Judgment Search Results Home > Cases Phrase: government of india act 1833 repealed Court: karnataka Page 1 of about 7 results (0.028 seconds)

Anthappa (Deceased) by His Testamentary L.Rs Vs. Distinappa Alias Subb ...

Court : Karnataka

Reported in : AIR2006Kant60; ILR2006KAR1576; 2006(1)KarLJ270

..... ratio laid down in abraham's case was held to be no longer good law after the enactment of the 1865 act and it is held that a hindu converted to christianity has no right to claim that he is governed by hindu law of inheritance, but necessarily as noted above, the notification issued by the governor general in council during july 1868 has been recognised in 1925 act by a specific provision under section 3(3) exempting the native christians of the province of mysore as it stood then ..... section 24 of the general clauses act, when the earlier act is repealed and the act is re-enacted, any notification issued under the repealed act shall continue in force and be deemed to have been made or issued under the provisions of the new act unless there is an express provision in the new enactment repealing the same or else the notification is inconsistent with the new enactment or superseded by any notification issued under the provisions of the new act. ..... contra, learned counsel appearing for the respondent submitted that as per section 29(2) of the indian succession act, 1925 and section 24 of the general clauses act, 1897 there is a deemed extension of all regulations unless, by express terms, the same has been repealed and section 3 of the 1925 act has not expressly repealed the application of the notification, as such, there is a deemed extension and unless there is an express repeal, the old hindu custom applies to the native christians. ..... till 1833 east india company had no power to make .....

Shankaragouda Vs. Sirur Veerabhadrappa

Court : Karnataka

Reported in : AIR1963Mys81; ILR1960KAR766

..... the preamble to that act reads:-'whereas it is expedient to repeal and re-enact with modifications the hydera-preamble.bad legislative assembly (prevention of disqualification) act, 1951 with a view to declare that certain offices of profit under the government of india or the government of any state should not, under certain conditions, disqualify, or be deemed to have disqualified the holders thereof for being chosen as, or for being, members of the hyderabad legislative assembly;' 52. ..... with, a view to declare certain offices of profit under the government of india or government of any state not to disqualify their holders for being chosen as or for being members of the hyderabad legislative assembly.thus the statutory right enjoyed under the said act by the residents of the hyderabad state in view of the provisions of act xviii of 1955 remain intact and continue to be enjoyed by the residents of the territories to which they belong, when they have formed part of the ..... but, an elector, though eligible for election under the provisions of the representation of the people act, stands disqualified if he holds an office of profit, whether he holds such office under the government of india or under the government of a state.58. .....

J. Venkatesh Reddy and Others Vs. The State of Karnataka, Represented ...

Court : Karnataka

..... it is contended that it is not open for the state government to acquire lands for industrial areas under the state act, especially for the establishment of nimz, which is the concept under the nmp of the government of india. ..... without prejudice to the submission that the acquisitions are under the kiad act, the application of section 24 of the 2013 act is as under: section 24 of the 2013 act, deals with the acquisition proceedings that are under process as on 01.01.2013, that is coming into force of the 2013 act and the repealing of the 1894 act. ..... contained in this act, in any case of land acquisition proceedings initiated under the land acquisition act, 1894 (1 of 1894),- (a) where no award under section 11 of the said land acquisition act has been made, then, all provisions of this act relating to the determination of compensation shall apply; or (b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said land acquisition act, as if the said act has not been repealed. ..... when the entire provisions of the land acquisition act, 1894 is repealed, what is saved under section 6 of the general clauses act is only the rights under section 24(2). ..... therefore, kiad act hitherto was supplemented by the land acquisition act, 1894, based on this analogy, there is no reason not to apply the 2013 act in place of the repealed statute in view of section 8 of the general clauses act, 1897. .....

J Venkatesh Reddy Vs. The State of Karnataka

Court : Karnataka

..... it is contended that it is not open for the state government to acquire lands for industrial areas under the state act, especially for the establishment of nimz, which is the concept under the nmp of the government of india. ..... without prejudice to the submission that the acquisitions are under the kiad act, the application of section 24 of the 2013 act is as under: section 24 of the 2013 act, deals with the acquisition proceedings that are under process as on 01.01.2013, that is coming into force of the 2013 act and the repealing of the 1894 act. ..... in this act, in any case of land acquisition proceedings initiated under the land acquisition act, 1894 (1 of 1894),- (a) where no award under section 11 of the said land acquisition act has been made, then, all provisions of this act relating to the determination of compensation shall apply; or 209 (b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said land acquisition act, as if the said act has not been repealed. ..... when the entire provisions of the land acquisition act, 1894 is repealed, what is saved under section 6 of the general clauses act is only the rights under section 24(2). ..... therefore, kiad act hitherto was supplemented by the land acquisition act, 1894, based on this analogy, there is no reason not to apply the 2013 act in place of the repealed statute in view of section 8 of the general clauses act, 1897. .....

