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 33 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 ..... 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 such 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
..... 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
..... while interpreting that clause, one need not be constricted by the use of words on failure to elect members of the grama panchayat in the heading of the section or the words immediately after the establishment of such grama panchayat in the preamble to sub-section(1), as the words any other sufficient reasons whatsoever are words of wide import and therefore, have to be given an expansive interpretation rather than a ..... of the words any , other , and whatsoever are words which, when used independently of each other are of significance and when used collectively in a single clause implies that the legislature intended that any other reason or circumstance is de hors clauses(i) and (ii) and any reason, if was a sufficient reason could be the basis for appointment of an administrator.8. ..... but a circumstance as in the instant case could be considered under that clause as it can be construed to be a sufficient reason for appointment of an administrator or an administrative committee as in ..... that clause is a clause which is in the nature of an omnibus clause which has not specifically enunciated the circumstances which would require appointment of an 11 administrator ..... section 8(1)(a)(iii) is a 5 general clause which states that for any other reason whatsoever , an ..... therefore, that clause has been invoked by the second respondent-deputy commissioner to appoint the administrator for the respondent-gram panchayat, as out of total nine members, six members have resigned and that there is no .....
Tag this Judgment!Court : Karnataka Dharwad
..... 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 and ..... 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 ..... 13 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 18 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
..... 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
..... the divergent views expressed by different high courts if understood logically, in my opinion the second set of rulings stand to the logic and also properly and correctly interpreted the law, and also intention of the legislators in bringing the special enactment and empowering the police officer with a power to arrest a person without a warrant under peculiar circumstances 76 of each offences, in contrast to the general ..... the context means, the statute as a whole, the previous statute if any, or any other connecting statutes in pari- materia, the general scope of the statute and the specific and special intention of the legislature, every clause of a statute should be construed with reference to the context and other clauses of the act, as far as 56 possible, to make a provision consistent with the entire enactment or series of statutes, or with other relevant statutes relating to the subject matter.13. ..... section 78(1) is an offence which prescribes a punishment of imprisonment which may extend to one year or with fine and sub clause (2) is also an offence which is punishable with imprisonment which may extend to one month or with fine. ..... sec.460 (e) of the code saves any irregularity in taking cognizance of an offence under 101 clause (a) or clause (b) of sub section (1) of section 190 of the code. ..... chapter xi miscellaneous56163 (3) 8 days 10/- for every breach of any rule under clause (ii) of s-s(2) the offender shall, on conviction. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the divergent views expressed by different high courts if understood logically, in my opinion the second set of rulings stand to the logic and also properly and correctly interpreted the law, and also intention of the legislators in bringing the special enactment and empowering the police officer with a power to arrest a person without a warrant under peculiar circumstances of each offences, in contrast to the ..... context means, the statute as a whole, the previous statute if any, or any other connecting statutes in pari-materia, the general scope of the statute and the specific and special intention of the legislature, every clause of a statute should be construed with reference to the context and other clauses of the act, as far as possible, to make a provision consistent with the entire enactment or series of statutes, or with other relevant statutes relating to the subject matter. 13. ..... 78(1) is an offence which prescribes a punishment of imprisonment which may extend to one year or with fine and sub clause (2) is also an offence which is punishable with imprisonment which may extend to one month or with fine. ..... 460 (e) of the code saves any irregularity in taking cognizance of an offence under clause (a) or clause (b) of sub section (1) of section 190 of the code. ..... sub clause (k) of section 461 of the code provides that, if any magistrate not being empowered by law in this behalf takes cognizance of an offence under sub clause (c) of sub section (1) of sec.190 of the code is also .....
Tag this Judgment!Court : Karnataka Dharwad
..... ) 353 : (2004) scc 691), the apex court while interpreting the scope of section 13(1)(e) of the 1988 act has held thus in paras 5 to 7: 5 ..... for the appellant urged that the view taken on section 5(3) cannot be imported to clause (e) of section 5(1) and the decision, therefore, requires reconsideration. ..... under the new clause, the earlier concept of "known sources of income" has undergone a radical ..... the first part of clause (e) of section 5(1) as seen earlier relates to the proof of assets possessed by the public ..... clause (e) of sub-section (1) of section 13 corresponds to clause (e) of sub-section (1) of section 5 of the prevention of corruption act, 1947 (referred to as 'the old act ..... clause (e) of sub-section (1) of section 13 of the act of 1988 corresponds to clause (e) of section 5 of 1947 ..... the learned special judge could not have pressed the explanation to section 13(1)(e) of the act of 1988 into service to the case on hand and such exercise made by the learned special judge is contrary to the article 20, clause (1) of constitution of india. 10. ..... according to clause (1) of said article, no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence nor be subjected to a penalty greater than that which might have ..... seems to be focussing too much only on one part of clause (e) of section 5(1). ..... is significant to note that there is useful parallel found in section 5(3) and clause (e) of section 5(1). .....
Tag this Judgment!Court : Karnataka Dharwad
..... up sugar mills association and others reported in air 2004 sc 3697 (supra) and the observation made in slp (c) 8194 - 8198/2010 dated 29/3/2010 (annexure-r13), i am of the considered view that the said issue regarding interpretation of clause 3, 3a and 6 of the sugar control order, 1966 vis-a-vis. ..... of the sugarcane to the seller or tender to him the price of the cane sold at the rate agreed to between the producer and the sugarcane grower or the sugarcane growers co-operative society or that fixed under sub-clause(1), as the case may be, either at the gate of the factory or at the cane collection centre or transfer or deposit the necessary amount in the bank account of the seller or the cooperative society, as the case may ..... it is under these circumstances, as it is clear from the reference order, the learned single judge felt, it is time that some of the relevant provisions are interpreted by this court, so that it would act as a guidance to the farmers and to the sugar factory as well as to the government so that regular litigation of this nature getting repeated every year could be avoided ..... versus state of maharashtra and othersreported in air 1998 supreme court 1937,where the apex court was interpreting regulation 5 of the supply of sugarcane wherein it has been laid down under what circumstances a permit or officer may allow a sugar factory to purchase cane after supply of cane or cane growers from the areas other than the area reserved for under clause 3 came to be analysed. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the interpretation clause as regard the expression 'abet' does not refer to the definition of abetment as contained in section 107 of ipc. ..... according to section 25 of the kcoc act, whoever being a public servant renders any help or support in any manner in the commission of organized crime as defined in clause (e) of section 2, whether before or after the commission of any offence by a member of an organized crime syndicate or abstains from taking lawful measures under the act or intentionally avoids to carry out the directions of any court or of the superior ..... a statute, it is trite, should not be interpreted in such a manner as would lead to absurdity. .....
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