Court : Karnataka
Reported in : AIR1960Kant310; AIR1960Mys310; ILR1960KAR892
..... appearing on behalf of the defendants urged that if the high court of andhra pradesh did not otherwise have jurisdiction to hear and decide the appeal, presented by the plaintiff, the provisions of section 65(2) of the states reorganization act could not confer such jurisdiction on it: during his argument, he referred also to section 125(1) of the states reorganization act, but it is unnecessary to make any reference to that section which refers only to proceedings other than proceedings pending before a high ..... articles 2 and 3 of the constitution, parliament may, by law, admit into the union or establish new states and form new states and alter areas, boundaries and means of existing ..... (2) such proceedings pending in the high court of hyderabad or the high court at bombay or madras, immediately before the appointed day, as are certified by the chief justice of that high court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the high court for the new state of mysore (referred to in this act as the high court of mysore) shall, as soon as may be, after such certification be ..... to mysore high court--(1) except as hereinafter provided, neither the high court at bombay nor the high court at madras shall, as from the appointed day, have jurisdiction in respect of any territory transferred from the existing state of bombay or the state of madras, as the case may be, to the new state of mysore. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1961Kant210; AIR1961Mys210
..... (5) the central government may by order establish one or more advisory committees for the purpose of assisting it in regard to- (a) the division and integration of the services among the new states and the states of andhra pradesh and madras; and (b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this section and the proper consideration of any representations made by such persons.' 23. ..... states and the states of andhra pradesh and madras' occurring in sub-section (5) (a), only mean 'in each of the new states and the states of andhra pradesh and madras.'41 ..... if we can come to the conclusion that these three posts in the states of hyderabad, bombay and madras and the post of a commercial tax officer functioning under the new mysore sales tax act are all equivalent posts that we can hold that there was a reduction in rank of the ..... states reorganisation act is a law-made by parliament under article 3 of the constitution, which bestows competence on it by law to form a new state, or alter the area, boundary or name ..... the competing interpretation placed on this sub-section by the state is that the power to make an integration of the services of the new state of mysore is part of the general executive power of the state, and that section 115(5) of the states reorganisation act did not divest ..... letter addressed by the government of india to the government of madhya pradesh on november 11, 1959, on which reliance was placed on behalf of the petitioners. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR3710; 2005(4)KarLJ481
..... chief justice of andhra pradesh and anr. v. l.v.a. ..... the 'planning area' as notified under section 4-a(1) and (3) read with section 2(4) of the karnataka town and country planning act, 1961 in the notification dated 18-10-1984 was interpreted by this court with reference to decisions of the apex court in subbanna v. ..... or bore into the sub-soil;to do all other acts necessary to ascertain whether the land is adapted for such purpose;to set out the boundaries of the land proposed to be taken and intended line of the work (if any) proposed to be made thereon;to mark such levels, boundaries and line by placing marks and cutting trenches; andwhere otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop ..... as regards the first point, it cannot be disputed that a competent legislature is entitled to alter the procedure in criminal trials in such way as it considers proper. ..... state of madras, : 1957crilj409 , after referring to section 107 of the government of india act, 1935, which is in terms similar to clause (1) of article 254, this court observed:'for this section to apply, two conditions must be fulfilled: (1) the provisions of the provincial law and those of the central legislation must both be in respect of a matter which is enumerated in the concurrent list; and (2) they must be repugnant to each other. ..... seaton, (1959)3 law ed 2d 1012: 359 us 535'.valjibhai muljibhai soneji and anr. v. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR2117; 1993(3)KarLJ126
..... in state of andhra pradesh and ors. v ..... sort of substantially equal treatment which men of resolute minds and un-based views can regard as right and proper in a democracy of the kind we have proclaimed ourselves to be: such views must take into consideration the practical necessities of government, the right to alter the laws and many other facts, but in the fore-front must ..... state government or a state government department'.the ordinance also introduced section 16-b, which reads as follows:'licences granted for manufacture and bottling of arrack cease to be valid:- (1) notwithstanding anything contained in this act or in any judgment, decree or order of any court, every licence granted: - (i) to manufacture arrack; or (ii) to bottle; or (iii) to manufacture and bottle arrack; for sale shall, cease to be valid on ..... making of legislation, courts are bound to evolve, affirm and adopt principles of interpretation which will further and not hinder the goals set out in the directive ..... within the legal boundaries for ..... other states and the decision of the madras high ..... [1959]1scr279 , the supreme court held:'...the decisions, of this court further establish- (a) that a law may be constitutional even though it relates to a single individual, if, on account of some special circumstances or reasons applicable to him and not applicable to others, that single individual may be treated as a class by himself; (b) that there is always a presumption in favour of the constitutionality of an enactment .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1989Kant226; ILR1989KAR457
