Array ( [0] => ..... possession, the averments of the plaint remain the same and the evidence on record remains the same. as the appellate court formed the considered view that the amendment in question is required to resolve the real controversy between the parties and as the petitioners are not. being put to any injustice thereof, it has allowed ..... s.a nos. 1405/2008 and 1406/2008 has attained the finality. this court has expressly reserved the liberty to the parties to file the applications for amendment of their respective pleadings. thereafter the first appellate court has to consider the question relating to the possession of the suit schedule property. pursuant to the ..... the question relating to the possession of the suit schedule property and the parties are also given the liberty to file necessary applications in this regard to amend the respective pleadings and thereafter, the lower appellate court shall dispose of the matter by recording its finding as regards the possession factor is concerned.4. ..... [1] => ..... air 1972 sc 2455, while considering the cure and infirmity as ruled by the judgment of the high court has observed thus:it would be thus appear that the amending act was intended to cure an infirmity as revealed by the judgment of the high court and to validate the past levy and collection of tax in respect of all ..... realisation of tax, which have taken place in pursuance of the earlier enactment which has been found by the court to be vitiated by an infirmity. such an amending and validating act in the very nature of things has a retrospective operation....moreover, the individual who claims that a vested right has arisen from the defect is seeking a windfall ..... for the petitioners in two of the writ petitions submits that it was not open for the state to come out with a notification at annexure-f amending the provisions of the taxation act, thus nullifying the decision of this court. he submits that even otherwise, the lacuna which was pointed out by this court while accepting the appeals ..... [2] => ..... produced any material to hold that he was suspecting her fidelity, do not justify the drawing of presumption under section 113-a of evidence act and to hold him guilty of the offence under section 306 of ipc. therefore, in my considered view, the trial court committed error in convicting the appellant -accused for the said offences. as such, the ..... further submitted that since the cruelty of the nature as defined under section 498-a is one of the ingredients of section 306 of ipc, presumption under section 113-a of the evidence act has to be drawn against the accused and therefore, conviction of the accused for the offence under section 306 also does not deserve to be ..... that, cruelty for the purpose of said section shall have same meaning as under section 498-a of ipc.17. from a careful reading of the above provisions of section 113-a of evidence act, it could be seen that the words 'having regard to all other circumstances of the case' used therein make it clear that before drawing the ..... [3] => ..... passed on by him to any other person:provided that where an application for refund has been made before the commencement of the central excise and customs laws (amendment) act, 1991, such applications shall be deemed to have been made under this sub-section and the same shall be dealt with in accordance with the provisions of ..... would get attracted and the question may merit examination only at that stage and not at the stage of a provisional assessment under section 18 of the customs act and therefore, the question itself is a contradiction. unless it had been ascertained that there was finalisation of the assessment, answering the question in the affirmative may ..... a provisional assessment under section 18 and after finalisation of the assessment for own consumption of the goods etc. an application under section 27 of the customs act, if it is within time as specified in the section and in such circumstance, the question would limit as to whether an application under section 27 results ..... [4] => ..... that the point that arose for determination by the court in the writ petitions was as to whether the provisions of section 11(2) of the mmdr act as amended by amendment act no. 38 of 1999, which has come into effect from 18.12.1999, is prospective and it would take away the right of the preferential right ..... the state government has preferred w.a. no. 1438/2007 and connected appeals contending that in view of the proviso to section 11(2) of the mmdr act ,as amended by amendment act no. 38 of 1999, writ petitioners would not be entitled to premium or preference in consideration of their application before consideration of applications received pursuant to the ..... applications, would have preferential right over the applicants, who had filed applications subsequently.18.2. in view of proviso to section 11(2) of the mmdr act as