Judgment Search Results Home > Cases Phrase: karnataka general clauses act 1899 section 24 continuation of order etc issued under enactments repealed and re enacted Page 1 of about 123 results (0.308 seconds)

N.S. Srinivasamurthy and ors. Vs. the Registrar of Co-operative Societ ...

Court : Karnataka

Reported in : ILR2003KAR4858; 2004(1)KarLJ179; (2004)ILLJ1085Kant

..... the division bench of this court in malleshwaram co-operative society's case held that the said notification continued even after repeal of 1948 act and reenactment of 1961 act in view of the provisions of section 24 of karnataka general clauses act and observed as follows:-'the main object of section 24 is to preserve the continuity of the orders, schemes, rules or bye-laws issued under the repealed act, unless a different intention appears. ..... of 1948), as in force in the bombay area, the hyderabad shops and establishments act, 1951 (hyderabad act x of 1951), as in force in the hyderabad area, the madras shops and establishments act, 1947 (madras act xxxvi of 1947) as in force in the madras area, and the mysore shops and establishments act, 1948 (mysore act ii of 1948), as in force in the mysore area, are hereby repealed:provided that section 6 of the mysore general clauses act, 1899 (mysore act iii of 1899), shall be applicable in respect of such repeal and sections 8 and 24 of the said act shall be applicable as if the said acts had been repealed and re-enacted by this act. ..... continuation of orders etc.. ..... it is clear from the above said provisions of section 24 of the karnataka general clauses act that a notification issued under the repealed 1948 act would continue to be operative only if the provisions of the reenacted act, 1961 are not inconsistent with the provisions of the repealed 1948 act. .....

Arasikere Taluk Primary Co-operative Agricultural and Rural Developmen ...

Court : Karnataka

..... issued under enactments repealed and re-enacted-where any enactment is, after the commencement of this act, repealed and re-enacted with or without modification, then, unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, form or bye-law, made or issued under the repealed enactment, shall, so far as it is not inconsistent with the provisions re-enacted, continue in force and be deemed to have been made or issued under the provisions so re-enacted, unless, and until it is superseded by any appointment, notification, order, scheme, rate, form or bye-law made or issued under the provisions so reenacted.in cases of repeals and re-enactments ..... in the karnataka general clauses act, 1899 (general clauses act) corresponding to the general clauses act (central act no. ..... with or without modifications, unless the intention otherwise requires, the rule of construction incorporated in this section declares or provides that what had been done earlier under the repealed provision shall be deemed to be done and continued under the newly enacted ..... orders, etc .....

M/S High Point Hotels Pvt Ltd Vs. The Excise Commissioner in Karnataka

Court : Karnataka

..... the full bench overlooked the position that that was a case under section 24 of the general clauses act which makes provision for continuation of orders, notification, scheme, rule, form or bye-law, issued under the repealed act or regulation under an act after its repeal and re- enactment. ..... the full bench overlooked the position that that was a case under section 24 of the general clauses act which makes provision for continuation of orders, notification, scheme, rule, form or bye-law, issued under the repealed act or regulation under an act after its date of judgment:18. ..... the mysore general clauses act, 1899 includes rules within the definition of date of judgment:18. ..... other appropriate writ or order the order/notice no.exe/iml/ ka.ma.e/90/kmr/2017-17 dated 24-05-2017 annexure-e issued by the third respondent for cancellation of license in respect of lacasa bar and restaurant situated katha no.877/1, 878/2, 895/19 and 896/20, 1st and 2nd floor, blooming dale, kasavanahalli, carmala ram post, bangalore-560035 as the same is illegal, arbitrary, unjust and in violation of the principles of natural justice apart from being contrary to karnataka excise (sale of indian and foreign liquors) rules, 1968 & etc. ..... the definitions of enactment, rule, regulation and repeal from mysore general clauses act, 1899 are also quoted below:2. .....

