Court : Chennai
Reported in : AIR1944Mad308
..... balmukund v. punjab national bank, ltd. a.i.r. 1936 lah. 721. after the subordinate judge's decision, a bench of this court (somayya and happell jj.) in karnataka bank ltd., mangalore v. singarayya a.i.r. 1944 mad. 95 indicated preference for the lahore opinion, but the learned judges before whom this appeal came in the first instance ..... the arbitration act, 1899, or whether the section left a company free to , follow any of the courses contemplated by the civil procedure code as it stood before 1940. before its repeal sub-section (1) of section 89 of the code made this provision of law:save in so far as is otherwise provided by the arbitration act, 1899, or by ..... otherwise provided by the arbitration act, 1899, or by any other law for the time being in force.' section 152, companies act, 1913, as it stood before its amendment in 1940, was another law for the time being in force and therefore was the overriding law so far as companies were concerned. for these reasons we would answer the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1375; (1974)2SCC281; [1975]1SCR422; 1974(6)LC424(SC)
..... of the constitution and is inconsistent with section 75(1) of the mysore land revenue act, 1964. that rule was deleted, during the pendency of this appeal, by the karnataka forest (amendment) rules, 1973 notified on january 15, 1974. in spite of the deletion of the rule, the appellants did not seek the permission of this court to ..... the enactment of the constitution in 1950, coorg became a part 'c' state and on november 1, 1956 it became a part of the new state of mysore (now karnataka). the existing laws continued to be in force in the coorg area until the enactment of uniform laws in the new state of mysore.10. the mysore legislature enacted the ..... 1, 1964 the mysore legislature enacted the mysore land revenue act, 12 of 1964, 'to consolidate and amend the law relating to land and the land revenue administration in the state of mysore'. section 202 of that act provides for the repeal of enactments specified in the schedule, in which is included the coorg land and revenue regulation i of 1899 .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1975Kant205; 1975(1)KarLJ476
..... . the andhra pradesh high court struck down act 9 of 1967. the question for consideration was whether, the act 8 of 1955 as amended by act 10 of 1956 continued to exist although the repealing act 9 of 1967 was struck down by the andhra pradesh high court. dealing with that question, the supreme court held that what the ..... 'whether the suit was maintainable'. on this issue, the court below held that as the karnataka agriculturists' relief act. 1928, hereinafter referred to as the 'act of 1928' being repealed by the act of 1966 and as the latter act was struck down by this court in d. m. thippeswamy v. state of ..... was restored. the defendant filed his written statement contending inter alia that the suit was not maintainable on the ground that it was barred by time in view of the karnataka agricultural debtors relief act. 1966, hereinafter referred to as the 'act of 1966. which came into force in the year ,1969. a preliminary issue was raised, 'namely, .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1976Kant134; 1975(2)KarLJ155
..... right came to be vested in him when the petition was filed in the court of the munsiff. but, on 22nd may, 1975, the governor of karnataka promulgated the ordinance by which section 48 was repealed and it was provided that any person who but for the omission of section 48 of the act could have filed an appeal to the district ..... order1. the petitioner in the above writ petition has questioned the validity of the provisions of section 7 (ii) of the karnataka rent control (amendment) ordinance, 1975 (hereinafter referred to as the ordinance). the petitioner is a tenant of a premises situated in civil station bangalore and respondent-2 is the landlord of the said ..... ordinance and that the district judge should dispose of the said petition as if it was a revision petition under sub-section (2) of section 50 of the act as amended by the ordinance. it is clear from section 7 (ii) of the ordinance that by necessary intendment the right of appeal which the petitioner had acquired on the date of .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1976Kant4; 1975(2)KarLJ352
..... section 48 of the act.19. moreover, the additional district magistrate is of a lower rank than the district magistrate and subordinate, to the latter. but in karnataka state judicial service, there is no separate cadre of additional district judges. both the district judge and the additional district judge are of the same cadre. where ..... principal district judge only and, not by an additional district judge.16. the second ground on which mr. ganapathy bhat contended that section 5 (2) of the karnataka civil courts act, 1964, cannot clothe an additional district judge with the jurisdiction of the district judge. was that section 48 of the act provides for appeal ..... the district judge having jurisdiction over the area in which the premises are situate, excludes the application of the general provision in section 5 (2) of the karnataka. civil courts act, 1964, which empowers an additional district judge to discharge all or any of the functions of the district judge.13. support for the above .....
