Court : Mumbai
Decided on : Sep-27-1993
Reported in : 1994(3)BomCR403
..... petition and the powers of the court in respect thereof are all circumscribed by the act. the indian limitation act of 1963 is an act to consolidate and amend the law of limitation of suits and other proceedings and for purposes connected therewith. the provisions of this act will apply to all civil proceedings and some special criminal proceedings which can be taken ..... self-contained code which does not admit of the introduction of the principles of the provisions of law contained in the indian limitation act'.the supreme court, therefore, concluded that despite the provisions of section 29(2) of the limitation act, the said act cannot apply to the proceedings under the election law in as much as the representation of people ..... a complete code which did not admit the introduction of the principles of the provisions of law contained in the indian limitation act.32. in the view that i am taking, i need not express a final opinion on this question as to whether the chief judge of the court .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-08-1993
Reported in : (1994)48TTJ(Mumbai)187
..... to any premises let for residence, when the tenant dies, whether the death has occurred before or after the commencement of the bombay rents, hotel and lodging house rates control (amendment) act, 1978, any member of the tenants family residing with the tenant at the time of his death or, in the absence of such member, any heir of the deceased ..... procedure, 1908, and includes also, in the case of joint family property the joint family of which the deceased person was a member,'sub-cl. (4)(a) inserted by the amending act of 1973 w.e.f. 1st april, 1973 defines 'licensee' as under :'licensee in respect of any premises or any part thereof, means the person who is in occupation ..... the rent.'the relationship of lessor and lessee is one of contract. a licence is defined in s. 52 of the indian easements act 5 of 1882 as follows :'a licence is defined in s. 52 of the indian easements act 5 of 1882 as right to do or continue to do, in or upon the immovable property of the grantor something which .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-04-1993
Reported in : AIR1994Kant12; II(1993)DMC274; ILR1993KAR2212; 1993(2)KarLJ599
..... not apply to appellate court. the relevant paras of the judgment are extracted hereunder:'section 13-b is introduced into the statute book by means of the marriage laws (amendment) act, 1976. it permits, for the first time, dissolution of a hindu marriage by mutual consent of parties, provided the parties have been living separately after their marriage ..... may be presented to the district court by both the parties to a marriage together whether such marriage was solemnized before or after the commencement of the marriage laws (amendment) act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together ..... not collusive. as would be evident from legislative intent of s. 13-b that divorce by mutual consent is no longer foreign to indian law of divorce but of course this is a subsequent amendment and was not applicable at the time when the decree in question was passed. in the premises we accept the majority view of .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-29-1993
Reported in : AIR1994Kant56; ILR1993KAR2939; 1993(4)KarLJ769
..... matter on merits.1a. before dealing with the contentions advanced, it is apt to refer to the objects of motor vehicles act (hereinafter called as 'the act'). the motor vehicles act, 1988 consolidates and amends the law relating to motor vehicles, various committees like national transport policy committee, national police commission, road safety committee, low ..... other permanent part with the following:--(a) manufacturer's name or identification; (b) size; (c) month and year of manufacture; (d) the mark of indian standard institute. (4) the headgear shall have minimum three adhesive type retro reflective red colour stripes on the back of the headgear which will illuminate during the night ..... more than three metric brake-horse-power.(2) a protective headgear referred to in sub-rule (1) should be one which has been approved by the indian standard institute standard no. is 41551-1976.(3) each protective headgear shall be permanently and legibly labelled, in a manner such that the label or .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-30-1993
Reported in : ILR1993KAR1564; 1994(3)KarLJ360
..... was dealing with a bye-law made by the central government under powers conferred on it by the forward contracts (regulation) act, 1952 which compulsorily amended the bye-laws of the association recognized under the act and which vested certain powers on authorities external to the association. the bye-law in question was not limited in its ..... for the respondent, apart from depending upon certain observations made by the supreme court in the very decisions cited by dr. shivaiah, has also relied on the decisions in indian airlines corporation v. sukhdeo rai, : (1971)illj496sc and the decision in sri konaseema co-operative central bank ltd., air 1990 ap 171, amalapuram and anr. v ..... where a worker is sought to be reinstated on being dismissed under the industrial law; and(iii) where a statutory body acts in breach or violation of the mandatory provisions of the statute.21. in indian airlines corporation's case, the supreme court at para no. 12 of its judgment has among other things observed as .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-15-1993
