Court : Karnataka
Decided on : Jun-26-1998
Reported in : 2001(6)KarLJ373
..... the day on which it received the assent of the rajpramukh or the president, as the case may require; (iii)in the case of a mysore act made after the commencement of the mysore general clauses (amendment) act, 1953, it shall come into operation on the day on which the assent thereto of the rajpramukh or the president, as the case may require ..... shall be deemed to have come into operation on the day on which it received the assent of maharaja and in cases mysore act made after the commencement of the constitution and before the commencement of mysore general clauses (amendment) act, 1953, it has to bedeemed to have come into operation on the day on which it received the assent of the rajpramukh ..... chapter ii, section 11 and has more than once been considered by this board. the nature of a widow's estate was settled in two cases in 11 moore's indian appeals, pp.139 and 487; and the nature of a daughter's estate was considered in chotay lal v chunno lal, (1878) law reports, 6 ia 15. it was there .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-19-1998
Reported in : ILR1998KAR3450; 1998(5)KarLJ360
..... be advised by the learned advocate general or law secretary, union of india and state to take needful steps to consider and amend section 90 of evidence act in the light of uttar pradesh civil laws (amendment) act no. 24 of 1954 to obviate and remove or mitigate the difficulties of litigants in such a situation. let the copy ..... the ownership of property, which arises out of the confidence reposed in and accepted by transferee, ownership for the benefit of another.63. indian trust act defines 'trust' vide, section 3 of the trust act as under:'a trust is an obligation annexed to the ownership of property, arising out of a confidence reposed in and accepted by ..... findings as under;(a) plaintiff failed to make out a case under section 65 of the indian evidence act for being entitled to lead secondary evidence and to file certified copy of settlement deed; (b) section 90 of the evidence act is not applicable to copy of document and presumption thereunder cannot be made applicable to the present .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-15-1998
Reported in : 1998(4)KarLJ413
..... in the state of kerala and in view of the repugnant provisions, in terms of article 254 of the constitution the kerala act stood repealed. there is no provision made in the amending act to indicate repeal of the state law but application of article 254 is automatic to situations where it is applicable and by ..... sections were substantially altered, one section was substituted and another was omitted. the act of 1984 extended the land acquisition act of 1894 to the whole of india excepting the ..... in the concurrent list. there was a state act in kerala known as the kerala land acquisition act of 1961 which dealt with acquisition and that had been legislated on the basis of the same entry 42. under the amendment act of 1984, the land acquisition act of 1894 was subsequently amended. five new provisions were inserted, twenty-one .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-04-1998
Reported in : 1998(5)KarLJ560
..... 115 of the code of civil procedure, does not confer jurisdiction on this court to interfere with the findings. learned counsel submitted that the court has not acted illegally. learned counsel for the respondent contended appreciation of evidence, question as to reliability or unreliability of the evidence, cannot be said to be one of ..... maintainability of contractor's application under section 471 of the act, is liable to be rejected and the same is rejected'.9. this order is final between the parties and as such this primary contention of the ..... position emerging from the factual position between the parties, i find that the learned district judge has rightly held that the application under section 471 of the act made before him by the contractor was maintainable thereunder.hence, the objection of mr. pandurangaswamy, learned counsel for the corporation raised on the point of .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-02-1998
Reported in : 1998(5)KarLJ685
..... made before the expiry of a period of six months from the date of the commencement of section 1 of the karnataka land reforms (amendment) act, 1978. (2) on receipt of the application, the tribunal shall publish or cause to be published a public notice in the village in which the land is situated calling upon ..... the jurisdiction of the tribunal vested under chapter iii of the act which provides for 'conferment of ownership on tenants'. clause (35) of section 2 of the ..... the state, who are supposed to be in touch with the effective administration of the provisions of the act dealing with agrarian reforms, which is still to be attained to the professed level despite lapsing of half a century from the day of indian independence but they were also of no help in the matter.6. i am right now concerned with .....
