Court : Karnataka
Reported in : AIR1981Kant135; ILR1981KAR780; 1981(1)KarLJ193
..... , therefore, this case has to be decided as the law then stood. in this view, the scope and ambit of section 80 as amended by the code of civil procedure (amendment) act of 1976 that has come into force on 1-2-1977 is not examined.22. while the learned munsiff examined the question with some earnestness and thoroughness, the ..... of which alone the suit has been dismissed read thus :(1) whether the suit is 'maintainable under section 63 of the mysore land revenue act ?(2) is the suit tenable under section 69 of the mysore irrigation act. 1965 ?(3) is the notice under section 80 of the code valid ?9. before considering issues 1 to 3 one sri m. h ..... the suit filed by the plaintiffs was not maintainable under section 63 of the karnataka land revenue act of 1964 (herein after referred to as the l. r. art) and section 69 of the karanataka irrigation act of 1965 (hereinafter referred to as the irrigation act). secondly, it urged that the suit had not been instituted by the plaintiffs within six .....
Tag this Judgment!Court : Karnataka
Reported in : [1994]93STC464(Kar)
..... has purported to do in the present case is not to revise his order in the light of the retrospective amendment made by s. 13 of the amendment act alone, but to exercise his power under s. 35 of the act; and so the question which falls to be considered in the present appeal centres round the construction of the ..... initiated in january, 1972, well within the prescribed period of four years, under s. 35 of the wt act. the high court set aside the order effecting rectification, on the ground that the question whether the amendment act applied to assessments which were already completed was a highly debatable question and, therefore, not a case of error apparent ..... aac on 26th june, 1970, whereby the jewellery and ornaments had been excluded from computation of total wealth, under s. 5(1)(viii), the said section was amended by finance act no. 2 of 1971, with retrospective effect from 1st april, 1963, by adding the words 'but not including jewellery'. in view of it, rectification proceedings were .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR1330; [1986]62STC418(Kar)
..... for rejection. 24. article 19(1)(f) of the constitution that guaranteed citizens the right to acquire, hold and dispose of property has been deleted by the 44th constitution amendment act with effect from 1st august, 1979. with the deletion of that article the petitioner cannot sustain his challenge to section 13(2) with reference to this article. even ..... to the first three months as aforesaid.' but, this section as in the case of many other provisions of the act, has not remained in the same form from 1st october, 1957. 14. section 13 as amended by the later amending acts omitting sub-sections (3) and (4) of that section that is not material, as it stands at present and ..... in this contention of sri srinivasan and we reject the same. 45. before parting with this case, we deem it necessary to point out on the desirability to amend section 13 of the act. 46. we have earlier found that the term 'penalty' had to be construed as 'interest'. in the neighboring state of tamil nadu, that state has .....
Tag this Judgment!Court : Karnataka
Reported in : [1985]60STC328(Kar)
..... of any goods that are being carried in a goods vehicle and the power to levy penalty which is the power now conferred under section 28a(4) after amendment of section 28a by amendment act 27 of 1969 is beyond the competence of the state legislature. 13. in support of the challenge, the petitioner has relied upon the decision of the ..... that k. p. abdulla's case [1971] 27 stc 1 (sc) did not apply to the orissa act. this case, therefore, does not help the petitioners' case. 31. sri rajendra babu, argued that the provisions substituted by the amendment act of 1969 in section 28a(4) are valid in law and there is no question of any lack of competency on ..... . 1218 of 1981 filed by the petitioners who is the owner of lorry bearing reg. no. meg 5711, the provisions of section 28a of the karnataka sales tax act, 1957, as amended by act 27 of 1969, are challenged as beyond the competence of the state legislature. 2. the petitioner's lorry, when checked by the assistant commercial tax officer (acto), .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1975Kant211; 1975(2)KarLJ345
..... the vehicle is permitted to carry.10-00 15-00 9. item 4-a in part 'a' of the schedule to the taxation act, inserted by the mysore (karnataka) motor vehicles taxation (amendment) act, 1972, which came into force on 1-7-1972, reads:4a.motorvehicles plying for hire or re-ward used for transport of passengers ..... appeals as well as in the writ petitions.36. before concluding, we wish to point out that there is need for amendment of the motor vehicles act and the karnataka motor vehicles taxation act so as to introduce a separate classification of motor vehicles which are used by employers for providing transport facility to their employees exclusively ..... in respectof which contract carriage permits have been issued under the motor vehicles act,1939 and permitted to carry more than five personsexcluding the .....
