Court : Karnataka
Decided on : Nov-10-2006
Reported in : 2007(2)KarLJ126; ILR2007(1)KarSN7; 2007(2)KCCR833; 2007(1)AIRKarR598
..... considered along with the applicants who filed application in pursuance of the notification. this first proviso to sub-section (2) of section 11 of the act was introduced by way of amendment act, 1999 w.e.f. 18.12.1999.23. therefore, the question for consideration is whether this proviso is prospective and it would take away the ..... by substituting words 'reserved by the state government' in place of 'reserved by government'. this is because on the very day mmrd act 1957 was amended by act 36/86 and introduced section 17a in the act with effect from 10-2-87. under the said sec, state government is empowered to reserve any area with the consent of central ..... placed. all these petitioners would constitute a class by themselves. all these applications of the petitioners are made prior to the amendment, introducing the first proviso to sub-section (2) of section 11 of the act, as the amendment came into force from 18.12.1999. therefore, on the day they made these applications, the law as it stood .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-14-2006
Reported in : ILR2006KAR4563ILR2006(4)Kar4563; 2007(2)KLJ332; 2007(1)KCCR99; 2007(1)AIRKarR309; AIR2007NOC268(DB).
..... awarded and also for apportionment of the compensation among the persons interested.19. section 28-a of the act finds a place under part in of the act. the said section is incorporated by an amendment made to me act by act no. 68/1984. the said provision is prospective in nature. it provides for re-determination of the ..... /special land acquisition officer and lastly, the applicant must be an aggrieved person by the award passed by the collector.21. in section 28-a of the act, the legislature consciously has used the expression 'person aggrieved by the award passed by the collector'. the meaning of the expression 'aggrieved' has been succinctly explained ..... has been defined to mean 'having suffered loss or injury; damnified; injured', aggrieved person has been defined to mean 'one whose legal right is invaded by an act complained of, or whose pecuniary interest is directly and adversely affected by a decree or judgment. one whose right of property may be established or divested. the word .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-11-2006
Reported in : [2007]138CompCas816(Kar); 2007(1)KarLJ238
..... the complainant and held that the complainant had advanced hand loan of rs. 60,000/- to the accused in the year 1994.9. section 138 of the act, which was inserted by amendment act, 1988, and came into force from 1.4.1989 reads as under:138. dishonour of cheque for insufficiency, etc, of funds in the account.- where ..... barred debt. since the accused has not paid the cheque amounts inspite of demand made by the complainant the accused has committed an offence under section 138 of the act. the learned magistrate has committed an error in dismissing the complaint and recording an order of acquittal in favour of the accused.14. for the foregoing reasons, ..... arises for consideration in this appeal is:whether the dishonoured cheques issued towards repayment of time barred debt does not constitute an offence under section 138 of the n.i. act? 2. heard sri h.t. nataraja, learned counsel for the appellant/complainant and sri b.c. rajanna, learned counsel for the respondent/accused.3. for the purpose .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-09-2006
Reported in : 2007(6)KarLJ1
..... provisions of the karnataka stamp (amendment) act, 2006 as amended by karnataka act no. 7 of 2006 which has come into effect from 1-4-2006 particularly the amendment in terms of section 3 of the amending act, amending the provisions of article 6 in schedule to the act by adding an explanation which reads as under:3. amendment of the schedule.--(1) in ..... and its customers like the petitioner and apprising them that certain stamp duty will have to be paid under the provisions of the karnataka stamp act, 1957 in view of this amendment, particularly, in respect of transactions of loans secured by a memorandum of deposit of title deeds.4. it is because of such circular/communication ..... memorandum which is not even an instrument within the meaning' of section 2(1)(j) of this act and therefore the amendment insofar as it relates to the introduction of explanation to article 6 in schedule to the act is required to be declared as unconstitutional etc.8. one another argument urged on behalf of the .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-12-2006
Reported in : 2006(5)KarLJ140
..... his submission that the trial court has not properly appreciated the requirement and, the requirement of the petitioner, looked in the context of the changed philosophy under the amended act, has to be rebutted by the tenant. further, it is submitted that though the tenants have failed to rebut the requirement of the petition premises by the petitioner ..... which does not call for interference.32. similarly, in hrc 1499/1997 also, having considered the requirement of the landlord and also having applied the provisions of the amended act, the trial court has come to the conclusion that the requirement is genuine and honest and ordered for eviction which cannot be found fault with.33. in hrc ..... 27(2)(r) of the rent act, 1999).37. hrrp 211/2003 & 511/2002 are dismissed. however, in all these cases, time is given till the end of december 2007 to enable the tenants to vacate and hand over vacant possession of the petition premises to the landlord, subject to payment of rentals regularly every month .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-02-2006
