Court : Karnataka
Decided on : Mar-01-2014
..... a prior approval of the state government. it is further emphasized that since the amendment act 17 of 1961 and the khb act, have both received the assent of the president, the same override the provisions of the central act, as amended by act 68 of 1984, as the state amendment act 17 of 1961 continues to be part of the statute. it is contended ..... be accepted that the requirement under the relevant clause namely, section 3(f)(vi) of the la act as amended by act 68 of 1984 is irrelevant and that it is only section 3 (f)(iv)(a) as incorporated under the state amendment act 17 of 1961 which is to be taken into consideration. the additional requirement of the need for a ..... that the khb act is a special enactment and if viewed for its pith and substance, acquisition of land is merely .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-02-2014
..... are also different and the scope of their respective jurisdictions are distinct and separate. from the date of insertion of section 27a till the amendment act, both the revisional authority as well as the appellate authority functioned simultaneously within their respective jurisdictions. any order passed by the deputy commissioner under ..... section 10 was appealable and not revisable. merely because the appellate remedy has been omitted by the amendment act would not confer any jurisdiction on the regional commissioner to revise an order passed by the deputy commissioner, (now the land 41 tribunal). in ..... others v. rangaswamy chettiar [(1980) 4 scc259, it has been observed as under:- 33 2. appeal and revision are expressions of common usage in indian statute and the distinction between appellate jurisdiction and revisional jurisdiction is well known though not well defined. ordinarily, appellate jurisdiction involves a rehearing, as it .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-17-2014
..... is the defendants who were in possession of the properties as the suit properties had been acquired by the government for the purpose of the defence department. after the amendment of the plaint, the plaintiffs have not led any evidence. therefore, there is absolutely no evidence to substantiate and prove the assertion that the plaintiffs were dispossessed ..... about 13 years after the filing of the suit were barred by time. the trial court ought not to have allowed such an amendment which was barred by time. as per article 64 of the limitation act, the suit for possession ought to have been filed within 12 years from the date of dispossession. therefore, the contention of mr. ..... holla that the amendment of the plaint once allowed will relate back to the date of filing of the suit cannot be accepted in .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-03-2014
..... , an award cannot be made in respect of these lands which were not the subject matter of the declaration. it is contended that the declaration cannot be amended and the corrigendum has also not been notified individually to the petitioners nor published in the locality or newspapers and hence they are void and deserve to be ignored ..... and final notifications. xxxxx 7. without considering the valid objections raised by the petitioners, the first respondent has issued the final notification under section 6(1) of the act, which is dated 9.5.1991 and published in the karnataka gazette, which is produced and marked as annexure-d." it is thus contended that the petitioners were ..... of the above contentions, it would appear that if a particular item of land is incorrectly referred to in the notification issued under section 4 of the la act and without correction of such an error, which correction should be duly published in the gazette, all further action if taken in respect of the item of land .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-14-2014
..... police, for the offences punishable under section 13(1)(b)(d)(i)(ii)(iii)(e) and 13(2) of the 3 prevention of corruption act, 1988 and also u/s. 120b, 420, 465, 468 of the ipc.2. the brief factual matrix as could be seen from the records are that: the second respondent herein lodged a private complaint against the ..... has to be obtained from the competent authority, so far as it relates to the mps. and mlas. in the same paragraph, it is also suggested that a suitable amendment in law has to be made by parliament in that regard, before filing of the charge sheet by the prosecuting agency, in respect of an offence punishable u/s.7 ..... court in subramanian swamy v. manmohan 20 singh. the learned senior counsel submitted that the question of sanction is of paramount importance for protecting a public servant who has acted in good faith while performing his duties. the purpose of obtaining sanction is to see that the public servant be not unnecessarily harassed on a complaint, failing which it .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-04-2014
..... to aided minority schools is not correct.47. in the result, we hold that the constitution (ninety-third amendment) act, 2005 inserting clause (5) of article 15 of the constitution and the constitution (eighty-sixth amendment) act, 2002 inserting article 21a of the constitution do not alter the basic structure 17 or framework of the constitution and ..... are constitutionally valid. we also hold that the 2009 act is not ultra vires article 19(1)(g) of the constitution. we, ..... school run by public education society is declared as a minority educational institution under section 2(g) of the national commission for minority educational institutions 15 act, 2004 ( 2004 act for short) on 8.5.2013. he submits that the minority status is for all the schools run by the said management. to avoid any .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-09-2014
..... would sit on the lips of a dying man only if he is under expectation of death. 9. dying declaration is admissible in evidence under section 32 of the indian evidence act. we have come across in many number of cases that dying declaration recorded in presence of the culprits namely husband/in laws; the real names of the culprits would not ..... dead. in that process a real culprit may escape. law does not prescribe who has to record and in which format. hence, we trust and hope that the legislature would amend the law and adopt a procedure for recording dying declaration of a victim of burns or allied cases, in the presence of a judicial officer. accordingly, we answer point no ..... the case as to which of the statements of lhe victim is acceptable. therefore, we deem it fit to observe that i; is the high time for the legislature to amend the iaw and provide that the dying declaration of a victim shall be recorded in the presence of a judicial officer. 2. in the instant case, if is alleged that .....
Tag this Judgment!Court : Karnataka Gulbarga
Decided on : Aug-02-2014
..... are left to their remedy against the owner of the offending vehicle. incidentally, an argument canvassed by the learned counsel for the respondent - claimants that the motor vehicles (amendment) act, 1994, while amending sub-section (2) of section 10, has sought to substitute clause "(e) transport vehicle", for clauses (e) to (h) - ((e) medium goods vehicle, ..... carriage vehicle ". a driver who had a valid licence to drive motor vehicles, therefore, was authorised to drive a light goods vehicle as well. 21. the amendments carried out in the rules having a prospective operation, the licence held by the driver of the vehicle in question cannot be said to be invalid in law ..... in national insurance company limited v. annappa irappa nesaria. in that, in nesaria, the accident had occurred before 28th maich 2001, from which date an amendment to the central motor vehicle rules came into force, whereby a licence granted in fcrm-6 required a specific authorization to drive a 'transport vehicle'. as .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-14-2014
..... for the offences punishable under section 13( 1) (b) (d) (i) (ii) (iii) (e) and 13(2) of the prevention of corruption act, 1988 and also u/s. 120b, 420, 465, 468 of the ipc. 2. the brief factual matrix as could be seen from the records are that: the second respondent herein lodged a private complaint against die petitioner ..... to be obtained from the competent authority, so far as it relates to the mps. and mlas. in the same paragraph, it is also suggested that a suitable amendment in law has to be made by parliament in that regard, before filing of the charge sheet by the prosecuting agency, in respect of an offence punishable u/s.7 ..... court in subramanian swamy v. manmohan singh. the learned senior counsel submittedi that the question of sanction is of paramount importance for protecting a public servant who has acted in good faith while performing his duties. the purpose of obtaining sanction is to see that the public servant be not unnecessarily harassed on a complaint failing which it .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-11-2014
..... 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 cede. 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 .....
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