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 section 24 of the general clauses act, when the earlier act is repealed and the act is re-enacted, any notification issued under the repealed act shall continue in force and be deemed to have been made or issued under the provisions of the new act unless there is an express provision in the new enactment repealing the same or else the notification is inconsistent with the new enactment or superseded by any notification issued under the provisions of the new act.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general clauses act, 1897 there is a deemed extension of all regulations unless, by express terms, the same has been repealed and section 3 of the 1925 act has not expressly repealed the application of the notification, as such, there is a deemed extension and unless there is an express repeal, the old hindu custom applies to the native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 .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1950Kant30; AIR1950Mys30
..... according to section 2(1), defence of india act , government may by notification in the gazette make such rules as appear to it to be necessary or ..... not entitled to remove the bags of paddy outside the village without permits therefor as article 17 of the order prohibits movement or transport of food grains form the place to another except when it is for the purpose of government of when it is authorised by a permit or when the quantity of the grain is less than 10 seers in certain circumstances or the removal is from the land of the holder to his residence in the same village. ..... a view to show that consideration of rule 121 does not arises by reason of the food acquisition order being non-existent at the time sri krishnamurthy referred to a notification of government dated 24th november 1943 which states that:'.....notwithstanding the provisions of the articles of food acquisition (harvest) order, 1948, issued .... ..... it is urged that the defence of india act and the rules under the act ceased to be in force on the date of the offence and rule 121 is not saved from being ineffective by any express ..... they contended, there was no need for a permit as the paddy was intended to be taken the government depot for disposal and even otherwise they are not culpable as the order said to have been contravened is itself ultra ..... in the absence of specific words to show that the acquisition order was repealed or suspended from being effective, it is not reasonable to assume that it ceased to be in .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1951Kant26; AIR1951Mys26; ILR1951KAR192
..... of the bombay high court reported in in re, keshav madhav menon, : air1951bom188 where, in connection with a prosecution launched before the constitution came into force, for an offence punishable under the indian press act, it was held that the result of prosecution will not be affected by declaring the impugned law as being void under article 13(1) of the constitution. ..... 372 states that notwithstanding the repeal by the constitution of the enactments referred to in article 395, all the laws in force in the territory of india immediately before the commencement of the constitution shall continue in force therein until altered or repealed or amended by a competent ..... advocate for the petitioner, mainly contended that while it is open under section 2, defence of india act, that? ..... it was contended by the learned counsel for the petitioner that the constitution declares that all acts inconsistent therewith shall be void importing thereby that they are void and actions taken thereunder should automatically cease to have effect on the commencement of ..... ) the central government may make rules for certain purposes and that the rules may provide or empower any authority to make orders providing for all or any of the matters contained therein, the provincial governments are only authorised to make rules under rule 81 (2) for regulating or prohibiting the consumption of articles and things of any description whatsoever but cannot delegate the legislative authority to the executive to make any .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1951Kant72; AIR1951Mys72
..... that could be gathered with reference to the authorities quoted above are, that there is neither vested right to any particular form of trial or procedure, nor to a right of appeal; they being the creation of the statute should be governed by the statute with which a particular offender is tried; & the expression 'procedure established by law' means the law of the land having statutory origin.39. ..... the learned chief justice held on an examination of this words in articles 13, 367 & 395 that there is no difference between an act which is repealed & an act which is declared void, that section 6, general clauses act, applies to those laws which have become void on their becoming inconsistent with the provisions of part iii of the constitution & therefore the proceedings under the press act instituted prior to the constitution were not affect, ed by the provisions of the constitution. ..... the question therefore is as to how far pe binding cases are affected by the constitution & this has to be determined by the construction of article 13 which states,'all laws in force in the territory of india immediately before the commencement of this oonatltution, in so far as they are inconsistent with the provisions of this part shall, to the extent of such inconsistency be void. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant47; AIR1952Mys47; ILR1952KAR151; (1953)31MysLJ70
..... ; but in our opinion even in cases where the purchaser in a court sale is a bona fide purchaser for valuable consideration limitation for an application to set aside a sale runs under section 18 of the limitation act from the date on which the applicant came to know of the fraud practised by the decree-holder preventing the judgment-debtor from be-coming aware of the sale and consequently of his right to get it set aside. ..... where there was no jurisdiction to sell and the sale was therefore a nullity, 'bona fide' auction-purchasers must not be deprived of the benefit of the provisions of the limitation act under article 166 and article 12 and that it was inconsistent with the policy of the act to apply section 18 against them where they were not shown to be parties to the continuing influence of the fraud of the decree-holder. ..... picture after the date of sale and hence the fraud contemplated tinder section 18 of the limitation act read with order 21, rule 90, is the fraud practised by decree-holder and not the purchaser ..... srinivasiya has also urged that the benefit of section 18 of the limitation act can be availed of by the judgment-debtors as against the auction-purchaser even if he is not shown to he privy to or ..... , agreed observed: 'the question before us now is whether section 18 of the limitation act applies to the case when a person alleges the fraud, not of a decree-holder but of some other person, a party to the sale such as the auction purchaser here ....if the words of the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant103; AIR1952Mys103
