Court : Karnataka Dharwad
..... state of tamil nadu vs state of kerala reported in air 2014 sc 2407 while examining the constitutionality of kerala irrigation and water conservation (amendment) act, 2006 and declaring it as unconstitutional in its application to and effect on the mullaperiar dam was also examining the separation of powers between ..... separation of powers. (ii) independence of courts from the executive and legislature is fundamental to the rule of law and one of the basic tenets of indian constitution. separation of judicial power is a significant constitutional principle under the constitution of india. (iii) separation of powers between three organs legislature, ..... words, the doctrine of separation of power though not expressly engrafted in the constitution, its sweep, operation and visibility are apparent from the scheme of indian constitution. constitution has made demarcation, without drawing formal lines between the three organs legislature, executive and judiciary. in that sense, even in the .....
Tag this Judgment!Court : Karnataka Dharwad
..... as the earlier judgment had been rendered on the basis of the language of sub-section 4 of section 48 of the act as it prevailed earlier but the sub-section having undergone a change by the amendment as inserted by act no.29 of 1997, with effect from 20.09.1997 adding the words "or guilty of misconduct" in addition to ..... it is true that there was a complaint registered against the petitioner and he has also been charge sheeted for offences punishable under sections 323, 353, 504 and 506 ipc, which is not tried at the criminal court but this case is still pending trial before the criminal court. 17. therefore, the question will be as to whether the ..... assaulted and abused him. based on which the police had registered a case against the petitioner in crime no.9/2011 for offences under sections 323, 353, 504 and 506 ipc. 3. it appears that the police have subsequently conducted investigation and filed a charge sheet before the court. however, the said case is pending disposal before the court. .....
Tag this Judgment!Court : Karnataka Dharwad
..... is covered under section 80p(2)(a)(i) i.e. carrying on the business of banking for providing credit facilities to its members. the object of the aforesaid amendment is not to exclude the benefit extended under section 80p(1) to such society. therefore, there was no error committed by the assessing authority. ? in cit ..... issue letter of credit, discounting bills of exchange, issue cheques, demand drafts (dd), pay orders, gift cheques, lockers, bank guarantees etc. 3. co-operative banks can act as clearing agents for cheques, dds, pay orders and other forms. 4. banks are bound to follow the rules, regulations and directions issued by reserve bank of india ..... was receiving deposits from its members and providing loans to other members and hence it satisfied all the three conditions contemplated under section 56 (ccv) of the br act. for this premise, the assessing officer had proceeded on the basis that a primary co-operative bank, meant a co-operative society. therefore, the assessing officer .....
Tag this Judgment!Court : Karnataka Dharwad
..... and scope even the interest income earned by the respondent-assessee, a co-operative society from a co-operative bank. this exclusion by section 80p(4) of the act even though without any amendment in section 80p(2)(d) of the act is sufficient to deny the claim of the respondent assessee for deduction under section 80p(2)(d) of the ..... or deduction under the special provisions of chapter via in the form of section 80p of the act. 16. if the legislative intent is so clear, then it cannot contended that the omission to amend clause (d) of section 80p(2) of the act at the same time is fatal to the contention raised by the revenue before this court ..... its banking business is governed by the provisions of a special law like banking regulation act, 1949. (iii) the learned counsel for the revenue further urged that the amendment of section 194a(3)(v) of the act by finance act, 2015 with effect from 01st june 2015 excluding the co-operative banks from the genus category of co-operative societies and .....
Tag this Judgment!Court : Karnataka Dharwad
..... period from the date of the said notification till the date of passing of the award. he contended that section 23(1a) has been inserted in the act pursuant to amendment made in the year 1984 in order to cover the period from the date of issuance of section 4(1) notification till the date of passing of ..... per acre by a common award. 3. not being satisfied with the said award, the appellant/claimant filed an application under section 18(1) of the act (read with karnataka amendment) seeking a reference to the court for enhancement of compensation. the reference court awarded compensation of rs.2,70,000/- per acre by assessing escalation in the ..... the hon ble supreme court, payment of compensation does not arise until acquisition proceedings commence. once acquisition proceedings commence by issuance of notification under section 4(1) of the act, till the date of passing of the award, section 23(1a) would come into play. therefore, for that period interest under section 34 cannot be claimed. it .....
