Court : Karnataka
Reported in : ILR2006KAR318; 2006(1)KarLJ1
..... the material placed before him, arguments of the parties and after looking into the files of bda and government, has held that in view of the amendment to the constitution of india by the constitution (seventy-fourth amendment) act, 1992, part ix-a and in particular and definition of metropolitan area defined in article 243-p(c), article 243-r relating to composition of municipalities and corresponding amendment carried out to the karnataka municipal corporations act by inserting section 503-b which provides for constitution ..... self-governments constituted by elected representatives in an election held at regular intervals and are conferred with the power to impose and collect taxes and licence fees, to borrow money, to decide disputes in the first instant in respect thereof, constitute the amounts so collected as the fund of the authority, from and out of which the liabilities of the municipality are met and the salaries of its employees paid, imposed on its duties, to ..... . part xi, chapter i of the constitution deals with distribution of legislative powers between the parliament and legislature of states.article 245 provides for the extent of such powers and article 246 confers power to make laws in respect of any of the matters enumerated ..... . the bda act constitute a special and self-contained code of its own and the bda act and central act cannot be said to be either ..... issued the declaration under section 19(1) of the bda act on 23-2-2004 which was also published in the karnataka gazette .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR1365; 1985(2)KarLJ397; [1985]60STC142(Kar)
..... under section 6 of the act cannot be levied, such a construction alone would subserve the purposes of article 286 of the constitution and section 5 of the cst act before or after its amendment by the central sales tax (amendment) act, 1976 ('cst amendment act'). 85. ..... and justice', 1977 edition, on the topic 'freedom of contract' pages 251 to 254 of chapter 5 'individual interests or conditions of individual life in society' and again on topic 'positive action for the adjustment of conflicts with economic security, efficiency and progress' pages 467-469, (2) human law and human justice of the same author on the topic 'traditional legal restraints on abstract liberty in order to secure liberty of contract' pages 96 and 97 of chapter 3 'metaphysical individualism'; and ..... and that 'all the commodity', so delivered shall be deemed to have been delivered to the board for sale by the board, 'who shall account to the growers thereof for the proceeds thereof after making all lawful deductions therefrom for expenses and outgoings and deductions of all kinds in consequence of such delivery and sale or otherwise under these acts ..... and 12 of the coffee act regulate the levy and payment of customs and excise duties on the coffee produced and exported from the country and ..... chittar mal : [1971]1scr671 that even if in respect of the place of delivery and the place of payment of price, there could be a consensual arrangement, the transaction will not amount to a sale (at page 348 of stc, 2004 of air). .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR608; 2004(7)KarLJ677
..... (8):- by the constitution 73rd and 74th amendment act, 1992 which inserted parts-ix and ixa in the constitution steps were taken to organize village panchayat and endeavored them with such powers and authority as may be necessary to enable them to function as units of central government. ..... article 243n of the constitution provides that notwithstanding anything in part-ix any provision of any law relating to the panchayats in force in a state immediately before the commencement of the constitution (73rd amendment) act 1992 which is inconsistent with the provisions of this part shall continue to be in force until amended or repealed by competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier.31. ..... in fact when the authority was called upon state in writing under what circumstances the said extent is given up and the particulars thereof they have filed a statement giving the following particulars.1. ..... therefore, the commissioner is wrong in assuming that he or the authority can make temporary or daily wages appointments under the guise of undertaking development schemes'.chapter iii of the act deals with development schemes. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2005Kant205
..... the kcca was enacted by the state legislature to achieve the directive principles of state policy as enshrined in article 39(b) and (c) of the constitution which is fundamental in character as held by the apex court in catena of cases which will be referred to in the reasoning portion of the order while dealing with the relevant point on this aspect and the same is defeated by the impugned action of the amended act. ..... have been registered under any enactment for the time being in force;(vi) ex-servicemen.the above provision confers power upon the rta to grant contract carriage permits subject to sub-section (3)(a) thereof which directs the central government to direct the sta and rta to limit the number of contract carriages to be fixed ..... counsel submitted that the scheme of nationalization in chapter iv-a of the motor vehicles act was given up the whole undertaking of the various operators was not acquired but what was acquired was certain assets, most of which ..... 8512-13/2004 seeking to strike down the provision of section 3 of the act of 9/2003 wherein it has repealed the provisions of kcca act, by urging various legal grounds placing reliance upon the various decisions of the constitutional bench and other cases of the apex court to show that the repeal act is unconstitutional and, therefore, the same ..... expanded concept of the locus standi and also in view of the finding of the division bench of the high court that the order of the excise commissioner was passed in violation of law .....
