Judgment Search Results Home > Cases Phrase: general clauses act 1897 section 27 meaning of service by post Court: karnataka dharwad Page 1 of about 10 results (0.140 seconds)

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

Court : Karnataka Dharwad

Reported in : 2012(3)KCCR77(SN)

..... while there is an agreement between the parties and while there is also an arbitration clause, the parties having expressly agreed, in fact not to go before an arbitrator in respect of certain types of disputes and the dispute as raised by the petitioner-contractor in the opinion of the general manager coming within the scope of an excepted matter, meaning, thereby there is no agreement between the parties to go before an arbitrator for ..... 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 " ..... opinion that a dispute of the nature as has arisen in this case is not provided for being referred to arbitration under the terms of agreement, cannot be referred to arbitration through a petition u/s 11 of the act, of which is existence of an agreement providing containing the clause for referring the matter to the arbitrator or not when the clause is not referring to the arbitrator. ..... (prayer: this petition is filed under sec.11(6) of the arbitration and conciliation act, 1996, praying to a fit person be selected as sole arbitrator for arbitrating the controversies/ disputes emerging from the agreement vide annexure a1 .....

Shivaji Vittal Rao Chauhan Vs. Bahubali Devagouda Naslapuare

Court : Karnataka Dharwad

..... by 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 relief ..... the 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. ..... the learned 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 respondent was initially placed under suspension and subsequently allowed to retire from service on attaining the age of superannuation. .....

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. .....

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. ..... day; or (d) affect any duty, tax, surcharge, fine, penalty, interest as are due or may become due or any forfeiture or punishment incurred or inflicted in respect of any offence or violation committed against the provisions of the amended act or repealed acts; or (e) affect any investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and any other legal proceedings or recovery of arrears or remedy in respect of any such duty, tax, surcharge, penalty, fine, interest, right ..... the case of the petitioners is that, the purpose of gst is to consolidate and levy indirect taxes insofar as it relates to the goods and services which are covered in it and tobacco and tobacco products being subjected to gst, the respondents ought not to have imposed excise duty or nccd any more on tobacco and tobacco products. ..... no.101916/2021: between: ghodawat industries india private limited, having office at kotagondhunshi, post adargunchi, kundagol cross, bangalore road, hubballi, dharwad district-580028, rep. ..... in this schedule, sub-heading and chapter mean respectively a heading, sub-heading and chapter in the first schedule to the central excise tariff act.2. .....

Somappa S/O. Mallappa @ Madivalappa Yakkundi, Vs. Imamsab S/O. Fakrusa ...

Court : Karnataka Dharwad

..... at this juncture, it would be beneficial to refer to section 13 of the general clauses act, 1897, wherein it provides that in all central acts and regulations, unless there is anything repugnant in the subject or context, i) xxxx ii) words in the singular shall include the plural and vice ..... in terms of section 13 of the general clauses act, 1897, referred to above, it can be held that the owner or his authorised representative shall include the owners or his ..... of liability-(1) in order to comply with the requirements of this chapter, a policy of insurance must be a policy which- (a) xxxx xxxx xxxx (b) insures the person or classes of persons specified in the policy to the extent specified in sub-section(2)- (i) against any liability which may be incurred by him in respect of the death of or bodily injury to any person, including any person, including owner of the goods or his authorised representative carried in the vehicle or damage to any property ..... then arises the question, how to determine the compensation payable or how to quantify the compensation since there is no means of ascertaining who out of the overloaded passengers constitute the passengers covered by the insurance policy as permitted to be carried by the permit ..... section 147 of the act is quite comprehensive in scope and meaning ..... it has to be given wider, effective and practical meaning so that the object 11 of the legislature enabling the owners of the goods to be covered under the statutory policy cannot be .....

