Judgment Search Results Home > Cases Phrase: karnataka repealing and amending act 2002 section 2 definitions Court: madhya pradesh Page 1 of about 89 results (1.846 seconds)

Sunderlal Patwa Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : AIR1993MP214

..... to the state by sending its reserved force. although article 257a, permitting the deployment of army by the central government in a state, has been repealed by the 44th amendment; but the executive power of the union extends to the legislative field in list i, entry 2-a, of the seventh schedule to the constitution ..... of the clause which makes satisfaction of the president final and conclusive. in our opinion, the fact that the parliament by 38th amendment introduced ouster of judicial scrutiny and by 44th amendment repealed it, the scope of judicial scrutiny in relation to the exercise of power by the president under article 356 of the constitution ..... has been enlarged and judicial interference on settled principles in such an action is permissible. the decision of full bench of karnataka high court (air 1990 kant .....

Amil HakimuddIn and ors. Vs. Abbas HusaIn and ors.

Court : Madhya Pradesh

Reported in : 2002(5)MPHT181; 2002(2)MPLJ50

..... reliance on subhan shah v. m.p. wakf board, air 1997 mp 8. that was a case in which the provisions of the wakf (madhya pradesh amendment) act, 1994 were considered which now stands repealed by the wakf act, 1995. in that case the provision in the explanation to section 6(1) of the wakf act, 1954 has not and could not ..... of wakfs. this is also the view of justice s.a. kader in his book mentioned above at page 118. it has been held by karnataka high court in karnataka wakf board v. state of karnataka, air 1996 karnataka 55, that in conducting the enquiry, the survey commissioner has to follow the principles of natural justice. where no such enquiry is held, his ..... wakf act, 1995 has come into force from 1-1-1996. section 112 of this act repeals the earlier law on the subject. by virtue of section 112(3) the wakf (madhya pradesh amendment) act, 1994 which came into force on 5-1-1995 stands repealed. the relevant provisions of the new act must be examined. section 4 provides for appointment of .....

Pushpak Grah Nirman Sahakari Samiti Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : AIR1996MP14; 1996(0)MPLJ283

..... by the parliament on that subject of state list on the resolution of the house of legislature then the amendment or repealed of the act of parliament shall be in the same manner as the act was passed meaning thereby repealed or the amendment of that act shall also be made by the parliament. article 252 of the constitution reads as under ..... house or where there are two houses, by each of the houses of the legislature of that state.(2) any act so passed by parliament may be amended or repealed by an act of parliament passed or adopted in like manner but shall not, as respect any state to which it applies, be ..... of clause (i) of article 252 of the constitution of india, eleven houses of legislature, namely, state of andhra pradesh, state of gujarat, states of haryana, himachal pradesh, karnataka, maharashtra, orissa, punjab, tripura, uttar pradesh and west bengal resolved that the parliament may make law on urban land ceiling. therefore, parliament enacted this act, though it was within .....

Ravindra Tiwari Vs. State of Madhya Pradesh and Others

Court : Madhya Pradesh

..... appelwar vs. state of maharashtra and another ((1985) 1 scc 479), more particularly paragraphs 5, 14 and 17, in the case of r. chandevarappa and others vs. state of karnataka and others ((1995) 6 scc 309), mohd. aslam alias bhure vs. union of india and others ((2003) 4 scc 1),amrendra pratap singh vs. tej bahadur prajapati and others ..... been pointed out herein above, while challenging the validity of section 168 of the code where the lease is prescribed, an attempt was made by the petitioner to amend the writ petition, which application was rejected only on the ground that there is no notification issued in that respect in exercise of power by his excellency the governor ..... the said purpose no relief is claimed in the present writ petition. there is no challenge to the specific provisions of section 165(6) of the code. the amendment in the writ petition, which was earlier applied for by the petitioner, was rejected solely on the ground that the provisions of section 168(1) of the code cannot .....

New India Assurance Co. Ltd. Vs. P.N. Vijaiwargiya and ors.

Court : Madhya Pradesh

Reported in : I(1993)ACC254; 1992ACJ312

..... does not lay down the correct law. the division bench of kamataka high court in deputy general manager, k.s.r.t.c. v. jyoti constructions 1979 acj 426 (karnataka), has followed the madhya pradesh view enunciated in banwari lal's case, 1975 acj 40 (mp) and the view of punjab & haryana in several cases to the same ..... the proviso would not come into play. [see, chief secretary v. charles perea 1987 acj 446 (karnataka)].27. we answer the reference in the following terms:with effect from 2nd march, 1970, the date of coming into force of the motor vehicles (amendment) act, 1969 (act no. 56 of 1969), a claim for compensation suffered for damage caused ..... ' case, 1979 acj 426 (karnataka) and the other decision of the rajasthan high court taking the view that an owner of the property is entitled to claim for damages to property alone before the claims tribunal after 1969 amendment, the learned judge further added that the view taken stands fortified by further amendment introduced by act no. 47 of .....

