Court : Karnataka
Reported in : ILR2006KAR657
..... 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karnataka cinemas (regulation) rules 1971 and section 6(c) of the general clauses act 1899 examined the effect of the repealed rule and held that the application of the petitioner in that case should have been disposed of in accordance with the rules that are in force at the time of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.16. ..... therefore learned counsel for respondents 5 to 7 submits that the right is not accrued to the second appellant and even if accrued it is not saved under section 6(c) of the general clauses act. ..... 2 survived for challenge on the ground that his acquired right is saved under section 6(c) of the general clauses act?iii) whether the appeal against the order of rejection of the application of appellant no. ..... section 6 of the general clauses act clearly states that unless a different intention appears in the substituted act enacted in its place, the right accrued in favour of a person under the repealed act is not saved under the provisions of the substituted act as provided under clause (c) of section 6.14. ..... the counsel submits that the argument advanced on behalf of the respondents that no appeal lies to this court under section 72(4) of the act against the rejection of the application for appointment of a person as a trustee is not tenable in law.6. ..... rule of stare decisis is adhered for consistency but it is not as inflexible in administrative law as in public law. .....
Tag this Judgment!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. ..... commissioner may from time to time, issue such orders, instructions and directions to all officers and persons employed in the execution of this act as they may deem fit for the administration of this act, and all such officers and persons shall observe and follow such orders, instructions and directions of the state government and the commissioner.provided that no such orders, instructions, or directions shall be issued so as to interfere with the discretion of any appellate authority in the exercise of its appellate ..... rival contentions very elaborately and effectively put forward by the learned counsel for the assessees and by the learned advocate general and also the decisions cited by them referred to by me earlier, while i find considerable force in the contention of the learned counsel appearing for the assessees that the parts of computer and computer peripherals are exempted from payment of tot/rst by a dealer under section 6-b of the act, 1 am unable to accede to the submission of the learned advocate general that they are not .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1991Kant317; ILR1991KAR1057; 1991(2)KarLJ172
..... was no justification, we think, for the learned single judge to hold that section 21 of the karnataka general clauses act, which embodies a rule of construction of a karnataka act, cannot be applied in the construction of sub-section (5) of section 5 of the act. ..... single judge, it must be stated, has referred to it as merely a ruling throwing some light on the construction of section 21 of the karnataka general clauses act for the purpose of determining the power of the deputy commissioner under sub-section (5) of section 5 of the act. ..... make to include power to add, to amend, vary or rescind notifications orders rules or bye-laws, -- where, by 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), to add to, amend, vary or rescind any notifications, orders, rules or bye-laws so issued. ..... was considered by the andhra pradesh high court, corresponds not to sub-section (5) of section 5 of the act, but to sub-section (2) of section 4 of the act, which reads :'(2) subject to the general or special orders of the government and the provisions of this act, the deputy commissioner may, at the request of the mandal concerned, or otherwise, and after previous publication of the proposal by notification, at any time,-- (a) increase the area of any mandal by including within such mandal any village or group of villages; (b) diminish the area .....
Tag this Judgment!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. ..... 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. ..... 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. ..... hence section 3 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. ..... section 3 of karnataka general clauses act reads thus:3. ..... - 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 subject or context. ..... 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 constitution of india.2. ..... i respectfully agree with the said ruling. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1995Kant44; ILR1994KAR2223; 1994(3)KarLJ93
..... sri patil very strenuously urged that in view of rule 22(1) of karnataka improvement board rules, 1976, once the notice had been addressed and posted after mentioning the correct address of the petitioner, the notice of allotment should be deemed to have been given to and served on the petitioner in view of provisions of section 27 of the karnataka general clauses act as well and it is an admitted fact that the 121/2% of the balance of 25% of the initial amount not having deposited within a period of 15 days the authorities rightly cancelled the allotment. ..... shiv rani reported in air 1981 sc 1284 at page 1288 have been placed to lay down the law as under: 'undoubtedly, the presumptions both under section 27 of the general clauses act as well as under section 114 of the evidence ^ act are rebuttable but in the absence of proof to the contrary the presumption of proper service or effective service on the addressee would arise. ..... here when the provision of the rule or law requires a certain, thing to be done by allottee for applying the deeming clause that the person will be deemed to have declined or refused to accept the allotment it is necessary that there should actual or legally deemed or implied service of the allotment or notice of allotment. ..... 553 or any other for issuing the fresh allotment after considering petitioner's representation as well as the question of deemed denial in the light of the principles of law as laid down above. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR324
..... section 21 of the karnataka general clauses act reads as under:'power to make to include power to add, to amend, vary or rescind notifications orders rules or bye-laws. ..... once the deputy com missioner has made the notification delimiting the constituencies for the purpose of mandal panchayat elections and fixed the number of seats in terms of section 5(5) of the act for the purpose of election of 26 candidates to the various constituencies in this mandal could it be open to him to invoke section 21 of the karnataka general clauses act and say that on account of clerical errors and omissions he was constrained to issue the amendment notifications (annexures b, c and d). ..... it cannot also be said by reference to either section 15 of the madras general clauses act or section 21 of the central general clauses act, that the power to notify under section 2(b) would also include a power to cancel the notification, for the simple reason that once a panchayat samithi is constituted for a block, the samithi becomes a body corporate and the area of it cannot be taken away or varied, unless a power is conferred on the government. ..... this act was supposed to be a model piece 'of legislation for the entire country and it was enacted with a view to decentralise the monolithic structure of the administration, so that the common man has a chance of managing his own affairs without the intervention of the bureaucratic control over his welfare. .....