Capt Chethan Y K (retd) Vs. Union Of India

Court : Karnataka

..... as under; new delhi, the 26th december 1966 s.o.3979 in exercise of the powers conferred by section 41 of the arms act, 1959 (54 of 1959), the central government hereby makes the following further amendment in the notification of the government of india in the ministry of home affairs no.s.o.1920 dated the 6th july, 1963, published in the gazette of india, part ii, section 3, sub-section (ii) dated the 13th july, 1963, namely: - 4 0 - 40 - amendment ..... considering the views of the stakeholders, including the grievances made by the petitioners in this writ petition, an appropriate decision shall be taken by the government of india on the question of reviewing of the notification dated 26th december 1966 within a period of eight weeks from today; (iii) a copy of the decision taken by the government of india shall be furnished to the petitioner; 4 3 - 43 - (iv) the decision to be communicated to the petitioner within a period of nine ..... court, who is an ex-army officer, resident of galibeedu village of madikeri taluk in kodagu district, has filed the present petition being aggrieved by the notification issued by the government of india bearing no.so.3872(e), dated 29.10.2019 continuing the arms exemption granted to 'coorg/kodava race' and 'jamma tenure-holders' claiming it to be violative of articles, 14, 15 and ..... and exemptions were brought after the 1857 war and the british government enacted act no.31/1860, which was known as 'disarming act' repealing the earlier arms act, 28 of 1857. .....

H.R. Patel Vs. C.G. Venkatalakshamma and anr.

Court : Karnataka

Reported in : AIR1955Kant65; AIR1955Mys65

..... . that decision is of course based on the provisions of the government of india act and the powers of the various legislatures given under it ..... . it was-contended before the federal court that that act was void under section 107, clause (1), government of india act, to the extent it conflicted with section 37, indian contract act, or section 9, civil p. c ..... . the meaning of the expression 'administration of justice' has been the subject of discussion in : [1951]2scr51 (t), which was a case arising out of provisions similar to those of the government of india act, and mahajan j ..... . it contains provisions mostly analogous or similar to those in the letters patent of other high courts and the government of india act 1935 sections ..... . that act repealed certain rules of the government of india under which the court was then still functioning and received the assent of his highness the maharaja of mysore ..... . and would answer the reference by saying that the plaintiff's suit is really governed by clause (e) of section 4 (iv), court-fees act and that the plaintiff could have simply valued the relief sought and paid court-fee on the amount on which he valued it ..... . if the suit is regarded as one for declaration and consequent relief, it would be governed by section 4(iv)(c) of our court-fees act corresponding to section 7(iv)(c), madras court-fees act, and for purposes of limitation article 91 of schedule to the limitation act which prescribes, a period of three years .....

Sri S Hareesh Vs. The State of Karnataka

Court : Karnataka

..... of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this act: provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of ..... duly done or suffered thereunder; or (c) affect any right, privilege, obligation or liability acquired accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be ..... nestle india limited [2004 (6) scc465 held that promissory estoppel is a doctrine in equity found in a cause of action against the government and that it is to enforce a representation made by the government as a result of which a person would have changed his position to his disadvantage and seeks to enforce his ..... 6 scc766, the hon ble supreme has retraced the history of the doctrine of promissory estoppel through various cases in india, while at the same time quoting the decision of the australian high court in commonwealth of australia vs. .....

M/S Evershine Monuments Vs. The State of Karnataka

Court : Karnataka

..... possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this act: provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the ..... anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation or liability acquired accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any - 88 - offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or ..... karunakar, advocate for r-2 & r-3) ***** this writ petition is filed under articles226and227of the constitution of india praying to declare the preliminary notification dated1909.1977 issued for formation of layout called byrasandra thavarekere madiwala scheme issued under sec.17(1) of the bda act, (bda act for short) at annex-a and the final declaration dated0702.1978 issued under sec.19(1) of the bda act as found at annex-b as lapsed in so far as the petitioner's land is concerned as the bda .....

The Housing Commissioner Karnataka Housing Board Vs. The State of Karn ...

Court : Karnataka

..... in order to clarify the statutory provisions of the act, 2013 with respect to such lapsing, the government of india, ministry of urban development, delhi division, came up with a circular dated 14.03.2014 wherein on the basis of the legal opinion of the solicitor general of india, it has been clarified as under: 3. ..... anything contained in this act, in any case of land acquisition proceedings initiated under the land acquisition act, 1894: (a) where no award under section 11 of the said land acquisition act has been made, then, all provisions of this act relating to the determination of compensation shall apply; or (b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said land acquisition act, as if the said act has not been repealed. ..... act, 1894, are saved by virtue of sub-section (2) of 25 the said sec.114, wherein it is said that `save as otherwise provided in this act, the repeal under sub- section (1) shall not be held to prejudice or affect the general application of sec.6 of the general clauses act, 1897 (10 of 1897) with regard to the effect of repeals. ..... there is no merit in the contention of the learned counsel for the board that although sec.114(1) repeals the l.a.act, 1894, but, proceedings initiated under the l.a. ..... 11 of the said act has also been made, then such proceedings shall continue under the provisions of the act no.1 of 1894, as if the said act has not been repealed.21. .....

John B. James and Others Vs. Bangalore Development Authority and Anoth ...

Court : Karnataka

Reported in : ILR2000KAR4134; 2001(1)KarLJ364

..... now, by the proviso to article 254(2) the constitution has enlarged the powers of parliament, and under that proviso, parliament can do what the central legislature could not under section 107(2) of the government of india act, and enact a law adding to, amending, varying or repealing a law of the state, when it relates to a matter mentioned in the concurrent list. ..... of the provincial legislature, in a situation similar to that under section 107(2) of the government of india act, it was observed by lord watson in 'attorney-general for ontario v attorney-general for the dominion', 1896 ac 348 (a), that though a law enacted by the parliament of canada and within its competence would override provincial legislation covering the same field, the dominion parliament had no authority conferred upon it under the constitution to enact a statute repealing directly any provincial statute. ..... having regard to the scheme of the government of india act, there was a doubt as to whether dominion legislature referred to could make a law repealing a provincial statute. .....