Reported in : 2006(4)KarLJ707
..... writ petition. judgment of the supreme court in : [1996]1scr730 is not available to the facts of this case in the light of section 17 of the karnataka land reforms (amendment) act, 1990.10. sri khadar, learned counsel also relies on 2005(1) kccr 317 - noel f.c. pinto v. mrs. magdelien mascarenhas (deceased) by l.rs. and ors. ..... filed and the same came to be transferred to the appellate authority. appellate authority stood abolished. thereafter, c.p. was filed. section 17 of the karnataka land reforms (amendment) act, 1990, says that only pending appeals can be converted as writ proceedings. it is seen that on the relevant date no appeal as such was pending before the appellate ..... well as that of the appellate authority before this court in a separate writ petition. no c.p. can lie on such an order under section 17 of the act. if the petitioners were otherwise aggrieved, they could have preferred a revision petition. that course is also not taken. therefore, the c.p. is not maintainable and .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-01-2006
Reported in : 2006(5)KarLJ469
..... than that referred to in that sub-section.11. in mallayya murigayya's case cited supra, the division bench of this court has held that section 133 as amended in 1976 provides that when the question before the civil court is whether the person claiming to be in possession is or is not a tenant of the suit ..... at the time of admission, the following substantial question of law was framed on 4.3.2003 for consideration: 'whether sections 132 & 134 of the karnataka land reforms act are a prohibition to pass a decree in a permanent injunction suit?'.5. heard the counsel for the respective parties.6. it is the argument of the defendants/appellants' ..... of the plaintiffs father, the plaintiff along with his mother filed an application before the assistant commissioner for re-grant of the land under section 5 of the inams act. the assistant commissioner rejected the application at the first instance against which appeal was preferred in the district court, shimoga in misc. appeal 5/1980. the district .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-31-2006
Reported in : (2006)203CTR(Kar)381; [2006]286ITR182(KAR); [2006]286ITR182(Karn)
..... counsel appearing for the petitioner submitted that when the provisions contained in section 115jb as amended by amendment act, 2000 and amendment act, 2002 is compared, it is clear that it is only by virtue of the amendment made to the section by amendment act, 2002 that the book profit is treated as total income and the liability to pay ..... 234-c has now to be made to pay the interest under section 234-b and 234-c of the act which was not payable prior to the amendment act and wherefore the retrospective amendment by finance act, 2002 is unreasonable and exapproprietary and impossible of performance and compliance. the learned senior counsel submitted that legislature has ..... be put to the petitioner and only certain words in the section have been substituted for making the amendment act 2000 clear. it is further averred that legislature has power to amend the provisions of the act with retrospective effect and the same is reasonable in the present case and would not cause any hardship .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-03-2006
Reported in : [2006]148STC17(Kar)
..... sold in consumer sachets, bottles or tins of 200 grams or 200 milliliters each or less, including when such consumer containers are sold in bulk in a common container', by amendment act no. 26 of 2004. in between, by notification no. fd 173 csl 2002 (1), dated august 19, 2002, the levy of tax under entry no. 17- ..... been extracted and placed before the court which is quoted as under :to provide for levy of tax at higher rate on coconut oil used for toilet purposes (amendment of second schedule):use of coconut oil as edible oil has come down considerably owing to availability of more economically priced alternate edible oils and also for change ..... classification is not a reasonable classification; that the state has not justified the levy of higher rate of tax on sale of branded coconut oil alone and therefore the act no. 5 of 2001 should be inevitably declared as unconstitutional.25. sri vedamurthy, learned government pleader appearing on behalf of the respondents, has sought to defend stoutly .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-06-2006
Reported in : 2006CriLJ3761; 2006(4)KarLJ661
..... on the other hand, all the four cases were transferred to the respondent police and they have filed charge sheet only under section 18 of the karnataka treasure trove act ('act' for short) in respect of crime no. 177/1988 against the said raju in cc 5866/1990 before the cmm, bangalore.6. the complainant mohammed kasim is ..... magistrate. however, the very order of the magistrate in releasing the property subject to condition is erroneous as he has no jurisdiction in view of the provisions of the act chapter ii (section 3 to 8) and chapter iii (section 9 to 15) deals with the power and duties of the deputy commissioner regarding notice, enquiry, declaration ..... it to appaswamy and chakravarthy. according to the petitioner, the property was purchased by her husband for rs. 80,000/-. 'treasure' according to the definition under the act is anything of value hidden in the soil or anything affixed thereto. in the instant case, it is undisputed the diamond stones are recovered in soap box which was .....
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