Court : Karnataka Dharwad
..... however, it is to be noticed that there is a seriously disputed question of fact which the authorities under the it act have taken upon themselves to interpret in the face of the br act prescribing that in the event of a dispute as to the primary object or principal business of any co-operative society referred to in clauses (cciv), (ccv) and (ccvi) of section 56 of the br act, a determination thereof by the reserve bank shall be final, would require the dispute to be resolved by the reserve bank of ..... as references to commencement of the banking laws (application to co-operative societies) act, 1965 (23 of 1965); (b) in section 2, the words and figures the companies act, 1956 (1 of 1956) and shall be omitted; (c) in section 5, - [(i) after clause (cc), the following clauses shall be inserted, namely:- (cci) co-operative bank means a state co-operative bank, a central co-operative bank and a primary co-operative bank; (ccii) co-operative credit society means a co-operative society, the primary object of which is to provide ..... for agricultural purposes or for purposes connected with agricultural activities (including the marketing of crops); and (2) the bye-laws of which do not permit admission of any other co-operative society as member: provided that this sub-clause shall not apply to the admission of a co-operative bank as a member by reason of sub co-operative bank sub-scribing to the share capital of such co-operative society out of funds provided by the state government for .....
Tag this Judgment!Court : Karnataka Dharwad
..... it is seen that the said judgments, upon which reliance is placed by the learned single judge, are rendered under the karnataka co-operative societies act, 1959 (for short referred to as the act while interpreting the scope of section 30b of the act. ..... the said rulings have been rendered under the karnataka co-operative society act while interpreting the scope of section 30b of the act. ..... this court is unable to accept the interpretation placed by the petitioners on the order dated 15/11/2016. 27. ..... by sub-clause (4), it is provided that, notwithstanding anything contained in any law for the time being in force, the state government may issue instructions, relating to all matters concerned with elections to the market committees, including directions for ..... a reading of the provisions of section 13(4) of the apmc act would demonstrate that the provision begins with a non-obstante clause. .....
Tag this Judgment!Court : Karnataka Dharwad
..... limitation commences immediately after the sale deed is executed in favour of the lessee respondent or whether as is provided in the lease agreement between the khb and the respondent herein as lessee, and there is also a clause that during the period of 180 months there shall not be alienation - this, according to my opinion, has to be the date to be reckoned for the period of alienation that is, after completion of 180 months ..... the pertinent question to be answered is regarding commencement of point of limitation whether it is from the date of execution of the sale deed as per the interpretation between the khb and the respondent and that forms the basis to create alienable interest in favour of the respondent to execute the absolute sale deed without there ..... since the sale deed is executed in the year 2000 in favour of the respondent by the karnataka housing board and thereafter since also there was a non-alienation clause provided in the agreement itself by the lessor, the suit filed by the appellant is within three years of the expiry of fifteen years, also from the date of lease of the ..... now we are dealing with the interpretation of the contents of the agreement as ..... the khb immediately after completion of 120 months or ten years but further more with regard to non-alienation of the property is concerned, the intentment of the legislation has to be interpreted as a strict interpretation at times. ..... of course, this is a matter of interpretation as to the evidence let in by the .....
Tag this Judgment!Court : Karnataka Dharwad
..... cruelty since not defined in the act, one has to fall back on judicial interpretations as to what amounts to cruelty in the eye of law. ..... in this clause,-- (a) the expression mental disorder means mental illness, arrested of incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia; (b) xxxxxxxxxxxxxxxx 9. .....
Tag this Judgment!Court : Karnataka Dharwad
..... cruelty since not defined in the act, one has to fall back on judicial interpretations as to what amounts to cruelty in the eye of law. ..... in this clause, -- (a) the expression mental disorder means mental illness, arrested of incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia; (b) xxxxxxxxxxxxxxxxxxx 9. .....
Tag this Judgment!Court : Karnataka Dharwad
..... legal meaning depends on the relationship between the subjective and objective purposes; that is, between the original intent of the text s author and the intent of a reasonable author and of the legal system at the time of interpretation the above observations although focus on the instruments of law they nonetheless come handy in construing govt. ..... our examination of the matter: both the sides have made extensive submissions placing their own interpretation on the provisions of the 2009 act and pressing into service certain rulings. ..... aharon barack in his book, purposive interpretation in law (princeton university press 2005) writes is worth adverting to: all legal interpretation must start by establishing a range of semantic meanings for a given text, from which the legal meaning is then drawn. ..... this apart, it has been a cardinal principle of interpretation of statutes that all provisions of an act should be construed as an integral whole so that none of its provisions is rendered otiose. ..... in purposive interpretation, the text s purpose is the criterion for establishing which of the semantic meanings yields the legal - 30 - wa no.100030 of 2022 c/w wa no.100076 of2022meaning. ..... (c) clause (e) of section 9 empowers the govt. .....
