Court : Karnataka
..... by judgment dated 17/11/2015 in maha ganpati shankara devasthana, sirsi, (supra), the division bench struck down the karnataka hindu religious institutions and charitable endowments (amendment) act, 2011 and act no.12/2012 by the same name as being discriminatory and in violation of constitutional rights.85. further, on 16/03/2013 in exercise of the powers ..... the existence of any fact, the burden of proof lies on that person. this is - 202 - evident from a reading of section 101 of the indian evidence act, 1872 ( evidence act for short). section 101 is based on the rule that the burden of proving the fact rests on the party who substantially asserts the affirmative of the ..... section 2(20), it is stated that words and expressions used, but not defined in the bpt act and defined in indian trust act, 1882 shall have the same meaning assigned to them in that act. section 2(9) of bpt act defines the expression math to mean an institution for the promotion of hindu religion presided over by a .....
Tag this Judgment!Court : Karnataka Dharwad
..... prayers in wp84805 868/2011, wp721572012 and wp8079680822/2013 and wp656482011:- 48 a) to declare that the karnataka hindu religious institutions and charitable endowments (amendment) act 2011 (karnataka act no.27 of 2011) as discriminatory, violative of constitutional rights, unconstitutional and strike down the same in its entirety; b) alternatively, to declare ..... be assigned to the executive officer.2) the executive officer shall be deemed to be a public servant within the meaning of section 21 of the indian penal code, 1860. section 47: action against executive officer:- the commissioner, may for good and sufficient cause, suspend an executive officer or initiate ..... institution; the establishment and (d) maintenance veda patashalas, agama patashalas and schools for training the archakas, and for the study of ancient scripts and indian languages for that purpose; (e) the establishment and maintenance of a university or college or other institution having for its object the study of hindu .....
Tag this Judgment!Court : Karnataka Dharwad
..... in the case of state of tamil nadu vs state of kerala reported in air2014sc2407while examining the constitutionality of kerala irrigation and water conservation (amendment) act, 2006 and declaring it as unconstitutional in its application to and effect on the mullaperiar dam was also examining the separation of powers between ..... other words, of separation of power though not expressly engrafted in the constitution, sweep, operation and visibility are apparent from the scheme of constitution. indian has made constitution demarcation, without drawing formal lines between the legislature, executive and judiciary. in that sense, even in the absence of express provision ..... separation of powers. independence of courts from the executive and legislature is fundamental to the rule of law and one of the basic tenets of indian constitution. separation of judicial power is a significant constitutional principle the constitution of india. under (iii) separation a of of consequence three organs powers .....
Tag this Judgment!Court : Karnataka
..... for consideration before the hon'ble supreme court. the question was as to whether karnataka silkworm, seed and cocoon (regulation of production, supply and distribution) (amendment) act, 1979 was enacted with legislative competence by the state legislature in the face of a declaration as to expediency of the union government to control having been made ..... mining operations under orissa mining areas development fund act, 1952 as amended by 1989 act came up for consideration. in view of the declaration made under section 2 of mmdr act, it was held that the orissa act was beyond the purview of the state legislature. in state of bihar vs. indian alluminium company, the validity of bihar forest ..... forest was inserted in the concurrent list by virtue of the 42nd amendment made to the constitution w.e.f. 03/01/1977. earlier, the subject, forest was in entry 19 of list ii i.e., the state list. the indian forest act, 1927 (central act), which is a pre-constitution statute was in force in british india .....
Tag this Judgment!Court : Karnataka
..... )4 scc602 (hitendra vishnu thakur), the hon ble supreme court in the context of substantive and procedural law has laid down the ambit and scope of an amending act and its retrospective operation in the following terms: (i) a statute which affects substantive rights is presumed to be prospective in operation unless made retrospective, either expressly ..... of adjudication of the pre-emption suit and the appellate court was not required to take into consideration the substituted provision introduced by section 15 of the amended act. thus, the hon ble supreme court, in the aforesaid decision has borne in mind the distinction between substantive law and procedural law in the context of ..... fresh enactment. thus, when an existing provision is substituted by a fresh enactment, it is a case of express repeal. c) in government of india v. indian tobacco association [(2005)7 scc396, the question that fell for the consideration of the hon ble supreme court was as to what would be the effect of subsequent .....
