Court : Karnataka
Decided on : Dec-30-2014
..... or serving the notices and all other matters connected therewith shall be such as may be prescribed. the tribunal may for valid and sufficient reasons permit the tenant to amend the application. (4) where no objection is filed, the tribunal may, after such verification as it considers necessary, by order either grant or reject the application." ..... to all the parties who are interested in the subject matter of the case and decide the case in accordance with the relevant provisions of the land reforms act and rules as expeditiously as possible, as the matter pertains to the year 1982. 7. the appellants and respondents are permitted to adduce their oral and ..... stood in the name of mariyappa and had given application to change the name. the tribunal without making proper enquiry as contemplated under section 48a of the act, by cryptic order has confirmed occupancy right in respect of three items of the land. nadikerappa having played fraud by suppressing material facts while filing form no .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-06-2014
..... air1956sc676 the portions of the said decision read out by him are as follows: (23). .. when entry 33 of list 3 was amended by the constitution third amendment act, 1954, foodstuffs including edible oilseeds and oils were included therein and both parliament and the state legislatures acquired concurrent jurisdiction to legislate over ..... of karnataka and others . air1993patna 43 delhi cloth and general mills co. ltd. and others v. the agricultural produce market committee and others. ilr2009kar2216 south indian sugar mills association (karnataka) and another v. the union of india, ministry of consumer affairs and others . ilr2012kar4631 the state of karnataka, by its secretary ..... to government, department of commerce and industries and another v. south indian sugar mills association (karnataka), by its secretary and others.34. he submits that it has been the stand of the state government that it does .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-22-2014
..... expressly or by necessary intendment, applies the said provisions to the subsequent act." (emphasis supplied) 21. in that case, the position was that the prevention of corruption act, 1947 adopted the definition of public servant from section 21 of the indian penal code. the question was whether the subsequent amendments made in 1958 and 1964 to section 21 of the penal code enlarging the ..... definition of "public servant", could be read into the prevention of corruption act, 1947. though it was held that the 1947 act dealt with a specific offence of "criminal misconduct", while .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-21-2014
..... by partition among members of hindu .joint family [for a period of fifteen years from the dote of commencement of section 1 of the karnataka village offices abolition (amendment) act, 1978:] provided that such occupancy of the ryotwari patta in respect of land granted to the holder of a village office in an enfranchised iiiam shall be transferable ..... alienation of granted land has held that, the alienation of the granted land between 01.02.1963 on which day the principal act came into force and 07.08.1978, the day on which the amendment act came into force, is not invalid, as there was no total prohibition for alienation and the alienation was permitted with the permission ..... payment of an amount equal to fifteen time the amount of full assessment of the land. however, by amendment act 13/78, which came into force on 07.08.1978, sub-section (3) was amended and sub-section (4) was inserted. the amended provisions of sub-section (3) and newly added sub-section (4) read as under:- "sub-sec.(3 .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-17-2014
..... 120-a and 120-b were brought on the statute book by way of amendment to ipc in 1913. the statement of objects and reasons to the amending act reveals that the underlying purpose was to make a mere agreement to do an illegal act or an act which is not illegal by illegal means punishable under law. before these sections were ..... . (2) this section applies to- (a) any offence triable exclusively by the court of session or by the court of a special judge appointed under the criminal law amendment act, 1952 (46 of 1952 ); (b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence. (3) every magistrate who tenders ..... is triable exclusively by that court or if the magistrate taking cognizance is the chief judicial magistrate; (ii) to a court of special judge appointed under the criminal law amendment act, 1952 (46 of 1952 ), if the offence is triable exclusively by that court; (b) in any other case, make over the case to the chief judicial magistrate .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-10-2014
