Court : Karnataka
Decided on : Aug-18-1978
Reported in : AIR1979Kant24
..... of a house of such legislature, shall be those of that house, and of its members and committees, at the commencement of s. 34 of the constitution (forty-second amendment) act, 1976, and as may be evolved by such house of the legislature of a state, so far as may be, in accordance with those of the house of the ..... house of the legislature of a state or any committee thereof as they apply in relation to members of that legislature.' clause (3) of art, 194 after its amendment by the 42nd amendment of the constitution reads:- '(3) in other respects, the powers, privileges and immunities of a house of the legislature of a state, and of the members and ..... is art, 194 of the constitution which corresponds to art, 105 which is enacted in relation to the union parliament. article 194 as it stood prior to its amendment by the 42nd amendment of the constitution read as follows:- '194(1) subject to the provisions of this constitution and to the rules and standing orders regulating the procedure of the .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-14-1978
Reported in : AIR1979Kant71; ILR1979KAR1097
..... . therefore by the omission of words 'for which a licence had been obtained' under s. 8, the rest of the clause would be valid. the effect of the amending act is that the above mentioned words were deemed to have been omitted as from april 1, 1956 and the rest of clause (b) is not repugnant to any of the ..... it was rendered unconstitutional by reason of sections 4 and 5 in the central act but that portion which deals with taxation cannot be held to be void because as a result of the amending act the words which were repugnant to the provisions of the central act were subsequently declared by the mysore legislature to be deemed to have been omitted ..... referred to it by the state legislatures. in s. 51 (xxxvii) or in any provision of the australia constitution, there is no express provision providing for the amendment or repeal of an act passed by the federal parliament. but dr. wynes in his classic treatise on the legislative, executive and judicial powers in australia, iii edition at p. 220, is .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-31-1978
Reported in : 1978(2)KarLJ108; [1978]42STC251(Kar)
..... section (6-a) of section 22, sub-section (7-a) of section 23 and sub-section (1) of section 25-a of the principal act as amended by the amendment act, require that the person or the department to be adversely affected by the proposed rectification should be given a reasonable opportunity of being heard before an ..... a) of section 22, sub-section (7-a) of section 23 and sub-section (1) of section 25-a, which are introduced into the principal act by the amendment act solely for the purpose of empowering the assessing and appellate authorities, the revising authority, the appellate tribunal and the high court with the power to rectify mistakes ..... proposed rectification to evade service of notice of such proceedings. such an intendment can never be attributed to the legislature which specially enacted section 8 of the amendment act in the circumstances already adverted to, inasmuch as attribution of such intendment will have the effect of defeating the very purpose of the provision. there is .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-04-1978
Reported in : AIR1979Kant154; ILR1979KAR353; 1979(1)KarLJ188
..... in the accident in the case before them, does not appear to be sound. what was urged before the learned judges was that regard being had to the amendment act 56 of 1969, the persons injured or the legal representatives of the persons who are killed in accidents involving motor vehicles are conferred with certain rights and those rights ..... madras high court did not make a comparative analysis of the provisions of sections 110-a and 110-b of the act with the provisions of the 1855 act before coming to the conclusion that the provisions of the amendment act are wholly procedural in nature.21. our attention was invited to two decisions of the supreme court holding that the ..... passenger who was injured or dead in the accident. though the learned judges were right on the first point in not considering the effect of the amendment to section 95 of the act by act 56 of 1969, we are of the view that the second reasoning that they were not concerned with any passenger who was inured or dead .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-23-1978
Reported in : AIR1978Kant136; ILR1978KAR872; 1978(1)KarLJ459
..... it has to be mentioned at this stage that after the decision was given by trial court, the act was amended by karnataka act 1 of 1974. by the said amending act, which came into force on 1-8-1974 the original section 44 of the act was substituted by the new section 44 by providing that all lands held by or in the possession ..... consideration was not seriously canvassed by either of the parties before this court and the learned judges who decided the case had not taken into consideration the amendments made in the act by karnataka act 1 of 1974. the above case arose out of a suit instituted in the year 1967 and it has been disposed of on the basis of ..... and to perform such other duties and functions that were imposed on it by the provisions of the act. section 133 of the act was also amended by kamataka act 1 of 1974. section 133 is however since substituted by the new section 133 by the karnataka act 27 of 1976. it now reads as follows:'133. suits, proceedings, etc. involving question required .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-20-1978
