Judgment Search Results Home > Cases Phrase: karnataka repealing and amending act 2002 section 2 definitions Court: allahabad Page 2 of about 169 results (0.111 seconds)

Ram Avtar and Others Vs. State of Up and Others.

Court : Allahabad

..... though repugnant to the central law, but by subsequent law made by the parliament or amendment/modification, variation or repeal by an act of parliament renders the state law void. the previous assent given the president does not blow life into a void law. 18. ..... law with regard to subjects enumerated in concurrent list and secondly for resolving such conflict." 17. hon'ble the apex court in vijay kumar sharma vs state of karnataka air 1990 sc 2072, has laid down the following 11 ways in which repugnancy or inconsistencies may arise :- (i)there may be direct repugnance between the two ..... or irreconcilability of both acts or provisions, or the two laws cannot stand together, the court is entitled to declare the state law to be void or repealed by implication. (xi) the assent of the president of india under article 254(2) given to a state law/provision/provisions therein accord only operational validity .....

Kisan Sahkari Chini Mills Ltd. and anr. Vs. Rakesh Chandra Gangwar and ...

Court : Allahabad

Reported in : (2004)3UPLBEC2447

..... provides for management etc. by the government of india, the reason being that the government has no control as it is the governing body which can frame, amend and repeal the bye-laws etc. strictly in accordance with the purposes for which the society has been formed. the said society was found to have its existence independent from ..... for carrying on effective functioning of the stock exchange, without taking away the powers of the stock exchange in the matter of internal regulation at all.45. the karnataka high court, while deciding the case also considered the case of the bombay high court in mrs. sejal rikeen dalai (supra); but did not agree that a ..... or discharge statutory power or statutory/public duties, hence the writ petition was not maintainable against the cd-operative society.10. a similar view has been taken by the karnataka high court in workmen, kampli co-operative, sugar factory limited v. the management of kampli sugar factory limited, 1994 lab ic 2074, and it has been held .....

Anil Kumar Agarwal and anr. Vs. U.P. Stock Exchange Association Ltd. a ...

Court : Allahabad

Reported in : 2004(1)AWC280; [2004]53SCL119(All)

..... statute provides for management, etc., by the government of india, reason being that the government has to control to the extent that the governing body shall frame, amend and repeal the bye-laws, etc., strictly in accordance with the purposes for which the society has been formed. the said society was found to have its existence independent ..... the objects of public interests and therefore, writ was maintainable.35. similarly in r. jagadeesh kumar v. p. srinivasan and others, air 1995 kar 420, the karnataka high court held that writ against the stock exchange would not lie for the reason that it does not discharge any public duty/function. the board only have a ..... exercises any statutory power or discharges statutory/public duties and writ petition is not maintainable against a co-operative society.9. similar view has been taken by the karnataka high court in workmen kampli co-operative sugar factory limited v. management of kampli sugar factory limited, 1994 lab ic 2074, and it has been held .....

The U.P. Motor Transport Association, Kanpur Vs. the Chairman, I.R.D.A ...

Court : Allahabad

..... without waiting for the same the authority has issued the impugned notification. the petitioner has also placed reliance on interim orders passed by madras high court, karnataka high court and kerala high court staying the notification dated 15.4.2011 which has been impugned in the present writ petition. the interim order passed ..... protect the interest of holders of insurance policy to regulate, promote and ensure orderly growth of the insurance industry and matter connected therewith and further to amend the insurance act, 1938. insurance regulatory and development authority was constituted under the 1999 act and duties, powers and functions of the authority were enumerated ..... is satisfied that such insurer generally issues policies only to a restricted class of the public or under a restricted category of risks. (2) in fixing, amending or modifying any rates, advantages, terms or conditions, relating to any risk, the advisory committee shall try to ensure, as far as possible, that there .....

Roshan Lal Mittal Vs. Rent Control and Eviction Officer/S.D.M. and anr ...

Court : Allahabad

Reported in : 2007(4)AWC3174

..... . : air2001sc3738 , has examined as to what meaning should be assigned to a non-obstante clause appearing in a rent control statute. it was a case under a cognate act, namely, karnataka rent control act (hereinafter referred to as 'that act'). the controversy involved therein was the scope and effect of section 21 of that 'act' on fixed term contractual lease. section ..... restrict charging of excessive rent and, their, rampant eviction at will. the act, as it was originally enacted, did not contain section 29a. it was inserted subsequently by way of amendment by u.p. act no. 28 of 1976. the aims and objects of insertion of section 29a are as follows:5. in some districts, the landlords are trying to evict .....