..... by the extending act, sub-section (2) to section 1 of the bar councils act is extended to the whole of india, except the state of jammu and kashmir, and shall apply to every high court of part a states and of every part b states other than the state of jammu and kashmir and to such courts in part c states as the central government may declare by notification. ..... duly done or suffered thereunder, or (b) any right, privilege, obligation, or liability acquired, accrued or incurred under any law so repealed, or(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed, or(d) any investigation, legal proceedings 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 enforced, and any such ..... under section 6 of the extending act it is laid down that'if immediately before the appointed day, there is in force in any part b state any law corresponding to any of the acts or ordinances now extended to that state, that law shall, save as otherwise provided in the act, stand repealed. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant94; AIR1952Mys94
..... it is agreed that clause (1) of the instrument of accession declares accession of mysore state to the dominion of india: clause (3) accepts matters specified in the schedule thereto to the government of india act as matters in respect of which the dominion legislature may make laws for this state. ..... in this connection, it may be useful to examine section 107 of the government of india act, 1935, as the second proviso under consideration is substantially similar to clause (2) of section 107. ..... . it was urged that section 107 of the government of india act, 1935, a portion of which has been adopted in drafting the second instrument, of accession, may be read to understand the full scope of what is meant ..... of the adaptation of laws order, 1950 issued on 26th january 1950 which declares that the existing state law which immediately before the appointed day was a law in force in any province or part thereof, until repealed or amended by a competent legislature or other competent authority is in force subject to the adaptations directed in this order. ..... was no necessity either to refer or declare in respect of an existing state law to prevail in the adaptation order or in article 372 of the constitution, article 372 of the constitution also provides that all the laws in force in the territory of india immediately before the commencement of the constitution shall continue in force therein until altered or repealed or amended by a competent legislature or other competent authority. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant69; AIR1952Mys69
..... , privilege, obligation or liability accrued or incurred under any law so repealed, that section 13 of the code of civil procedure and the principles of international law were the only factors governing the recognition of such foreign decrees and that the introduction into mysore of the indian code of civil procedure act v of 1908 cannot operate retrospectively so as to render such decrees ..... so as to render it executable as that of a court in the 'territory of india'.as regards the vested rights under section 13 of the code of civil procedure to resist execution it was observed that these were of no avail when the prejudice is caused by act of state and change of status and not repeal of legislation.with great respect to the learned chief justice and the other learned judges ..... though the court which passed the decree and the court in which execution is applied for are situated in different states, both states are now within the territory of india (vide article 1), the parties are both citizens of india (vide article 5), neither is a 'foreign state' (vide article 367(3) ) and the meaning attached to 'foreign decree' in the old cases is changed so ..... reliance has been placed by the court below declares that final judgments or orders delivered or passed by civil courts in any part of the territory of india shall be capable of execution anywhere within that territory according to law cannot operate retrospectively so as to validate and render executable in mysore those otherwise in- .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant127; AIR1952Mys127
..... hcr 538' and '47 mys hcr 230', where it has been held that an application for execution in a civil court of a decision under the co-operative societies act is governed by article 181 and not by article 182 of the limitation act and is in time if preferred within three years from the date of the certificate of the registrar or deputy registrar under sec. ..... the section, a plain reading of the section would make the latter portion of the section completely superfluous as the earlier portion already provides for the exercise of the powers under the act for the recovery of any amount by the attachment or sale of any property and would include passing of orders or taking steps-in-aid.it is a well-known rule of interpretation of statutes ..... into force on 23-7-1948 and section 65 provides that the registrar or any person empowered by him in this behalf, shall be deemed, when exercising any powers under that act for the recovery of any amount by the attachment or by the sale of any property or when passing any orders on any application made to him for such recovery or ..... but in view of section 65 of the more recent co-operative societies act by which the earlier act has been repealed those decisions so far as they applied article 181 to the first application for execution in the civil court may continue to be fully binding on ..... therefore, unless the new statute expressly says so, if a remedy is already barred under the existing law it will not be revived by the amending or repealing act.but mr. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant73; AIR1953Mys73
..... venkataranga iyengar is that by an agreement or arrangement between the government of mysore and the income-tax department of the government of india which was enforced and authorized to administer the provisions either of the mysore income-tax act or the indian income-tax act which may be applicable to the assessment with which we are concerned in this case, the assessment leviable and payable to the c. & m. ..... mehta', air 1932 pc 232 (a), and to observations therein which are as follows :these considerations lead their lordships to the conclusion that under the indian act a person resident in british india carrying on business there and controlling transactions abroad in the course of such business is not by these mere facts liable to tax on the profits of such transactions. ..... taxes have been duly paid and that matter has, therefore, become final and concluded; that if we allow this reference and permit the indian income-tax authorities, who it must be deemed in this matter to be acting merely for and on behalf of and for the real and ultimate benefit of the government of mysore, the government of mysore will be allowed to collect further tax to which they are in no way entitled. ..... station income-tax authorities for the year in question has row become payable to the government of mysore; that the government of mysore income-tax authorities have duly and validly assessed to income-tax under the mysore income-tax act. .....
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