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 : 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 : Chennai
Reported in : AIR1985Mad130
..... which otherwise it would not. have. in this view of the matter, i am more inclined to accept the approach of the karnataka high court which had the benefit of considering the judgment of the assam and nagaland high court, but felt itself unable to ..... ltd., : air1981bom414 , a single judge of the bombay high court after referring to the observations of the assam high court and the karnataka high court observed as follows : -'even if the legislation is not fully satisfactory i think it is the duty of the court to ..... ratnam j. in annamalai chettiar v. union of india, (1982) 94 mlw 447: air 1982 noc 86, and the decisions of the karnataka high court, the bombay high court, and the delhi high court- in annamalai chettiar v. union of india (1982) 94 mlw 447 : ..... of the act and may be in all respects amended or altered thereby'.the argument of mr. srisailam, is that s. 80 of the railways act, as amended by the amending act no. 39 of 1961, should be taken to have repealed s. 20 of the civil p.c. and .....
Tag this Judgment!Court : Chennai
Reported in : AIR1987Mad248; [1989]65CompCas333(Mad); (1988)IMLJ45
..... plaintiff bank: before the lower court, especially the circular giving concession to agriculturists in the payment of interest, like the one referred to in the observations of the karnataka high court in the decision cited above.11. mr. s. sampath kumar, learned counsel for the respondent bank, points out the provisions of s. 21a of ..... are not statutory agreements. they are just commercial transactions governed by the guidelines laid down by the reserve bank."in the said decision, the high court of' karnataka has observed as follows : -"where a nationalised bank converted the overdraft outstanding balance of a customer into mortgage loan with 161/2 per cent interest ,on monthly ..... the tamil nadu amendment, act 8 of 1937, which gives the discretion to the court to scale down the interest may usefully be referred to and the relevant provision therein, viz., s. 3, reads as follows :"s. 3. (1) notwithstanding anything in the usury laws repeal act, 1855, where, in any suit to, which this act .....
Tag this Judgment!Court : Chennai
Reported in : (1988)1MLJ179
..... unit and the administration of each unit is separate and further the notification by the government of tamil nadu cannot cover the employees working in the establishments at kerala and karnataka. the learned counsel also placed reliance in the decision reported in employees state insurance corporation, madras v. kwality spinning mills (p) ltd. (1975) 88 lw 751. in that ..... is intended, and after the amendment the administrative staff engaged to purchase of raw materials or. the distribution or sale of the products of a factory whether the work is done in the factory or ..... of the employee's state insurance act, 1948, are employees within the act. it has been pointed out that the definition of 'employees' in section 2(9) as amended in 1966 is an exhaustive one. it is a beneficial piece of legislation and it had to be given a meaning that would give benefit to those for whom it .....
Tag this Judgment!Court : Chennai
Reported in : (1993)ILLJ1030Mad; (1992)IIMLJ573
..... similar provision requiring the rules made by the delegated authority to be laid on the table of parliament and making the rules subject to modification, whether by way of repeal or amendment on a motion made by parliament (at p. 518) : this makes it perfectly clear that parliament has in no way abdicated its authority, but is keeping ..... by clause (cc) of sub-sec. (2) shall include - (i) the power to give retrospective effect to such rules; and (ii) the power to amend by way of addition, variation or repeal, the regulations and other provisions referred to in sub-sec. (2a), with retrospective effect, from a date not earlier than the twentieth day of june, 1979. ..... last of the decisions cited in this regard is that of the supreme court in r. s. raghunath v. state of karnataka : air1992sc81 . our attention is drawn to paragraph 15 of the judgment, in which it is observed that a later statute may repeal an earlier one either expressly or by implication and the courts have not favoured such .....
Tag this Judgment!Court : Chennai
Reported in : [1995]214ITR93(Mad)
..... provisions in the relevant enactments for crediting the profession tax collected in the relevant fund of the local authority concerned, but that now, since there is repeal of the said pre-existing provisions relating to profession tax, the profession tax collected under the act would go to the consolidated fund of the state. ..... writ petitioners is that originally the abovereferred to tax was levied by different local bodies under different provisions of different enactments, but that the present enactment repeals those provisions of the different enactments and consolidates the law in one enactment and that such a consolidation hits at the independence of local self-government. ..... court also in j. seetha. rama sastry v. state of karnataka : [1993]199itr588(kar) has held that such a levy is violative of the constitution. anyway, the learned advocate-general represents to us that here again the proposed amendment of the act would altogether take away the charge on' the partners, and there will .....
Tag this Judgment!Court : Chennai
Reported in : I(1997)ACC183; 1996(2)CTC595; (1996)IIMLJ633
..... s case, : [1991]3scr912 was not cited before the supreme court.13. wilfred's case, : ilr1995kar1908 , a learned single judge of the karnataka high court also took the view that the effect of the partial repeal of the motor vehicles act, 1988, by omitting sub-section (3) of section 166 without a saving clause in favour of pending suits, is ..... 6 of the general clauses act, 1897, while in dhannalal's case, : air1996sc2155 , it did not.22. under section 217 of the motor vehicles act, 1988 (after amendment as of 14.11.1994), sub-clause (4) reads thus:'the mention of particular matters in this section shall not be held to prejudice or affect the general application of ..... ) without a saving clause in favour of pending suits is that all proceedings pending should be disposed of as if section 166(3) did not exist. by making amendment to section 158 and section 166(4) the legislature has in fact done away with formal application and has visualised the claims tribunal treating the report made by the .....
Tag this Judgment!Court : Chennai
Reported in : (2001)ILLJ846Mad
..... the law on basis of which the adjudication was made, and such adjudication by itself does not result in an embargo being placed on the power of the legislature to amend, repeal or validate legislation. 35. it was open to parliament to legislate on the subject of payment of bonus based on custom, notwithstanding the award that had been made by ..... . gopalan, learned additional solicitor general appearing for the union of india, submitted that the power of legislation is plenary and it is open to the law maker to amend or repeal existing legislation so long as it acts within it's field of legislative competence, and that such power extends to taking away vested rights. it was submitted that in ..... the court in that case at paragraph 79 of the judgment: 'the ordinance is also against the basic tenets of the rule of law inasmuch as the state of karnataka by issuing the ordinance has sought to take law in its own hand and to be above the law. such an act is an invitation to lawlessness and anarchy, .....
Tag this Judgment!Court : Chennai
Reported in : (2001)3MLJ291
..... as conclusive proof of what is stated therein by any authority especially when a dispute exists over the same.while repealing the contention that the entry made under the act is conclusive, k. jagannatha shetty, j. of the high court of karnataka in h. subbarao v. l.i.c. of india a.i.r. 1976 karn. 231 observed as follows:it is .....
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