Tag this Judgment!Court : Karnataka
Reported in : [2001]121STC478(Kar)
..... 1989]179itr317(sc) , the definition of 'manufacture' was amended in the central excises and salt act, 1944 and additional duties of excise (amendment) act, 1980 with retrospective effect so as to include processing ..... balance in the exercise of the sovereign power by the legislature, executive and judiciary ;(3) in a democracy governed by rule of law, the legislature exercises the power under articles 245 and 246 and other companion articles read with the entries in the respective lists in the seventh schedule to make the law which includes power to amend the law ;(4) courts in their concern and endeavour to preserve judicial power equally must be guarded to maintain the delicate ..... ,(d) an explanation cannot in any way interfere with or change the enactment or any part thereof but where some gap is left which is relevant for the purpose of the explanation, in order to suppress the mischief and advance the object of the act it can help or assist the court in interpreting the true purport and intendment of the enactment, and(e) it cannot, however, take away a statutory right with which any person under a statute has ..... validity of the validating act is to be judged by the following tests : (i) whether the legislation enacting the validating act has competence over the subject-matter ; (ii) whether by validation, the legislature has removed the defect which the court had found in the previous law ; (iii) whether the validating law is inconsistent with the provisions of chapter iii of the .....
Tag this Judgment!Court : Karnataka
Reported in : 2008CriLJ4425; ILR2008KAR4166; ILR2008(4)Kar4166; 2008(4)KCCRSN251; 2008(5)AIRKarR408; 2008CriLJ4425;
..... substance and all material used in the manufacture thereof and any other article and any animal or conveyance which he has reason to believe to be liable to confiscation louder this act and any document or other article which he has reason to believe may furnish evidence of the commission of any offence punishable under this act or furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under chapter v-a of this act; andd) detain and search, and if ..... and arrest without warrant or authorisation - (1) any such officer (being an officer superior in rank to a peon, sepoy or constable) of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government including paramilitary forces or armed forces as is empowered in this behalf by general or special order by the central ..... the delhi high court dealt with the effect of the amendment act 9 of 2001 by which deterrent punishment for various offences was prescribed by rationalising the sentence structure and the sentence was depending upon the significant quantities of drugs, lesser the quantity, lesser was the punishment; and, having regard to the said amendment, the court considered the question as to whether the alleged recovery was of small ..... : (1963)iillj667sc , 2002 9cc crl-175, 2005 scc crl-174, 1979 scc crl-389, 2002 (1) supreme crl-187, 2005 (iv) ccr-page-1, 2004 scc crl-1303, : ilr2005kar1653 , 2001 (2) supreme crl. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR1605
..... policy as enshrined in article 39(b) and (c) of the constitution which is fundamental in character as held by the apex court in catena of cases which will be referred to in the reasoning portion of the order while dealing with the relevant point on this aspect and the same is defeated by the impugned action of the amended act.ii) statement of objections are filed to these writ petitions on behalf of respondents 1,2 and 4 denying the averments of the petitions and supporting the grant of ..... rta to grant contract carriage permits subject to sub-section (3)(a) thereof which directs the central government to direct the sta and rta to limit the number of contract carriages to be fixed and specified in notification. ..... counsel submitted that the scheme of nationalization in chapter iv-a of the motor vehicles act was given up the whole undertaking of the various operators was not acquired but what was acquired was certain assets, most of which were available in the market.acquisition of chattels ..... 8512-13/2004 seeking to strike down the provision of section 3 of the act of 9/2003 wherein it has repealed the provisions of kcca act, by urging various legal grounds placing reliance upon the various decisions of the constitutional bench and other cases of the apex court to show that the repeal act is unconstitutional and therefore ..... concept of the locus standi and also in view of the finding of the division bench of the high court that the order of the excise commissioner was passed in violation .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(5)KarLJ9