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..... were passed in the aforesaid proceedings and it is further provided that every such court should deal with the proceedings as if sub-section (2) of section 133 as amended by act 31 of 1974 was in force. in other words, the civil court must refer the question of tenancy to the land tribunal and only after the receipt of the ..... or order of the civil court; or (c) finally disposed of by such courts after the first day of march, 1974, as if the said clause as amended by this act, was in force when the right accrued or the liability was incurred and every such court shall deal with the proceedings accordingly and any interim or final order or ..... .r.l.patil, learned counsel for the appellants submits that in the light of sub section 2 of section 3 of the karnataka land reforms (second amendment and miscellaneous provisions) act, 1974, for short 'act', the judgment and compromise decree in o.s.no.182/66 is rendered nugatory and that the land tribunal is duty bound to confer occupancy rights of .....
Tag this Judgment!Court : Karnataka Dharwad
..... would notwithstanding its expiry, continue to be effective for a period of 30 days. 10. one other development that is relevant is the amendment of sub-section (2) of section 10 by the motor vehicles (amendment) act, 1994 in the said section, the following kinds of vehicles were specified: .................. (e) medium goods vehicle, (f) medium passenger ..... transport vehicle incidentally, sub-section (2) of section 10 specifies light motor vehicle under clause (d), thereof. this clause has remained in place before and after the amendment. 11. rule 16 of the central motor vehicle rules, 1989 (hereinafter referred to as the cmv rules, for brevity) prescribes the form, in which a driving ..... limited vs. kusum rai, (2006) 4 scc 250; oriental insurance company limited vs. nanjappan and others, (2004) 13 scc 224; s. iyyappan vs. united indian insurance company limited, (2013) 7 scc 62;) however, the liability of the insurer would not be attracted, in the above manner when the claim is by any .....
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..... not arise. he would state that shifting of the burden of proof on the revenue to disprove the non-existing fact is contrary to law under the indian evidence act and on the above contentions the appellants counsel would submit that the impugned order warrant interference at the hands of the court and requires to be set aside ..... upon a circular dated 01.10.2004 and the same has also been rejected in view of the fact that the provisions of section 194c(i) had been amended with effect from 01.10.2004. thus, in effect all the contentions raised by the assessee were negated and the assessing authority invoking the provisions of section ..... contentions the assessing authority disallowed certain amounts. the assessing authority noticing the discrepancy was constrained to invoke the provisions of section 40(a)(ia) of i.t. act and disallowed the amount of rs.4,07,73,435/-. 5. the assessee aggrieved by the assessment order preferred an appeal before the commissioner appeals, contending that there .....
Tag this Judgment!Court : Karnataka Dharwad
..... that we too are bound by the decision taken by this court in krishnajis case {ilr (1978)2 kant 1585)} (fb) was rendered under the karnataka rent control (amendment) act, 1975 and has held the field for over a decade. no justification has been pointed out by the high court why that should be discarded. it is one of ..... approval of the apex court should not be frequently changed so as to unsettle the settled positions. the fact that thestate legislature has not thought it necessary to amend the law and set at naught krishnaji or bhatija is indicative of the position that thiscourt had not taken a wrong view of the legislative intention. in these ..... passed by the appellate authority under section 136(2) of the act? 11. as has been held by the apex court in the case of sri raja lakshmi dyeing works vs. rangaswamy chettiar, (1980) 4 scc 259, appeal and revision are expressions of common usage in indian statute and the distinction between appellate jurisdiction and revisional jurisdiction is well .....
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..... 1995, complaint was filed on 15/11/1995. so, the ruling cited by the learned advocate for the accused have not considered the scope of the negotiable instruments (amendment)act, 2002. 15. the proviso declare that cognizance of the complaint maybe taken by the court after the period of limitation, if the complainant satisfies the court that ..... is added later has to be construed, in the light of the statement of objects while introducing chapter 17, the objects, as the one stated in the negotiable instruments (amendment) act, 2002. 17. the apex court in unionof inda vs. sankalchand himmat lal sheth and others (1978 (1) scr 423) has considered the subject of consent in article ..... said power being not exercised by the learned ?district judge in the facts, the reasoning of the learned district judge is not in consonance with the object of amendment act of 2002. in other words, the learned district judge has failed to exercise his duty, after having come to a conclusion that there is a delay of 5 .....
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