Judgment Search Results Home > Cases Phrase: karnataka repealing and amending act 2002 section 2 definitions Sorted by: old Court: kolkata Page 1 of about 125 results (0.078 seconds)

Birajananda Das Gupta (Deceased by Lrs) Vs. Competent Authority Under ...

Court : Kolkata

Reported in : AIR1988Cal8,92CWN492

..... legislative competence of parliament, but comes within its exclusive jurisdiction so to say, so much so that the state legislature would thereafter have no jurisdiction to amend or repeal that enactment. notionally, therefore, so long the parliamentary act would remain in force, the relevant legislative item goes out of the state list and ..... act so passed shall prevail over any state law' and that 'the position is further clarified by the second clause of article 252 which bars the amendment or repeal of the act by any act of a state legislature'. as already indicated hereinbefore, we are also taking the same view and would, therefore, ..... express our respectful concurrence with the aforesaid andhra pradesh full bench decision, which also appears to have been followed in a decision of the karnataka high court in t. khande rao v. state of karnataka .....

M/S. Atal Tea Company Ltd. and anr. Vs. Regional Provident Fund Commis ...

Court : Kolkata

Reported in : (1998)1CALLT257(HC),[1998(79)FLR372],1997LabIC1207

..... far as it conferred the discretionary power to determine the rates at which damages would have to be levied can be said to have been repealed by implication. the amendment has not provided for any saving clause expressly. but one thing is clear that the discretionary power of the authority which was to levy ..... construction that statutes should be interpreted, if possible, so as to respect vested rights, if the amended provision is not expressly made retrospective.it was also held that between repeal and an amendment. in essence, there is no real distinction. amendment is, in fact, a wider term and it includes abrogation or deletion of a provision in ..... (i) : [1986]157itr330(sc) : maya rant v. commissioner of income-tax, delhi; (ii) 0065/1980 : [1981]128itr547(kar) : r. abdul azeez v. commissioner of income tax, karnataka-i; (iii) : [1964]6scr837 : abdul karim v. custodian-general; (iv) : 1987crilj1123 : m/s. ral bahadur seth shreeram durgaprasad v. director of enforcement; (v) air 1980 sc 208 .....

Srimanta Kumar Mondal and ors. Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : (1999)1CALLT63(HC),1998(2)CHN276

..... continue in force in so far as they are not inconsistent with the provision of this act, until they are repealed or amended.' 7. thus, although the 1930 act stood repealed except in north and south 24-parganas and the hill areas but the rules under the 1930 act continued to remain in force in view of ..... ) primary education act, 1930. the west bengal urban primary education act, 1963. and the west bengal (rural) primary education (temporary provisions) act, 1969, are hereby repealed. (2) upon such repeal,-- (a) all properties and assets vested in the district school board established for a district shall vest in. and all rights, liabilities and obligations acquired or incurred by ..... without having any nexus of pay. reliance in this connection has been placed on k. narayanan and ors. v. state of karnataka and ors. reported in : (1994)1scc44 and k. ravindranath pal & am: v. state of karnataka and anr. reported in 1995 supp(2) scc 246. (4) as regard the factual position it was submitted that the .....

Kanailal Das Vs. State of W.B.

Court : Kolkata

Reported in : 2004(1)CHN225,2004CriLJ3231

..... submissions made by mr. roy, learned advocate of the appellants. following the decision of the hon'ble apex court in the case of bhagwari singh (supra), the decision of karnataka high court in the case of ramdas kelu naik (supra) and the decision of andhra pradesh high court in the case of chandana surya rao (supra), i am of ..... years have gone by and the appellant has been suffering since then and in the meantime; the west bengal wheat and wheat products licensing and control order has been repealed in 1986. it has been further argued by the learned advocate for the appellant that the present appeal arises out of conviction under the essential commodities act, which must ..... awarded the sentence he did. a particular emphasis is laid upon section 326(3) of the code of criminal procedure. the learned additional public prosecutor has submitted that by the amendment of the e. c. act provision has been made for the trial of the cases under the e. c. act in a summary manner or procedure, that the .....

Central Bureau of Investigation Vs. K.C. Balasubramanium

Court : Kolkata

..... 1952 to the state of west bengal. by section 30(1) of the prevention of corruption act, 1988, prevention of corruption act, 1947 as also criminal law amendment act, 1952 were repealed, and by virtue of sections 3 and 4 of the said act of 1988, offences under the act can be tried by a special judge appointed under section 3 ..... the prevention of corruption act, 1988 is not applicable here, in support of which the cases of sadan k. bormal (supra) and v.a. bhandak v. state of karnataka reported in 2003 scc (cr.) 345 were relied upon.7. in regard to the first ground above, after submission of charge sheet under sections 420/120b ipc and section 5 ..... him on such commencement in accordance with the provisions of this act. sub-section (2) of section 26a of the act of 1988, incorporated by the west bengal amendment act of 1994, conferred validity on the actions of special courts appointed even after the act of 1988 came into effect specifically stipulating therein that the jurisdiction is not limited .....