Malleswaram Co-operative Society Ltd. Vs. Senior Labour Inspector

Court : Karnataka

Reported in : [1999(81)FLR326]; ILR1999KAR650; (1999)ILLJ1326Kant

..... and establishments act, 1948 (bombay act lxxxix of 1948) as in force in the bombay area, the hyderabad shops and establishments act, 1951 (hyderabad act x of 1951) as in force in the hyderabad area, the madras shops and establishments act, 1947 (madras act xxxvi of 1947) as in force in the madras area and the mysore shops and establishments act, 1948 (mysore act 11 of 1948) as in force in the mysore area hereby repealed.provided that section 6 of the karnataka general clauses act, 1899 (karnataka act iii of 1899) shall be applicable in respect of such repeal and sections 8 and 24 of the said act be applicable as if the said act has been repealed and re-enacted by this act ..... where any enactment is, after the commencement of this act, repealed and re-enacted with or without modification, then, unless it is otherwise expressly provided, any (appointment, notification) order, scheme, rule, form or bye-law, (made or) issued under the repealed enactment, shall so far as it is not inconsistent with the provisions re-enacted, continue in force and be deemed to have been (made or) issued under the provisions so re-enacted, unless and until it is superseded by any (appointment, notification), order, scheme, rule, form or bye law (made or) issued under the provisions so re-enacted. ..... continuation of orders etc. .....

Machettira Machaiah and Others Vs. Machettira Kariappa and Another

Court : Karnataka

Reported in : AIR1994Kant52; ILR1993KAR2673; 1993(4)KarLJ353

..... -section (1) but subject to any notification issued under section 201, anything done or any action taken (including any appointment, or delegation made, land revenue, non-agricultural assessment, fee or cess, settled, fixed or imposed, notification, order, instrument or direction issued, rule or regulation made, certificate obtained or permission granted) under any enactment or law repealed by sub-section (i) shall be deemed to have been done or taken under the corresponding provisions of this act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this ..... writ appeal has been referred to a full bench for resolving a short question as to whether, after the enactment of the karnataka land revenue act, 1964, by which the coorg land and revenue regulations, 1899 were repealed, anapplication can still be filed under regulation 127 of the coorg land and revenue regulations, 1899, 18 years after such repeal.2. ..... notwithstanding anything contained in sub-section (1) but subject to such general or special orders that may be issued by the state government from time to time, the privileges that are being enjoyed either by custom or under any order such as privileges in respect of kumki lands, bane lands and kane lands in south kanara district, betta lands and hadi lands in north kanara district, kan andsoppina betta lands in mysore area, jamma and bane in coorg district and motashal wet lands in hyderabad area shall continue.' 7 .....

Dr. Madhav Shankar Pandit and ors. Vs. Dr. Ganapati Narayan Sabhahit a ...

Court : Karnataka

Reported in : ILR2006KAR657

..... section 6 of the karnataka general clauses act, 1899 is applicable in respect of the repealed enactment in view of sections 8 & 24 of the said act. ..... proviso to the said section is incorporated stating that section 6 of the karnataka general clauses act shall be applicable in respect of the repeal of the said enactment. ..... district magistrate, (supra) wherein this court with reference to rule 117 of karnataka cinemas (regulation) rules 1971 and section 6(c) of the general clauses act 1899 examined the effect of the repealed rule and held that the application of the petitioner in that case should have been disposed of in accordance with the rules that are in force at the time of its disposal ..... make it very clear that till the new managing committee is constituted and appointed by the prescribed authority under the provisions of the act, 1997, the trustees who were there as on the date of death of first appellant alone shall continue the affairs of the trust and the temple. ..... , appeal could not have been filed by appellants against the order or even if it was filed, since the constitutional validity of act of 1997 has been upheld and the acquired right of the second appellant as claimed by him is not accrued right till the decree is passed and in view of the provisions of sections 23, 24 and 25 of the khri and ce act the acquired right claimed by second appellant is not saved.22. ..... 30/4/2003 issued by the state government under section 23 which is published in the karnataka gazette .....

