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Ghodawat Industries India Private Limited Vs. Union Of India

Court : Karnataka Dharwad

..... (3) the mention of the particular matters referred to in sub- sections (1) and (2) shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897 with regard to the effect of repeal.-. 18 - w.p. ..... issue a writ of mandamus or any other writ, order(s), directions, writ(s) declaring that the repeal and saving provision of section 174 of the central goods and service tax act, 2017, insofar as it seeks to save the operation of the central excise act, 1944, qua tobacco and tobacco products, as unconstitutional and bad in law; d. ..... to issue a writ of mandamus or any other writ, order(s), directions, writ(s) declaring that the repeal and saving provision of section 174 of the central goods and service tax act, 2017, insofar as it seeks to save the operation of the central excise act, 1944, qua tobacco and tobacco products, as unconstitutional and bad in law; d. ..... (2) the repeal of the said acts and the amendment of the finance act, 1994 (32 of 1994) (hereafter referred to as such amendment or amended act , as the case may be) to the extent mentioned in the sub-section (1) or section 173 shall not (a) revive anything not in force or existing at the time of such amendment or repeal; or - 17 - ..... declare the repeal and saving provision of section 174 of the central goods and service tax act, 2017, insofar as it seeks to save the operation of the central excise act, 1944, qua tobacco and tobacco products, as unconstitutional and bad in law.-. 13 - .....

Ghodawat Foods International Private Limited Vs. Union Of India

Court : Karnataka Dharwad

..... (3) the mention of the particular matters referred to in sub- sections (1) and (2) shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897 with regard to the effect of repeal.-. 18 - w.p. ..... issue a writ of mandamus or any other writ, order(s), directions, writ(s) declaring that the repeal and saving provision of section 174 of the central goods and service tax act, 2017, insofar as it seeks to save the operation of the central excise act, 1944, qua tobacco and tobacco products, as unconstitutional and bad in law; d. ..... to issue a writ of mandamus or any other writ, order(s), directions, writ(s) declaring that the repeal and saving provision of section 174 of the central goods and service tax act, 2017, insofar as it seeks to save the operation of the central excise act, 1944, qua tobacco and tobacco products, as unconstitutional and bad in law; d. ..... (2) the repeal of the said acts and the amendment of the finance act, 1994 (32 of 1994) (hereafter referred to as such amendment or amended act , as the case may be) to the extent mentioned in the sub-section (1) or section 173 shall not (a) revive anything not in force or existing at the time of such amendment or repeal; or - 17 - ..... declare the repeal and saving provision of section 174 of the central goods and service tax act, 2017, insofar as it seeks to save the operation of the central excise act, 1944, qua tobacco and tobacco products, as unconstitutional and bad in law.-. 13 - .....

M/s.h.i. Tamboli @ Sons Vs. Union Of India

Court : Karnataka Dharwad

..... (3) the mention of the particular matters referred to in sub- sections (1) and (2) shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897 with regard to the effect of repeal.-. 18 - w.p. ..... issue a writ of mandamus or any other writ, order(s), directions, writ(s) declaring that the repeal and saving provision of section 174 of the central goods and service tax act, 2017, insofar as it seeks to save the operation of the central excise act, 1944, qua tobacco and tobacco products, as unconstitutional and bad in law; d. ..... to issue a writ of mandamus or any other writ, order(s), directions, writ(s) declaring that the repeal and saving provision of section 174 of the central goods and service tax act, 2017, insofar as it seeks to save the operation of the central excise act, 1944, qua tobacco and tobacco products, as unconstitutional and bad in law; d. ..... (2) the repeal of the said acts and the amendment of the finance act, 1994 (32 of 1994) (hereafter referred to as such amendment or amended act , as the case may be) to the extent mentioned in the sub-section (1) or section 173 shall not (a) revive anything not in force or existing at the time of such amendment or repeal; or - 17 - ..... declare the repeal and saving provision of section 174 of the central goods and service tax act, 2017, insofar as it seeks to save the operation of the central excise act, 1944, qua tobacco and tobacco products, as unconstitutional and bad in law.-. 13 - .....

