Array ( [0] => ..... in the case of sha chunnilal sohanraj vs. t. gurushantappa reported in 1972(1) mys.l.j. page 327 db has held as under: "when an amending act has stated that the old sub-section has been substituted by the new sub-section the inference is that the legislature intended that the substituted provision should be deemed ..... dealing with the question whether a substituted provision necessarily means the amended provision is retrospective in nature has held as under: "a substituted section in an act is the product of an amending act and all the effects and consequences that follow in the case of an amending act the same would also follow in the case of a substituted ..... to have been part of the act from the very inception." 12. recently, the hon'ble apex court in the case of government of india vs. indian tobacco association reported in 2005(187) elt page 162 (sc), while dealing with the exemption notification which ..... [1] => ..... of court fee. during the final hearing of this appeal, the plaintiff had filed an application before this court under order vi rule 17 cpc, to amend the prayer to incorporate the following additional prayer: a [i]. or in the alternative to declare that the terms of compromise dated 29.07.1999 entered in ..... contention of the first defendant is as hereunder: the suit is not maintainable, since no notice as required under section-125 of the karnataka cooperative societies act is issued to the first defendant-society. the first defendant-society admitted its ownership of the land in 12 question by the society and having obtained sanction ..... second defendant initiated arbitration proceedings against the society in a.c. no.42/2000 before city civil court, bangalore under section-9 of the arbitration and reconciliation act to restrain the society from alienating or encumbering or parting with the possession of the 7 flats approximately measuring 10045 sft. thereafter, an arbitrator was appointed. ..... [2] => ..... the said judgment and decree dated 31.03.1980, an appeal was filed under section 96 of cpc in rfa1951980 before this court. in view of amendment to section 19 of the karnataka civil courts act and in view of enhancement of 8 pecuniary jurisdiction of the district court, appeal stood transferred from this court to the district court, dharwad and ..... the details of the marriage. taking into consideration the inconsistent stand of the 1 s t defendant and the manner in which he has chosen to get his written statement amended two years after the filing of the original written statement and the inconsistencies and suppression of material aspects from the 31 purview of the court by dws. 1 to ..... his only wife and defendants 5 2 to 4 are born out of his marriage with balawwa. two years after the filing of the written statement, it was got amended to include some material averments. according to the 1 s t defendant, the said venkavva was a lady of loose character and that she had lived with one desai ..... [3] => ..... 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 ..... [4] => ..... 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 ..... [5] => ..... 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 tribunal). in that ..... v. rangaswamy chettiar [(1980) 4 scc 259], it has been observed as under:- "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 ..... [6] => ..... been different than what is now recorded. even the attestor's testimony is sought to be questioned by the learned counsel.14. relying on section 59 of the indian succession act, she would submit, as the testator is shown to have attained 89 years at the time of execution of the will, evidence establishing he was in good ..... . 3j. kousar sultana, d/o peer ahmed, aged about21years. 3k. samira taj, d/o peer ahmed, aged about20years. all are resident of ijoor, ramanagaram town. ..appellants (amended vide court order dt:28. 05.2013) (by sri. sridevi, adv.) and mahaboob bi w/o mohammed peer sab d/o late abdul khader aged about63years r/at no.1727 ..... hosur banu, aged about18years. 3k. sameena banu, minor, represented by natural guardian peer ahmed. all are residing at no.1727, ijoor mohalla, behind ksrtc bus stand, ramanagaram. ..respondents (amended vide court order dt:28. 05.2013) (by sri n m sanaulla & sridevi) rsa filed u/s. 100 of cpc against the judgement & decree dated:29.06.2009 passed ..... [7] => ..... 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 ..... [8] => ..... 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 ..... 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 ..... [9] => ..... taking that into consideration as on the date of marriage i.e., on 10.5.1974, she has attained the age of 15 years. by way of amendment to the hindu marriage act, the age is enhanced from 15 to 18 which is subsequent to the marriage i.e., with effect from 1.10.1978. in that view of the matter ..... of the deceased devendrappa. pw2 being the mother of the deceased has deposed as to the marriage of devendrappa with the 1st plaintiff. referring the hindu marriage act, 1955 as regards the amendment of marriageable age enhanced from 15 to 18 years, observed that at the time of marriage of 1st plaintiff she was aged more than 15 years and also ..... is also the vivid evidence of all the witnesses on behalf of the plaintiff. after thorough analysis of section 5 and other provisions like section 18 of the hindu marriage act, also referring to section 11 and 12 which deal with void and voidable marriages, this court in mallikarjunaiahs case, cited supra has that though legislature desired to discourage ..... ) Indian Boilers Amendment Act 2007 Section 3 Amendment of Section 2 - Sortby Old - Court Karnataka - Year 2014 - Page 4 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 3 amendment of section 2 Sorted by: old Court: karnataka Year: 2014 Page 4 of about 70 results (0.141 seconds)

Jul 30 2014 (HC)

The Commissioner of Central Excise and Service Tax Vs. M/s. Fosroc Che ...