per amendment act no. 38/1999, which has come into effect from 18.12.1999, once the notification has been issued, the applicants would lose their preferential right and ..... [5] => ..... been received on the same day for the purpose of priority and no preferential treatment can be given to the applications filed prior to amendment of section 11(2) of mmdr act in 1999.9.2. the scrutiny of the material on record would clearly show that in both the writ petitions, petitioner's application ..... the committee appointed by the central government pursuant to the directions to the high court of orissa, consisting of senior officers from the ministry of mines, the indian bureau of mines and the geological survey of india, that the national mineral policy having been tabled before both the houses of parliament, is a guiding factor ..... opportunity to comment on such reasons. 16. it may be indicated here that the doctrine of 'legitimate expectation' imposes in essence a duty on public authority to act fairly by taking into consideration all relevant factors relating to such 'legitimate expectation'. within the conspectus of fair dealing in case of 'legitimate expectation', the reasonable ..... [6] => ..... wherein the terms of reference included the examination of the fundamental principles of criminal jurisprudence and to see if any modifications or amendments are required thereof; whether there is need to re-do the criminal procedure code, indian penal code and the evidence act, to bring them in tune with the demand of the times and in harmony with the aspirations of the people of ..... [7] => ..... outraged, is sufficient to constitute the offence without any deliberate intention having such outrage alone for its object. as indicated above, the word 'modesty' is not defined in ipc. the shorter oxford dictionary (third edn.) defines the word 'modesty' in relation to woman as follows:decorous in manner and conduct; not forward or lowe; shame-fast; ..... learned counsel for the accused-appellant contends that the trial court committed serious error in convicting him for the offence under section 376 read with section 511 ipc holding that the accused attempted to commit rape on the victim girl inasmuch as the victim girl has not stated in her evidence that the accused made ..... is clear that there was no attempt by the accused herein to commit forcible sexual intercourse on the girl and his act of putting his finger into her vagina constitutes an offence under section 354 ipc.10. learned counsel for the appellant-accused has relied upon the decision of the hon'ble supreme court in aman kumar ..... [8] => ..... begin to run in computing the period of five years from the date of incorporation of the amendment, namely, the proviso to section 22 which has come into force with effect from 13.12.2000, in terms of the companies amendment act, 2000 and therefore, the period of five years would expire on or before 12.12.2005 ..... (see: s.s. gadgil v. lal and co. : air 1965 sc 171).it would be useful to extract the unamended section 22 of the companies act, as well as the amended section 22 , for a better understanding of the rival contentions of the parties.unamended section 22 rectification of name of company - (1) if through inadvertence, or ..... satya deo gupta : air 1963 sc 44917. power control appliances and ors v. sumeet machines private limited : (1994) 2 scc 44818. bharathiya coffee workers catering service private limited v. indian coffee workers co-operative society limited (1999) (19) ptc 431 (ker) 19. j.r. kappor v. micronix india : 1994 suppl. (3) scc 21520. vishnudas trading v. vishnudas ..... [9] => ..... castes in other states and only after their admission, the present writ petition is filed. after filing the present writ petition, an application is filed seeking amendment of the writ petition challenging their selection and admission as well. nearly two months have lapsed since the admission is made. as rightly contended by sri aditya ..... and scheduled tribes hailing from different states on the ground that the institution is of national importance. he gives the examples of several institutions such as indian institute of technology, military academy at dehradun and others in this connection.9. it is his further contention that being fully aware of the nature of ..... he invites the attention of the court to the preamble to the statute which establishes the 2nd respondent-university namely the national law school of india act, 1986 (karnataka act no. 22/1986), to highlight the fact that it was the bar council of india trust which was instrumental in establishing the 2nd respondent-university ..... ) Indian Boilers Amendment Act 2007 Section 10 Amendment of Section 9 - Sortby Old - Court Karnataka - Year 2009 - Page 8 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 10 amendment of section 9 Sorted by: old Court: karnataka Year: 2009 Page 8 of about 100 results (0.152 seconds)

