Court : Karnataka
..... petitioner has also not questioned the validity of finance act, 2012 or the amendment to section 9(l)(vi) whereby, explanations 5 and 6 have ..... for the purposes of this article, the term "royalties'" means a) payments of any kind received as a consideration for the use of, or the right to use, any copyright of a literary, artistic or scientific work, including cinematography films or work on films, tape or other means of reproduction for use in connection with radio or television broadcasting, any patent, trade mark, design or model, plan, secret formula ..... that the payments made by the petitioner to ntos/beigacom did not qualify as 'royalty' attracting section 9(1)(iv) or (vi) of the act or any of the provisions thereof, he submits it is settled proposition of law that whenever there is a treaty between the tax assessee in india and nto based on foreign policy of the central government, agreements are entered into to prevent double taxation, and they are styled as dtaas (double taxation avoidance agreements). ..... to refer to the provision of section 90(2) of the act which reads thus: sec.90(2): where the central government has entered into an agreement with the government of any country outside india or specified territory outside india, as the case may be, under sub section (1) for granting relief to tax, or as the case may be, avoidance of double taxation, then, in relation to the assessee to whom sucn agreement applies, the provisions of th!s act shall apply to the extent they are .....
Tag this Judgment!Court : Karnataka
..... petitioner has also not questioned the validity of finance act, 2012 or the amendment to section 9(l)(vi) whereby, explanations 5 and 6 have ..... for the purposes of this article, the term "royalties'" means a) payments of any kind received as a consideration for the use of, or the right to use, any copyright of a literary, artistic or scientific work, including cinematography films or work on films, tape or other means of reproduction for use in connection with radio or television broadcasting, any patent, trade mark, design or model, plan, secret formula ..... that the payments made by the petitioner to ntos/beigacom did not qualify as 'royalty' attracting section 9(1)(iv) or (vi) of the act or any of the provisions thereof, he submits it is settled proposition of law that whenever there is a treaty between the tax assessee in india and nto based on foreign policy of the central government, agreements are entered into to prevent double taxation, and they are styled as dtaas (double taxation avoidance agreements). ..... to refer to the provision of section 90(2) of the act which reads thus: sec.90(2): where the central government has entered into an agreement with the government of any country outside india or specified territory outside india, as the case may be, under sub section (1) for granting relief to tax, or as the case may be, avoidance of double taxation, then, in relation to the assessee to whom sucn agreement applies, the provisions of th!s act shall apply to the extent they are .....
Tag this Judgment!Court : Karnataka
..... the present case is with reference to the provisions of the cr act, before it was substantially amended by the copyright (amendment)act, 2012 and before the 1958 rules were superseded by the copyright rules, 2013. ..... issues are set aside and it is declared that the plaintiff, on due compliance with the procedure contemplated under section 52(1)(j)(ii) of the cr act, read with rule 21 of the 1958 rules (before the amendment of the act vide act 27 of 2012 and supersession of the rules vide the copyright rules, 2013) and subject to meeting other conditions prescribed thereunder would be entitled to make the intended sound recordings, notwithstanding the refusal of ..... is not to be found in the cr act prior to its amendment by act 27 of 2012, the procedure to secure such licence to make a sound recording as is contemplated under section 52(1)(j)(ii) and the procedure to obtain, what is now defined as a statutory licence for cover versions , under section 31c of the amended act, are identical though with some variation as ..... including an order for payment of royalty; it is fascinating as to how the position becomes clearer and to discern the intent of the legislature, if the section is read thus, in two parts: (i) (the following acts) (it) shall not constitute an infringement of copyright, namely, the making of sound recordings in respect of any literary, dramatic or musical work if 33 sound recordings of that work have been made by or with the licence or consent of the owner of the right .....