Reported in : ILR1979KAR148; [1978]115ITR301(KAR); [1978]115ITR301(Karn)
..... s. a. l. narayan row v. ishwarlal bhagwandas : [1965]57itr149(sc) . in that case, regular assessment had been made by the ito on march 31, 1953. the indian income-tax (amendment) act, 1953, came into force on may 24, 1953, but was given retrospective effect from april 1, 1952. it added the fifth proviso to sub-s. (6) of s. 18a of ..... an order made under s. 215 or s. 216 or s. 217 of the act form part of an assessment order 10. prior to the amendment of s. 18a of the 1922 act by incorporation of the fifth proviso to sub-section (6) thereof by the indian income-tax (amendment) act, 1953, with effect from april 1,1952, the ito could pass an order, if ..... . (6) or sub-s. (8) of s. 18a in addition to the tax assessed because the provisions of s. 18a before that amendment were almost similar to the provisions of s. 8 of the u.p. sales tax act. 1948, which came up for consideration before the supreme court in haji lal mahd. biri works v. state of uttar pradesh : [1974]1scr25 .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-09-1978
Reported in : 1979(1)KarLJ64; [1978]42STC353(Kar)
..... the impugned orders, were made prior to 9th june, 1970, the date on which the karnataka sales tax (second amendment) act, 1970 (hereinafter called the amendment act), is deemed to have come into force, the impugned orders are governed by section 8 of the amendment act, which reads as follows : '8. limitation for making order of rectification of mistakes in certain cases. - ..... not necessary for these cases). 9. the above section provides that where an order sought to be rectified was made prior to the commencement of the amendment act, proceedings to rectify such order may be initiated within 5 years from the date of such order or within one year from the commencement of the ..... amendment act, whichever is later. this section provides the time-limit only for commencing the rectification proceedings and not for completing them. the time-limit of 5 years .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-30-1978
Reported in : AIR1979Kant79
..... the reason of the remedy.' 15. it is in this light that we have to examine s. 110(1) and s. 110-a(1) of the act. before the amending act 56 of 1969, the high courts in india rendered conflicting decisions on whether the claims tribunal could entertain a claim for damages to property. some of the high ..... to entertain and try a claim petition pertaining to damages to property alone.5. the short point, therefore, that arises for our consideration is, whether after the amending act 56 of 1969 the claims tribunal is entitled to entertain, try and adjudicate upon a claim with regard to damages to property, involved in a motor accident, ..... the tribunal was not justified in coming to the conclusion that the claims tribunal could not entertain petitions claiming only damage to property. he submitted that after the amending act 56 of 1969, the claims tribunal could entertain such petitions. as against that, the learned advocate appearing for the respondents in this case submitted that reading of .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-19-1978
Reported in : [1978]115ITR493(KAR); [1978]115ITR493(Karn)
..... court in cit v. dharmodayam co. : [1977]109itr527(sc) : 'nothing really turns on the respondent's articles of association or on the circumstances that art. 39 was amended in 1963 after the high court gave its judgment on december 30, 1961. art. 39, as it then stood, has been set out at page 480, para. 9, ..... which are in fact undertaken or intended to be undertaken. that obviates the necessity for applying for amendment of the articles from time to time and helps to rule out a possible challenge on the ground that the company has acted beyond its powers in undertaking a particular form of activity. the only activity in which the respondent ..... was modified by qualifying the object of general public utility by the addition of the words 'not involving the carrying on of any activity for profit'. s. (15) of the act which defines 'charitable purpose' reads : '2. (15) 'charitable purpose' includes relief of the poor, education, medical relief and the advancement of any other object of general .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-07-1978
Reported in : AIR1979Kant89; ILR1978KAR1713; 1978(2)KarLJ429
..... no appeal was maintainable against the orders in question as was admittedly the legal position under the code of civil procedure, 1908, as it stood prior to its amendment under the amendment act, to be referred to as the old code. this is how the question formulated by me at the outset has arisen for my decision.3. as my ..... 58 of order xxi of the code of civil procedure, 1908, as amended by the amendment act, to be referred to as the amended code, is the order of adjudication so made by the executing court a decree as would enable the aggrieved party to question the same in ..... 'when third party's claim to or objection to attachment of any property attached, after the coming into force of the code of civil procedure (amendment) act, 1976, to be referred to as the amendment act, in execution of a decree on the ground that such property is not liable to such attachment, is adjudicated upon by the executing court under rule .....
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