Court : Karnataka
Decided on : Mar-31-1997
Reported in : ILR1997KAR1573
..... needs, not merely public possessions.'in sanjeev coke manufacturing co.'s case4 (supra) the 'material resources' were explained as:-'the next question for consideration is whether the coking coal mines (nationalisation) act is a law directing the policy of the state towards securing 'that the ownership and control of the material resources of the community are so distributed as best to subserve ..... to have a reference to various provisions of the constitution applicable in the case. part-xi of the constitution governs the relations between the union and the states and chapter-1 thereof deals with the legislative relations. the scheme of the constitution shows that there is a three-fold distribution of legislative powers between union and the states made ..... legislature, however, cannot by a bare declaration, without more, directly overrule, reveres or over-ride a judicial decision. it may, however, at any time, in exercise of the preliminary powers under article 245 and 246 of the constitution, render a judicial decision ineffective by enacting a valid law on a topic within its legislative field fundamentally altering or changing ..... for the petitioners on the decisions rendered in deputy commissioner & collector, kamrup and ors. v. durganath sharma : [1968]1scr561 , nagpur improvement trust and anr. v. vittal rao and ors. : [1973]3scr39 , balammal and ors. v. state of madras and ors. : [1969]1scr90 is misplaced.reg. malafides :77. relying upon dr. k.r. lakshmanan v. state of tamil nadu : .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-08-1997
Reported in : 1999(4)KarLJ572
..... various pronouncements of the apex court it can be held that the legislature has the power to make laws under the constitutional scheme as provided under part xi, chapter i read with the seventh schedule of the constitution. the legislature can enact laws both prospectively as well as retrospectively. the legislature can change the basis of a ..... state, the court has to interfere as exercise of such power was impermissible. in that case the provisions of mysore ordinance 1 of 1973 and the karnataka state civil services (regulation of promotion,pay and pension) act, 1973 were challenged mainly on the ground that the impugned provisions amounted to take away the rights of the parties which had been ..... of its enforcement. the comprehensive development plan is to supersede the outline development plan. chapter v deals with the town planning schemes. chapter vii makes provision for disputed ownership, preliminary scheme, final scheme, its sanction and enforcement. chapter ix deals with classification of land and chapter x provides the penalties for offences besides authorising the making of rules and bye-laws ..... . 6. in this context it would be relevant to note down the impugned act. the act which received the .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-09-1997
Reported in : ILR1998KAR730; 1998(5)KarLJ62
..... court decisions freely upholding the right to sue as inhering even in those whose proprietary rights or personal interests are not directly affected, i reject the preliminary objection of sri n.t. rama rao to the maintainability of this writ petition. the writ petitioner claims to be the president of ..... and many enterprises are set up primarily to do business with government. government owns and controls hundreds of acres of public land valuable for mining and other purposes. these resources are available for utilisation by private corporations and individuals by way of lease or licence. all these mean growth ..... have liberalised standing so as to afford a hearing to any person with a real interest in the relevant controversy. surveying the result in 1973 professor scott commented: (op cit. 673)when the floodgates of litigation are opened to some new class of controversy by a decision it ..... spectre which haunts the legal literature, not the court room (prof. k.e. scott, standing in the supreme court : a functional analysis' (1973) 86).a major expressed reason for limiting standing rights is fear or a spate of actions brought by busy-bodies which will unduly extend the resources ..... of the act deals with manufacture, possession and sale of intoxicating liquors, section 13 which forms a part of chapter iv prohibits manufacture, possession or sale of the excisable article in question except under a licence. it provides: '13(1) no person shall- (a) to (c) xxx xxx; (d)construct or work a .....
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