Court : Karnataka
Reported in : AIR1952Kant103; AIR1952Mys103
..... , iii of 1951, which received the assent of the president on february 1951 and which provides for the extension of certain laws into part b states was to come into force on such date as the central government may by notification in the official gazette direct. both the legal practitioners act, viii of 1879, and the indian bar councils act, xxxviii ..... , that the bar councils act of 1926 and the legal practitioners act of 1879 have been since extended to mysore by the part b states (laws) act of 1951. the effect of such extension of these acts is, according to him, that the mysore legal practitioners act has ceased to be in force jn mysore and the present enquiry ..... provisions of those acts came into effect immediately in mysore by virtue of the provisions of the part b states (laws) act which may be referred to as the 'extending act' on the day to be appointed by a central government's notification, and that the rest of the provisions of those acts would operate in mysore and have effect .....
Tag this Judgment!Court : Karnataka
Reported in : [1968]69ITR45(KAR); [1968]69ITR45(Karn)
..... be called part 'b' states. it became for the first time extended to part 'b' states by virtue of the central act 48 of 1959 (which came into force on february 1, 1960), called the miscellaneous personal laws (extension) act, 1959, which amended its extent clause in such a way as to apply the statute to whole of india except ..... behalf of the department strongly pressed before us was that whatever might have been the position before the application or extension of shariat act to the civil station in 1960 and whatever may be the principles of customary law or custom by virtue of which the cutchi memons resident in civil station could claim that they should be governed ..... 52. this slow change in the attitude of the parties and the complexion of the view of the law taken by the bombay high court is explicable on the ground that khojas and cutchi memons, who were carrying on extensive trade in bombay, were moved by exigencies of their business activities to relieve themselves from what may be .....
Tag this Judgment!Court : Karnataka
Reported in : (1979)12CTR(Kar)185; [1981]129ITR652a(KAR); [1981]129ITR652a(Karn); [1981]7TAXMAN214(Kar)
..... to grant exemptions, if it is considered it necessary or expedient so to do for avoiding any hardship of anomaly or removing any difficulty arising as a result of the extension of the '1922 act', inter-alia, to part b states, was introduced into the '1922 act' pursuant to and in exercise of the power vested by the ..... revenue. learned counsel for the petitioner, in support of his contention that annexure 'd' is bad in and without the authority of law, has urged the following grounds : (a) that there is no power vested in the central government to issue the impugned notification at annexure 'd' inasmuch as, while after the repeal of the '1922 act' by s. ..... november, 1956, were comprised in any part b state or to chandernagore. if the central government considers it necessary or expedient so to do for avoiding any hardship or anomaly, or removing any difficulty, that may arise as a result of the extension of this act to the merged territories or to the territories which immediately before the .....
Tag this Judgment!Court : Karnataka
Reported in : [1981]129ITR652(KAR); [1981]129ITR652(Karn)
..... ., to grant exemptions, if it considered it necessary or expedient so to do for avoiding any hardship or anomaly or removing any difficulty arising as a result of the extension of the 1922 act, inter alia, to part b states, was introduced in the 1922 act. pursuant to and in exercise of the power vested by the said s. ..... revenue. 7. learned cousel for the petitioner, in support of his contention that annex. d is bad in and without the authority of law, has urged the following ground : (a) that ther is no power vested in the central govt. to issue the impugned notification at annex. d, inasmuch as, while -after the repeal of the 1922 act, by s. 297 ..... 1st november, 1956, were comprised in any part b state or to chandemagore - if the central government considers it necessary or expedient so to do for avoiding any hardship or anomaly, or removing any difficulty, that may arise as a result of the extension of this act to the merged territories or to the territories which immediately before the 1st .....
