Court : Karnataka
Reported in : ILR2009KAR2657; (2009)24VST250(Karn); 2009(3)KCCRSN123; 2009(6)AIRKarR141
..... even as understood in some cases by the authorities, as a result of the legislative changes brought about in section 15 of the act, particularly by the amending act [karnataka act no 6 of 2007] in terms of section 4(3)(d) of the act 6 of 2007, where under a new clause - clause [e] has been introduced in sub-section (5) of section 15 of the ..... 2006 with effect from 1.4.2006. here again clause [e] of sub-section [5] of section 15 of the act is the impugned provision inserted by act no. 6 of 2007 but its section 4[3][d] of the amending act no. 6 of 2007 which specifically indicates that the provision shall be deemed to have been inserted from 1st day of april 2006. it ..... is because of the language of section 4[3][d] of act no. 6 of 2007 and the actual contents of section .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2009KAR1483; 2009(5)KarLJ337; 2009(2)KCCR1427; 2009(5)AIRKarR36; AIR2009NOC2682;
..... logistic and warehousing society with effect from 14.12.2007. thereafter, it issued a notification dated 26.12.2007 duly published in the karnataka gazette extraordinary at no. 15, dated 4.1.2008 in exercise of the powers conferred by section 18-a of the amended act, notifying the implementation of e-procurement through a ..... zone of consideration, which seriously effected public interest; it is to break the monopoly of vested interests who constituted cartels and rendered competition a farce, and to undo the said mischief, this amendment is brought, which is timely and well intended. but, at the same time, this e-tendering itself should not create another ..... across the department, reduction in the cost of procurement and the much required transparency in the procurement process, processes like reverse auction saving due to increased competition. in order to achieve the said object, it was necessary to create an e-procurement platform that would enable procurement of services as well as work .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant115; AIR1954Mys115; (1955)33MysLJ42
..... dismissed. but later on, after the disposal of that regular appeal and a second appeal therefrom, he made an application in o.s. no. 203/44-45 for permission to amend his written statement and to ask that there should be a general partition of the family properties which belonged to dodda thimmiah and his sons, that the suit land may .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant102; AIR1954Mys102
..... out of time. the election tribunal has not been shown to have the power to extend the period of limitation and must therefore be held to have acted without jurisdiction when, by amending the petition, it enlarged the period prescribed for the presentation of the election petition.16. the learned counsel for the petitioner submitted that the election tribunal ..... election tribunal. it would, if that was the intention, have referred to and embodied order 6, rule 17, civil p. c. in the representation of the people act. the amendment by the election tribunal of the election petition sent to it by the election commission must therefore be held to be an ..... the code of civil procedure as such and in toto are not made applicable to the proceedings before election tribunals and that the election tribunal acted without jurisdiction in invoking the provisions of order 6, rule 17, to amend the petition sent to it by the election commission.a perusal of the provisions of the representation of the people .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant167; AIR1959Mys167; (1958)36MysLJ422
..... be returned for presentation to a proper court.6. the order of the court below is accordingly modified. subject to the modification, this revision petition is dismissed. the amendment application will be sent down to the lower court to be dealt witn according to law. the petitioner will pay the costs of the respondents.7. order modified and ..... govinda rao, the learned counsel for the petition contends that this section applied only to cases where ad valorem court fee has to be paid under the court fees act. according to him in a suit for injunction the plaintiff need not pay court-fees on the ad valorem basis.this contention is untenable. even in a suit for ..... i shall dispose of the objection raised by the respondents. according to him the plaint should have been valued under section 4(iv)(c) ot the mysore court-fees act as the plaintiff has prayed for a declaration as well as an injunction. but the petitioner contends that the suit is essentially one for injunction though it contains the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant17; AIR1959Mys17; (1958)36MysLJ558
