Court : Karnataka
Reported in : AIR1996Kant386
..... than the courts to remedy the defect.'15. coming to the present case, neither the scheme under the act nor the phraseology of sections 28 suggests any causes omissus. the suggestion of digging out ..... : 13 er 582 (h), aid the legislature's defective phrasing of an act or add and amend or, by construction, make up deficiencies which are left in the act. even where there is casus omissus, it is, as said by lord russell of 'killowen in hansraj gupta v, dehra dun-mussoorie electric tramway co. ltd., air 1933 pc 63(i), for others ..... (s.o. no. 545)dated 29-5-1995 which reads thus: 'in exercise of the powers conferred by section 11a of the karnataka tax on entry of goods act, 1979 (karnataka act 27 of 1979), the government of karnataka being of the opinion that it is necessary in public interest so to do, hereby exempts with effect from the first day .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR3518
..... however, the learned counsel for the petitioner has placed reliance on certain observations made in the decision of the privy council in hansraj gupta and ors. v. dehra dun mussorie electric tramway co. ltd. and also of the supreme court in new delhi municipal committee v. kalu ram and anr. : air1976sc1637 in hansraj's case ..... question raised in this writ petition.8. dalip singh v. rajasthan state electricity board, jaipur and ors . fell under provisions of the electricity (supply) (amendment) act, 1966. therefore, it was held that the limitation prescribed therein was applicable. thus in the instant case, this decision is also of no assistance to the petitioner. ..... 40p. from the petitioner as demanded under the aforesaid bill annexure-j.2. the petitioner is a co-operative society registered under the karnataka co-operative societies act,1959. it is a co-operative spinning mill situated at banahatti, jamkhandi taluk, bijapur district.3. having regard to the contentions urged on both sides, .....
Tag this Judgment!Court : Karnataka
Reported in : IV(2005)BC310; [2005]126CompCas522(Kar); [2006]65SCL76(Kar)
..... has relied on the following further decisions jitendra narottamdas sheth v. indradeep co-operative housing society ltd., air 1993 bom 302 and hansraj v. official liquidator, dehra dun mussoorie electric tramway co. ltd. : air1929all353 .14. sri narayan bhat, learned counsel appearing for the workmen submits that the workmen having notified their claims before ..... such rights in the light of the competing claims of various secured creditors including the workmen on whose behalf the official liquidator himself is required to act and safeguard their interest.30. though a secured creditor who has not notified his claim before the official liquidator within the time allowed by the ..... exclusive jurisdiction of the debt recovery tribunal (tribunal, for short), functioning under the provisions of the recovery of debts due to banks and financial institutions act, 1993. pendency of proceedings before the winding up court and an order by the company court to wind up the affairs of the company which owes .....
Tag this Judgment!Court : Karnataka
Reported in : [1992]85STC168(Kar)
..... 6 moo pc 1, aid the legislature's defective phrasing of an act or add and amend or, by construction, make up deficiencies which are left in the act. even where there is casus omissus, it is, as said by lord russell of killowen in hansraj gupta v. dehra dun mussoorie electric tramway co. ltd. , for others than the courts to ..... , or with reference to their particular uses or with reference to their prices. whenever, a corresponding exemption from the levy of tax under any provision of the act has to be granted, the legislature granted the exemption under section 8 by specifying those goods under the fifth schedule. section 8-a vests a similar power in ..... the assessing authority by its order dated may 22, 1987, held that the turnover of the petitioner pertaining to the low priced pens were exempted from taxation under the act, obviously because he opined that 'pens' were referred in the second schedule. we are not concerned with other aspects of the assessment orders here. this order was reopened .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR2673
..... recovery of a just debt, yet, the proceedings are not in the nature of a suit. in hansraj -v.- dehra dun m.e.t. co. the contention based on the explanation to section 3 of the limitation act, 1908, was this :'.... an argument however was addressed to their lordships, founded upon the explanation, to this effect : ..... sense that its assets are insufficient to meet its liabilities taking into account its contingent and prospective liabilities.as to the first kind of insolvency buckley on the companies act (xiv edition) says ;'commercial insolvency. the particular indications of insolvency mentioned in paras (a), (b) and (c) are all instances of commercial insolvency, that ..... to a winding-up order although his debt is adequately covered by the value of his security.(see page-677 f.n.)in buckley on the companies act the following passage occurs :'the section therefore did not introduce into winding-up the bankruptcy rules as to :............liability of secured creditor presenting petition to value .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant265; AIR1960Mys265
..... proceeding in that case was commenced after the 'act' came into force.(5) in the result, the appeal fails and the same is dismissed with costs.( ..... to try pending cases for restitution of conjugal rights was not ousted by the act. with respect i agree with that conclusion.(4) the learned counsel for the appellant tried to seek support from the decision in smt. balwant kunwar v. addl. munsiff dehra dun, : air1959all7 . but this decision is of no assistance to him as the ..... not the saving of pending proceedings but taking away the jurisdiction of the ordinary civil courts to decide pending proceedings.to repeat myself, no provision in the act has taken away the jurisdiction of the ordinary civil courts in the matter of pending proceedings. merely because the legislature omitted to include pending proceedings for .....