M/s.balajee Pouches Vs. Union Of India

Court : Karnataka Dharwad

..... (3) the mention of the particular matters referred to in sub- sections (1) and (2) shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897 with regard to the effect of repeal.-. 18 - w.p. ..... issue a writ of mandamus or any other writ, order(s), directions, writ(s) declaring that the repeal and saving provision of section 174 of the central goods and service tax act, 2017, insofar as it seeks to save the operation of the central excise act, 1944, qua tobacco and tobacco products, as unconstitutional and bad in law; d. ..... to issue a writ of mandamus or any other writ, order(s), directions, writ(s) declaring that the repeal and saving provision of section 174 of the central goods and service tax act, 2017, insofar as it seeks to save the operation of the central excise act, 1944, qua tobacco and tobacco products, as unconstitutional and bad in law; d. ..... (2) the repeal of the said acts and the amendment of the finance act, 1994 (32 of 1994) (hereafter referred to as such amendment or amended act , as the case may be) to the extent mentioned in the sub-section (1) or section 173 shall not (a) revive anything not in force or existing at the time of such amendment or repeal; or - 17 - ..... declare the repeal and saving provision of section 174 of the central goods and service tax act, 2017, insofar as it seeks to save the operation of the central excise act, 1944, qua tobacco and tobacco products, as unconstitutional and bad in law.-. 13 - .....

M/s. Rajnandini Foods Pvt. Ltd., Vs. Union Of India

Court : Karnataka Dharwad

..... (3) the mention of the particular matters referred to in sub- sections (1) and (2) shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897 with regard to the effect of repeal.-. 18 - w.p. ..... issue a writ of mandamus or any other writ, order(s), directions, writ(s) declaring that the repeal and saving provision of section 174 of the central goods and service tax act, 2017, insofar as it seeks to save the operation of the central excise act, 1944, qua tobacco and tobacco products, as unconstitutional and bad in law; d. ..... to issue a writ of mandamus or any other writ, order(s), directions, writ(s) declaring that the repeal and saving provision of section 174 of the central goods and service tax act, 2017, insofar as it seeks to save the operation of the central excise act, 1944, qua tobacco and tobacco products, as unconstitutional and bad in law; d. ..... (2) the repeal of the said acts and the amendment of the finance act, 1994 (32 of 1994) (hereafter referred to as such amendment or amended act , as the case may be) to the extent mentioned in the sub-section (1) or section 173 shall not (a) revive anything not in force or existing at the time of such amendment or repeal; or - 17 - ..... declare the repeal and saving provision of section 174 of the central goods and service tax act, 2017, insofar as it seeks to save the operation of the central excise act, 1944, qua tobacco and tobacco products, as unconstitutional and bad in law.-. 13 - .....

Ghodawat Packers Llp Vs. Union Of India

Court : Karnataka Dharwad

..... (3) the mention of the particular matters referred to in sub- sections (1) and (2) shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897 with regard to the effect of repeal.-. 18 - w.p. ..... issue a writ of mandamus or any other writ, order(s), directions, writ(s) declaring that the repeal and saving provision of section 174 of the central goods and service tax act, 2017, insofar as it seeks to save the operation of the central excise act, 1944, qua tobacco and tobacco products, as unconstitutional and bad in law; d. ..... to issue a writ of mandamus or any other writ, order(s), directions, writ(s) declaring that the repeal and saving provision of section 174 of the central goods and service tax act, 2017, insofar as it seeks to save the operation of the central excise act, 1944, qua tobacco and tobacco products, as unconstitutional and bad in law; d. ..... (2) the repeal of the said acts and the amendment of the finance act, 1994 (32 of 1994) (hereafter referred to as such amendment or amended act , as the case may be) to the extent mentioned in the sub-section (1) or section 173 shall not (a) revive anything not in force or existing at the time of such amendment or repeal; or - 17 - ..... declare the repeal and saving provision of section 174 of the central goods and service tax act, 2017, insofar as it seeks to save the operation of the central excise act, 1944, qua tobacco and tobacco products, as unconstitutional and bad in law.-. 13 - .....

V.G. Gokhale Vs. the Chief Engineer/Const./East, South Western Railway ...

Court : Karnataka Dharwad

Reported in : 2012(3)KCCR77(SN)

..... within 120 days after receipt of the contractor's representation make and notify decisions on all matters referred to by the contractor in writing provided that matters for which provision has been made in clauses 8, 18, 22(5), 39, 43(2), 45(a), 55, 55-a(5), 57, 57-a, 61(1), 61(2) and 62(1) to (xiii) (b) of the general conditions of contract or in any clause of the special conditions of contract shall be deemed as "excepted matters" (matters not arbitrable) and decisions of the railway authority, thereon shall be final and binding on the contractor; ..... from the scope of arbitration is left to the discretion of one of the contracting parties namely general manager of the railways and when once such an accepted nominated authority namely general manager has opined that the subject matter is within the scope of an "excepted matter" there is no clause for arbitration in respect of such matters and therefore in the absence of a clause for referring the dispute to arbitration in the agreement, the high court exercising jurisdiction u/s 11 of ..... 11 of the act, i find the petitioner has not made out a case to invoke the jurisdiction of this court u/s 11 of the act for directing the respondent to nominate an arbitrator and i find so for the simple reason that the situations covered by the clause 8, 18, 22(5), 39, 43(2), 45(a), 55, 55-a(5), 57, 57-a, 61(1), 61(2) and 62(1) to (xiii)(b) of the general conditions of contract and these are all expressly enumerated as "excepted matters" from .....