Laxminarayan Vs. Shivlal Gujar and ors.

Court : Madhya Pradesh

Reported in : AIR2003MP49; [2004(1)JCR203(MP)]; 2002(4)MPHT463

..... there is nothing in the said section to convey a different meaning or to expand the canvas. it is putforth by them that section 16 of the amending act deals with 'repeal and savings' and in sub-section (2) use of the term 'without prejudice to the generality of the provisions section 6 of the general clauses act ..... counsel appearing as amicus curiae is that section 100a of the code is decisively and unalloyedly prospective. it is their submission that section 16 of the amending act which relates to repeal and savings need not be adverted to as the relevant provision is unequivocal, categorical, unambiguous and does not admit of any other interpretation. it is ..... the said decision has no applicability to the case at hand and should be distinguished. the learned senior counsel has submitted that section 16 of the amending act which deals with repeal and savings uses the words without prejudice to the generality of the provisions of section 6 of the general clauses act, 1897 and, therefore, all .....

Sachish Chandra JaIn and anr. Vs. Shri Bhagwan and ors.

Court : Madhya Pradesh

Reported in : 2002(4)MPHT360; 2002(3)MPLJ504

..... court, no further appeal shall lie from the judgment and decree of such single judge. section 16 of the amending act, 2002 relates to repeal and savings which is reproduced below:--'16. repeal and savings.-- (1) any amendment made, or any provision inserted in the principal act by a state legislature or high court before the commencement ..... been obliterated unless freshamendment, by the state legislature or high court is made after february 1, 1977. the amending act provides that the state amendment or order by a high court being inconsistent with the amending act shall stand repealed.27. in the case of sitaram and anr. v. chaturo and ors. (1981 jlj 171) division bench ..... by a state legislature or by a high court which were inconsistent with the code as amended by the amending act stood repealed irrespective of the fact whether the corresponding provision in the code had been amended or modified by the amending act and that was subject only to what was found in sub-section (2) of section .....

Roshan General Store Vs. Vivek Gupta

Court : Madhya Pradesh

Reported in : AIR2004MP42; 2003(4)MPLJ342

..... the commissioners in all cases is proposed to be substituted in this regard.20. rule 4 has been substituted by the amending act. this amendment in the order xviii is by section 12 of the amending act. from the repeal and savings of the act it is clear that the said provision is applicable to all pending proceedings. since there ..... sense and does not take in its ambit cases under rule 5 which provides for recording of evidence by court.8. reference has been made to single bench judgment of karnataka high court in the case of twentieth century fox film corporation v. nri film production associates (p) ltd., air 2003 kar 148 : 2003 air kant hcr 418 ..... not a proof of evidence but now legislature has thought it fit to accept affidavit as an evidence of the parties as examination-in-chief. even otherwise, before amendment there was provision for recording evidence on commission. under order xxvi rule 4 court was empowered to issue commission for recording evidence of the witness or witnesses. this .....

Daya Ram and anr. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2003(4)MPHT435

..... government land shall bereserved for grant to displaced persons and tenants affected byany government project, provisions of rules 5 and 6 will notapply.' 27. under rule 5 of karnataka rules reservation was made for the scheduled castes and scheduled tribes category at 50%. the said rules were approved in a way by the apex court. it is ..... 7 scc 506. we are conscious that the aforesaid decision is not directly on the point but irrefragably renders some assistance. in the aforesaid case the apex court dealt with karnataka land grant rules, 1969. rules 4, 5 and 6 of the aforesaid rules read as under :-- '4. persons eligible for grant of land for agricultural purposes.-- ( ..... scc 692, r. chandevarappa v. state of karnataka, (1995) 6 scc 309 and indira sawhney v. union of india and ors., air 1993 sc 477 in support of justification of the circular. 14. now we shall deal with the contentions in seriatim. the primal attack on amendment is that when no amendment has been effected in section 234 of the .....

Mahendra Arora and anr. Vs. the Transport Commissioner, M.P., Gwalior ...

Court : Madhya Pradesh

Reported in : AIR1993MP29

..... act, 1947, hitherto holding the field. in the statement of objects and reasons of act no. 25 of 1991 (the adhiniyam, as originally enacted; amended later by act no. 26 of 1991, but both simultaneously enforced), published in m.p. rajpatra dated 27-11-1991, pps. 1595/96, it is ..... is taxed; the incidence of tax falls on the passenger transported by him. in that regard the new and the repealed act speak in the same voice. in schedule ii of the repealed act, against item no. 2 ('stage carriage') the entry in the corresponding column is 'rs. 100/- per ..... the applicant to furnish the names of the passengers to be carried. shri kelkar relied on state of karnataka v. gopalakrishna, (air 1987 sc 1911) in which case it was held that liability to pay tax under section 3(1) of ..... karnataka motor vehicle taxation act was not dependent upon the vehicle being covered under the certificate of fitness or not. on few .....