Public Services Tribunal Bar Association Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (2000)3UPLBEC2553

..... have been removed by the impugned act. similar was the situation with section 8 of the karnataka municipal corporation amendment act, 1981 and the apex court in d. dasegowda v. state of karnataka and ors., 1993 supp. (4) scc 53, held the amendment act to be valid since the basis of the defect on which the 1977 rules were declared ..... the power conferred on it by article 323-a. there is nothing in article 323-a including itsclause (3) referred to above which may have the effect of repealing the parent act enacted by the state legislature. so it continues to be in force. as already seen parliament is not bound to pass on act on the ..... hon'ble supreme court rendered its decision whereby, although the constitutional validity of the administrative tribunals act was upheld, but directions were issued to the central government to amend the act, inter alia, thereby deleting the provisions providing for i.a.s. officers to the appointed as chairman of the tribunal and providing for appointment of the .....

Vijay Prakash Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2005(1)ESC649

..... having serious rigour on the persons belonging to the said communities. these communities were notified under the provisions of that act 1911. the act was repealed by the criminal tribes act 1924 having more rigorous provisions. it included deprivation of education and employment in the state/kingdom. persons belonging to ..... aforesaid articles 341 and 342, the constitution (scheduled castes) order 1950 and constitution (scheduled tribes) order 1950 have been issued. subsequent thereto, large number of amendments have been brought therein, and for reference, the same are being quoted below :'the constitution (scheduled castes) (union territories) order, 1951, the constitution (jammu ..... such a circular/government order and the learned judge has also examined the provisions of reservation for scheduled castes/scheduled tribes and other backward classes (amendment) act, 2002, wherein the castes bhar and rajbhar have been included in the backward classes. there is nothing on record to show that .....

Radhey Shyam and ors. Vs. District and Sessions Judge and ors.

Court : Allahabad

Reported in : 2003(1)AWC628

..... favour of the parties complying for revision would have finally disposed of the suit or other proceedings.6. section 32 (1) of the c.p.c. (amendment) act, 1999, has repealed all amendments made or provisions inserted in the principal act by a state legislature or high court, before the commencement of the act, which are inconsistent with the provisions of ..... not exceed rupees one lac. in view of the jupitor chitfund (p.) ltd., (supra) the u. p. amendments are clearly inconsistent with the section 115 as amended by the c.p.c. amendment act. 1999 and thus the u. p. amendments have been repealed. in commissioner of income tax, bangalore v. smt. shardamma (supra). supreme court held that it is true that ..... saved under section 6(c) of the general clauses act, 1897. in this connection, it is relevant to cite another case of supreme court in m.s. shivananda v. karnataka s.r.t.c., 1908 (1) scc 156. para 15 of this judgment is quoted as below :'15. the distinction between what is, and what is not a .....

Vishnu Mohan Vs. Incharge District Judge and ors.

Court : Allahabad

Reported in : 2003(3)AWC2181

..... favour of the parties complying for revision would have finally disposed of the suit or other proceedings.6. section 32 (1) of the c.p.c. (amendment) act, 1999, has repealed all amendments made or provisions inserted in the principal act by a state legislature or high court, before the commencement of the act, which are inconsistent with the provisions of ..... did not exceed rupees one lac. in view of jupitor chitfund (p.) ltd. (supra) the u. p. amendments are clearly inconsistent with the section 115 as amended by the c.p.c. amendment act, 1999 and thus the u. p. amendments have been repealed. in commissioner of income tax, bangalore v. smt. shardamma (supra) supreme court held that it is true that ..... is saved under section 6(c) of the general clauses act, 1897. in this connection it is relevant to cite another case of supreme court in m. s. shivananda v. karnataka s.r.t.c., 1980 (1) scc 156. para 15 of this judgment is quoted as below : '15. the distinction between what is, and what is not a .....

Dr. Shashi Kant Garg, Son of Dr. P.L. Garg Vs. Commissioner of Income- ...

Court : Allahabad

Reported in : (2006)203CTR(All)75; [2006]285ITR158(All)

..... exercised and the act has to be performed in that manner alone and not in any other manner. the apex court in the case of dhanajaya reddy v. state of karnataka (2001) 4 scc 9, commissioner of income tax mumbai v. anjum m.h. gaswala and ors. : [2001]252itr1(sc) , mehsana district central cooperative bank ltd. and ..... to 1.4.1988 an additional commissioner of income tax was also included within the meaning of the word 'commissioner' but after its omission by the direct tax laws (amendment) act, 1987 with effect from 1.4.1988, additional commissioner cannot be included in the term 'commissioner'.34. further from a reading of the definition of the ..... term 'commissioner' also included a person appointed to be an additional commissioner of income tax under that sub-section. however, this has been omitted by the direct tax laws (amendment) act, 1987.24. section 2(28c) of the act defines the words 'joint commissioner' as follows:-'(28c) 'joint commissioner' means a person appointed to be a joint .....