Court : Karnataka
Reported in : 2000(4)KarLJ407
..... referred to the above decisions. thus keeping the above principles in view, i am of the opinion that by virtue of the legal fiction incorporated in section 3(2) of amending act by use of expression 'shall be deemed always to have been inserted' the legislature has clearly provided that sub-sections (4) to (6) shall have to be taken to ..... that transfer or transaction namely, agreement to sell dated [5-6-1969] had taken place after 1-2-1963 and before 7-8-1978 i.e., the date of amending act no. 13 of 1978 coming into force.6. the learned counsel for the respondents hotly contested this contention and submitted that the contentions are based on misreading the case ..... to regrant is wholly null and void nor can it apply to a case where transfer after regrant is prohibited, as under the amended section 5(3). section 5(6) of the said act which is introduced under the amending act, 1978, clearly provides that an agreement to transfer which is entered into prior to regrant is null and void. nor can .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR2675
..... government officers of their acquired status as government servants. this is clear from the statement at page 176:'retrospectively is sought to be given to the amending act so that they could not claim that they were even government servants and so could not be made to cease to be government servants and so that ..... on their party affiliations, at the time of their elections to the mandal panchayats. none of the votes cast by these defectors were nullified by the act. the act imposes a posterior disqualification, based on a conduct, which may be future or past, provided the concerned political party does not condone the delinquency. in this ..... defection. it was argued that the provisions of section 3 cannot be worked properly by applying it retrospectively, because, it imposes a disqualification on a person who acts in contravention of his party's mandate, without obtaining party's prior permission. it is impossible to obtain 'prior permission retrospectively. serious consequence, such as a .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR1067
..... . of the petitioner requires the premises to start business of her own in the petition schedule premises.'7. the petitioners filed their objections to the eviction petition with its amendment denying the requirement of the landlady either as reasonable or bonafide. petitioner no. 1 also denied that he had sub-leased the premises. he also denied that he owned ..... rights of the parties in a civil matter. but in the rent control proceedings the nature of enquiry is not the same. section 21 of the rent control act reads as under:-'notwithstanding anything to the contrary contained in any other law or contract no order or decree for recovery of possession of any premises shall be made ..... has transferred the schedule premises by way of sub-lease to the second petitioner herein. therefore they are liable to be evicted under section 21(1)(f) of the act.4. that the first petitioner is having a suitable premises of his own in the civil area and therefore liable to be evicted under section 21(1)(p).5. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR1; 1995(4)KarLJ109
..... it is pertinent to note that, no time limit was prescribed for making declaration under section 6 or passing of the award before the amendment act. but it is to be made within a reasonable time and under the amendment act, the legislature has granted a period of 5 years between the date of section 4(1) notification and the passing of the award ..... 6 as also for making an award after the declaration are relevant in considering as to whether there was unreasonable delay in passing the award or not. by the amending act, a proviso was added to section 6 that no declaration in respect of any land covered by notification under sub-section (1) of section 4 of the ..... of india which this court is not entitled to do.9. that apart, if we go by the land acquisition amendment act, 68/84, the time taken in this case for passing the award cannot be said to be unreasonable. though the amended provisions may not be applicable to the case in question, the provision made therein, fixing the time limit for .....
