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 : 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 : Jan-06-2014
..... carried out and the other claim petition was left as it is, i.e. as the one filed under section 166 of the m.v. act, without carrying out amendment. 8. it is further significant to note the observation made by the tribunal at paragraph 9 of its judgment that, when the cases were posted for arguments, there was ..... 2. the claimants in both the claim petitions had filed the claim petitions originally under section 166 of the motor vehicles act, but, subsequently, by way of amendment, the same were converted into under section 163-a of the m.v. act. they contended that, when the deceased was travelling in his own tata sumo bearing registration no.ka-13/b-6363 ..... matter was taken up for consideration. further, he submitted that the tribunal ought not to have allowed the amendment applications filed for conversion of the claim petitions from section 166 of m.v. act to under section 163-a of the m.v. act and the same cannot be sustained. in fact, in the case on hand, the deceased had annual income .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-18-2014
..... acquisition proceedings were delayed endlessly and land owners were deprived of just compensation under law and consequently the constitutional right was violated, the parliament amended the land acquisition act prescribing the time limit. according to the parliament, one year is the reasonable time for passing of a final declaration and two years ..... provisions contained in section 6(1) and 11a is not incorporated in this act or after the parliament amended the land acquisition act in 1984, the state legislature did not think it fit to bring in similar provisions under the act, it does not mean that the state government can exercise its power for ..... has since attained finality as extracted hereunder: sl .no.datedescription of acquisition proceedingsremarks113.06.2005preliminary notification cation issued under section 28(1) of the kiadb act by the first respondent vide no. ci 150 spq 2005annexure-a published in the karnataka gazette on 15-06-2005229/01/2007final notification issued under .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-29-2014
..... if he files a suit or takes other legal proceedings for the realisation of his security he is bound under section 231 (corresponding with section 171 of the indian companies act) to obtain the leave of the winding up court before he can ao so although such leave would almost automatically be granted." 17. in international coach builders ltd ..... pro tanto must be treated as special law made by parliament. thus it was held that since the amendments of the act were made by the late act of 1985, they would override the provisions of section 29 of the sfc act. as a matter of fact, the supreme court agreeing with the view expressed in a.p. state ..... dealing with special provisions contained in sections 29, 30, 31 and 32 of the state financial corporation act (for short "sfc act") and the amendments made in section 529 and 529a of the act, having considered the fact that though the sfc act was enacted in 1951, the provisions contained in section 529 and 529a were introduced in 1985 and therefore .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-10-2014
..... the memory of man runneth not to the contrary" should not be strictly applied to indian conditions. all that is necessary to prove is that the usage has been acted upon in practice for such a long period and with such invariability as to show that ..... son was still alive and he died on 10.06.1987. to this amended plaint, the defendants filed additional written statement denying the said pleading. 7. in the light of the pleadings of ..... in several subsequent decisions. the manner, in which the lower appellate court has considered the provisions contained in section 10 of the act, is also contrary to the provisions contained in the very section. therefore, the judgment of the lower appellate court reversing the ..... the suit is liable to be dismissed. 6. subsequently, the plaintiff amended the plaint by deleting a sentence in paragraphs 3 and 4 of the plaint. the sum and substance of the amendment was as on the date of the alleged adoption deed their natural .....
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 : 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
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 : Feb-26-2014
..... towards the petitioners, the petitioners' claim for revision of the licence fee based on annexures-b and c, till the rule 46-e was amended by way of substitution, on 26.07.2013, has no legal basis. 20. in the absence of legislative rules, it was competent to ..... the government of karnataka, on 21.12.1995, to appoint licensed surveyors, karnataka land revenue act, 1964 (for short, 'the act), was amended on 30.04.1999. s.18-a was inserted in the act by karnataka act no. 14 of 1999. third proviso to s.128 and clause (c) to s.131 ..... having been regulated in terms of the sub-s.(2) of s.18-a of the act read with rule 46-e and the payment having been made accordingly, till the rules were amended by way of substitution as per the notification no.rd 143 bhudasa 2012, dated 26.07 ..... of the act were inserted by act no. 14 of 1999. rules 46-a to 46-k .....
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