Court : Karnataka
Decided on : Jul-20-2002
Reported in : AIR2002Kant407; II(2004)BC133; ILR2002KAR3513; 2002(4)KarLJ545
..... 1999), which has come into force with effect from 1-7-2002, the present civil revision petition is at all entertainable.3. section 115 of the cpc before its amendment by cpc (amendment) act, 1999 (46 of 1999) read as under.-'115. revision.--(1) the high court may call for the record of any case which has been decided by any court ..... 'any case which has been decided' includes any order made, or any order deciding an issue, in the course of a suit or other proceeding'. 7. section 32 of the amendment act provides for repeal and saving. sub-section (1) and clause (i) of sub-section (2) of section 32 are material for the present purpose. these sub-sections read as ..... of revision petition cannot be taken to be a ground for staying further progress of the suit.6. section 115 of the cpc, now on incorporating the amendments as made by the 1999 amendment act reads as under.-'115. revision.--(1) the high court may call for the record of any case, which has been decided by any court subordinate to such .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-11-2002
Reported in : ILR2002KAR3717; 2003(3)KarLJ102
..... use of the members of his family: provided that in the case of a person who is a member on the date of commencement of the karnataka panchayat raj (third amendment) act, 1997, he shall incur disqualification under this clause if he fails to provide such a sanitary latrine within six months from such date, or'. the said proviso has been ..... to vote and contest in the election to the panchayats on the ground that they do not possess sanitary latrine is arbitrary and unreasonable. the restriction imposed under this amendment act on a voter has no nexus with the object of the enactment.10. hence, i am of the considered view that the ..... i propose to deal with the contention regarding the validity of section 12(j) of the act.2. karnataka panchayat raj act, has been enacted by the state of karnataka in view of the constitutional mandate under the constitution 73rd amendment act, 1992. the object of the amendment; is to establish a three tier panchayat raj system in the state with elected bodies at .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-12-2002
Reported in : ILR2002KAR3227
..... para 14 : the application for exercise of power under proviso to rule 3 of order 23 can be labelled under section 151 of the code but when by the amending act specifically such power has been vested in the court before which the petition of compromise had been filed, the power in appropriate cases has to be exercised under the ..... .'15. in : air1993sc1139 , banwari lal v. smt. chando devi (through l.r.) and anr., it was held at paras 13 and 14 as under :'para 13: when the amending act introduced a proviso along with an explanation to rule 3 of order 23 saying that where it is alleged by one party and denied by other that an adjustment or ..... : [1977]3scr60 (sunder dass v. ram parkash): the question in this case arose was whether the addition of proviso to section 3 of the delhi rent control act by way of amendment with retrospective effect had the effect of rendering the decree of eviction null and void holding that the proviso was introduced with retrospective effect, it was applicable to the .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-19-2002
Reported in : ILR2003KAR1923; 2002(6)KarLJ473
..... revision authority, dharwar. in l.r.r.a. no. 12 of 1987 and to consider the same as writ petition, under section 17 of the karnataka land reforms amendment act no. 18 of 1990. 2. at the outset, learned counsel for contesting respondent has raised the question of maintainability of the civil petition and the writ petition. since ..... tribunal as well as that of the appellateauthority before this court in a separate writ petition. no civilpetition can lie on such an order under section 17 of the act. if thepetitioners were otherwise aggrieved, they could have preferred arevision petition. that course is also not taken. therefore, the civilpetition is not maintainable and that has got ..... of the district land reforms appellate authority in l.r.r.a. no. 12 of 1987 and to consider the same as writ petition under the provisions of the act. it is this action of the petitioner which is challenged as not maintainable by the respondent. 4. relying upon the pronouncement of this court in the case of .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-13-2002
Reported in : AIR2003Kant104
..... that the preliminary decree was already passed and therefore no right accrued in favour of the 6th defendant under section 6a of the hindu succession act (karnataka amendment) act, 1990 is perfectly legal and valid and it cannot be interfered with by this court in exercise of its revisional jurisdiction. in view of ..... . the correctness of the impugned order is questioned in this revision petition by the 6th defendant placing reliance upon the provisions of section 6a of the hindu succession act (karnataka amendment) act. 1990 and the decision of the supreme court ; ; ; ; ; and also the decision of the supreme court in support of the proposition that nothing ..... his consideration as to whether defendant no. 6 is entitled for enhanced share in the joint family properties in view of the hindu succession (karnataka amendment) act of 1990. the learned counsel appearing for the parties addressed arguments making their respective submissions on the aforesaid points. the trial court after referring to .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-08-2002
