Court : Karnataka
Reported in : AIR1959Kant102; AIR1959Mys102; ILR1958KAR724; (1958)36MysLJ868
..... contract in question is subject to any modification directed by the court.in interpreting an amendment, it is not proper to assume that the legislature intended to make any basic departure from the existing law, unless the language employed either expressly or by necessary implication, suggests that interpretation is the most appropriate one. ..... the resulting position is that if the limit fixed by section 17 of the mysore money lenders act was reached before the institution of the suit, no further interest can be allowed, for the period between that date and the date ..... in this case we are guided by the definition given in the mysore money lenders act.the word 'principal' has been defined to mean, 'the amount actually lent to ..... as follows:'no court shall, in respect of a loan advanced before or after the commencement of this act, 'decree on account of arrears of interest,' a sum greater than the 'principal of the original ..... according to the plaintiff, the mischief of section 17 of the mysore money lenders act exhausts itself on the date of the institution of the suit and he is entitled to interest at the rate fixed by the court from the date of the institution of the suit till the realisation of the amount.it ..... minority of defendants 1 and 2 on the dates of exhibits i and ii was also not urged before us.the true scope of sections 14 to 17 of the moneylenders act and section 3 of the mysore usurious loansact was debated before us at length. ..... no authorities have been cited in support .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(2)ALD533; 2007(2)ALT410
..... issued for regularisation of deviated or unauthorised constructions of buildings, shall be deemed always to have been, validly issued and accordingly:(a) all acts, proceedings, things done, taken or being taken by the state government or by any officer of the state government or by any other authority in connection with the regularisation of unauthorised constructions and levy and collection of penal amounts thereon under the government orders shall be deemed ..... where public interest and safety are likely to be affected, namely:(a) the land belongs to government or municipal or local body;(b) surplus land declared either under the urban land (ceiling and regulation) act, 1976 or under the andhra pradesh land reforms (ceiling on agricultural holdings) act, 1973;(c) sites affected under the alignment of master plan or zonal development plan roads and other public roads;(d) ..... time, in order to secure vigilant performance of duties, responsibility should be fixed on the officials whose duty it was to prevent unauthorised constructions, but who failed in doing so either by ..... state of kamataka : air2006sc1204 , the supreme court interpreted the provisions of karnataka town and country planning act, 1961 and held that the plot earmarked for residential purpose cannot be converted ..... building regulations and regulation 11.1 and extracts of regulation 11.2 of.the zoning regulations, 1981, which makes it mandatory to provide parking spaces in different types of buildings, ..... in the language of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC3125; 1999(4)ARBLR502(SC); 1999(3)BLJR2191; JT1999(5)SC422; 1999(4)SCALE516; (1999)9SCC620; [1999]Supp1SCR146
..... once that conclusion is reached it becomes obvious that the market act which is an enabling act empowering the state authorities to extend the regulatory net of the said act to notified agricultural produce as per section 3(1) will get its general sweep curtailed to the extent the special act being the sugarcane act enacted by the very same legislature carves out a special field and provides special machinery for regulating the purchase and sale of ..... section 49 imposes tax on sugarcane which reads as follows:(1) the state government may, by notification in the official gazette, impose-(a) a tax not exceeding one rupee per quintal on entry of sugarcane into a local area specified in such notification, for consumption or use of, or sale to a factory situated therein:(b) a tax not exceeding one rupee per quintal on the purchase of sugarcane by or on behalf of the occupier of a factory ..... of sugar and molasses by the appellant sugar mills in view of the fact that regulation of these transactions is already effected by bihar sugarcane (regulation of supply and purchase) act, 1981 (for short 'sugarcane act') as well as by the sugarcane (control) order, 1966 and sugar (control) order, 1966 both issued under section 3 of the essential commodities act, 1950(hereinafter referred to as the 'essential commodities act') and also under the provisions of bihar molasses (control ..... , the fact remains that the aforesaid reasoning of the karnataka high court remained untouched by this court, nor was .....
