Court : Karnataka
Decided on : Jan-03-2014
..... amendment proposed having been accepted and approved, the rules were amended, by notification no.dpar 14 rti 2008, dated 17.03.2007, w.e.f. 18 ..... voluminous information from the pios, made recommendation, that rule 14 be inserted in the rules. a draft notification, with regard to the proposed amendment, in exercise of the power conferred by sub-ss.(1) and (2) of s.27 of the act, was forwarded to the state government, to amend the rules. keeping in view the recommendation received from the 1st respondent, the .....
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 Dharwad
Decided on : Jun-30-2014
..... 14. as per the provisions of the karnataka scheduled castes, scheduled tribes and other backward classes (reservation of appointments etc.) act, 1990, a committee is constituted to verify the income and caste. the said act has stood amended by act no.27 of 1997, which received the assent on 29.09.1997. as per section 4-a, 4-b, 4- ..... state of karnataka vs. varadashankar chinnappa javalgi is not of any help, in the light of subsequent amendments to the above act. a specific mechanism is provided under the karnataka scheduled castes, scheduled tribes and other backward classes (reservation ol appointments etc.) act, 1990. hence, civil court's jurisdiction is impliedly barred, more particularly, in the light of an ..... c and 4-d have been inserted to section 4 by virtue of act 27 of 1997. as per section 4, a caste verification .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-03-2014
..... organic law and, therefore, should not be allowed to stand." (emphasis supplied) 19. after the adoption of the penal code, a number of amendments have been made to it. amendment made by act no.25 of 2005 deals with the category of offences, in respect of which the law commission of india made specific recommendations. the parliament having ..... constitutional provision or violate the fundamental rights." (emphasis supplied) 24. in the matter of recurring violence against women and the prevention of such crimes, apex court, in indian woman says gang-raped on orders of village court published in business and financial news dated 23-1-2014, in re,(2014) 4 scc 786, has held as ..... by the apex court, in sushil kumar sharma vs. union of india, (2005) 6 scc 281. therein, apex court was approached to declare s.498-a ipc to be unconstitutional and ultra vires or in the alternative to formulate guidelines, so that innocent persons are not victimized by unscrupulous persons. while examining the plea, it .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-26-2014
..... the petitioners seek to treat the concept of an easement and a licence as being synonymous. they are not. an easement is defined under section 4 of the indian easements act, 1882, thus : 4. easement defined an easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of ..... 7 it is contended that the provision of law, under which the suit was valued was incorrectly stated and was sought to be corrected by recourse to the amendment application, which has been unfairly rejected thereby seeking to pin the petitioners to a position which is divorced from the actual position. it is emphasized that the ..... and had also allowed in part, the application seeking rejection of the plaint, filed by the respondents and had rejected the application filed by the petitioners seeking amendment. the petitioners being aggrieved have filed these petitions against the common order passed by the trial court.3. the learned counsel shri p.d.surana, appearing for .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-20-2014
..... cases on the point as under: "16 it is open to the legislature to remove the defect pointed out by the court or to amend the definition or any other provision of the act in question retrospectively. in this process, it cannot be said that there has been an encroachment by the legislature over the power of the ..... for effective enforcement of the law. this court has considered in extensor the case law in a recent judgment in indian aluminum co. vs. state of kerala and had held that such an exercise of power to amend a statute is not an incursion on the judicial power of the court but is a statutory exercise of the ..... the impugned one depriving many merited candidates of their fundamental rights to employment and livelihood. i feel that a government, acting under the solemn oath to preserve the supremacy of the indian constitution and rule of law, should have acted with little more care and restraint instead of being swayed away with unconstitutional populistic measures. 14. for the aforesaid .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jun-30-2014
..... .14. as per the provisions of the karnataka scheduled castes, scheduled tribes and other backward classes (reservation of appointments etc.) act, 1990, a committee is constituted to verify the income and caste. the said act has stood amended by act no.27 of 1997, which received the assent on 29.09.1997. as per section 4-a, 4-b, 4 ..... state of karnataka vs. varadashankar chinnappa javalgi is not of any help, in the light of subsequent amendments to the above act. a specific mechanism is provided under the karnataka scheduled castes, scheduled tribes and other backward classes (reservation of appointments etc.) act, 1990. hence, civil court s jurisdiction is impliedly barred, more particularly, in the light of an ..... -c and 4-d have been inserted to section 4 by virtue of act 27 of 1997. as per section 4, a caste verification .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-26-2014
..... . we shall first deal with the plea regarding alternative remedy as raised by the appellant-state. except for a period when article 226 was amended by the constitution (42nd amendment) act, 1976, the power relating to alternative remedy has been considered to be a rule of self- imposed limitation. it is essentially a rule ..... the the constitutional law as they still hold the field . evolutionary era of 23. yet again the hon ble apex court in harbanslal sahnia v. indian oil corporation ltd. reported in (2003) 2 scc107has held that rule of exclusion of writ jurisdiction on account of availability of alternate remedy is of ..... air1969sc556m/s baburam prakash chandra maheshwari vs. antarim zila parishat (1998) 8 scc1whirlpool corporation vs. registrar of trade marks, mumbai & ors., (2003) 2 scc107harbanslal sahnia & anr. vs. indian oil corporation ltd., & ors., (2005) 6 scc499state of h.p & ors., vs. gujarat ambuja cement ltd., & anr., 55 17. sri.k.p.kumar, learned senior counsel appearing .....
Tag this Judgment!Court : Karnataka
Decided on : May-20-2014
..... from 24.09.1984. in the present case, the award has been passed on 21.4.1986, that is well within two years from the date of commencement of the amendment act, namely, 24.09.1984. therefore, the contention of the petitioners that the award is not passed within a period of two years from the date of final notification and therefore ..... been published before the commencement of the amendment act. the award shall be made within a period of two years from such commencement. therefore , the award in the present case on hand has been passed well within time. point ..... 4.1986, beyond two years from the date of final notification. if section 11a of the la act is applied, the acquisition is deemed to have lapsed. however, section 11 a has been inserted in the la act by act 68 of 1984. the said amendment act commenced with effect from 24.9.1984. the proviso to section 11a stipulates that if the declaration has .....
Tag this Judgment!Court : Karnataka
Decided on : May-20-2014
..... from 24.09.1984. in the present case, the award has been passed on 21.4.1986, that is well within two years from the date of commencement of the amendment act, namely, 24.09.1984. therefore, the contention of the petitioners that the award is not passed within a period of two years from the date of final notification and therefore ..... been published before the commencement of the amendment act. the award shall be made within a period of two years from such commencement. therefore , the award in the present case on hand has been passed well within time. point ..... 4.1986, beyond two years from the date of final notification. if section 11a of the la act is applied, the acquisition is deemed to have lapsed. however, section 11 a has been inserted in the la act by act 68 of 1984. the said amendment act commenced with effect from 24.9.1984. the proviso to section 11a stipulates that if the declaration has .....
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