..... consider the safeguards for linguistic minorities held at ootacamund on 16th and 17th may 1959, in which the chief ministers of andhra pradesh, tamil nadu, kerala and the education minister of mysore participated, the following decisions were arrived ..... individual as the seat of ultimate creative, political and spiritual authority and if the four essential means used by constitutionalism are first, a division of power upon pluralistic principles, second, an expanding rule of law, third, political devices admitting peaceful revolutions in the state's machinery responsive to alterations in the structure and power of interests and ideas in society and fourth, continued emphasis upon practical measures for ..... sections (2) and (3) of section 4 are as follows: section 4: the university shall exercise the following powers and perform the following duties: (1) xx xx xx (2) to make provision for study and research on the life and teachings of guru nanak and their cultural and religious impact in the context of indian and world, civilizations; (3) - to promote studies to provide for research in punjabi language and literature, and to undertake measures for the development of punjabi language, literature and ..... made, but it is impossible to draw the boundaries of a state in such a manner as ..... to the interpretation that the ..... act the state of mysore (later renamed as state of karnataka) comprising of part the areas of former states of bombay, hyderabad, madras and the entire former state of mysore and .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1573
..... andhra pradesh and ..... the act, including :'a) the time within which and the manner in which an intimation referred to in sub-section (4) of section 5 shall be given;b) the convening of meetings and the transaction of business of the board under section 22;c) the restrictions and conditions subject to which the executive officer may exercise his powers and perform his duties under section 25;d) ..... said, by having recourse to the context and scheme of the act, and a reconciliation attempted between two apparently conflicting jurisdictions by reading the two entries together and by interpreting, and, where necessary, modifying the language of the ..... is, before the expiry of that period, ratified in writing by the board and in ratifying such contract, the board may make such alteration or modification therein, as it may think fit: provided that the board shall not omit to ratify a contract and shall not make any alteration or modification in a contract :a) unless it is satisfied that such contract ..... madras race club (acquisition and transfer of undertakings) act, 1986, held that the horse racing was a sport which was primarily dependent on the special ability acquired by training, which could not be termed as either gaming or gambling as defined under the madras gaming act, 1930 and madras city police act ..... 1959]37itr388(sc) the apex court held that the entries in the lists i, ii and iii were designed to define and delimit the respective areas of the legislative competence of the legislatures and .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1964Kant84; AIR1964Mys84
..... and, that the impugned legislation which was both thoughtless and unwise would seriously disorganize and imperil the stability of governmental administration, and, that it was the consciousness of that danger which persuaded the state of andhra pradesh ..... section 10, and madras act ..... which had already emanatedfrom recruitment under the old system, it would havebeen enough for the legislature to alter the incidents ofthe posts; ,(f) that not even the fact that some of the village officers were ..... and general purpose of the act incline me to rest my interpretation of the definition on the ordinary and natural sense of its words and so interpreted, the definition would also include offices to which an appointment though primarily exercised on the ground of descent insists on prescribed qualifications, and which are popularly and ..... according to the applicants are :(a) that in the statement of objects and reasons published in the gazette of december 22, 1959 it was explained that the necessity for the impugned legislation arose out ..... and which was held hereditarily before the commencement of the constitution under an existing law relating to a village office, for the perormance of duties connected with the administration or collection of the revenue or with the maintenance of order or with the settlement of boundaries or other matter of civil administration of a village, whether the services originally appertaining to the office continue or have ceased to be performed or demanded and .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1965Kant170; AIR1965Mys170; (1964)2MysLJ470
..... act', the charging section, is vague and unenforceable and consequently it is inoperative and if that section is struck down as being vague and unenforceable, as it should be, the other provisions in the 'act' being machinery provisions will have no independent existence and, therefore, the entire 'act' has to be held to be inoperative.the power granted to the government to alter the first schedule was assailed on the ground that it is a delegation of essential legislative function and ..... that a proviso must be considered with relation to the principal mater to which it stands as a proviso'; therefore, it is to be construed harmoniously with the main enactment; it has to operate in the same field and if the language of the main enactment is clear it cannot be used for the purpose of interpreting the main enactment or to exclude by implication what the enactment clearly says unless the words of the proviso are such that that is its necessary effect. ..... (61) in exercise of the powers conferred by the government of india act, 1919 and the devolution rules made by the governor-general, the concerned provincial governments enacted:(a) the bombay municipal boroughs act, 1925, which is in operation in the bombay area of the new mysore state; (b) the madras district municipalities act, 1920, which is in operation in the madras area of the new state of mysore; (c) the coorg municipal regulation, ..... powers of legislature to fix the boundaries of districts from which their own ..... pradesh, : [1959 .....