Tag this Judgment!Court : Karnataka
Reported in : [1983]54CompCas811(Kar)
..... ltd. . (2) the expression 'any claim' occurring in s. 446(2)(b) of the act should be interpreted as any claim enforceable at law. (3) the relevant date for computing the period of limitation ..... of the present claimant right to apply accrued on february 4, 1977. thus, the official liquidator had 3 years plus the maximum advantage of s. 458a of the act which would be the exclusion of 1 year plus another year and 4 months. thus, the official liquidator could have presented the application within five years and four months ..... 186 of the companies act, 1913) could be so exercised only if the 'money due' to the company was recoverable on the date of application in a suit and did not inside any money which was not so recoverable. (reliance was placed on the privy council decision in the case of hansraj gupta v. dehra dun mussourie electric tramway co. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR1892; 2004(3)KarLJ310
..... district in which, and if they have been executed on or after the date on which, act no. xvi of 1864, or the indian registration act, 1866 (20 of 1866), or the indian registration act, 1871 (8 of 1871), or the indian registration act, 1877 (3 of 1877), or this act came or comes into force, namely.--(b) other non-testamentary instruments which purport or operate to ..... made by a revenue officer; or(ix) any order granting a loan or instrument of collateral security granted under the land improvement act, 1871 (26 of 1871), or the land improvement loans act, 1883 (19 of 1883); or(x) any order granting a loan under the agriculturists loans act, 1884 (12 of 1884), or instrument for securing the repayment of a loan made under that .....
Tag this Judgment!Court : Karnataka
Reported in : 1976(1)KarLJ464
..... the suit was barred by limitation and acquired title by adverse pos-session. the suit was filed in 1920 after the plaintiff obtained the necessary certificate under the pensions act, 1871. it was held by the judicial committee of the privy council that article 120 applied to the claim so far as the malikana was concerned and that under the ..... rights of possession and management. it was held that since the office is not hereditary, the suit is governed by article 120 and not article 124 of the limitation act. in (1871) 6 mad hcr 301 (tainmirazu ramazogi v. pantina narsiah) the suit was filed to establish that the plaintiff had vested in him the right to the office of ..... pensions act, 1871, there is no right of action in respect of such a subject matter as the malikana unless and until a certificate under the act has been obtained. it was therefore held that the right to sue under article 120 of the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1963Mys278
..... a convenient form of procedure for the purpose of enabling the legal representatives to continue the proceeding in the place of the deceased applicant. what was done in (1871) 6 cp 480 and in (1907) 2 ir r 486, is what a regional transport authority could also do in a case of that description.14. ..... for permits and that department ceased to exist when the mysore state road transport corporation was constituted under the provisions of the mysore state road transport corporation act. this court pointed out that after the government road transport department was abolished and that department could no longer prosecute the applications made for permits, the ..... in that way by the secretary, the regional transport authority published those applications once again under the provisions of section 57 (3) of the motor vehicles act for the reason that the publication which had been previously made was a defective publication. this publication was followed up by a resolution of the regional transport .....
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