Manjunath @ Scientist Manjaya S/o Vs. State Of Karnataka

Court : Karnataka Dharwad

..... of the word "person" has been given in section 3(42) of the general clauses act. ..... , the learned author has enunciated the same principle that the words of the statute are first understood in their natural, ordinary or popular sense and phrases and sentences are construed according to their grammatical meaning, unless that leads to some absurdity or unless there is something in the context or in the object of the statute to suggest the contrary (see the chapter the rule of literal construction p.78 9th ..... having regard to the scheme of the act and the context in which it has been used in the section it naturally means a human being or a living individual unit and not an ..... having regard to the scheme of the act and the context in which it has been used in the section it naturally means a human being or a living individual unit and not an ..... pavankumar reported in 2005 (4) scc350wherein while interpreting the word person it has been held that it would mean, a human being with proper coverings and clothing and also foot wear and apart from that a bag or briefcase or any such article or container can under no circumstances can be treated as a body of a ..... section 2(xxix) of the act says that the words and expressions used herein and not defined but defined in the code of criminal procedure have the meanings respectively assigned to them in ..... ramanatha aiyar: the expression 'person' is a noun according to grammar and it means a character represented as on the stage, a human being; a self-conscious .....

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. ..... day; or (d) affect any duty, tax, surcharge, fine, penalty, interest as are due or may become due or any forfeiture or punishment incurred or inflicted in respect of any offence or violation committed against the provisions of the amended act or repealed acts; or (e) affect any investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and any other legal proceedings or recovery of arrears or remedy in respect of any such duty, tax, surcharge, penalty, fine, interest, right ..... the case of the petitioners is that, the purpose of gst is to consolidate and levy indirect taxes insofar as it relates to the goods and services which are covered in it and tobacco and tobacco products being subjected to gst, the respondents ought not to have imposed excise duty or nccd any more on tobacco and tobacco products. ..... no.101916/2021: between: ghodawat industries india private limited, having office at kotagondhunshi, post adargunchi, kundagol cross, bangalore road, hubballi, dharwad district-580028, rep. ..... in this schedule, sub-heading and chapter mean respectively a heading, sub-heading and chapter in the first schedule to the central excise tariff act.2. .....

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. ..... day; or (d) affect any duty, tax, surcharge, fine, penalty, interest as are due or may become due or any forfeiture or punishment incurred or inflicted in respect of any offence or violation committed against the provisions of the amended act or repealed acts; or (e) affect any investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and any other legal proceedings or recovery of arrears or remedy in respect of any such duty, tax, surcharge, penalty, fine, interest, right ..... the case of the petitioners is that, the purpose of gst is to consolidate and levy indirect taxes insofar as it relates to the goods and services which are covered in it and tobacco and tobacco products being subjected to gst, the respondents ought not to have imposed excise duty or nccd any more on tobacco and tobacco products. ..... no.101916/2021: between: ghodawat industries india private limited, having office at kotagondhunshi, post adargunchi, kundagol cross, bangalore road, hubballi, dharwad district-580028, rep. ..... in this schedule, sub-heading and chapter mean respectively a heading, sub-heading and chapter in the first schedule to the central excise tariff act.2. .....

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. ..... day; or (d) affect any duty, tax, surcharge, fine, penalty, interest as are due or may become due or any forfeiture or punishment incurred or inflicted in respect of any offence or violation committed against the provisions of the amended act or repealed acts; or (e) affect any investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and any other legal proceedings or recovery of arrears or remedy in respect of any such duty, tax, surcharge, penalty, fine, interest, right ..... the case of the petitioners is that, the purpose of gst is to consolidate and levy indirect taxes insofar as it relates to the goods and services which are covered in it and tobacco and tobacco products being subjected to gst, the respondents ought not to have imposed excise duty or nccd any more on tobacco and tobacco products. ..... no.101916/2021: between: ghodawat industries india private limited, having office at kotagondhunshi, post adargunchi, kundagol cross, bangalore road, hubballi, dharwad district-580028, rep. ..... in this schedule, sub-heading and chapter mean respectively a heading, sub-heading and chapter in the first schedule to the central excise tariff act.2. .....