Court : Karnataka
Decided on : Apr-15-2005
Reported in : ILR2005KAR3710; 2005(4)KarLJ481
..... under the concurrent list is now well-settled. in a.s. krishna and ors. v. state of madras, : 1957crilj409 , after referring to section 107 of the government of india act, 1935, which is in terms similar to clause (1) of article 254, this court observed:'for this section to apply, two conditions must be fulfilled: (1) ..... subject-matter of the existing law might be in a different list under the constitution from the list under which it would have fallen under the government of india act, 1935. but after the constitution came into force an existing law could be amended or repealed only by the legislature which would be competent to ..... . the legislature of concerned state shall, by law, make provision for composition of the said committee. in this regard, section 503-b of kmc act stipulates that the government shall constitute metropolitan planning committee for the bangalore metropolitan area. as per the explanation of this provision, 'bangalore metropolitan area' means the area specified by .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-10-2005
Reported in : ILR2005KAR1605
..... and another decision in vijayakumar sharma though they are binding upon the state of karnataka under article 141 of the constitution of india?g) whether the state government was justified in repealing the kcca act, when it was enacted to discharge the directive principles of the state policy in compliance with the constitutional obligations as envisaged in ..... of contract carriage permits w.e.f 1.4.2003 by virtue of repeal of the kcca act and on the lines of liberalised policy of the government of india by enacting the m.v. act of 1988 by repealing m.v. act of 1939. it is contended by the learned counsel for private contract carriage permit holders petitioners ..... to grant permit is an exception, in view of the liberalised transport policy evolved by the union of india by enacting the above act. it is further claimed that the various schemes published by the state government in respect of notified routes of different pockets in the state are applicable only to stage carriage permits creating .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-09-2005
Reported in : ILR2005KAR5241; 2005(5)KarLJ481
..... of frequent occurrence. the evil grew from bad to worse. this necessitated enactment of several acts governing the management of temples and its endowments. in 1947 when india became independent the central acts, like, (i) the religious endowments act, 1863; (ii) the charitable endowments act, 1890; (iii) the charitable and religious trusts act, 1920, were in force in different regions of karnataka. in addition to these central ..... acts there were provincial acts, governing different parts of karnataka state like.--(i) the bombay public trusts act, 1950;(ii) the madras hindu .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-14-2005
Reported in : ILR2006KAR657
..... : air1999sc3923 , in which it is held that right to be governed by the act is not a right of an enduring nature. what is unaffected by repeal is a right acquired or accrued under the ..... is not an accrued right. in case of d.c. bhatia v. union of india reported in : (1995)1scc104 , it has been held that right of a statutory tenant to pay standard rent is a right to be governed by the act and if the legislature repeals the act or a part of it, the statutory tenant can do nothing about it. it is ..... a mere right and not a vested right. to the same effect is the judgment of this court in the case of thysseen stahl union gmbh v. steel authority of india ltd., reported in .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-23-2005
Reported in : AIR2006Kant60; ILR2006KAR1576; 2006(1)KarLJ270
..... case that during the relevant point of time i.e., when such a notification was issued exempting the application of the indian succession act, 1865 acting under section 332 by the governor general of india in council, hassan district was not part of the mysore province and hassan was included in the mysore province subsequently in the year ..... declaration and injunction. all the substantial questions of law were raised as to the application of the indian succession act, 1925 to the parties. according to the plaintiff, since they are native christians they are governed by the indian succession act, 1925. whereas, according to the defendant, there was a notification during the year 1868 insofar as mysore ..... of india and also not violative of the fundamental rights. although in kamawati's case the 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 .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-22-2005
Reported in : 2005(5)KarLJ377