Tag this Judgment!Court : Chennai
Reported in : (1993)ILLJ1030Mad; (1992)IIMLJ573
..... with retrospective effect from any date shall also be deemed to have had effect from that date, notwithstanding any judgment, decree or order of any court, tribunal or other authority and notwithstanding anything contained in the industrial disputes act, 1947 (14 of 1947) or any other law or any agreement, settlement, award or other instrument for the time being in force.' 27. ..... to be answered, does the life insurance corporation act, 1956 as amended in 1981 state any policy to guide the rule making authority we have earlier referred to the observations of mukharjee ..... these observations in submitting that it is not really the rules framed by the central government in exercise of the delegated authority that override the industrial disputes act or any other existing law but the power of abrogating the existing laws is in sub-sec. ..... what has been said and the past experience of the corporation the situation where a large number of such employees come to be engaged without adherence to any formalities or procedures by the various local managements would be completely eliminated and done away with and this kind of employment in the corporation's history would be the last occasion. ..... to give effect to the intention of the legislature to amend what is actually expressed where the language is plain and admits of one meaning, the task of interpretation can hardly be said to arise ..... indian evidence act would apply whereunder the court may presume that judicial and official acts have been ..... karnataka .....
Tag this Judgment!Court : Delhi
Reported in : 2010(1)KarLJ383
..... 's dictionary of the english language defined 'authorities as 'official bodies that control a particular ..... no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the central public information officer or the state public information officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:provided that the information which cannot be denied to the parliament or a state legislature shall not ..... too; for example, in relations between the houses of parliament and in the workings of each house, in the legislative process, in judicial administration and judicial behaviour, in the civil service, in local government, and in the relations with other members of the commonwealth..sir ivor jennings puts it as under:the laws provide only a framework; those who put the laws into operation give the framework a ..... of being heard to the appellant.the appellant, if aggrieved by this order, is entitled to file a second appeal before the central information commission, new delhi under section 19(3) of the right to information act within 90 days from the date of communication of this order.after remission, the cpio rejected the application, stating as follows:in the case at hand, you yourself knew that the information sought by you is ..... karnataka ..... : air 1981 sc 1298 : (1981)3 scc 333 establish that directors of a ..... 1981 supp ..... 1981 supp .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(2)ALD375; 2007(2)ALT303
..... though the local authorities have the staff consisting of engineers and inspectors whose duty is to keep a watch on building activities and to promptly stop the illegal constructions or deviations ..... dated 22-3-2002, order dated 30-12-2002 and communication dated 30-3-2005 are reproduced below:memo dated 22-3-2002office of the special officer and competent authority, urban land ceiling, warangal.rc.no.a3/a3/1139/76 dated: 22-3-2002memothe under-named applicant has applied for issue of a certificate showing the total area ..... of having failed to take action on unatuhorised constructions/deviations to the approved plan and having sanctioned permission to the building applications in violation of the provisions contained in the 1975 act and in violation of the master plan and zonal plan and also on the charge that he failed to conduct periodical check of the works under progress in respect of major constructions. ..... commercial complex in the residential area and the decision of the vice-chairman of kuda not to recommend their case for change of land use and also whether the official respondents should be directed to demolish the building constructed in violation of the prohibition contained in section 15 of the 1975 ..... state of karnataka : air2006sc1204 the supreme court interpreted the provisions of karnataka town and country planning act, 1961 and held that the plot earmarked for residential purpose cannot be converted into commercial by allowing ..... buildings byelaws, 1981, one should .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1997MP43