Tag this Judgment!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), to add to, amend, vary or rescind any notifications, orders, rules or bye-laws so issued. ..... avinash sharma : [1971]1scr413 for the proposition that once the land vests statutorily with the state government, it will not revert back to the original owner by mere cancellation of the notification under section 21 of the general clauses act. ..... act is to make special provision for securing the establishment of industrial areas in the state and to generally promote the establishment and orderly development of industries therein and for that purpose to establish industrial areas development board and for purposes connected with the matters as aforesaid. ..... a notification under section 28(2) of the karnataka industrial areas development board act, 1966 (for short 'the act), was issued to that effect. ..... the karnataka industrial areas development act, 1966, is an act to make special provision for securing the establishment of industrial areas in the state of karnataka and to generally promote the establishment and orderly development of industries therein, and for that purpose to establish an industrial areas development board and for purposes connected with the matters aforesaid. .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(5)KarLJ345
..... (3) except as otherwise provided in section 69 and in sub-section (2) of this section, provisions of section 6 of the mysore general clauses act, 1899 (mysore 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 has been repealed and re-enacted by this act.24. ..... brief facts leading to this case are:respondent-landlord had filed a petition under section 21(1)(h) of the karnataka rent control act, 1961 (hereinafter referred to as the 'krc act') inter alia alleging that, the petition premises is required for his bona fide use and occupation. ..... :(a) spouse;(b) son or daughter or where there are both son and daughter both of them;(c) parents;(d) daugher-in-law, being the widow of his pre-deceased son:provided that the successor has ordinarily been living or carrying on business in the premises with the deceased tenant as a member of his family upto the date of his death and was dependent on the deceased tenant:provided further that a right to tenancy shall not devolve upon a successor in case such ..... 2304 (db) elaborately considered the effect of repeal of the kamataka rent control act and the savings and also considered the effect of the same on the proceedings under the repealed act. ..... repeal and savings. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR3865; 2001(3)KarLJ308
..... to understand the relevant provisions of the act, prior to the amendment, it is necessary to refer to section 28-a(3) of the karnataka co-operative societies act, 1959 (hereinafter referred to as 'the act').section 28-a(3) of the act reads as follows:'notwithstanding anything contained in this act, the rules and the bye-laws of any co-operative society, the term of office of the committee of a co-operative society shall be three co-operative years and the elections shall be held for the entire committee other than the nominated members'.7. ..... the karnataka general clauses act, 1899, deals with the effect of repeal. ..... - (a) revive anything not in force or existing at the time at which the repeal takes effect; or (b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability ..... in this context, it would be useful to reiterate section 29-f(5) which reads as follows:'29-f(5) save as otherwise provided under this act, the president or vice-president, chairperson or vice-chairperson or other office bearers shall hold office for a term of two and half years'. .....
Tag this Judgment!Court : Karnataka
Reported in : 2003(5)KarLJ417
..... by the said section three acts were saved and seven other acts including the mysore religious and charitable institutions act, 1927 (mysore act vii of 1927) were repealed with a proviso that section 6 of the karnataka general clauses act, 1899 (karnataka act iii of 1899) shall be applicable in respect of the repeal of the said enactment and sections 8 and 24 of the said act shall be applicable as if the said enactments are repealed and re-enacted by this act.10. ..... even otherwise, section 24 of the karnataka general clauses act is very clear that where an order is issued under the enactments repealed and re-enacted, it shall continue in force if the same is not inconsistent with the provisions re-enacted or superseded by any order issued under the provisions so re-enacted.12. ..... in rejoinder the learned counsel for the appellants submits that when amended statute also provide repeal and saving clause, section 6 of the karnataka general clauses act is not attracted. ..... he also submits that the learned single judge has not considered the karnataka government transaction of business rules in the proper perspective and has erred in holding that the petitioners have no vested right to challenge the order.4. ..... however, the government is not precluded from taking appropriate action after issuing notice to the appellant-petitioners, in accordance with law.accordingly, these writ appeals are allowed with no order as to costs. .....
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