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Neelakanthappa S/O Shivappa Asuti Vs. the State of Karnataka Rep by It ...

Court : Karnataka

Reported in : ILR2006KAR4259; 2007(1)KarLJ235

..... of the word 'year' found in section 2(d-1) of the karnataka cooperative societies act is repugnant to the definition of 'year' found in the karnataka general clauses act 1899, the definition as found in the karnataka general clauses act cannot he made applicable to the co-operative matters. ..... upon the definition of the 'year' contained in section 3(43) of the karnataka general clauses act 1899 to contend that 'year' means one year as per british calendar, i.e ..... karnataka cooperative societies act is a special and subsequent enactment which deals exclusively with the co-operative matters, the provisions contained in the co-operative societies act prevail over the definition clause of the 'year' contained in the karnataka general clauses act 1899 ..... of the karnataka general clauses act 1899 itself makes amply clear that the same is applicable unless there is anything repugnant in the subject or context in karnataka co-operative societies act. ..... of karnataka general clauses act reads ..... 2 and also for striking down section 2(d-1) of the karnataka co-operative societies act, 1959 (hereinafter referred to as 'act' for short) on the ground that the same violates article 14 of the ..... - in this act, and in all (mysore acts and karnataka acts) made after the commencement of this act, unless there is anything repugnant in the ..... act is also a karnataka ..... the word 'year' is defined in section 2(d-1) of the 'act' which reads thus:2(d-1) co-operative year or year means the year commencing from the first .....

Thomas Patrao Since Deceased by His Lr and anr. Vs. the State of Karna ...

Court : Karnataka

Reported in : ILR2005KAR4199; 2006(5)KarLJ48

..... section 21 of the karnataka general clause act, 1899, lays down that whereby any enactment, a power to issue notifications, orders, rules or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to like sanction and conditions (if any), ..... the state government is competent to cancel the notifications issued under section 28(2) and (4) of the kiadb act by virtue of its power under section 21 of the karnataka general clauses act and this power can be exercised before taking possession of the lands. ..... 48(1) is the only method in which the government can withdraw from acquisition has no force because the government can always cancel the notifications under sections 4 and 6 by virtue of its powers under section 21 of the general clauses act and this power can be exercised before the government directs the collector to take action under section. 7'27. ..... can always cancel the notification under sections 4 and 6 by virtue of its power under section 21 of the general clauses act and cancel the said notifications. ..... state government has already issued notification under section 28(2) and (4) of the act, the same has to be rescinded in accordance with section 21 of the general clauses act. ..... state government is empowered to withdraw the land from acquisition before taking its possession by cancellation of the notification issued under sub-section (2) and (4) of section 28 of the act in exercise of the power under section 21 of the general clauses act. .....

K.A. Prabhakar Vs. the Bangalore Development Authority, Bangalore and ...

Court : Karnataka

Reported in : 1999(2)KarLJ555

..... in view of section 21 of the karnataka general clauses act, 1899, read with section 32 of the bangalore development authority act, 1976, it can be said that the layout plan once bda, sanctions, it has also got power ..... karnataka general clauses act, 1899 ..... section 21 of the karnataka general clauses act, provides power to make an order includes power to add, to amend ..... raised a dispute before respondent 4, numbered as arb-1/misc/1/90-91, against respondents 2 and 3, under section 70 of the karnataka co-operative societies act, 1959, for the road having been according to the petitioner illegally converted into a site, without approval of the ..... , if it is made for addition or alteration in the layout scheme, the bda, has to consider according to the provisions of the act and to dispose of within a period of 6 months from the date of application or at least from the date of furnishing of the necessary material information by the applicant to the authority and if this is not done, then, will follow, deeming clause which is contained in sub-section (8) of section 32. ..... has not been contended by any party that application seeking approval under section 32 of the act of the modification in the scheme had been made according to law, complying with all ..... in rejoinder learned counsel for the petitioner contended that in view of provisions of section 32(5) of the act, the land did not stand vested in the society, but it stood with bda, and modification or alteration could not be made in the scheme, .....

B.L.G. Dayanand Vs. the Managing Director, Chitradurga Dcc Bank and An ...