Tag this Judgment!Court : Karnataka
(prayer: this writ petition is filed under articles 226 and 227 of the constitution of india, praying to direct/commanding/ordering sections 2(u), 3, 5(1), 8(1), 8(2), 8(3), 8(4), 8(5), 8(6), 9, 17(1), 18(1), 19, 23, 24 and section 44 of the prevention of money- laundering act 2002, (central act 15 of 2003) [the act] amended by the prevention of money laundering (amendment) act, 2005 (central act 20 of 2005) [the amendment act]; further amended by the prevention of money-laundering (amendment) act, 2009 [central act 21 of 2009] (the 2nd amendment act) and further amended by the prevention of money-laundering (amendment) act, 2012 [central act 2 of 2013] (the 3rd amendment act) (w.e.f.15.2.2013), ultra virus , oppressive and unconstitutional. ..... articles 226 and 227 of the constitution of india, praying to direct in the nature of mandamus/directing/commanding/ordering the amended provisions sections 2(u), 3, 5(1), 8(1), 8(2), 8(3), 8(4), 8(5), 8(6), 9, of the money-laundering act 2002, and as amended by the prevention of money-laundering (amendment) act, 2012 (central act 2 of 2013) [the 3rd amendment act) (w.e.f.15.2.2013), ultra virus , oppressive and unconstitutional and declare the complaint spl.c.c.no.124/2014 under section 3 and 4 of the pml act and all proceedings culminating therefrom are illegal, oppressive as being filed under the .....
Tag this Judgment!Court : Karnataka Dharwad
..... it is emphasized that neither the amending act of 2011 nor the amending act of 2012 claim to be in the nature of validating legislation, but are clearly acts amending and further amending the principal act, which, at best, is in suspended animation by virtue of the interim order of stay granted by the apex ..... accordingly, it is declared that the karnataka religious institutions and charitable endowments (amendment) act, 2011 and the karnataka religious institutions and charitable endowments (amendment) act, 2012, as being discriminatory, violative of constitutional rights and are accordingly struck down in ..... 33 of 2001, which was struck down by the division bench of this court, it is contended that the amendment act of 2012 cannot be characterized as a colourable legislation and that the legislature had undoubted power to legislate by virtue of entry 28 of list iii of schedule 7 to the constitution of ..... it is urged that the amending act of 2012 only seeks to reintroduce the very same unconstitutional provisions with cosmetic changes and is therefore a repeated affront to this ..... appearing for the state that section 25 of the principal act as amended by the 2011 amendment act was no longer on the statute book, an application was filed in the petition in wp 64805 868 of 2011, seeking to include an additional prayer specifically challenging act 12/2012 on the same grounds on which the 2011 amendment act is challenged, as follows: to declare and strike down karnataka act no. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR116; 1993(1)KarLJ1
..... ' a careful perusal of the aforesaid decision, the relevant portion of which is excerpted hereinabove, would go to show that the provisions for notice to the persons interested referred to in section 4(1) of the land acquisition act as amended by act no. ..... (amendment) act 9/1983] would render the acquisition bad in law. ..... (amendment) act 9 of 1983], would render the acquisition bad in law. ..... sri nagaraja rao, learned counsel for the respondents, as pointed out earlier, contended that whenever possession is taken under section 16(1) of the land acquisition act, the same is required to be notified in the official gazette as required under section 16(2) of the act (as amended by karnataka act no. ..... 33/1991 there was further amendment to section 4(1) of the act bringing into being an additional obligation to cause the publication in two daily newspapers circulating in the locality also. ..... in this connection, the provisions of section 16 of the land acquisition act, (as stood amended by karnataka act no. ..... it would also be incidentally relevant to extract the provisions of section 4(1) of the land acquisition act as amended by karnataka act no. ..... has held that non-compliance under section 4(1) of the l.a.act [as amended by a.p. ..... , : air1992sc131 has pointed out that non-compliance under section 4(1) of the land acquisition act [as amended by a.p. ..... section 4(1) as amended by karnataka act no. .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(4)KCCR2566(D.B)
..... and regulation of mines and minerals in public interest and in tune of such legislative purpose, object and intention, section 11 of the mmdr act was amended by amendment act of 38 of 1999, to consider all the applications applied during the period specified in the notification notifying the area available for grant and ..... that the area granted under a single reconnaissance permit shall not exceed five thousand square kilometres; or(b) one or more mining leases covering a total area of more than ten square kilometres:provided that if the central government is of opinion that in the interests of the development of any mineral, it is necessary so to do, it may, for reasons to be recorded by it, in writing, permit any person ..... or mining operations regarding any research in mining or geology carried out by them;(o) the facilities to be afforded by person carrying out prospecting or mining operations to persons authorised by the central government for the purpose of undertaking research or training in(p) the procedure for and the manner of imposition of fines for the contravention of any of the rules framed under this section ..... and the same is liable to be dismissed as the petitioner has not exhausted efficacious alternative remedy of revision as provided under rule 54 of mc rules, before the central government;(ii) the state government issued notification notifying the area available for grant of lease as required under rule 59(1) of the mc rules on 15th march 2003 and all the .....