..... only daughter of his second wife puttamadamma. the said kenchaiah was a tenant in item no.1 agricultural land. he died prior to coming into force of karnataka land reforms act (amended) act, 1974, i.e., he died in the year 1971. 4. case put forth before the trial court by the defendant puttamadamma's daughter-lakshmamma, was after the death of ..... was a tenanted land and it was in the possession of kenchaiah who was a tenant. it is true that he died prior to coming into force of the amended land reforms act with effect from 01.03.1974. it is also true that he died during the year 1971. 10. what is argued before this court by the learned counsel ..... the tenancy did not terminate with the death of kenchaiah. the tenancy devolved upon his surviving wife puttamadamma, who chose to file an application under section 48a of land reforms act in form no.7. the application so filed by puttamadamma, will have to be construed as one for and on behalf of the surviving members of the family of kenchaiah .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-17-2014
..... 120-a and 120-b were brought on the statute book by way of amendment to ipc in 1913. the statement of objects and reasons to the amending act reveals that the underlying purpose was to make a mere agreement to do an illegal act or an act which is not illegal by illegal means punishable under law. before these sections were ..... (2) this section applies to- (a) any offence triable exclusively by the court of session or by the court of a 263 special judge appointed under the criminal law amendment act, 1952 (46 of 1952 ); (b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence. (3) every magistrate who tenders ..... is triable exclusively by that court or if the magistrate taking cognizance is the chief judicial magistrate; (ii) to a court of special judge appointed under the criminal law amendment act, 1952 (46 of 1952 ), if the offence is triable exclusively by that court; in any other case, make over the case to (b) the chief judicial magistrate .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jul-17-2014
..... valid notice within the purview of section 106 of the transfer of property act.26. even otherwise, section 106 of the transfer of property act has stood amended with effect from 31.12.2002 vide act 3 of 2003 of the parliament. sub section of 3 of section 106 of amended act, a notice under sub section 1 of section 106 shall not be deemed ..... that sub section. r.s.a.no.84/2007 27 c/w r.s.a.no.85/2007 section 3 of act 3 of 2003 provides for transitory provisions. the provisions of section 106 of the principal act as amended by section 2 shall apply to all notices in pursuance of which any suit or proceedings pending on the finding of ..... this act and all notices which would have been issued before commencing of this act, but where no suit has been filed before such commencement. therefore, .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-23-2014
..... the post of motor vehicles inspectors under the karnataka general services (motor vehicles branch) (recruitment) rules, 1976, as amended by notification dtd.-.100- 24.11.2005 in exercise of the power conferred by the karnataka state civil services act, 1978, are as follows: (1) must be holder of diploma in automobile engineering of not less than three ..... held to be invalid merely because it incidentally encroaches on matters assigned to another legislature. (see -103- state of karnataka v. ranganatha reddy9; k.s.e. board v. indian aluminium co.10; subrahmanyam chettiar v. mutuswami; prafulla kumar mukherjee v. bank of commerce; ganga sugar co. v. state of u.p.). we, therefore, do not accept ..... 20. we may also state that sub-sec.(4a) of section 5 of the boilers act, 1923 is similar to sub-sec.(4) of s.213 of the m.v.act, 1988, whose subject matter of legislation is also relatable to concurrent list - list iii (entry 37 boilers). the said sub-sec.(4a) reads as follows: (4a) no person shall .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-11-2014
..... anr. v. state of karnataka and ors. [air 2006 scw 4132], the hon'ble supreme court, on noting the preamble of the act, statement of objects as well as the reasons of the amending act, observed that the object of the act is to secure establishment of industrial areas and orderly development of industries therein and to create facilities which contribute to the development ..... on consideration of definition of "applicable acts" in clause (ia) of section 2 of the act. "applicable acts' means factories act, 1948, boilers act, 1923, contract labour (regulation and abolition) act, 1970, employees state insurance act, 1948, minimum wages act, 1948, payment of bonus act, 1965, payment of wages act, 1936, maternity benefit act, 1961, gratuity act, 1972, equal remuneration act, 1976 and karnataka shops and commercial establishments act, 1961. a reading of the names .....
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