Court : Karnataka

Reported in : ILR2000KAR3865; 2001(3)KarLJ308

..... the karnataka general clauses act, 1899, deals with the ..... section 6a of the karnataka general clauses act reads as follows:'6-a. ..... of the karnataka general clauses act reads as follows ..... 28-a(4) reads as follows:'provided that if an election to the committee of any co-operative society had already been held in accordance with the bye-laws of such society, prior to the commencement of the karnataka co-operative societies (amendment) act, 1997, the term of office of the committee of such co-operative society shall be three years including the co-operative year in which such election was held'. ..... date of completion of the said term: provided that if an election to the committee of any co-operative society had already been held in accordance with the bye-laws of suck society, prior to the commencement of the karnataka co-operative societies (amendment) act, 1997, the term of office of the committee of such co-operative society shall be three years including the co-operative year in which such election was held'. ..... arepealing section in order to give full effect to the intention of the act, the learned author was of the opinion as follows:'the courts have sometimes felt constrained to narrow the effect of a repealing section in order to give full effect to the intention of the act containing it, section 33 of a local act of 1877 (the metropolitan street improvements act 1877, incorporating the lands clauses consolidation acts, 1845, 1860 and 1869) provided for the purchase of lands for the .....

Chitti Babu Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1995KAR3109

..... in schedule i, ii or iii or not, on such date as may be specified in the notification; and on that the said provisions shall cease to be applicable to such area.provided that section 6 of the karnataka general clauses act, 1899 shall apply when any provision of this act ceases to be applicable to any area, as if it had then been repealed by a karnataka act.provided further that the issue of a notification under this sub-section shall not preclude the issue of a notification under sub-section (5) applying all or any of the ..... vijaya shankar, the learned senior counsel appearing for the petitioner, is that in view of the above notification the order of allotment made by the controller has lapsed or abated, that though section 6 of the karnataka general clauses act ('the kgc act' for short) is made applicable that provision would save only the rights vested in a party by virtue of the provisions of the repealed act and that a right which cannot be said to be a vested right would not be saved. ..... with regard to the decisions of the supreme court relied on by the petitioner's counsel he pointed out that in those cases the amendments which brought about repeal of certain provisions of the rent act had not made the provisions of the general clauses act applicable and that the supreme court also was not required to consider whether the right acquired under the repealed act stood saved by virtue of the provisions of the general clauses act. .....

Smt. C.V. Chitra Wife of Prasad Rao M.L. and ors. Vs. the State of Kar ...

Court : Karnataka

..... the 2nd respondent has also urged that neither the provisions of the karnataka general clauses act, 1899, nor the provisions of karnataka state civil services act, 1978, have any application to the rules of recruitment framed by the authorities in exercise of powers under article 234 of the constitution of india.9 ..... sah's case, as referred to herein above fully and completely answer the contentions raised by the learned counsel for the petitioners regarding the violation of the provisions contained under section 3(2)(a) read with section 8 of the karnataka state civil services act, 1978, section 23 of the karnataka general clauses act, 1899 and article 309 of the constitution of india. ..... as per section 23 of the karnataka general clauses act, 1899, it is only the authority having power to make the rules which shall, before making them, publish a draft of the proposed rules for the information of persons likely to be affected, whereas, in the instant case though the authority who is empowered to make rules is the governor of karnataka, the draft rules were published by the high court of karnataka. ..... as per section 23(3) of the karnataka general clauses act, 1899, the rule making authority is required to publish the draft rules and a notice specifying the date on or after which the draft will be taken into consideration, but as could be seen from the draft rules ..... the karnataka general clauses act, 1899, refers to 'any enactment' which prescribes the requirement of making rules after .....

Mercury Press Vs. Ameen Shacoor and ors.

Court : Karnataka

Reported in : ILR2002KAR2304; 2003(3)KarLJ505

..... and in sub-section (2) of this section, provisions of section 6 of the karnataka general clauses act, 1899 (karnataka act iii of 1899), shall so far as may be applicable in respect of repeal of the said enactment, and sections 8 and 24 of the said act shall be applicable as if the said enactment had been repealed and re-enacted by this act'.6.1 section 69 of the new act referred to in section 70(3) of the new act provides for transfer of pending cases relating to premises to which the new act applies, from court to controller where controller has jurisdiction and ..... from controller to court, where court has jurisdiction.6.2 section 6 of the karnataka general clauses act, 1899 ('gc act', for short), referred to in section 70(3), dealing with ..... (3) makes the provisions of section 6 of the karnataka general clauses act, applicable to the repeal of the karnataka rent control act, 1961, where section 70(2) is not applicable.16.1 if section 70 had contained only sub-section (1) repealing the old act and nothing more, the provisions of section 6 of the karnataka general clauses act, 1899 in its entirety would have applied. .....