..... revision petitions, the proceedings are to be continued in the light of the provisions of section 6 of the mysore general clauses act, 1899 and the proceedings continue to be governed by the 1961 act and are to be disposed of in accordance with such provisions of law.33. the result is the same even in writ petition ..... schedule.(2) chapters i and iv shall apply only to areas specified in the second schedule.(3) nothing contained in this act shall apply.- (a) to any premises belonging to.--(i) the state government or the central government or a local authority;(ii) a muzarai or religious or charitable institution;(iii) a wakf.70. repeal and savings.--(1) ..... submission placing reliance on this decision is that section 6 of the mysore general clauses act, 1899, is applicable to a situation of the present nature, inasmuch as, the situation is not governed by the provisions of section 70 of the 1999 act.25. learned counsel for the petitioners also seek to distinguish the decision of this court .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-12-2005
Reported in : [2005]142STC217(Kar)
..... notification. these explanations make a reference to the notification no. fd 239 csl 90(i) dated june 19, 1991 issued by the state government under section 8-a of the karnataka sales tax act, 1957, for the purpose of understanding the meaning of the expression 'a new industrial unit'; to exclude certain industrial units from the purview ..... to the assessee requires to be adopted, the learned senior counsel relies on the observation made by the apex court in the case of union of india v. onkar s. kanwar : 2002ecr275(sc) . these are the only submissions made by the learned senior counsel in aid of the relief sought in these revision ..... relied on the observations made by the apex court in the case of state of maharashtra v. madhavrao damodar patil : [1968]3scr712 , mahindra and mahindra ltd. v. union of india : [1979]2scr1038 and gauri shankar gaur v. state of u.p. : air1994sc169 .13. while submitting that, if two views are possible, the one view which is beneficial .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-22-2005
Reported in : (2007)7VST252(Karn)
..... aaa and actual passing of the order on december 1, 2004. the record does not indicate anything to accept the submissions of the learned additional government advocate that oral permission of the officers concerned had been sought for and obtained, though certain recording of the day-to-day developments since interception of ..... notified by a market committee or any such authority.2. the respondents had been put on notice, having entered appearance through ms. niloufer akbar, learned additional government advocate, appearing for the department, and have also filed statement of objections and additional statement of objections.3. submission of sri g.k. v. murthy, ..... government advocate submits that the power has been exercised as it was warranted in the case ; that on verification it has been found that the goods, in fact, had been undervalued to the extent of 50 to 60 per cent ; that in itself shows not only justification but the necessity for exercising the power ; that the officers had acted .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-03-2005
Reported in : 2005(6)KarLJ467
..... which had taken place in violation of the terms of the grant prior to the act coming into force and after the act had come into force in violation of section 4(2) of the act, i.e., without prior permission from the government. the act mandates that once a transaction is invalidated, it is the duty of the authorities ..... such possession is without interruption, hindrance adverse to the interest of the transferor, as also the government, for a continuous period of 30 years even before the act came into force and not otherwise. the land undisputedly was owned by the government and had been granted subject to various conditions; that such a grant amounted to a limited transfer ..... and the government continued to retain interest for resumption etc., and therefore the plea of adverse possession is made good only if such enjoyment is for a continuous duration of 30 years or more even before the act came into force. once the act has come into force, in view of the .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-03-2005
Reported in : 2005CriLJ2996; 2005(102)ECC493; 2005(6)KarLJ154
..... marriage. the petitioner married one pakeerathan alias ravi in the year 1990 and who died on 3-2-1997.3. by order of the government of india dt. 30-9-1997 one manivannan mahadevan alias ruben was ordered to be detained under the prevention of illicit traffic in narcotic drugs and psychotropic substances ..... the property which is acquired out of drug trafficking business but not the properties acquired out of separate income. under the guise of exercising powers under the act, the authority is not expected to forfeit the apartment constructed by the petitioner by utilising the advances received from various intending purchasers. it was incumbent upon the ..... or obtained from the activities attributable to illicit traffic in narcotic drugs and the properties were forfeited free from all encumbrances under section 68-f of the ndps act and she was also called upon to surrender possession thereof to the investigating officer attached to the competent authority within a period of thirty days from the .....
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