Aug 19 2009 (HC)

Rangamma W/O Subbaiah and Smt. Lakskmamma W/O Nagarju Vs. Mahadeva S/O ...

Court : Karnataka

Decided on : Aug-19-2009

..... possession, the averments of the plaint remain the same and the evidence on record remains the same. as the appellate court formed the considered view that the amendment in question is required to resolve the real controversy between the parties and as the petitioners are not. being put to any injustice thereof, it has allowed ..... s.a nos. 1405/2008 and 1406/2008 has attained the finality. this court has expressly reserved the liberty to the parties to file the applications for amendment of their respective pleadings. thereafter the first appellate court has to consider the question relating to the possession of the suit schedule property. pursuant to the ..... the question relating to the possession of the suit schedule property and the parties are also given the liberty to file necessary applications in this regard to amend the respective pleadings and thereafter, the lower appellate court shall dispose of the matter by recording its finding as regards the possession factor is concerned.4. .....

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Aug 21 2009 (HC)

Hmt Ltd. Rep. by Its Manager (Transport), Mr. B.A. Umesh Vs. the State ...

Court : Karnataka

Decided on : Aug-21-2009

Reported in : ILR2009(4)Kar4483

..... air 1972 sc 2455, while considering the cure and infirmity as ruled by the judgment of the high court has observed thus:it would be thus appear that the amending act was intended to cure an infirmity as revealed by the judgment of the high court and to validate the past levy and collection of tax in respect of all ..... realisation of tax, which have taken place in pursuance of the earlier enactment which has been found by the court to be vitiated by an infirmity. such an amending and validating act in the very nature of things has a retrospective operation....moreover, the individual who claims that a vested right has arisen from the defect is seeking a windfall ..... for the petitioners in two of the writ petitions submits that it was not open for the state to come out with a notification at annexure-f amending the provisions of the taxation act, thus nullifying the decision of this court. he submits that even otherwise, the lacuna which was pointed out by this court while accepting the appeals .....

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Aug 24 2009 (HC)

Subbanna S/O Late Rangaiah Vs. State by Banavalu Police Rep. by Spp

Court : Karnataka

Decided on : Aug-24-2009

..... produced any material to hold that he was suspecting her fidelity, do not justify the drawing of presumption under section 113-a of evidence act and to hold him guilty of the offence under section 306 of ipc. therefore, in my considered view, the trial court committed error in convicting the appellant -accused for the said offences. as such, the ..... further submitted that since the cruelty of the nature as defined under section 498-a is one of the ingredients of section 306 of ipc, presumption under section 113-a of the evidence act has to be drawn against the accused and therefore, conviction of the accused for the offence under section 306 also does not deserve to be ..... that, cruelty for the purpose of said section shall have same meaning as under section 498-a of ipc.17. from a careful reading of the above provisions of section 113-a of evidence act, it could be seen that the words 'having regard to all other circumstances of the case' used therein make it clear that before drawing the .....

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Aug 27 2009 (HC)

Commissioner of Customs Vs. Agrotech Foods Ltd.

Court : Karnataka

Decided on : Aug-27-2009

Reported in : 2010(249)ELT348(Kar)

..... passed on by him to any other person:provided that where an application for refund has been made before the commencement of the central excise and customs laws (amendment) act, 1991, such applications shall be deemed to have been made under this sub-section and the same shall be dealt with in accordance with the provisions of ..... would get attracted and the question may merit examination only at that stage and not at the stage of a provisional assessment under section 18 of the customs act and therefore, the question itself is a contradiction. unless it had been ascertained that there was finalisation of the assessment, answering the question in the affirmative may ..... a provisional assessment under section 18 and after finalisation of the assessment for own consumption of the goods etc. an application under section 27 of the customs act, if it is within time as specified in the section and in such circumstance, the question would limit as to whether an application under section 27 results .....

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Aug 28 2009 (HC)

Gadigi Mineral Mining Co., a Private Ltd. Company Incorporated Under t ...

Court : Karnataka

Decided on : Aug-28-2009

..... that the point that arose for determination by the court in the writ petitions was as to whether the provisions of section 11(2) of the mmdr act as amended by amendment act no. 38 of 1999, which has come into effect from 18.12.1999, is prospective and it would take away the right of the preferential right ..... the state government has preferred w.a. no. 1438/2007 and connected appeals contending that in view of the proviso to section 11(2) of the mmdr act ,as amended by amendment act no. 38 of 1999, writ petitioners would not be entitled to premium or preference in consideration of their application before consideration of applications received pursuant to the ..... applications, would have preferential right over the applicants, who had filed applications subsequently.18.2. in view of proviso to section 11(2) of the mmdr act as per amendment act no. 38/1999, which has come into effect from 18.12.1999, once the notification has been issued, the applicants would lose their preferential right and .....

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Aug 28 2009 (HC)

Saurashtra Ferrous (P) Ltd. Rep. by Its Deputy General Manaer Sri. K. ...