Cbi Vs. Bimal Kumar Das

Court : Kolkata

Reported in : (2006)3CALLT512(HC),2006(4)CHN403

..... 1952 to the state of west bengal. by section 30(1) of the prevention of corruption act, 1988, prevention of corruption act, 1947 as also criminal law amendment act, 1952 were repealed, and by virtue of sections 3 and 4 of the said act of 1988, offences under the act can be tried by a special judge appointed under section ..... him on such commencement in accordance with the provisions of this act. sub-section (2) of section 26a of the act of 1988, incorporated by the west bengal amendment act of 1994, conferred validity on the actions of special courts appointed even after the act of 1988 came into effect specifically stipulating therein that the jurisdiction is not ..... , as if the west bengal amendment act, 1994 were in force when such action was taken and the said courts are competent to try offences under the prevention of corruption act, 1988. in this connection, reference may be made to the cases of sadan k. bormal (supra), v.a. bhandak v. state of karnataka, reported in 2003 scc (cri .....

Central Bureau of Investigation Vs. Joydeb Dasgupta

Court : Kolkata

Reported in : 2007(1)CHN458

..... to the state of west bengal. by section 30(1) of the prevention of corruption act, 1988, prevention of corruption act, 1947 as also criminal law amendment act, 1952 were repealed, and by virtue of sections 3 and 4 of the said act of 1988, offences under the act can be tried by a special judge appointed under section ..... on the prosecutor to be ready to proceed to trial within a reasonable time. similar is the holding in the case of p. ramachandra rao v. state of karnataka reported in : 2002crilj2547 which stands for the proposition that the criminal courts are not obliged to terminate trial or criminal proceeding merely on account of lapse of time as ..... v. r.s. nayak reported in : 1992crilj2717 , state of rajasthan v. ikbal hussain reported in 2004(4) aiclr (sc) 664 and p. ramachandra rao v. state of karnataka reported in : 2002crilj2547 . mr. roy contended that delay was mostly procedural and is also attributable to the accused and as such accused could not be discharged for that reason.6 .....

Central Bureau of Investigation Vs. Asit Baran Banerjee and anr.

Court : Kolkata

Reported in : 2008(1)CHN339

..... a prosecution of public servants whose prima facie involvement in the alleged offence of corruption have been prima facie established. in this connection, it would be sufficient to merely repeal what have been observed by the hon'ble supreme court in the case of state of rajasthan v. ikbal hussen reported in 2004(4) aiclr (sc) 664, ..... of rajasthan v. ikbal hussen 2004(4) aiclr (sc) 664, where the supreme court relying on the earlier constitution bench decision of p. ramachandra rao v. state of karnataka 2002(3) aiclr (sc) 370 and the decision of a.r. antulay, : 1992crilj2717 , had outlined certain categories of delay which has to be totally ignored in giving ..... the year 1987 when the prevention of corruption act, 1947 was very much in force and as such the special judge appointed under the west bengal criminal law amendment (special courts) act, 1949 was empowered and possessed with the jurisdiction to take cognizance and hold the trial in respect of those offences under the prevention of .....

Union of India (Uoi) Vs. Santi Ranjan Dutta

Court : Kolkata

Reported in : 2009ACJ2398,AIR2008Cal106,2008(2)CHN985

..... not under the railways act, 1890, but it is under the railways claims tribunal act, 1987. according to mr. bhattacharjee, after the repeal of the railways act, 1890, there has been no consequential amendment in the appellate side rules and therefore, the appeal filed under the railway claims tribunal act, 1987 cannot be said to be an ..... of kerala reported in : 2004crilj2494 where the question before the court was whether the earlier judgment of the same court in the case of bore gowda v. state of karnataka : (2000)10scc260 was a binding precedent. in that context, the apex court made the following observations:the decision in bore gowda's case (supra) does not even ..... the act of 1987. subsequently, the new railways act, 1989 was enacted and by section 200 thereof, the indian railways act, 1890, as it then stood, was repealed.5. therefore, the facts indicated above show that up to 8th november, 1989, the appeals against the decisions of the claim commissioners under the railways act, 1890 were .....

Food Corporation of India Vs. Central Government Industrial Tribunal a ...

Court : Kolkata

Reported in : (2010)ILLJ496Cal

..... force' includes laws passed or made by a legislature or other competent authority in the territory of india before the commencement of this constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.((4) nothing in this article ..... 14 and 16.' in the case indian drugs & pharmaceuticals ltd. v. workmen, indian drugs & pharmaceuticals ltd. (supra), the apex court relying upon the secretary, state of karnataka and ors. v. uma devi (3) and ors. (supra) held 'creation of post/abolition etc. are executive function and court cannot pass any order of regularization of service ..... 227 of the constitution of india as are part of basic structure of the constitution forming the integral and essential feature, cannot be, tampered with even by constitutional amendment far to say by a parliamentary legislation. reliance is placed to the judgment passed in the case l. chandra kumar v. union of india and ors. .....