Court : Mumbai
Decided on : Jan-07-2014
..... on the date of coming into force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction) (amendment) act, 1996 (hereinafter in this section referred to as 'the said date') (a) the state government in respect of the premises requisitioned or continued under requisition ..... the date of coming into force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction)(amendment) act, 1996, are allowed by the state government to remain in their occupation and possession, means the principal officer-in-charge of such office or ..... to the allottees of the requisitioned by providing for the state government of the government allottees becoming deemed tenants of the requisitioned premises. by the amendment act, clause 1a defining "government allottee" was inserted. another new provision inserted was section 15b providing for the state government or government allottees to .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-07-2014
..... on the date of coming into force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction) (amendment) act, 1996 (hereinafter in this section referred to as 'the said date') (a) the state government in respect of the premises requisitioned or continued under requisition ..... the date of coming into force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction)(amendment) act, 1996, are allowed by the state government to remain in their occupation and possession, means the principal officer-in-charge of such office or ..... to the allottees of the requisitioned by providing for the state government of the government allottees becoming deemed tenants of the requisitioned premises. by the amendment act, clause 1a defining "government allottee" was inserted. another new provision inserted was section 15b providing for the state government or government allottees to .....
Tag this Judgment!Court : Canada Supreme Court
Decided on : Apr-25-2014
..... and replacing it with an ability to delay the adoption of legislation; and giving the house of commons and the provincial legislatures the power to select senators: constitutional amendment act, 1978 (bill c-60), june 20, 1978, cls. 62 to 70. the bill was not adopted and, in 1980, this court concluded that parliament ..... contemplated in the provision to be implemented in a coherent manner throughout canada. [39] section 42(1)(b) of the constitution act, 1982 expressly makes the general amendment procedure applicable to amendments in relation to the powers of the senate and the method of selecting senators?. we discuss below the meaning of this statutory ..... (b. pelletier, la modification constitutionnelle au canada (1996), at p. 208) (c) the special arrangements procedure [42] section 43 of the constitution act, 1982 provides: 43. an amendment to the constitution of canada in relation to any provision that applies to one or more, but not all, provinces, including (a) any alteration to .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
Decided on : Apr-16-2014
..... extra-curial statement. he thereafter held the statement to be admissible against his co-accused, purportedly in terms of s 3 of the law of evidence amendment act 45 of 1988 (the act). [27] the first appellant chose not to testify in his defence. all the other accused testified and denied any involvement in the incident. it appears ..... . ndhlovu (supra) makes no attempt to reconcile the incongruity between the bar created by section 219 of the criminal procedure act 51 of 1977 and its application of section 3 of the law of evidence amendment act 45 of 1988. moreover, in dealing with the constituent parts of section 3, ndhlovu offers no guidance as to how ..... his only fiction being the substitution of the accused for the culprit.? [49] because the challenge in ndhlovu concerned the constitutionality of s 3 of the act, and because the enquiry focused primarily on that issue, no attention was paid to the earlier decisions of our courts in which the rule against allowing admissions and .....
Tag this Judgment!Court : Canada Supreme Court
Decided on : Mar-28-2014
..... law of the province, and were not otherwise in conflict with the geca (para. 30). [4] for example, in the case of the pulmonary tuberculosis amendment, which was followed by a regulation implementing the change (the government employees compensation regulations 1948 (pulmonary tuberculosis), sor/48-573), a provincial wcb could not deny ..... debates, vol. ii, 3rd sess., 20th parl., march 31, 1947, at p. 1892). however he affirmed that the amendment introduces a new principle? and that the new section provides something which no other provincial act, save for perhaps one, does? (pp. 1894 and 1896). [38] potential conflicts between the geca and provincial workers ..... employed (s.c. 1955, c. 33, s. 2). during first reading of these amendments, the minister responsible stated: the proposed amendments provide that the entitlement to and rates of compensation payable to an employee under the act shall be determined in accordance with and under the same circumstances as are provided under the law .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : May-07-2014
..... any selection commence, the vacancies are required to be filled in accordance with the rules applicable at the time process is initiated and not by amended rules or law, even if such amendment becomes operative during the currency of process. 6. mr. m. m. dar, learned counsel for the appellant, made some ambitious submissions when ..... the argument of mr. dar, learned counsel for the appellant that the benefit of the act deserves to be extended to the appellant again is without any substance. it is well settled that in cases of direct recruitment the amended provisions would have no retrospective application unless there is a stipulation in that regard in the advertisement ..... he argued that the provisions of the act would be available to the appellant and in accordance with section 22 of the act, 3% posts are required to be .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-18-2014
..... shall not claim equity in the event of failing in the petitions." 5. thereafter, vide order dated 25.06.2014, while allowing the petitioners' application for amendment of the writ petitions, interim application no.2/14 filed by the college for vacating the interim order dated 09.06.2014 was also heard and disposed of ..... therefore, the students cannot claim that they were not aware of minimum 70% of attendance. 11. the university was established under the karnataka state law university act, 2009 (the act of 2009) for the study and research in law in the state of karnataka. all law colleges in the state of karnataka, are affiliated to the ..... period of the law course there must be a regular attendance of the student before he can satisfy the conditions necessary for enrolment as an advocate under the advocates act, 1961." (emphasis supplied) 15.4 this court in st. philomena college, puttur (supra) while dealing with regulation providing for attendance requirements in paragraph-9 observed .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-30-2014
..... for respondent no.1. after conclusion of the arguments, an application was filed by the appellant under order-6, order-17 of c.p.c., to amend the plaint which application was considered and rejected by this court by a detailed order dated 25.02.2014 and thereafter the matter is again heard on merits. ..... 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. ..... 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 question by the society and having obtained sanction from .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-11-2014
..... as in 1957 had, in united commercial bank ltd. v. cit (1957) 32 itr 688 (sc), held that the heads of income provided for in the sections of the indian income tax act, 1922 are mutually exclusive and where any item of income falls specifically under one head, it has to be charged under that head and no other. in other words ..... the assessing officer could have proceeded to levy and assess the gains derived as capital gains. it may be that sub-section (2) of section 55 clause (a) having been amended, there is a stipulation with regard to the tenancy rights. however, even in the case of tenancy right, the view taken by the hon'ble supreme court, after the provision ..... judgment of the hon'ble supreme court in the case of cit v. b.c. srinivasa shetty [1981] 128 itr 294/5 taxman 1 and the amendment to section 55(2) of the income tax act and held that the assessee did not incur any cost to acquire the leasehold rights and that if at all any cost had been incurred it .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-27-2014
..... the supreme court held in paragraph 6 :- 6. the high court was of the view that the effect of sections 2(c), 34 and 39 of the indian arbitration act was that by filing the appeal under section 39 against the order of the cochin court refusing to stay the suit the defendants must be deemed to have conceded ..... 2004 (in p.s. sathappan) was held to be a self-contained code. now, if the arbitration act, 1940 was held to be a self-contained code, on matters pertaining to arbitration, the arbitration and conciliation act, 1996, which consolidates, amends and designs the law relating to arbitration to bring it, as much as possible, in harmony with the ..... uncitral model must be held only to be more so. once it is held that the arbitration act is a self-contained code and exhaustive, then it .....
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