Tag this Judgment!Court : Karnataka
..... to any other high court. (2) when a judge has been or is so transferred, he shall, during the period he serves, after the commencement of the constitution (fifteenth amendment) act, 1963, as a judge of the other high court, be entitled to receive in addition to his 139 salary such compensatory allowance as may be determined by parliament by law ..... to any other high court. (2) when a judge has been or is so transferred, he shall, during the period he serves, after the commencement of the constitution (fifteenth amendment) act, 1963, as a judge of the other high court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by parliament by law and ..... the copies were given were of the period prior to the year 2013 etc. in one case, there is a remark that the candidate worked as assistant editor of the indian law reports for a period of three years.95. thus, when the interactions went on for a period of 10 days till 31st october, 2018 the members of the .....
Tag this Judgment!Court : Karnataka
..... or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner; the parliament amended the act and substituted section 13 by contempt of courts (amendment) act, 2006 by way of substitution which reads as under:- 13. contempts not punishable in certain cases.- notwithstanding anything contained in any ..... due to second doubts. this should not happen to the innocent devotees visiting temples , he said - 42 - similar reports have appeared in prajavani, indian express, times of india, dna city, the hindu, kannada prabha, samyuktha karnataka etc., copies of the news items published in the aforesaid news papers ..... until 2003 and stopped thereafter due to several doubts. this should not happen to the innocent devotees visiting temples. similar reports have appeared in the prajavani, indian express, times of india, dna city, the hindu, kannada prabha, samyuktha karnataka etc., copies of othe article published in the aforesaid newspapers - 32 .....
Tag this Judgment!Court : Karnataka
..... assessment was completed and the assessment order was passed under section 38(1) of the kvat act. invoking the provisions of section 63a of the kvat act, which was inserted by the karnataka value added tax (amendment) act, 2006 [karnataka act no.4 of 2006]., the revisional authority issued notice for revising the order of assessment passed ..... record of any proceedings. section 65 of the kvat act provides for revision by high court in certain cases. the legislature, by the amendment act no.4 of 2006, besides making several other amendments under the kvat act, also inserted a new section 63a of the kvat act providing for revisional powers of joint commissioner, which were ..... or reassessment proceedings where income had escaped assessment. that is not so in the present case. under sub-section (1) of section 21 of the act before its amendment, the assessing authority may, after issuing notice to the dealer and making such it may consider necessary, assess or reassess the dealer according to law. .....
Tag this Judgment!Court : Karnataka
..... as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year)." after the amending act, 1989, section 147 reads as under:"147. income escaping assessment. if the assessing officer has reason to believe that any income chargeable to tax has escaped assessment for any ..... terms of section 143[3]. that such an order has been passed on application of mind which is well known presumption in terms of section 114[e]. of the indian evidence act, 1872. merely if the assessment order is silent or does not record the reasons, would not lead to the conclusion of non - 56 - application of mind by ..... the notice - 8 - of the court, arguing that, on concluding the assessment under section 143[3]. of the act, with all the material facts available on record, the presumption u/s. 114[e]. of the indian evidence act, 1872 would be that the ao has looked into all the aspects of the matter made available in the return filed .....
Tag this Judgment!Court : Karnataka
..... secure the requisite number of votes, they were not designated as senior advocates.41. the norms fixed by the high court of karnataka under section 16(2) of the act, as amended by the full court resolution dated 13/02/2014 reads as under:- 1.the name of an advocate for being designated as a senior advocate may be sponsored in any ..... the process adopted by the court is in consonance with the norms fixed by the court under sub-section (2) of section 16 of the act. the norms have been amended from time to time and the latest amendment was by resolution dated 13/02/2014 passed by the court on its administrative side. it is contended that section 16(2) prescribes certain .....
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