Tag this Judgment!Court : Karnataka
Reported in : 1998(4)KarLJ413
..... there is no provision made in the amending act to indicate repeal of the state law but application of article 254 is automatic to situations where it is applicable and by the operation of the article, the state act stood repealed and the central act became applicable. ..... - xxx xxxxxx'.the 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, and held:'the legislative entry for acquisition and requisitioning of property is entry 42 in list iii of the seventh schedule. ..... in fact in the notes submitted to this court that position appears to have been accepted'.after referring to various circumstances, the scheme of the central act, lumber of judgments on the point and the constitutional provisions, this court in kanaka gruha nirmana's case, supra, held:'it has to be noted that prior to 24-9-1984 the act was applicable to the whole of india except the territories which immediately before the 1st of november, 1956 were comprised in part 'b' states. ..... 17 of 1961, in view of the amendment introduced to the central act in the year 1984. ..... according to the amendment made under section 4 of the central act, the 'appropriate government' would include the deputy commissioner as well. ..... 33 of 1991 on various grounds including the ground that the state legislature had no jurisdiction to enact that law which sought to amend the central act no. .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(3)KCCR2199
..... while deciding the said case, the division bench of this court, meticulously analysed the relevant provisions of the bangalore development authority act, 1976 (the state act) and the land acquisition act, 1894 (central act), as amended by the amending act, 1984, and held as follows:.the two sets of provisions under sections 4, 5a and 6 of the l.a. ..... , case (supra) to exclude the applicability of sections 6 and 11-a as amended and inserted by the central amendment act of 1984 to proceedings under the b.d.a. ..... act, expressly provides by specifically enacting the circumstances under which and the period of time on the expiry of which alone the proceedings initiated thereunder shall lapse due to any default, the different circumstances and period of limitation envisaged under the central act, 1894, as amended by the amending act of 1984 for completing the proceedings on pain of letting them lapse forever, cannot be imported into consideration for purposes of b.d.a. ..... on an overall consideration of the entire situation also it could not either possibly or reasonably stated that the subsequent amendments to the central act get attracted or applied either due to any express provision or by necessary intendment or implication to acquisitions under the b.d.a. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2009KAR2589; 2009(6)KarLJ205
..... it is to be noted that by the consumer protection (amendment) act, 2002 (62 of 2002), as contained in section 23 of the amending act, the proviso which was struck down as unconstitutional by the high court has been omitted sub-section (2) has been introduced which provides that the district forum or the state commission or the national commission, as the case may be, shall have the power of a judicial magistrate of first class for the trial of offences under the act and on such conferment of powers ..... therefore, the petitioner has preferred this writ petition challenging the constitutional validity of section 27(2) and (3) of the consumer protection act, 1986 as amended by act 62/2002 and for setting aside the impugned orders.5. ..... procedure, 1973(2 of 1974), the district forum or the state commission or the national commission, as the case may be, shall have the power of a judicial magistrate of the first class for the trial of offences under this act, and an such conferment of powers, the district forum or the stale commission or the national commission, as the case may be, on whom the powers are so conferred, shall be deemed to be a judicial magistrate of the first class for the ..... by reason of the said statue, quasi-judicial authorities have been created at the district, state and central levels so as to enable a consumer to ventilate his grievances before a forum where justice can be done without any procedural wrangles and hyper-technicalities. .....
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