Court : Karnataka

Decided on : Aug-28-2009

..... been received on the same day for the purpose of priority and no preferential treatment can be given to the applications filed prior to amendment of section 11(2) of mmdr act in 1999.9.2. the scrutiny of the material on record would clearly show that in both the writ petitions, petitioner's application ..... the committee appointed by the central government pursuant to the directions to the high court of orissa, consisting of senior officers from the ministry of mines, the indian bureau of mines and the geological survey of india, that the national mineral policy having been tabled before both the houses of parliament, is a guiding factor ..... opportunity to comment on such reasons. 16. it may be indicated here that the doctrine of 'legitimate expectation' imposes in essence a duty on public authority to act fairly by taking into consideration all relevant factors relating to such 'legitimate expectation'. within the conspectus of fair dealing in case of 'legitimate expectation', the reasonable .....

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Aug 28 2009 (HC)

Jagadish Chidananda Kore Vs. the State of Karnataka,depatment of Law,r ...

Court : Karnataka

Decided on : Aug-28-2009

Reported in : ILR2010KAR3540

..... wherein the terms of reference included the examination of the fundamental principles of criminal jurisprudence and to see if any modifications or amendments are required thereof; whether there is need to re-do the criminal procedure code, indian penal code and the evidence act, to bring them in tune with the demand of the times and in harmony with the aspirations of the people of .....

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Sep 01 2009 (HC)

Sri S. Ishwar Bhat S/O Late Ganapathy Bhat Vs. the State Represented b ...

Court : Karnataka

Decided on : Sep-01-2009

..... outraged, is sufficient to constitute the offence without any deliberate intention having such outrage alone for its object. as indicated above, the word 'modesty' is not defined in ipc. the shorter oxford dictionary (third edn.) defines the word 'modesty' in relation to woman as follows:decorous in manner and conduct; not forward or lowe; shame-fast; ..... learned counsel for the accused-appellant contends that the trial court committed serious error in convicting him for the offence under section 376 read with section 511 ipc holding that the accused attempted to commit rape on the victim girl inasmuch as the victim girl has not stated in her evidence that the accused made ..... is clear that there was no attempt by the accused herein to commit forcible sexual intercourse on the girl and his act of putting his finger into her vagina constitutes an offence under section 354 ipc.10. learned counsel for the appellant-accused has relied upon the decision of the hon'ble supreme court in aman kumar .....

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Sep 09 2009 (HC)

Technova Tapes (India) Private Limited, Represented by Its Director A. ...

Court : Karnataka

Decided on : Sep-09-2009

..... begin to run in computing the period of five years from the date of incorporation of the amendment, namely, the proviso to section 22 which has come into force with effect from 13.12.2000, in terms of the companies amendment act, 2000 and therefore, the period of five years would expire on or before 12.12.2005 ..... (see: s.s. gadgil v. lal and co. : air 1965 sc 171).it would be useful to extract the unamended section 22 of the companies act, as well as the amended section 22 , for a better understanding of the rival contentions of the parties.unamended section 22 rectification of name of company - (1) if through inadvertence, or ..... satya deo gupta : air 1963 sc 44917. power control appliances and ors v. sumeet machines private limited : (1994) 2 scc 44818. bharathiya coffee workers catering service private limited v. indian coffee workers co-operative society limited (1999) (19) ptc 431 (ker) 19. j.r. kappor v. micronix india : 1994 suppl. (3) scc 21520. vishnudas trading v. vishnudas .....

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Sep 10 2009 (HC)

Lolaksha, S/O Late K. Ranga Represented as Guardian to Daughter, Preet ...

Court : Karnataka

Decided on : Sep-10-2009

Reported in : ILR2009KAR3934; 2009(4)KCCRSN240.

..... castes in other states and only after their admission, the present writ petition is filed. after filing the present writ petition, an application is filed seeking amendment of the writ petition challenging their selection and admission as well. nearly two months have lapsed since the admission is made. as rightly contended by sri aditya ..... and scheduled tribes hailing from different states on the ground that the institution is of national importance. he gives the examples of several institutions such as indian institute of technology, military academy at dehradun and others in this connection.9. it is his further contention that being fully aware of the nature of ..... he invites the attention of the court to the preamble to the statute which establishes the 2nd respondent-university namely the national law school of india act, 1986 (karnataka act no. 22/1986), to highlight the fact that it was the bar council of india trust which was instrumental in establishing the 2nd respondent-university .....

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