Tag this Judgment!Court : Karnataka
Decided on : May-26-1998
Reported in : 2000(1)KarLJ48
..... prescription of affiliation fee for continuance of the affiliation. initially, this was the position under section 35 of the karnataka state universities act, 1976 as well, when in 1986, the act was amended incorporating clauses (p) and (q) to section 35. this, according to the petitioners, enabled the 2nd respondent to frame statute ..... lakhs. 6. the 1st respondent is the only university in the state established for the proper and systematic teaching, training and research in medicine and indian system of medicine. expenditure on administration, management and conduct of examination throughout the state is not comparable with other established universities in the state. examination ..... the tax; and(iii) it is a common burden; the quantum of imposition upon the tax-payer depends generally upon his capacity to pay.(see: indian medical association v v.p. shantha).we may also advert to the following passage from case of the commissioner, hindu religious endowments, supra.'a neat definition .....
Tag this Judgment!Court : Karnataka
Decided on : May-26-1998
Reported in : [1998]94CompCas166(Kar); ILR1998KAR2614
..... a promise by a mortgagee, unsupported by consideration, not to exercise his power of sale for a few days does not fall within section 63 of the indian contract act, and is, therefore, not a binding waiver of the right (c).' 24. on an overall view of the matter, it cannot be said that the mortgagee ..... and when the court is apprised of the fact that a public body like the first respondent has exceeded its statutory right while effecting the sale, and has acted disregarding all principles of law, this court should not hesitate to restitute the party by awarding appropriate monetary compensation. the relief to invalidate the sale will encompass the ..... for decades and as such could be declared as equitable principles while dealing with similar sales, since there are no other guidelines available under the state financial corporations act, in this behalf. under the civil procedure code, it is clearly provided that if any of the grounds pleaded for setting aside the sale were available to be pleaded .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-16-1998
Reported in : ILR1999KAR768; [2000]120STC159(Kar)
..... my view, in b.c. kame's case : [1977]2scr435 , has to be understood in the back drop of the amendment made to article 466 of the constitution by inserting clause (29a) by means of the constitution (46th amendment) act. in b.c. kame's case : [1977]2scr435 , the supreme court proceeded to observe that after buying photographic goods, ..... indivisible contract and the turnover of the goods used in the execution of the works contract would not be exigible to sales tax, the parliament passed the 46th amendment amending the constitution in several respects in order to bring many of the transactions in which property in goods passed, but are not considered as sales, for the ..... of labour and service, enabling a state to levy sales tax on value of goods involved in a works contract. in the light of the said amendment, section 5b came to be incorporated into the act. in view of the decisions of the supreme court in builders association of india v. union of india : [1989]2scr320 , gannon dunkerley & co .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-16-1998
Reported in : [1998]111STC351(Kar)
..... tax (value added tax) at 45 per cent under the provisions of section 5(1-a). when section 5(1-a) was incorporated in the kst act by the karnataka sales tax (amendment) act 15 of 1988 with effect from april 1, 1988 a provision was made not to subject the subsequent sales of alcoholic liquors which have suffered kst under ..... even in that case, the division bench held that according to section 5(1-a) of the act, every sale, within the state, of the article in question would be exigible to tax from the date of the amending act came into force, and negatived the contention of the appellant. therefore, the same is not applicable to the facts of this ..... , dated april 18, 1995.2. the brief facts of the case are that the appellant is a dealer registered under the karnataka sales tax act, 1957 (hereinafter called as 'the act') dealing in wholesale of the indian-made foreign liquors (imfl). the appellant filed the return of turnover disclosing the total and the taxable turnover of rs. 35,47,530.50 .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-16-1998
Reported in : 1998(2)ALD(Cri)459; 1999(1)ALT(Cri)86; [1998]93CompCas423(Kar); 1998CriLJ3539; ILR1998KAR2143; 1998(4)KarLJ526
..... (b) provided that for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law the provisions of the indian limitation act, 1908, other than thosecontained in sections 4, 9 to 18 and 22, shall not apply and, therefore, the applicability of section 5 was in clear and specific terms ..... , has held in paras 6 and 7 as under: 6. at the time of introduction of the bill it was declared in the statement of objects that the amendment was being made to achieve the various objectives detailed therein. one of the objectives specified was.-- 'to enhance the acceptability of cheques in settlement of liabilities by making ..... the drawee of such a cheque has always a right to recover the amount involved in the cheque by filing a civil suit. but now in view of the amended provisions of theact, a penal provision is made thereunder and according to which a person, who issues a cheque without there being sufficient funds to his credit in .....
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