Tag this Judgment!Court : Karnataka
Reported in : 1992CriLJ167; ILR1991KAR1146; 1991(1)KarLJ266
..... the observations made in the above decisions equally apply to the protective umbrella of indemnity provided to certain category of officers specifically mentioned in s. 127 of the act. in order to claim the benefit of indemnity under s. 127, respondents have of firstly plead and prove that they are officers of the category mentioned in s ..... is further observed in the same paragraph as under : '...... the question may arise at any stage of the proceedings. the complaint may not disclose that the act constituting the offence was done or purported to be done in the discharge of official duty; but facts subsequently coming to light on a police or judicial inquiry or ..... to the detriment of the petitioner by managing to show that majority of his supporters were eliminated from the eligible voter-members; (c) by committing the said act and several other acts of omission and commission, the respondents had committed offences under ss. 170, 166, 415, 417, 416 and 419 all read with s. 34, i.p .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1962Kant218; AIR1962Mys218
..... substantial reasons why the contesting respondents cannot take shelter under the principle stated by the learned advocate-general on their behalf. neither the impugned statute nor the amending act contains any indication whatever of circumstances in which , or the considerations or principles on which , the descretion vested in the government under section 27-a ..... is not denied, -- but actually admitted that acquisitions made during the first fifteen years whose validity is sought to be supported by relying upon the amending act, were all acquisitions for the purposes of improvement and expansion or development of the city of bangalore, and the acquisitions that have been or will be ..... of the seventh schedule. (46) now, the argument of the learned counsel for the petitioners, shortly stated, is that both the ordinance and the amending act of 1960 are pieces of legislation with respect to acquisition of land, one of the matters enumerated in the concurrent list, that the provisions of both .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1988Kant194; ILR1987KAR3679; 1987(3)KarLJ549
..... no answer to the question, as to what barred the legislature from amending small cause. courts act to include matters arising under the rent control enactment being taken cognizance of. his grievance seems to be without amending the said small cause courts act, legislature cannot vest jurisdiction on the sma11 cause courts by making a ..... are intended to protect tenants against harassment and exploitation by landlords, safeguarding at the same time the legitimate interests of the landlords. the rent act seeks to preserve social harmony and promote social justice by safeguarding the interests of the tenants mainly and at the same time protecting the legitimate ..... very valuable imm6veable property, both of which will be beyond the pecuniary, jurisdiction of court of small causes. therefore, vesting of jurisdiction under the act on these courts, is attacked without specifying the constitutional provisions which are contravened by this vesting of such a jurisdiction. the petitioner sought a .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR59; (1986)ILLJ220Kant
..... has prayed for a quashing of the order of the industrial tribunal holding that complaints presented by respondent-workmen under s. 33-a of the industrial disputes act, 1947 ('the act' for short) was maintainable and also granting certain interim reliefs. 2. the fact and circumstances of the case, in brief, are as follows :- ( ..... , 1981 ? (ii) if alteration of condition of service is brought about by settlement dated 23rd november, 1981, whether it contravened s. 33(2) of the act and therefore, the complaints were maintainable 4. sri narayanaswamy, learned counsel for the petitioners, sri s. v. shastri, learned counsel for the respondent-workmen and sri ..... such change - (a) where the change is effected pursuance of any settlement award or decision of the appellate tribunal constituted under the industrial disputes (appellate tribunal) act, 1950;' the contention of the workmen is untenable. according to the proviso (a) to the section, whenever change is effected pursuance to a settlement, the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR1803; [1986]63STC90(Kar)
..... parliament in unambiguous terms makes the provision retrospective and takes away the rights vested in or the liabilities incurred by the parties. section 2(ab) inserted by the amending act - act 103 of 1976, which has given a new and restricted meaning to the expression 'customs frontiers of india' is only prospective and is therefore of no assistance ..... brought about a distinct change and given a restricted meaning to the expression 'customs frontiers of india' can only be prospective and not retrospective unless the amending act itself makes it retrospective or retroactive. that apart the goods sold after they crossed the 'customs frontiers of india' had suffered the liability to tax and ..... the term 'the customs frontiers of india' came to be defined by introducing sub-section (ab) (of section 2(a) of the central sales tax (amendment) act, 1976, with effect from 7th september, 1976. prior to introduction of sub-section (ab) this term 'customs frontiers of india' was not defined in the cst .....
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