final decision of the supreme court in k.s.pariapoornan and ors. v. state of kerala and ors, : air1992sc1488 . the ..... are to be modified.9. in our order dated 16.9,1993, passed on two i.as dated 2.9,1993 and 15.9.1993 dealing with the amendment application filed by the appellant we have stated that the question whether the appellant has to pay court-fees on the additional amount that is awardable under section ..... the case of assistant commissioner-cum-land acquisition officer v. mallaiah, the question that came up for consideration was whether additional amount under section 23(1-a) of the act, 1894 is awardable for the lands, the possession of which had been taken by the deputy commissioner (land acquisition officer) prior to the preliminary notification under section 4 .....
Tag this Judgment!Court : Karnataka
Reported in : [2003]133STC444(Kar)
..... functioning at bangalore for the entire state and that joint commissioner became additional commissioner of commercial taxes, bangalore by virtue of section 2(3) of the karnataka amendment act 5 of 1993. that happened with effect from february 4, 1993. thus by the time notification dated january 19, 1993 got gazetted on april 22, ..... deputy commissioner employed by the said notification is automatically to be read as joint commissioner of commercial taxes by virtue of section 2(3) of the karnataka amendment act 5 of 1993. so far as this question is concerned, the aforesaid decisions of the supreme court cannot assist the learned counsel for the revenue.22. ..... 'the deputy commissioner of commercial taxes (administration)' employed therein will have to be read as joint commissioner of commercial taxes (administration), in the light of the amending act 5 of 1993) which had already come into effect from february 4, 1993.10. in this connection mr. ramesh invited our attention to the judgments of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR4126
..... disobedience would constitute contumacious contempt.17(b). the bangalore development authority act, 1976 (karnataka act no. 12 of 1976) had come to be amended by amending act no. 11 of 1988. though that amending act was published on 7-5-1988 in the karnataka gazette, while amending section 2, it has been specifically stated that the amendment shall be deemed to have been substituted with effect from 21-4 ..... persuaded to hold that there is no wilful disobedience of the orders. no doubt, neither the definition 'amenity' in the act no. 12 of 1976 as it originally stood nor the definition 'civic amenity' in the bangalore development authority (amendment) act, 1984 (karnataka act no. 17 of 1984) took within it a centre for educational, religious, social or cultural activities. however, section 2 which .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR238; 2005(1)KarLJ391
..... with such powers and the order so passed is not only irregular but also illegal. by virtue of the definition of the words 'judicial magistrate' by amendment act 13 of 1965, the district magistrate is shown to be lacking power to initiate proceedings against the petitioner. in view of the same, the proceedings initiated ..... against the petitioner is unsustainable as the district magistrate is not vested with the power to initiate proceedings against the petitioner as per the amended provision that is introduced by mysore act 13 of 1965 from the schedule to section 66 which came into effect from 1-10-1965 wherein the word 'magistrate' refers to ..... mention the name of the editor, publisher, etc., proceedings has been initiated against the petitioner citing violation of the provisions of the press and registration of books act.6. although there are prima facie allegations against the petitioner, it would be subject-matter of enquiry by the judicial magistrate. but, the district magistrate is .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2002Kant211; ILR2002KAR300; 2003(4)KarLJ331
..... for higher education or research and scientific and technical institutions.'this entry has remained unchanged since the inception of the constitution.20. before the constitution (forty-second amendment) act, 1976, will came into force with effect from 3-1-1977, entry 11 in list ii i.e. the state list, was follow.'11. education ..... noticed overlapping of legislative fields covered by entries 66 of list-i and entry 11 of list ii [as it existed prior to its deletion by 42nd constitution amendment) laid down following principles for its resolution. (para 23) :--(i) item 11 of list ii and item 66 of list,-i must be harmoniously construed. ..... questions are closely inter-linked. therefore, for the sake of convenience and better understanding, discussions on these two questions are taken together.(i) relevant legislative enternce and amendments thereto.19. entry 66 of list-i (union list) of 7th schedule of the constitution reads as follows :--'66. co-ordination and determination of standards in .....
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