Court : Karnataka

Decided on : Jul-30-2014

..... in the case of sha chunnilal sohanraj vs. t. gurushantappa reported in 1972(1) mys.l.j. page 327 db has held as under: "when an amending act has stated that the old sub-section has been substituted by the new sub-section the inference is that the legislature intended that the substituted provision should be deemed ..... dealing with the question whether a substituted provision necessarily means the amended provision is retrospective in nature has held as under: "a substituted section in an act is the product of an amending act and all the effects and consequences that follow in the case of an amending act the same would also follow in the case of a substituted ..... to have been part of the act from the very inception." 12. recently, the hon'ble apex court in the case of government of india vs. indian tobacco association reported in 2005(187) elt page 162 (sc), while dealing with the exemption notification which .....

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Jul 30 2014 (HC)

M/S. Kolte Patil Developers Ltd Vs. Nti Housing Co-Operative Society

Court : Karnataka

Decided on : Jul-30-2014

..... of court fee. during the final hearing of this appeal, the plaintiff had filed an application before this court under order vi rule 17 cpc, to amend the prayer to incorporate the following additional prayer: a [i]. or in the alternative to declare that the terms of compromise dated 29.07.1999 entered in ..... contention of the first defendant is as hereunder: the suit is not maintainable, since no notice as required under section-125 of the karnataka cooperative societies act is issued to the first defendant-society. the first defendant-society admitted its ownership of the land in 12 question by the society and having obtained sanction ..... second defendant initiated arbitration proceedings against the society in a.c. no.42/2000 before city civil court, bangalore under section-9 of the arbitration and reconciliation act to restrain the society from alienating or encumbering or parting with the possession of the 7 flats approximately measuring 10045 sft. thereafter, an arbitrator was appointed. .....

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Jul 30 2014 (HC)

Ningappa S/O Kallappa Jiregewade Vs. Shankar

Court : Karnataka Dharwad

Decided on : Jul-30-2014

..... the said judgment and decree dated 31.03.1980, an appeal was filed under section 96 of cpc in rfa1951980 before this court. in view of amendment to section 19 of the karnataka civil courts act and in view of enhancement of 8 pecuniary jurisdiction of the district court, appeal stood transferred from this court to the district court, dharwad and ..... the details of the marriage. taking into consideration the inconsistent stand of the 1 s t defendant and the manner in which he has chosen to get his written statement amended two years after the filing of the original written statement and the inconsistencies and suppression of material aspects from the 31 purview of the court by dws. 1 to ..... his only wife and defendants 5 2 to 4 are born out of his marriage with balawwa. two years after the filing of the written statement, it was got amended to include some material averments. according to the 1 s t defendant, the said venkavva was a lady of loose character and that she had lived with one desai .....

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Aug 02 2014 (HC)

Sri G Manjunath Vs. The Secretary

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 .....

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Aug 02 2014 (HC)

M/s National Insurance Company Limited, Through its Divisional Manager ...

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 .....

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Aug 02 2014 (HC)

G. Manjunath and Another Vs. The Secretary, Karnataka Golf Association ...

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 tribunal). in that ..... v. rangaswamy chettiar [(1980) 4 scc 259], it has been observed as under:- "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 .....

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Aug 14 2014 (HC)

Mahaboob Bi W/O Mohammed Peer Sab Vs. Sharfunnisa Dead by Lrs

Court : Karnataka

Decided on : Aug-14-2014

..... been different than what is now recorded. even the attestor's testimony is sought to be questioned by the learned counsel.14. relying on section 59 of the indian succession act, she would submit, as the testator is shown to have attained 89 years at the time of execution of the will, evidence establishing he was in good ..... . 3j. kousar sultana, d/o peer ahmed, aged about21years. 3k. samira taj, d/o peer ahmed, aged about20years. all are resident of ijoor, ramanagaram town. ..appellants (amended vide court order dt:28. 05.2013) (by sri. sridevi, adv.) and mahaboob bi w/o mohammed peer sab d/o late abdul khader aged about63years r/at no.1727 ..... hosur banu, aged about18years. 3k. sameena banu, minor, represented by natural guardian peer ahmed. all are residing at no.1727, ijoor mohalla, behind ksrtc bus stand, ramanagaram. ..respondents (amended vide court order dt:28. 05.2013) (by sri n m sanaulla & sridevi) rsa filed u/s. 100 of cpc against the judgement & decree dated:29.06.2009 passed .....

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Aug 26 2014 (HC)

S Ramaiah Vs. Sri K Ramesh Rao

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 .....

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Aug 26 2014 (HC)

S. Ramaiah and Others Vs. K. Ramesh Rao and Another

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 ..... 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 .....

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Aug 26 2014 (HC)

Rathnamma Vs. Gurudevi and Others

Court : Karnataka Dharwad

Decided on : Aug-26-2014

..... taking that into consideration as on the date of marriage i.e., on 10.5.1974, she has attained the age of 15 years. by way of amendment to the hindu marriage act, the age is enhanced from 15 to 18 which is subsequent to the marriage i.e., with effect from 1.10.1978. in that view of the matter ..... of the deceased devendrappa. pw2 being the mother of the deceased has deposed as to the marriage of devendrappa with the 1st plaintiff. referring the hindu marriage act, 1955 as regards the amendment of marriageable age enhanced from 15 to 18 years, observed that at the time of marriage of 1st plaintiff she was aged more than 15 years and also ..... is also the vivid evidence of all the witnesses on behalf of the plaintiff. after thorough analysis of section 5 and other provisions like section 18 of the hindu marriage act, also referring to section 11 and 12 which deal with void and voidable marriages, this court in mallikarjunaiahs case, cited supra has that though legislature desired to discourage .....

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