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
..... court on 05th january 2017 holding that the aforesaid supreme court's decision relied upon by the revenue is not applicable to the assessment year 2012-2013 in question, because the said decision dealt with the interpretation of the deduction under section 80p(2)(a)(i) of the act and not under section 80p(2)(d) of the act and the court has held that the co-operative bank is a specie of the genus term co-operative society and ..... engaged in supplying milk, oilseeds, fruits or vegetables, as the case may be, to the public), the whole of the amount of profits and gains of such business; (c) in the case of a co-operative society engaged in activities other than those specified in clause (a) or clause (b) (either independently of, or in addition to, all or any of the activities so specified), so much of its profits and gains attributable to such activities as does not exceed,- (i) where such co-operative society is a consumers' co-operative society, one hundred thousand rupees ..... the purpose of supplying them to its members, the whole of the amount of profits and gains of business attributable to any one or more of such activities: provided that in the case of a co-operative society falling under sub-clause (vi), or sub-clause (vii), the rules and bye-laws of the society restrict the voting rights to the following classes of its members, namely:- (1) the individuals who contribute their labour or, as the case may be, carry on the fishing .....
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
..... 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
..... 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
..... .11. in the light of law laid down by the larger bench in the case of vineeta sharma and in view of interpretation of amended section 6 in the above cited judgment, what emerges is that sub-section (1) of section 6 envisages existence of joint hindu family when the amendment came into ..... a. the reference made in the vineeta sharma s case (supra) by the supreme court of india stemmed from conflicting views and interpretations regarding the rights of daughters in ancestral property under section 6 of the hindu succession act, ..... connotation. the apex court in the above cited judgment also pointed out that in the case of interpretation of statute, specially relating to 5 air2000sc43415 womenfolk, due weight should be given to the constitutional requirement of equality and status ..... daughters. the supreme court's reference in the vineeta sharma s case aimed to resolve these disparities and establish a definitive interpretation to bring clarity to the legal landscape concerning daughters' inheritance rights. 19 ..... prospectively. the court sought to address these conflicting views and provide a clear and consistent legal interpretation to ensure uniformity in matters of inheritance for ..... constitution. courts, when interpreting and applying the law, often strive to uphold these fundamental principles and may intervene to ensure that the rights of individuals, irrespective of gender, are protected and ..... legislation. therefore, it should be interpreted with widest possible .....
Tag this Judgment!Court : Karnataka Dharwad
..... 2 of the act provides for interpretation of the terms contained herein. ..... allowing the appeal, the supreme court held that the definition of light motor vehicle as given in clause (21) of section 2 of the act can apply only to a light goods vehicle or a light transport ..... if this interpretation is not given to the beneficent provisions of the act having regard to its purport and object, we fail to see a situation where beneficent provisions can be given effect ..... counsel for the petitioner is accepted, the same would render the proviso to sub-section(4) as well as sub-section (5) of section 149 of the act otiose, nor can any effective meaning be attributed to the liability clause of the insurance company contained in sub-section (1) of section 149. ..... we have construed and determined the scope of sub-clause (ii) of sub-section (2) of section 149 of the ..... medium goods vehicle, (f) medium passenger motor vehicle, (g) heavy goods vehicle and (h) heavy passenger motor vehicle - by the above amendment the above clauses, (e) to (h), were substituted by a single clause (e) thus: (e) transport vehicle incidentally, sub-section (2) of section 10 specifies light motor vehicle under clause (d), thereof. ..... light transport vehicle otherwise has to be covered by the definition of motor vehicle or vehicle as given in clause (28) of section 2 of the act. ..... the definition clause in section 2 of the act defines various categories of vehicles which are covered in broad types mentioned in sub-section (2) of .....
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
..... venugopal, the learned senior counsel for the respondent in ca no.8213 of 2001, that the phrase any offence as occurring in section 8(3) of rpa should be interpreted to mean a single offence and unless and until the term of imprisonment for any one of the offences out of the several offences for which the accused has been convicted and sentenced is 2 ..... (2) if any person carrying on business in notified agricultural produce as a commission agent in the market yard or private market fails to comply the responsibility of payment of price to the seller under clause (c) of sub-section (2) of section 78 without any reasonable cause shall on conviction be punished with imprisonment for a term which may extend to six months and with fine which may extend to twice the value ..... person carrying on business in notified agricultural produce as a commission agent in the market yard or private market fails to comply his duty as specified under clause (a) and (b) of sub-section (2) of section 78 without any reasonable cause he shall on conviction be punished with fine not exceeding rupees five thousand. ..... of the statute itself but at the same time, as casus omissus should not be readily inferred and for that purpose, all the parts of a statute or section must be construed together and every clause of a section should be construed with reference to the context and other clauses thereof so that the construction to be put on a particular provision makes a consistent enactment of the whole statute. .....
Tag this Judgment!Court : Karnataka Dharwad
..... venugopal, the learned senior counsel for the respondent in ca no.8213 of 2001, that the phrase any offence as occurring in section 8(3) of rpa should be interpreted to mean a single offence and unless and until the term of imprisonment for any one of the offences out of the several offences for which the accused has been convicted and sentenced is 2 ..... (2) if any person carrying on business in notified agricultural produce as a commission agent in the market yard or private market fails to comply the responsibility of payment of price to the seller under clause (c) of sub-section (2) of section 78 without any reasonable cause shall on conviction be punished with imprisonment for a term which may extend to six months and with fine which may extend to twice the value ..... person carrying on business in notified agricultural produce as a commission agent in the market yard or private market fails to comply his duty as specified under clause (a) and (b) of sub-section (2) of section 78 without any reasonable cause he shall on conviction be punished with fine not exceeding rupees five thousand. ..... of the statute itself but at the same time, as casus omissus should not be readily inferred and for that purpose, all the parts of a statute or section must be construed together and every clause of a section should be construed with reference to the context and other clauses thereof so that the construction to be put on a particular provision makes a consistent enactment of the whole statute. .....
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