Vijaya Bank, Residency Road Branch Vs. Dynasty Holdings (P) Ltd., a Co ...

Court : Karnataka

Reported in : 2009(4)KarLJ105; 2009(2)KCCR991; 2009(2)AIRKarR76; AIR2009NOC1284(D.B)

..... section 1(4) reads thus:it shall remain in force upto and inclusive of thirty-first december, 2001 and upon the expiry of this act, section 6 of the karnataka general clauses act, 1899, shall apply as if this act were a permanent karnataka act and had been repealed by a karnataka act immediately before its expiry.it is true that on the date the suit was filed in the trial court, the provisions of krc act, 1961 applied to the suit premises. ..... (3) except as otherwise provided in section 69 and in sub-section (2) of this section, provisions of section 6 of the karnataka general clauses act, 1899 (karnataka act iii of 1899), shall so far as may be, be applicable in respect of repeal of the said enactment, and sections 8 and 24 of the said act shall be/applicable as if the said enactment had been repealed and re-enacted by this act. ..... it has been held therein as follows:16.1 if section 70 had contained only sub-section (1) repealing the old act and nothing more, the provisions of section 6 of the karnataka general clauses act, 1899 in its entirety would have applied. ..... gupta sought to argue that the amendment of the act being not retrospective in operation, in view of section 6 of the general clauses act, it would not affect the pending eviction proceeding, which would continue as if the act had not been amended and therefore, the suit filed by the respondent for eviction under the general law without taking leave from the additional rent controller could not be said to be maintainable. .....

Balaji Computers and ors. Vs. the State of Karnataka Represented by It ...

Court : Karnataka

Reported in : ILR2006KAR38; [2006]147STC269(Kar)

..... they further pointed out that since section 20 of the karnataka general clauses act, 1899, provides that where, by any enactment, a power to issue any notification, order, scheme, rule, form, or bye-law is conferred, then the expression used in the notification, order, scheme, rule form or bye-law, shall unless ..... . in this connection, it is useful to refer to section 20 of the karnataka state general clauses act, 1899, which reads as hereunder:20 ..... . this is also clear from section 21 of the karnataka general clauses act ..... . from the reading of section 20 of the general clauses act, it is clear that where by any act or regulation a power to issue any notification, order, scheme, rule, form or bye-law is conferred then the expressions used shall, unless there is anything repugnant to the subject or context has the same respective meaning as in the act or regulation conferring the power ..... the learned counsel also pointed out that the principle of doctrine of incorporation by a reference, has to be applied in view of section 20 of the general clauses act and the sl. no. ..... ., i am in respectful agreement with the conclusion reached by my learned brother on all aspects except his view that section 3-a of the karnataka sales tax act, 1957 ('the act' for short) does not empower the commissioner to issue the circular-annexure-d ('the circular' for short) to the extent he has issued instructions to the authorities to bring to tax the escaped turnover consequent to his clarification .....

JaIn Cloth Stores Vs. M. Kewalchand (Deceased) by L.Rs

Court : Karnataka

Reported in : ILR2002KAR1694; 2003(2)KarLJ276

..... section 2(3)(g) of the new act should be read down in view of section 70(3) of the new act which reads as under:'(3) except as otherwise provided in section 69 and in sub-section (2) of this section, provisions of section 6 of the karnataka general clauses act, 1899 (karnataka act iii of 1899), shall so far as may be applicable in respect of repeal of the said enactment, and sections 8 and 24 of the said act shall be applicable as if the said enactment had been repealed and re-enacted by this act'.the relevant portions in section 6 of the karnataka general clauses act, 1899 are extracted hereunder:'6. ..... inter pretation is also warranted in view of sub-section (3) of section 70 of the new act which provides that section 6 of the karnataka general clauses act, 1899 are applicable in respect of the repealed act.12. ..... if the repeal stood by itself the provisions of the general clauses act (x of 1897) would have applied with regard to the effect of the repeal and the repeal would not affect the previous operation of any enactment repealed or anything duly done or suffered thereunder or affect ..... since section 6 of the general clauses act is made applicable to the repealed act, it is obvious that it was not the intention of the legislature to deprive the successful litigants the right accrued to them under the repealed act and to compel them to initiate fresh proceedings as ..... the provisions of the general clauses act will not, however, apply where a different intention appears from .....