Court : Karnataka
Decided on : Nov-18-1994
Reported in : ILR1995KAR193; 1995(1)KarLJ632
..... price or prices higher than the price or prices fixed by the central government under section 16(1) of the act. section 20 of the act deals with the export of coffee. section 22 of the act as substituted by amendment act of 1994 provides for allotment of free sale quota. section 25 deals with the surplus coffee and surplus pool. ..... the length of the voyage or journey, as the case may be, on which the vessel or aircraft is about to proceed, or (ii) carried as per personal baggage of a passenger not exceeding such quantities as the central government may, by notification in the official ..... as if the provision made by this section had been made by notification issued under section 11 of that act. provided that nothing herein contained shall apply to coffee - (i) shipped as stored on board any vessel or aircraft in such quantity as the collector considers reasonable, having regard to the number of the crew and passengers and .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-02-1994
Reported in : ILR1994KAR3175
..... taxes 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 5/93. that happened with effect from 4.2.1993. thus by the time notification dated 19.1.1993 got gazetted on 22.4.1993 there was ..... the term 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 5/93. so far as this question is concerned, the aforesaid decisions of the supreme court cannot assist the learned counsel for the revenue.22. however, mr. ..... term 'the deputy commissioner of commercial taxes (admn.)' employed therein will have to be read as joint commissioner of commercial taxes (admn.), in the light of the amending act 5/93 which had already come into effect from 4-2-93.10. in this connection mr. ramesh invited our attention to the judgments of the supreme court .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-05-1994
Reported in : ILR1995KAR1856; 1994(5)KarLJ186
..... the second proviso to section 4 further directs and provides that with effect from the commencement of the karnataka agricultural produce marketing (regulation) and, certain other laws (amendments) act came into existence in 1991. if a market area on that date has been consisting of more than a district or if the market area consisted of an area ..... be less than a taluk and more than a district:provided further that if on the commencement of the karnataka agricultural produce marketing (regulation) and certain other laws (amendment act, 199t), any market is more than a district or less than a taluk such market area shall be altered and market committees of such market area shall be ..... or be taken to be subject to sections 3 and 4. they submitted that if the act is construed in the manner suggested by the learned counsel for the petitioner, it may amount to courts entering into the field of legislation and amending the language of section 144.on behalf of respondent no. 3 - sri. b.g, sridharan .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-02-1994
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
Decided on : Dec-15-1994
Reported in : ILR1995KAR273; 1994(5)KarLJ409
..... . this came into force on 1.10.1986 and from that date, a separate dharwad agricultural university came into existence. section 7-a was introduced in the amendment act and under sub-clause (c) of section 7a every teacher and other employees of the bangalore agricultural university and serving in or attached to any of the institutions ..... in the official gazette specify and the agricultural university was formed by taking over the management of the colleges mentioned above. while so, in 1986, the university act was amended and by section 3(1)(a), it was provided that the agricultural university, bangalore shall cease to have territorial jurisdiction over the area comprising the districts of ..... possible, since i would be retiring from uas on 30.6.1989. i am enclosing 4 copies of form no. 1 as indicated in the above cited amended statutes.' this covering letter was sent along with the option form and it would make absolutely clear that the petitioner opted for the pension scheme. the option form .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-11-1994
Reported in : ILR1994KAR630; 1994(2)KarLJ462
..... liberal approach and should not be hypertechnical and should entertain time barred applications filed under section 28a having in view objects of the amendment of the land acquisition act. it is to be stated that we are not in agreement with the above proposition. it is clear that the reference court in these cases ..... technical plea if the plea is well founded. but the question of the court exercising its inherent jurisdiction or condoning the delay under section 5 of the limitation act would not arise in the circumstances of the case.6. it is argued by sri hatti, learned counsel for the respondents, that the courts should adopt a ..... certain awards were passed pertaining to respective lands covered under different preliminary notifications, by the l.a.o. and on a reference made under section 18 of the act, the reference court enhanced the award amounts passed by the l.a.o. the details of the references are mentioned in tabular statement:-casenoslaccourt awardedrs. peracresy,no. .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-23-1994
Reported in : ILR1994KAR1817; 1994(2)KarLJ611
..... of high court and other criminal appeals shall be heard by a single judge of the high court.' the provisions of section 5 of the act was amended by act no. 6 of 1994 - the karnataka high court (amendment) act, 1993 - which received the assent of the governor on 8.3.1994 and published in the gazette of even date.6. in view ..... against any accused, who has preferred an appeal, may be heard by a single judge of the high court.' section 5 of the act as amended reads thus:'5. first appeals.- save as otherwise provided in this act,- (i) all first appeals against a decree or order passed in a suit or other proceedings, the value of subject matter of which ..... subordinate civil court in the exercise of its original civil jurisdiction. (4) (5) (6) xxx xxx xxx ' section 5 of the act as it read before the amendment:'5. first appeals.- save as otherwise provided in this act, all first appeals, criminal appeals and all cases referred to the high court for confirmation of a sentence of death, shall be heard .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-10-1994
Reported in : ILR1994KAR1822
..... 1980 (1) klj 340. making a reference to the decision in papabai vs . assistant commissioner : ilr1993kar3293 , the learned high court government pleader argued that the amendment act is not retrospective but is only prospective. making his submissions on these lines, the learned high court government pleader contended that the fee payable on the appeal memo is ..... plaint was presented next before the amendment act came into force. in support of this contention, the learned high court government pleader relied on the decision of this court in thimmareddy vs. k.a. ..... , which is required to be paid on the plaint when it was presented. dilating on this aspect, the learned high court government pleader argued that the amendment act is not retrospective, but is only prospective and that therefore it has no application to those appeals, which has arisen out of a suit in which the .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-10-1994
Reported in : ILR1994KAR3092; 1994(4)KarLJ564
..... , j. 1. by this petition under article 226 of the constitution of india, the petitioner has sought the following reliefs.-(a) that the karnataka land revenue (amendment) act 1993 (karnataka act no. 20 of 1993) be declared to be unconstitutional and void;(b) issue a writ of prohibition, prohibiting the respondents herein or their officers, men, servants, ..... i do not find any force in this technical plea of state and do reject it. that as regards the question of vires of the karnataka land revenue amendment act, it has been held by the full bench of this court in the case of state of karnataka v. dundamada shetty, at page-2665, the full ..... 's case is that to get rid of the judgments of this court, the state government enacted karnataka land revenue amendment act, 1993 (act no. 20 of 1993) and thereby amended section 70 of the karnataka land revenue act and the expression 'save as otherwise expressly provided under' has been substituted therein for the words 'notwithstanding anything contained .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-15-1994
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 .....
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