Court : Karnataka
Reported in : AIR1950Kant30; AIR1950Mys30
..... the order so provides the court trying such contravention may direct the property regarding which there is contravention to be forfeited. 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 expedient.. for maintaining supplies and services essential to the life of ..... do so which can at best be deemed only preparatory to contravention of article 17 food acquisition order. 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 legislation. the ..... by rules 75a 75b and 81, defence of india rules as applied to mysore and contained by the supplies, services and miscellaneous provisions (temporary powers) act, xx [20] of 1947. rule 75a provides for requisitioning of property, rule 75b for maintenance of food supplies and under rule 81(2). government so far as appears to it to be .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1951Kant26; AIR1951Mys26; ILR1951KAR192
..... 3. sri g. v. ramaohar, the learned advocate for the petitioner, mainly contended that while it is open under section 2, defence of india act, that?) 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 ..... article 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of india immediately before the commencement of the constitution shall continue in force therein until altered or repealed or amended by a competent legislature. the laws that existed before .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1951Kant72; AIR1951Mys72
..... ordinance is intra vires or ultra vires does not depend on considerations of jurisprudence or of policy, it depends simply on examining the language of the govt. of india act & of comparing the legislative authority conferred on the governor-general with the provisions of the ordinance by which he is purporting to exercise that authority. it may ..... capriciously, but upon inquiry, & renders judgment only after trial, so that every citizen shall hold his life, liberty, property & immunities under the protection of the general rules which govern society' ......'all men are equal before the law; 'this is a govt. of laws, & not ot men'; 'no man is above the law', are all maxims ..... 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. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant21; AIR1952Mys21; ILR1952KAR83
..... in the enactment, unless the government made it applicable to such essential services as in their opinion is essential for defence of india etc., the labour act would be applicable. the government made the essential services (maintenance) act applicable to the mysore iron & steel works ..... the essential services (maintenance) act enacted later than the labour act has superseded the latter act. it is so as the essential services (maintenance) act is a special enactment compared to the labour act which is comparatively speaking a general enactment. essential services (maintenance) act is a special enactment intended to enable the government to secure employment es-sential for the defence of india and other purposes mentioned .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant47; AIR1952Mys47; ILR1952KAR151; (1953)31MysLJ70
..... enough has been said to show that in this case the lower courts were not right in having failed to give relief under the impression that section 19, limitation act is not applicable. the appeal is therefore allowed; the orders of the courts below are set aside. the application under order 21, rule 90, civil procedure code is allowed ..... sale, even prior to the sale. auction purchaser comes into the 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. usually the fraud practised by decree-holder in the publication and ..... the application is the fraud of decree-holder rather than that of the purchaser. it has to be remembered that, as already stated, section 18 of the limitation act postpones the starting point of limitation. it ceases to be applicable the moment limitation begins to run. is the fraud that keeps the applicant from knowledge of his right .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant103; AIR1952Mys103
..... 1880 and that section and section 2 shall extend to the whole of british india which of course would now mean the indian union. the rest of act. however, is to come into effect only in certain territories specified in that section but any other provincial government may from time to time by notification in the official gazette, extend all or ..... other high courts as the president may by notification in the gazette of india declare to be the high courts to which the act applies. under sub-section (3), section 1, and sections 2, 17, 18 and 19 shall then come into force at once and the provincial government may by notification in the official gazette direct that the other provisions of ..... 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. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant94; AIR1952Mys94
..... prevail in certain circumstances though the federal legislature has power to legislate with respect to the same matter. there is nothing in clause (2) of the government of india act, 1935 which says that the federal law shall prevail without further legislation by federal legislature. it is clause (1) of section 107 that states that ..... but nevertheless the federal legislature ' may at any time enact further legislation with respect to the same matter.'clause (1) of section 107 of the government of india act does not find a place in the instrument of accession and viewed from that point, the existing indian law cannot prevail over the existing state law ..... but, nevertheless, the dominion legislature may at any time enact further legislation with respect to the same matter.' list iii of schedule vii to the government of india act contains subjects in which the provincial and the federal legislatures have concurrent power to make laws. the indian civil procedure code is subject no. 4 in part i .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant69; AIR1952Mys69
..... lessened on account of the court in the foreign state being competent to pass it under the law governing it.20. there is no reference in the decisions relied upon to article 261 of the constitution of india which expressly provides for the execution of decrees passed in courts within the union and it is not ..... cannot be challenged, controlled or interfered within municipal courts' states:'.... municipal courts may have to consider the results of acts of state, i.e., their effects on the rights of individuals and even of the government itself.'as has been held in regard to a judgment of the high court of hyderabad passed prior to the constitution ..... reason why this rule of interpretation should not be applied for the purpose of interpreting our constitution .......... it has no retrospective effect and if therefore an act was done before the commencement of the constitution in contravention of the provisions of any law which after the constitution becomes void with respect to the exercise of .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant127; AIR1952Mys127
..... 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. ..... societies and his assistants, the advocate-general was notified and he has also addressed arguments. he has brought to my notice section 65 of the mysore co-operative societies act, no. lii of 1948, and urged that whatever may have been the rulings of this court or other courts with regard to the article of limitation applicable to such ..... 43 (c) of the mysore co-operative societies act, vii of 1918. but in view of section 65 of the more recent co-operative societies act .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant73; AIR1953Mys73
..... 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. station income-tax authorities for the year in question has row become payable to the government ..... 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 .....
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