Tag this Judgment!Court : Kerala
Reported in : [1976]104ITR597(Ker)
..... also be paid. therefore, the provision for payment of penalty as well as interest for the delayed submission of return cannot be said to offend any constitutional provision.'10. the karnataka high court also has taken the same view in nagappa v. income-tax officer, : [1975]99itr32(kar) .11. in the light of these, there is no scope for any ..... are different from penalty provisions in chapter xxii, relating to offences, and prosecutions. violation of section 139(1) is not made an offence under section 276 and though by amendment in 1971 a wilful failure to submit a return is made an offence under section 276(c) that provision has no application here. therefore, there is no question of any ..... of income-tax, : [1967]64itr669(ker) . the learned judge observed thus :'although the concealment of the particulars of the income was made an offence under section 52 of the repealed act and is also made an offence under section 277 of the act, i cannot say that the penalty imposed under section 28 of the .....
Tag this Judgment!Court : Chennai
Reported in : [1977]39STC103(Mad)
..... the law retrospectively and held that while the former was outside the competence of the legislature, the latter was within its permissible limits. a full bench of the karnataka high court in gill and co. (p.) ltd. v. commercial tax officer [1973] 31 s.t.c. 336 considered the scope of the validating ..... supreme court held that the assessments made on the basis of the capital value under the original provision shall be deemed to have been made under the amended provision, which was given retrospective operation and the validating provision also saved all the assessments so made under the original provision. this decision was followed in ..... retrospective effect from 1st april, 1959. this substituted provision clearly enabled the assessing officer to determine the escaped turnover also by best of judgment and the amending act thereafter validated the earlier assessments made and provided for consequential remedies by section 3. the validating provisions, the scope of which is now in question, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC876; (1977)2SCC148; [1977]2SCR626; 1977(1)SLJ217(SC); 1977(9)LC162(SC)
..... stay order issued by the high court despite the abolition of those posts by the abolition act.5. the 1961 rules were repealed and replaced by another set of rules called the karnataka general services (revenue subordinate branch) village accountants (recruitment) rules, 1970(hereafter referred to as the 1970 rules'), made by the ..... state government in exercise of the powers conferred by sections 16 and 17 of the act. rules 4 and 5 of the 1970 rules which were amended from time ..... in accordance with law. consequently the committee again interviewed the eligible candidates and prepared a fresh list of the selected candidates which was published in the karnataka gazette on may 30, 1974. thereafter, the deputy commissioner, hassan issued orders of appointments of the candidates who were selected by the recruitment committee. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1977Kant122; ILR1977KAR875; 1977(1)KarLJ284
..... repeal of s. 50 of the act by the amendment ordinance 3 of 1975 and act 31 of 1975, the revisional power of the high court cannot be invoked as the section conferring the said power ..... in mathuralal v. keshar bai : [1970]3scr724 bad not overruled the decision in puttananjamma's case, dismissed the application filed by the respondent under s. 21(1)(a) of the karnataka rent control act, 1961 (to be hereinafter referred to as the act). the learned iii additional district judge has held that the principle laid clown by the supreme court in ..... facts and circumstances of this case, and has allowed the appeal.3. this revision petition has been filed under s. 50 of the act as it stood prior to the amendment by act no. 31 of 1975, in view of the decision of this court in channabasappa v. p. shivayogoppa (1977) 1 kant lj 84 that after the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1978Kant61; 1978(1)KarLJ34
..... not applicable to lands in other districts such as bijapur, belgaum and dharwar which were also governed by the bombay act till the said act was repealed by the karnataka act in the year 1966. proviso (a) to section 3 clearly indicates the intention of the legislature of accepting the determination of standard area made under ..... be determined tinder section 3 only with reference to the schedule to the kamataka act and not with reference to the provisions of the repealed enactment. the proviso (a) to section 3 of the karnataka act, iu express terms, provides that in the district of north kanara, standard area means the area determined to be the standard area ..... or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing act had not been passed.' 5. relying on section 6 of the karnataka general clauses act, it was maintained by the learned counsel for the first respondent that when the land in question was declared as .....
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