Reported in : ILR1993KAR1714
..... as it was when the decision in hariharan's case was rendered by the supreme court. of course, it has been amended by the amendment act no. 33/1988 with effect from 1.8.1988 but that amendment has inserted only the following words: viz., 'includes any person:i) employed by or through a contractor in or in ..... of work, manual or otherwise, in or in connection with the work of an establishment and who gets his wages directly or indirectly from the employer. the amendment only included other categories of persons in the definition of the word 'employee'. therefore, the contention of the learned senior standing counsel for the central government that ..... factory or establishment or any person engaged as an apprentice, not being an apprentice engaged under the apprentices act, 1961(52 of 1961) or under the standing orders of the establishment, but does not include - (a) any member of the indian naval, militaryor air-forces; or (b) any person so employed whose wages (excluding remuneration for overtime .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-08-1993
Reported in : ILR1993KAR2605; 1994(3)KarLJ378
..... expressly provided under' the words 'notwithstanding anything contained in' shall be and shall be deemed always to have been substituted'.this ordinance is replaced by karnataka amendment act 20/93 which amends section 70 to the same effect. in the light of these statutory provisions, we proceed to consider the aforesaid points for determination.point no. 1:-20 ..... will be open to the high court to reconsider in appropriate proceedings the earlier view propounded in the earlier judgment of the high court. in the case of indian oil corporation ltd. v. state of bihar and ors., air 1986 sc 1780 it has been held as under:the dismissal of a special leave petition in ..... the rules made thereunder: provided further that nothing in this sub-section shall apply to any prospecting operations undertaken by the geological survey of india, the indian bureau of mines, the atomic minerals division of the department of atomic energy of the central government, the directorates of mining and geology of any state .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-12-1993
Reported in : AIR1993AP183
..... after negotiations, and those agreements stood anulled by virtue of an amendment brought-in to the provisions of the act by the karnataka state resulting in a higher tariff rate to the indian aluminium company as isapplicable to the other industries classified under the same category as indian aluminium company was. when this resultant tariff was challenged, the ..... sec. 49 controls the same by mandating that no such undue preference shall be shown. the scope and ambit of sec. 49 of the act is the subject-matter of interpretation by the supreme court in indian aluminium co. v. k. s. k. board, : [1976]1scr70 head note-a. the supreme court held :'section 49(3) ..... supreme court held (at p. 2573 of air scw) : 'mr. narasimhamurthy is justified in his contention that since the agreements stood anulled in view of the amended provisions of section 49 of the act, the board was empowered to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-31-1993
Reported in : 1994(2)ALT87; (1994)119CTR(AP)184; [1994]207ITR508(AP)
..... - .... (b) if the company has incurred any loss in any previous financial year or years, which falls or fall after the commencement of the companies (amendment) act, 1960, then, the amount of the loss or an amount which is equal to the amount provided for depreciation for that year or those years whichever is ..... : [1975]2scr138 , wherein the learned judges observed thus (headnote) : 'if the orissa motor vehicles taxation (amendment) act, 1943, incorporating the definition of 'motor vehicles' referred to the definition of 'motor vehicle' under the act as then existing, the effect of this legislative method would amount to an incorporation by reference of the provisions of ..... of their value on acquisition, which has not yet expired.' 65. learned counsel also referred to a judgment of the calcutta high court in cit v. indian jute mills association : [1982]134itr68(cal) , wherein it was held that 'depreciation claimed shall include the expenditure incurred'. he also relied upon the judgment of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-29-1993
Reported in : 1994(1)ALT426; 1993(43)ECC1; 1993(67)ELT769(AP)
..... from the date of payment of money, will apply. but if the duty is paid under coercion of the machinery functioning under the central excise act or the customs act,. the amendment act has taken care of such a situation and prescribed an alternative period of limitation of six months by defining the relevant date' in sub-clause ..... with the common question. facts in the writ petitions will be referred to wherever necessary. 3. the first petitioner is a company registered under the indian companies act and the second petitioner is a share-holder and the general manager of the first petitioner-company (hereinafter the first petitioner will be referred to as ..... i deals with duties of excise no tobacco and other goods manufactured or produced in india except - (a) alcoholic liquors for human consumption; and (b) opium, indian hemp and other narcotic drugs and narcotics, but including medicinal and other toilet preparations containing any of the substances mentioned in clause (a) and (b) above. a .....
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