..... amicus curiae has brought to our notice a compilation of constitutional provisions of the official languages act, 1963, official language resolution 1968 and official language rules, 1976. ..... powers conferred on the parliament by article 343(3) of the constitution, the parliament passed the official languages act, 1963. ..... the import of article 35a held that the facilities for instruction in mother tongue at primary stage should be endeavoured of every state and by every local authority within the state to provide adequate facilities for instruction in the mother tongue at the primary stage of education to children. ..... attention to the resolution adopted by both the houses of parliament on 18th january, 1968 which reads as under :--'whereas under article 343 of the constitution hindi shall be the official language of the union, and under article 351 thereof it is the duty of the union to promote the spread of the hindi language and to develop it so that it may serve as a medium of expression for all the elements of the composite culture of india. ..... be contended that a student studying in a school from karnataka need not know the regional language. ..... association challenged the act of karnataka gov-ernment. ..... notification by the karnataka government in respect of language policy came before supreme court for consideration where it was made compulsory to study regional language of the state. ..... in fact, the government of karnataka has done commendably well in ..... state of karnataka, reported in .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998CriLJ2439
..... other law, as are triable summarily in the other law, may be tried jointly with the offences under the act and the prescription of sentence of imprisonment for a term which may conceivably exceed the limit of two years in exceptional cases in view of the language of the second proviso do not adversely affect the general principle laid down in the main sub-section (2) of ..... causing grevious hurt to the public servants in the course of the discharge of their duties as such public servants in order to deter them from discharging their official duties of seizing the essential commodity, offence punishable under section 333, ipc with ten years imprisonment and fine is committed. ..... conferment of jurisdiction upon an authority to do a particular act or pass a legal order enforceable at law which empowers such authority to do that particular act or to pass a legal order act done or order passed in absence of the jurisdiction to do that act or to pass that order ..... karnataka examined the force of the mandate contained in section 12aa(l)(f) of the act at length and following the principles laid down by the apex court in the case of chitranjan dass (1963 (2) cri lj 534) (supra) held in para 44 of the report that 'if these principles are applied to the question raised it would be clear that the provisions contained in clause (f) of sub-section (1) of section 12aaof actof 1981 ..... with the same amount of punishment under the same section of the indian penal code 1860 or of any special or local law. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1995AP71; 1994(2)ALT547
..... public purpose (or for a company) a notification to that effect shall be published in the the official gasette (and in two daily newspapers circulating in that locality of which at least one shall be in the regional language) and (the collector shall within forty days from the date of publication of such notification cause) public notice of the substance of such notification to be given at convenient places in the said locality (the last of the dates of such publication and the giving of such public ..... notice being hereinafter referred to as the dateof the publication of the notification)'.by virtue of the amendment as inserted by the central act 68 of 1984 which came into force on september 24, 1984 after the words 'official gazette' the words 'and in two daily newspapers circulating in that locality of which at least one shall be in the regional language' were inserted. ..... that although a notification was published in the gazette under the signature of the secretary, the same was published in two focal newspapers by the special deputy collector (land acquisition) steel plant, visakhapatnam, who has no authority to publish the same, and therefore, the notification is bad and illegal.3. ..... in that case certain provisions of the karnataka town and country planning act, 1961 came up for consideration. ..... state of karnataka, : [1987]1scr1054 . .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD652; 2000(2)ALT655
..... seventy fourth amendment act entry 5 of list ii of seventh schedule conferred legislative competence on the state legislature to make law in regard to localgovernment, that is to say, municipal corporations, improvement trust, district board, and other local authorities for the purpose of local self-government or ..... appellant that gudur with higher percentage of scheduled caste population should not have been deprived of having a reserved constituency in preference to sarvepalli, the division bench held :--'it will be observed that the language of section 9(1)(c) itself shows that, as far as practicable, the proportion of their population to the total population could be taken into consideration. ..... bc corporation survey figures were not accepted, in toto, this court gave liberty to the government to take the mean figure as per 1971 census and as per the figure arrived at as per 1981 census based on the available material with the government and fix the appropriate quota of reservation for backward classes. ..... further, it is his submission that the authorities did not publish any such list in the municipal ward or did not keep open the data for inspection and scrutiny nor the officials made the data available for the public to ascertain whether the data ..... (and if) the government desires to rely on the figures gathered by the bc corporation, the government can do so only after publishing the figures, inviting objections and after publishing the final figures in the official gazette. .....
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