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 there is anything repugnant in the subject or context, have the same respective meanings as in the enactment conferring the power. ..... directed all the assessing authorities in the state to immediately take up assessment proceedings in all the pending cases of dealers of parts of computer and computer peripherals and to proceed to levy tot/rst and additional tax on turnover and sale of parts of computers and computer peripherals at the rate specified under section 6-b and 6-c of the act and also has directed all the assessing authorities to immediately initiate re-assessment proceedings under section 12-a of the act in cases where assessments have already been completed allowing exemption from tot/rst ..... galada continuous castings ltd. ..... instead he proceeded to give instructions/directions in the purported exercise of power conferred on him under sub-section (1) of section 3-a of the act to all the assessing authorities, joint commissioners, inspecting authorities, etc. ..... the plea that the petitioner has an alternative remedy by way of replying to show cause notice and filing of appeal, etc. ..... construction of notifications, etc. .....

State of Karnataka and Another, Etc. Vs. N.A. Nagendrappa and Others

Court : Karnataka

Reported in : AIR1991Kant317; ILR1991KAR1057; 1991(2)KarLJ172

..... single judge as supporting his view as to non-applicability of section 21 of the karnataka general clauses act in the construction of sub-section (5) of section 5 of the act, with respect to him, it could not have been regarded as a decision supporting his view, in that, it concerned the rejection of an argument that the power to make an order under section 8(4) of the bihar act concerned therein, is different from an order of legislative nature envisaged in the provisions of that general clauses act, as becomes clear from the very portion of the order in that case, excerpted by the learned single judge in his ..... section 21 of the general clauses act, 1897, can be applied to amend from time to time the rules made under articles 77(3), 166(3) and 309 of the constitution and the orders issued under article 370 of the constitution, cannot also be doubted (see : sam-path prakash v. ..... karnataka state legislature, with the object of establishing and constituting zilla parishads, taluk panchayat samithis, mandal panchayats and nyaya panchayats in the state and make them function as units of self-government, enacted the karnataka zilla parishads, taluk panchayat samithis, mandal panchayats and nyaya panchayats act, 1983 (for short 'the act'). ..... ' sections 23 to 27 of the bihar and orissa general clauses act correspond respectively to sections 20 to 24 of the general clauses act (central act 10 of 1897) and are under the heading 'provisions as to orders, rules, etc. .....

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

Court : Karnataka

Reported in : ILR2006KAR4259; 2007(1)KarLJ235

..... as the 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. ..... the petitioner relied 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. ..... as the definition 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. ..... in view of the same, the authorities concerned are justified in issuing the impugned election notice to elect the president of the 2nd respondent society and consequently, the first prayer made by the petitioner cannot be granted.4. ..... however, it is made clear that since the date of election is already over, it is open for the authority to issue fresh calendar of events to hold election. ..... hence, he has filed the present writ petition seeking quashing of the election notice issued by the respondent no. ..... the petitioner has sought for quashing the election notice dated 20.09.2006 vide annexure-c issued by the respondent no. .....

Mallikarjun M. Kalasray Vs. the Commissioner, Belgaum Development Auth ...

Court : Karnataka

Reported in : AIR1995Kant44; ILR1994KAR2223; 1994(3)KarLJ93

..... that section 27 of the karnataka general clauses act which reads as under: 'meaning of service by post:-- where karnataka act made after the commencement of this act authorises or requires any document to be served by post, whether the expression 'serve' or either of the expressions 'give' or 'send' or any other expression is used, then, unless different intention appears, the service shall be deemed to be effected by properly addressing, prepaying and posting by registered post, a letter containing the document, and, unless ..... thus considered i am of the opinion that the order dated 19-11-91 be quashed and set aside and the matter be sent back to the commissioner, belgaum development authority to decide afresh the matter of allotment of site either 553 or any other in favour of the petitioner and for considering the petitioner's representation afresh as well ..... appears to me that before passing the order impugned the opposite party did not issue any notice to the petitioner to show cause while the allotment did not cancel complying the deeming clause as there is nothing on record denying ..... that there is no doubt that annexure 'a' does not indicate that any prior show cause notice was addressed to the petitioner before cancellation of the allotment order but this fact has not been asserted by the petitioner specifically in the narration of facts except that in the grounds and therefore it involves the question of fact that it need not be considered. ..... issue any other writ or order .....