..... act;(p) perform any other function considered necessary or desirable by the central government for ensuring the safe and efficient operation of aircraft to, from and across the air space of india;(q) establish training institutes and workshops;(r) any other activity at the airports and ..... land lease dated 30th april 2005 provided land to the bial for construction of the airport on lease basis for a period of 30 years and it continues to be the lessee to the land, no ownership rights are transferred to it, therefore, on the basis of the aforesaid ..... amendment to u.s constitution, which is equivalent to article ..... chapter v(a) of the a.a.i.a act is applicable to the premises in question to follow the procedure for eviction of unauthorized occupants of the airport availing the provisions are on the lines of public premises (eviction of unauthorized occupants) act, 1971 is made applicable to the premises of the third airport which is being managed by bial is one of the strong and ..... 2004 seeking for issuance of declaratory relief to declare that clause 3.2 of the invitation for expression of interest (hereinafter in short referred to as 'e.o.i') issued by the third respondent which is bangalore international airport limited (hereinafter in short referred to as bial'), in which it has sought to restrict issuance of tender documents and consideration of bids only from five persons is arbitrary and discriminatory, that the evaluation of the e.o.i by respondents 3 & 4 with respect to retail and .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1965Kant170; AIR1965Mys170; (1964)2MysLJ470
..... and the punjab began to encroach on the sphere of local finance, because of the absence of a provision in the constitution whereby specific taxes or the proceeds from the specific taxes are ear-marked for local bodies, strong representations were made before the finance commission of 1953-54.the commission, it is necessary to note, had recommended the amendment of article 286 of the constitution, and the said article was amended empowering the union government to levy central ..... and buildings' conferred by entry 42 of the provincial list of the government of india act, 1935, the province of bombay, by the bombay finance (amendment) act, 1939, levied for the first time in the history of india, a parallel tax on buildings and lands called 'the urban immoveable property tax' at ten per cent of the annual rental value of such buildings or lands--vide section 22 of bombay act ..... some strictness the substance of the legislation for the purpose of determining what is that the legislature is really doing the substance of the act that is material and not merely the form or outward appearance, and if the subject-matter in substance is something which is beyond the powers of that legislature to legislate upon, the form in which the ..... excise taxes and customs duty are summarized in chapter ..... (9) 'building' is defined in the 'act' as meaning a house, out-house, garage or any other structure, or part thereof, whether of masonry, bricks, wood, metal or other material, but does not include any portable .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2009KAR1356; 2009(3)KCCRSN99; 2009(4)AIRKarR367
..... the subject forest which was originally in the state list at entry 19 in list ii, by the amendment to the constitution (by the 42nd amendment) act, 1976, was omitted from the state list and it was included as entry 17-a in list iii i.e. ..... it declares that notwithstanding anything contained in any other law for the time being in force in a state, no state government or other authority shall make, except with the prior approval of the central government, any order directing that any reserved forest or any portion thereof shall cease to be the reserved forest. ..... the state of assam : [1970]2scr197 where dealing with the power of the high court under article 226 it is held as under:that the jurisdiction of the high court under article 226 is a supervisory jurisdiction, a jurisdiction meant to supervise the work of the tribunals and public authorities and to see that they act within the limits of their respective jurisdiction. ..... the property was purchased under a registered sale deed on 7th january 2004, the application for mining lease is filed on 23rd july 2004, mining lease was granted on 30th june, 2005 for a period of 20 years. ..... similarly, 'village forest' means any land notified as such in accordance with the provisions of chapter iii of the act. ..... 'reserved forest' means any land settled and notified as such in accordance with the provisions of chapter ii of the act. .....
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