Tag this Judgment!Court : Karnataka
Reported in : 1984(16)ELT52(Kar)
..... the petitioner has contended that it was not open to the superintendent to collect the cess, if any, prior to the extension of the 1923 act to the erstwhile state of mysore. 12. sri k. shivashankar bhat, learned central government senior standing counsel appearing for the respondents has urged that this plea that had not been specifically urged in the ..... that behalf for the improvement and development of the growing, marketing and manufacture of cotton in india. 6. the part b state laws of 1951 (central act 3 of 1951) (hereinafter referred to as the part-b state laws act) that came into force on 1-4-1951, extended the 1923 act to all part-b states except the state of ..... hearing does not involve any investigation of facts and is a plea that falls under the principle of inherent want of jurisdiction and in any event a pure question of law, that calls for examination on merits. i, therefore, propose to examine the same on merits. 14. the 1923 act enacted by the then indian legislature did not .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1985Kant50
..... the petitioner has contended that it was not open to the superintendent to collect the cess, if any prior to the extension of the 1923 act to the erstwhile state of mysore.12. sri. k. shivashankar bhat, learned central government senior standing counsel appearing for the respondent has urged that this plea that had not been specifically urged in the petitions ..... behalf for the improvement and development of the growing, marketing and manufacture of cotton in india.6. the. part-b state laws of 1951 (central act 3 of 1951) here in after referred to as the part-b state laws act) that came into force on 1-4-195 1, extended the 1923 act to all part-b states except the ..... hearing does not involve any investigation of facts and is a plea that falls under the principle of inherent want of jurisdiction and in any event a pure question of law, that calls for examination on merits. i, therefore, propose to examine the same in merits.14. the 1923 act enacted by the then indian legislature did not and .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR1a; 1990(3)KarLJ72
..... of the state of jammu and kashmir and the union of india and state of rajasthan. it was in that circumstance that the court ruled it was an extension of the limb of the state and as such would answer to the description of 'the other authorities' under article 12 of the constitution.10. we see ..... association, subject to the approval of the board of directors. therefore, when once membership is open to the persons other than the state of karnataka and the central government, then, it will lose the characteristic of being a local authority and remain only an association of persons in which government has some interest. in fact, ..... object for which the msera was incorporated and registered under the karnataka societies registration act, 1960. merely because, there are some ex-officio members nominated by the central government and some members nominated by the state government, the society registered under the karnataka societies registration act is not ipso facto state or other authority under .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR2211; 1998(1)KarLJ227
..... sub-section (2) of section 1, the act was extended to the whole of india except the state of jammu and kashmir, as noted earlier. the extension of the act including to the state of karnataka impliedly repealed the state act dealing with the land acquisition. assuming for the sake of argument that the state ..... land for the purpose of respondent-housing society. the learned counsel appearing for the respondents has, however, half-heartedly argued that as under the land acquisition (mysore extension and amendment) act of 1961, the deputy commissioner is also the appropriate authority for the purpose of sub-section (1) ofsection 4, the notifications could not be ..... supreme court in kanthimathy plantation private limited v state of kerala and others, dealt with such a situation in relation to the law of acquisition in the state of kerala before the amendment of the central act vide act no. 68 of 1984. the apex court held.--'the legislative entry for acquisition and requisitioning of property is .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(4)KarLJ128
..... sub-section (1) of section 2, the act was extended to the whole of india except the state of jammu and kashmir, as noted earlier. the extension of the act including to the state of karnataka impliedly repealed the state act dealing with the land acquisition. assuming for the sake of argument that the state act ..... supreme court in kanthimathy plantation private limited v state of kerala and others, dealt with such a situation in relation to the law of acquisition in the state of kerala before the amendment of the central act vide act no. 68 of 1984. the apex court held:--'the legislative entry for acquisition and requisitioning of property is 42 ..... issue the notification under section 4 of the land acquisition act as he could not be held to be either collector or appropriate government within the meaning ofthe central act. in support of his contention the learned counsel has relied upon the division bench judgment of this court in kanaka gruha nirmana sahakara sangha, avalahalli, bangalore .....
Tag this Judgment!Court : Karnataka
Reported in : 1998(4)KarLJ413
..... , conscious and convinced that the state land acquisition act, 1961 was not operative. in the absence of a legislation which stood impliedly repealed with the extension of the central act, the respondents were not justified in initiating action under the aforesaid statute. the acquisition proceedings initiated, conducted andconcluded under the aforesaid act, therefore, being ..... in kanthimathy plantation private limited v state of kerala and others, dealt with such a situation in relation to the law of acquisition in the state of kerala before the amendment of the central act, and held:'the legislative entry for acquisition and requisitioning of property is entry 42 in list iii of the ..... has submitted that in view of karnataka act no. 33 of 1991, the aforesaid judgment cannot be held to be laying down the correct proposition of law and that respondent 3 was justified in initiating the acquisition proceedings with regard to the land, the subject-matter of litigation.5. the learned counsel for .....
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