Tag this Judgment!Court : Karnataka
..... . 27.2 sections 2(e) and 2(f) are similar to sections 2(d) and 2(e) as defined under andhra pradesh land grabbing (prohibition) act, 1982 (act 12 of 1982) ..... . said provisions of andhra pradesh act, 1982 had come up for consideration before hon'ble apex court in the matter of konda lakshmana bapuji vs government of andhra pradesh & others reported in (2002)3 scc258and same has been interpreted as:450. /p>"30 ..... public interest for declaring the klgp act-2011 contending that it is not applicable to inam land and residential sites within the village boundary, gramthana and to consider the representation dated 09.11.2017 (annexures-b & c) submitted to respondents-1 and 2 for amending the notification no.rd3-min58dated 13.01.1959 contending interalia that petitioners and similarly placed persons are in possession of certain extent of lands in raghavanapalya village, j.p.nagar 9th phase, gottigere post, uttarahalli hobli by way of inheritance and have been living in the ..... . a rebuttable statutory presumption governs only the burden of going forward with the evidence and, even when it operates against the defendant, it does not alter the ultimate burden of proof resting upon the prosecution, nor deprive the defendant of the benefit of the presumption of innocence.95 ..... . sanjeeva k shetty s/o late koraga shetty harisagar madra gutthu shimanthoor village mangalore taluk - 574 215 ..... .(2014) 10 scc1 madras bar association vs ..... . air1962sc316 collector of customs, madras vs .....
Tag this Judgment!Court : Karnataka
..... . 27.2 sections 2(e) and 2(f) are similar to sections 2(d) and 2(e) as defined under andhra pradesh land grabbing (prohibition) act, 1982 (act 12 of 1982) ..... . said provisions of andhra pradesh act, 1982 had come up for consideration before hon'ble apex court in the matter of konda lakshmana bapuji vs government of andhra pradesh & others reported in (2002)3 scc258and same has been interpreted as:450. /p>"30 ..... public interest for declaring the klgp act-2011 contending that it is not applicable to inam land and residential sites within the village boundary, gramthana and to consider the representation dated 09.11.2017 (annexures-b & c) submitted to respondents-1 and 2 for amending the notification no.rd3-min58dated 13.01.1959 contending interalia that petitioners and similarly placed persons are in possession of certain extent of lands in raghavanapalya village, j.p.nagar 9th phase, gottigere post, uttarahalli hobli by way of inheritance and have been living in the ..... . a rebuttable statutory presumption governs only the burden of going forward with the evidence and, even when it operates against the defendant, it does not alter the ultimate burden of proof resting upon the prosecution, nor deprive the defendant of the benefit of the presumption of innocence.95 ..... . sanjeeva k shetty s/o late koraga shetty harisagar madra gutthu shimanthoor village mangalore taluk - 574 215 ..... .(2014) 10 scc1 madras bar association vs ..... . air1962sc316 collector of customs, madras vs .....
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