Tag this Judgment!Court : Karnataka
Reported in : 2002(4)KarLJ570
..... 65/89 for the same agricultural years as stated supra, just to mislead this court because the 3rd respondent as on the date of the amendment of section 94-a of the karnataka land tribunal act came into force, whether the petitioner's holding is less than 4-38 guntas. in the instant case as stated supra, the petitioner's ..... regularisation of his unauthorised cultivation of the land measuring 2 acres 30 guntas in sy. no. 158 of kamathi village, in pursuance of the amendment to section 94-a of the karnataka land revenue act. the request of the petitioner was rightly considered by the 3rd respondent and granted the same in his favour. the 1st and 2nd respondents without ..... contended that the petitioner being an excess holder of the lands is not entitled to seek any grant from the 3rd respondent contrary to the relevant provisions of the act. as a matter of fact, the 2nd respondent after going through the entire original records had passed a well-considered order by setting aside the grant made in .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR2804
..... the petitioners also sought for addition of another prayer, namely, to declare rule 259(2) of the rules in so far it covers section 200 of the act as unconstitutional. that amendment was also allowed. the respondents have also filed the additional statement of objections.4. in the light of the contentions urged on both sides, the following ..... however, it may be observed that it is open to the legislature to impose such a condition by way of suitable amendment.23. in the light of the interpretation placed by me on section 200 of the act, the notification dated 13-11-1986 annexure-a cannot be sustained because it does not give scope for the alleged offender ..... ) with effect from 1st july, 1989, some of the petitioners made written applications to seek appropriate amendments having regard to the repealing of the 1939 act and re-enacting of the similar provisions in the act i.e., motor vehicles act, 1988. as far as the notification dated 13-11-1986 is concerned, the same has been saved having .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR717
..... . after the written statement was filed, plaintiff-2 came to be impleaded. of course, after the second plaintiff was impleaded, there was no amendment sought for by the plaintiff to amend the averments contained in the plaint as referrable to two plaintiffs instead of one.7. the trial court framed the following issues for determination:1) ..... . the learned counsel for the defendant placed reliance on a decision of the supreme court in mayawanti v. kaushalya devi wherein section 9 of the specific relief act has been dealt with. in that case, the court came to the conclusion that there was no agreement between the parties regarding essential terms of the agreement. ..... had mortgaged the suit schedule property to the bangalore central co-operative bank and had not discharged that debt. under the provisions of the karnataka co-operative societies act, 1959, and the rules framed thereunder, a society cannot bring a property for sale without complying with rule 38 of the rules. in other word? without .....
Tag this Judgment!Court : Karnataka
Reported in : 1999CriLJ247; 1999(4)KarLJ500
..... the lokayukta has in terms of the cadre and recruitment rules to be headed by an inspector general of police. the government have without bringing a suitable amendment to the rules not only created a post and made an appointment against the same, but taken out the officers working in the police wing of the ..... with the one exercised by the lokayukta over its officers and employees under section 15(4) of the act. the government would therefore do well to take appropriate steps in this direction for avoidance of confusion by amending the cadre and recruitment rules and providing for the post of a director general in the police wing ..... these orders may be summarised thus.-'(i) the government have without any statutory authority and without an appropriate amendment to the cadre and recruitment rules rechristened the police wing of the lokayukta as bureau of investigation, lokayukta. neither the act nor the cadre and recruitment rules envisage the creation or recognition of any such bureau; (ii) .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR4782
..... in respect of lands in inams which have vested in the state before the date of commencement of the karnataka inams abolition (amendment) act, 1973 within six years from the date of commencement of the said amendment act and(ii) in respect of lands in inams which vest in the state on or after the commencement of the karnataka inams abolition ..... laws (amendment) act, 1973 within three years from the date of vesting of the inam concerned or 31st december 1979 whichever is later(b) where no application is ..... deputy commissioner, smt. chitra annaswamy, who was impleaded, did not appear. in view of the amendment to the provisions of the karnataka land reforms act in 1979, all the applications, which were pending before the special deputy commissioner under inams abolition act, stood transferred to the land tribunal. the land tribunal by its order dated 30th march 1982 rejected .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(4)KarLJ628
..... imaginary and not real. the draft pension regulations were held applicable to the persons like the writ petitioners and the same were enforced obviously without any amendment or alteration, w.e.f. 29-9-1995. the learned single judge was therefore right in holding that the regulations were applicable to all the ..... the ida had submitted draft pension regulations for implementation after following the procedure prescribed under section 19(1) of banking companies (acquisition and transfer of undertakings) act, 1970/1980. annexure-v attached to the annexure-f referred to the pension scheme reiterated what was stated in the notice (annexure-e) published by ..... their behalf. based on the agreed conclusions reached in such bipartite meetings, statutory regulations are framed by the bank managements under the provisions of the relevant act. as a result of negotiations between the workmen unions, the officers association and the indian banks' association, an agreement was signed between all india bank .....
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