Tag this Judgment!Court : Karnataka Dharwad
..... legal meaning depends on the relationship between the subjective and objective purposes; that is, between the original intent of the text s author and the intent of a reasonable author and of the legal system at the time of interpretation the above observations although focus on the instruments of law they nonetheless come handy in construing govt. ..... our examination of the matter: both the sides have made extensive submissions placing their own interpretation on the provisions of the 2009 act and pressing into service certain rulings. ..... aharon barack in his book, purposive interpretation in law (princeton university press 2005) writes is worth adverting to: all legal interpretation must start by establishing a range of semantic meanings for a given text, from which the legal meaning is then drawn. ..... this apart, it has been a cardinal principle of interpretation of statutes that all provisions of an act should be construed as an integral whole so that none of its provisions is rendered otiose. ..... in purposive interpretation, the text s purpose is the criterion for establishing which of the semantic meanings yields the legal - 30 - wa no.100030 of 2022 c/w wa no.100076 of2022meaning. ..... (c) clause (e) of section 9 empowers the govt. .....
Tag this Judgment!Court : Karnataka Dharwad
..... family governed by mitakshara law, 34 any reference to hindu mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener; it was explained that since sub clauses (b), (c) and subsequent part of sub-section (1) are not conditioned or circumscribed by clause (a), a daughter born before the date of commencement of the amendment act shall also have the same rights in her father s coparcernary property, (but of course with effect form the ..... (emphasis supplied) while the indian cases in this category are catalogued in the principles of statutory interpretation by justice g.p.singh (13th edition 2012, chapter 6, pages 561-567), it is necessary to refer to the leading decision of the constitution bench of the ..... v.padma, air2010kar 124, did not lay down the correct legal position in interpreting section 6 of the hindu succession (amendment) act, 2005, particularly sub-section (5) and the explanation thereto, and this court having adopted the opinion expressed by the ..... iv) even if the daughter of a coparcener has by birth become coparcener in her own right in the same manner as a son in terms of clause (a) and as also she has the same rights in the coparcenary property as she would have had if she had been a son in terms of clause (b), the same shall not affect or invalidate any disposition or alienation including any partition which is duly registered under the registration act, 1908 or effected by ..... the rules of interpretation of statute raise ..... of interpretation. .....
Tag this Judgment!Court : Karnataka Dharwad
..... on behalf of the petitioner/employee, on the other hand, would contend that the only manner of interpreting the regulations is that the 2 wa no.3251/2018 - 6 - nc:2023. ..... (1) where any departmental or judicial proceedings is instituted under regulation 171 or where a departmental proceedings is continued under clause (a) of the provision thereto against an employee who has retired on attaining the age of superannuation or otherwise, he shall be paid the period commencing from the date of his retirement to the date on which upon conclusion ..... it is further contended that the interpretation of regulations 171 and 172 ought to be done on the basis of the said regulations and it would not be permissible to travel beyond the plain language by importing the language of similar regulations covering an identical ..... such interpretation would be necessary taking note of nature of the pension being a reward for the past services rendered and if sought to be withheld, the same must be sanctioned ..... while interpreting regulation 171, the words any pecuniary loss caused to the board , are required to be construed as a condition precedent even as regards enquiry sought to be initiated after attaining superannuation in terms ..... (2) payment of provisional pension made under clause(1) shall be adjusted against the final retirement benefits sanctioned to such employee upon conclusion of the aforesaid proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional .....
Tag this Judgment!Court : Karnataka Dharwad
..... of the amendment act, in a joint hindu family governed by mitakshara law, any reference to hindu mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener;" it was explained that since sub clauses (b), (c) and subsequent part of sub-section (1) are not conditioned or circumscribed by clause (a), a daughter born before the date of commencement of the amendment act shall also have the same rights in her father's coparcernary property, (but of course with effect form the date ..... " (emphasis supplied) while the indian cases in this category are catalogued in the "principles of statutory interpretation" by justice g.p.singh (13th edition 2012, chapter 6, pages 561-567), it is necessary to refer to the leading decision of the constitution bench of the supreme court in state of jammu and kashmir vs. ..... iv) even if the daughter of a coparcener has by birth become coparcener in her own right in the same manner as a son in terms of clause (a) and as also she has the same rights in the coparcenary property as she would have had if she had been a son in terms of clause (b), the same shall not affect or invalidate any disposition or alienation including any partition which is duly registered under the registration act, 1908 or effected by decree of a court or testamentary disposition of ..... the rules of interpretation of statute raise a presumption against such retrospective effect to a legislation. ..... this was on the basis of the mischief theory of interpretation. .....
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