Shivaji Vittal Rao Chauhan Vs. Bahubali Devagouda Naslapuare

Court : Karnataka Dharwad

..... the postal authorities to the effect that it was duly served on the accused and that the same not having been produced did not weaken the case of the complainant, since there is a presumption under section 27 of the general clauses act, 1897, that notice was duly served on the respondent by virtue of the endorsement issued by the postal authorities. ..... of the criminal procedure code mandates that no court, when it has signed its judgment or final order disposing of a case shall alter or review the same except to correct a clerical or an arithmetical error and that this section is based on an acknowledged principle of law that once a matter is finally disposed of by a court, the said court in the absence of a specific statutory provision becomes functus officio and disentitled to entertain a fresh prayer for the same ..... facts of that case were that the respondent therein had been accused along with another for offences punishable under sections 120-b, 409,468,471 and 477 of the indian penal code, 1860 and section 13(1)(c) read with section 13(2) of the prevention of corruption act, 1988. ..... counsel would submit that this court having dismissed the earlier petition, by the present petitioner, there is a bar under section 362 of the code of criminal procedure, 1973 (hereinafter referred to as cr.p.c. ..... the high court of kerala seeking quashing of the criminal proceedings, on the ground that there was no sanction to prosecute him as required under section 122 of the kerala panchayat act. .....

Hanumanthappa S/o Ningappa Talawar Alias Walikar Since Deceased By His ...

Court : Karnataka Dharwad

..... discussion made above by the honorable apex court in the judgment referred supra, it is very clear that, after possession has been taken pursuant to a notification under section 17(1) the land is vested in the government, and the notification cannot be canceled under section 21 of the general clauses act, nor the notification can be withdrawn in exercise of powers under section 48 of the land acquisition act and hence contention of the learned aag cannot be accepted.27. ..... extracted paragraph no.8 of the said judgment, which reads as follows: after possession has been taken pursuant to a notification under section 17 (1) the land is vested in the government, and the notification cannot be cancelled under section 21 of the general clauses act, nor can the notification be withdrawn in - 38 - nc:2024. ..... , learned aag would vehemently conte that, though there is no provision under the act for de-notification, de-notified the same invoking general clauses act, particularly section 21, power ot issue, to include power to add to, amend, vary or rescind notifications, orders, rules or bye-laws, and powers are exercised under the general clauses act. ..... no.101473 of 2023 c/w wp no.104671 of 2023 center section 21 of the general clauses act, it is to be noted that, the citation relied upon by the petitioners counsel in satetendra parasad jain s case (supra), it is very clear that, once the possession taken under section 17(1), the government cannot withdraw from acquisition under section 48. .....

Ningappa S/o Mallappa Walikar Vs. The State Of Karnataka

Court : Karnataka Dharwad

..... discussion made above by the honorable apex court in the judgment referred supra, it is very clear that, after possession has been taken pursuant to a notification under section 17(1) the land is vested in the government, and the notification cannot be canceled under section 21 of the general clauses act, nor the notification can be withdrawn in exercise of powers under section 48 of the land acquisition act and hence contention of the learned aag cannot be accepted.27. ..... extracted paragraph no.8 of the said judgment, which reads as follows: after possession has been taken pursuant to a notification under section 17 (1) the land is vested in the government, and the notification cannot be cancelled under section 21 of the general clauses act, nor can the notification be withdrawn in - 38 - nc:2024. ..... , learned aag would vehemently conte that, though there is no provision under the act for de-notification, de-notified the same invoking general clauses act, particularly section 21, power ot issue, to include power to add to, amend, vary or rescind notifications, orders, rules or bye-laws, and powers are exercised under the general clauses act. ..... no.101473 of 2023 c/w wp no.104671 of 2023 center section 21 of the general clauses act, it is to be noted that, the citation relied upon by the petitioners counsel in satetendra parasad jain s case (supra), it is very clear that, once the possession taken under section 17(1), the government cannot withdraw from acquisition under section 48. .....