..... one.6. i shall first take up the contention that the application of the 1st respondent was made beyond the time prescribed by the motor vehicles act. section 58 (amended) of the motor vehicles act lays down that an application for renewal of the permit, shall be made in the case of a stage carriage permit or a public carrier' ..... am taking in this matter. their lordships observed as follows:'an applicant for renewal of a stage carriage permit along a particular route will generally have to survive competition along with other applicants when he applies for renewal and all that he can claim is a preference over others if other conditions are equal'.no doubt the question ..... be followed. in the case of an application for renewal of a stage carriage permit or a public carrier permit, a person applying for such renewal will have to face competition.in the case of v.c.k. bus service ltd. v. regional transport authority : [1957]1scr663 , their lordships of the supreme court seem to have accepted the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant77; AIR1960Mys77
..... the end of the assessment year, as originally contended by him. the material provisions of s. 34 of the indian income-tax act after its amendment in 1956 reads as follows:(11) section 34: income escaping assessment. (1) if--'(a) the income-tax officer has reason to believe that by reason of the ..... this matter. we permitted him to argue the case on this point.(10) the learned government pleader placed before us s. 34 of the income tax act as it now stands after its amendment in 1956 and contended that on proper construction of the said section, we should hold that the period of 8 years mentioned therein would start from ..... from which the computation of eight years mentioned in the said section has to start. the position, in my opinion, is exactly the same as it was before the amendment in 1956. the learned government pleader drew our attention to the proviso, wherein it is inter alia stated that the income-tax officer shall not issue a notice under .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1958KAR712; [1960]38ITR109(KAR); [1960]38ITR109(Karn)
..... from the end of the assessment year, as originally contended by him. the material provisions of section 34 of the indian income-tax act after its amendment in 1956 reads as follows : '34. income escaping assessment. - (1) if - (a) the income-tax officer has reason to believe that by reason of omission ..... pleader placed before us section 34 of the income-tax act as it now stands after its amendment in 1956 and contended that on a proper construction of the said section, we should hold that the period of eight years mentioned therein would start ..... . his application was really an application for review although an oral one. the learned government pleader wanted to argue that section 34 as it now stands after the amendment in 1956 does not warrant the view which we have taken in this matter. we permitted him to argue the case on this point. 11. the learned government .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant83; AIR1960Mys83
..... dealing with this aspect of the case, their lordships observed:--'in these circumstances the question before the board would appear to be extremely simple. under the indian limitation act no adverse possession can be effectively pleaded against the crown for a period of less than sixty years. the question simply is: do the claimants establish such ..... mouth of the godavari river. according to the law in madras, such lands become government properties. before constituting them into a reserved forest, the madras forest act v of 1882 requires that the forest settlement officer should give a notice to the persons who claim any right or title to those properties. in pursuance of ..... dispossessed by defendants 1 and 2. so far as this part of their claim is concerned, the learned advocate concedes that art. 142 of the limitation act is applicable since both the lower courts have held that the plaintiffs 1 and 2 have established their title, but that they have failed to establish their title .....
Tag this Judgment!Court : Karnataka
Reported in : 1960CriLJ959
M. Sadasivayya, J.1. The appellant Awwannappa was the accused in Sessions Case No. 21 of 1957 on the file of the Extra Additional Sessions Judge of Belgaum. He was charged and tried for having caused the death of his son Thimmappa by cutting him with a sickle on the morning of 11-11-1956 at Hoskoti, and thereby having committed an offence punishable Under Section 302 of the IPC The accused had pleaded not guilty. The learned Sessions Judge bund him guilty of the offence and sentenced him to imprisonment for life; it is against the said conviction and sentence, the present appeal has been preferred.2. The prosecution case was to the effect that the deceased Thimmappa was the son of the accused by his first wife. The said first wife of the accused having died while she was still very young, the accused married a second wife about 20 or 25 years back. About 1 or 1 1/2 months prior to the occurrence, a division, had taken place between Thimmappa and the accused; along with some other prope...
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