Reported in : ILR2002KAR4693; 2003(1)KarLJ337
..... has vested in the state government under section 44; and (ii) xxx xxx xxx, he may within one year from the date of commencement of the karnataka land reforms (amendment) act, 1997 grant the land to such person subject to such restrictions and conditions and in the manner, as may be prescribed'. 11. the main question while considering the legal position ..... tenants (including tenants against whom a decree or order for eviction or a certificate for resumption is made or issued) immediately prior to the date of commencement of the amendment act, other than lands held by them under leases permitted under section 5, shall with effect on and from the said date, stand transferred to and vest in the state ..... made before the expiry of a period of sis months from the date of the commencement of section 1 of the karnataka land reforms (amendment) act, 1978. (2) on receipt of the application, the tribunal shall publish or cause to be published a public notice in the village in which the land is situated .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-21-2002
Reported in : I(2003)DMC119; ILR2002KAR4212; 2002(5)KarLJ393
..... bear the date on which the judgment was pronounced'. 22. this rule was substituted in place of the old rule by the code of civil procedure (amendment) act, 1976. the objects and reasons for this amendment arc given below: 'under rule 6, where a claim is admitted, the court has jurisdiction to enter a judgment for the plaintiff and to pass ..... of the relief to which, according to the admission of the defendant, the plaintiff is entitled. the rule is wide enough to cover oral admissions. the rule is being amended to clarity that oral admissions are also covered by the rule'. 23. under this rule, the court can, at an interlocutory stage of the proceedings, pass a judgment ..... anr., : air1999sc3381 . in the said decision, the apex court after referring to the objects and reasons for amendment of rule 6 of order 12 of the code of civil procedure was pleased to observe that 'for the court to act upon the admission of a party at an interlocutory stage of the pleadings, it requires to be shown that the .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-11-2002
Reported in : 2003(1)KarLJ244
..... by the constitution (fifteenth amendment) act. 19. coming to the present case, the learned single judge has taken the view that even if it is held that part of cause of action of the ..... the present writ petition. in our opinion, this judgment cannot be of any help for deciding the jurisdiction of this court as it stood before the constitution (fifteenth amendment) act, 1963 and therefore the supreme court had no occassion to examine the purpose, intent, and effect of clause (2) of article 226 of the constitution as inserted ..... seeking prerogative writs against the central government or the authorities having seats outside the territorial jurisdiction of the high court, by the constitution (fifteenth amendment) act, 1963 inserted clause (1-a), after clause (1) of article 226, which was subsequently renumbered as clause (2) by the constitution (forty-second .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-22-2002
Reported in : I(2003)ACC644; II(2003)ACC267; 2003(1)KarLJ227
..... petitioners. as noticed by me earlier, while it is the case of the petitioners that the state has not placed any material either in the preamble given to the amending act or in any other manner justifying the imposition of the enhancement of the tax, and even the statement made in the annual financial statement made by the hon'ble chief ..... (hereinafter referred to as 'the tax') at items 6 and 7 in column (3) of part 'a' in the schedule given to the karnataka motor vehicles taxation act, 1957 by means of amending act no. 4 of 2002 as unconstitutional, oppressive, illegal and unenforceable in law. they have also prayed for a direction to the respondents from raising a demand for the ..... said vehicles. the tax per seat per quarter for tourist vehicles in the state of karnataka till 1-4-1987 was rs. 500/-. however, by means of an amendment made by means of act no. 8 of 1987, the state enhanced the tax to rs. 2,000/- per seat per quarter. the constitutional validity of the said provision came to be .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-12-2002
Reported in : ILR2002KAR4170; [2003]130STC276(Kar)
..... any quantity of such luxuries held in stock on the day of the date of commencement of the karnataka taxation laws (amendment) act, 1997 or on the first day of april, 2000 on which tax under the karnataka sales tax act, 1957 (karnataka act 25 of 1957) has been paid or has become payable. 2(6-c) 'stockiest' means a person who has in ..... loss of rs. 30 crores per annum and therefore it is necessary to increase the rate of luxury tax on gutka from 4 per cent to 20 per cent amending the luxuries tax act. in other words, it is their submission that the impugned levy is liable to be quashed on the ground that it is colourable piece of legislation. finally, it ..... levy of luxury tax on gutka even if the entry tax on gutka has been levied or has become leviable under the kteg act ; and the schedule to the said act was also amended by taking gutka out of sl. no. 2 of the schedule which prescribed only 4 per cent of tax and specifying it separately at sl. no. 3 of the .....
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