Court : Supreme Court of India
..... law or act, becomes functus officio so far as that particular act is concerned and it cannot itself interpret it. no doubt, the legislature retains the power to amend or repeal the law so made and can also declare its meaning, but that can be done only by making another law or statute after undertaking the whole process of law ..... other parts of the law, and the setting in which the clause to be interpreted occurs.22.the said principle has been reiterated in r.s. raghunath v. state of karnataka [(1992) 1 scc335:1992. scc (l&s) 286 : (1992) 19 atc507: air1992sc81 (air at p. 89). 2123. furthermore, even in relation to a penal statute any narrow and ..... which is the provision involved, therefore, has to be viewed having regard to the mischief rule, the background and history leading up to the enactment of the legislation (including the amendments to ipc in 2013) and to its objects. it reads as follows: 7. sexual assault- whoever, with sexual intent touches the vagina, penis, anus or breast of the .....
Tag this Judgment!Court : Supreme Court of India
..... transportation of them and make the manufacturers of sandalwood oil accountable for the possession of sandalwood trees or chips or roots etc. incorporation of sandalwood oil ex abundenti cautela in karnataka act and absence thereof in sister acts operating in south india does not detract from giving it its due meaning. the expert opinion is only an opinion evidence on either .....
Tag this Judgment!Court : Karnataka
..... of 1999 was enacted for correspondingly amending the 1974 act so that the subject matter of eviction from waqf properties continued to be ..... provided that nothing in this clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislature of the state." the contention that there is no conflict between 1974 act and 1995 act even after 2013 ..... mentioned that this amendment was made to the state act in the light of the erstwhile waqf act, 1954. 8 (c) the above having been said, one has to hasten to add that the waqf act, 1995 repealed the waqf act 1954 and the waqf (amendment) act, 1984; presumably, in view of this legislative development, the karnataka act no.22 .....
Tag this Judgment!Court : Karnataka
..... of 1999 was enacted for correspondingly amending the 1974 act so that the subject matter of eviction from waqf properties continued to be ..... provided that nothing in this clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislature of the state." the contention that there is no conflict between 1974 act and 1995 act even after 2013 ..... mentioned that this amendment was made to the state act in the light of the erstwhile waqf act, 1954. 8 (c) the above having been said, one has to hasten to add that the waqf act, 1995 repealed the waqf act 1954 and the waqf (amendment) act, 1984; presumably, in view of this legislative development, the karnataka act no.22 .....
Tag this Judgment!Court : Karnataka
..... of 1999 was enacted for correspondingly amending the 1974 act so that the subject matter of eviction from waqf properties continued to be ..... provided that nothing in this clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislature of the state." the contention that there is no conflict between 1974 act and 1995 act even after 2013 ..... mentioned that this amendment was made to the state act in the light of the erstwhile waqf act, 1954. 8 (c) the above having been said, one has to hasten to add that the waqf act, 1995 repealed the waqf act 1954 and the waqf (amendment) act, 1984; presumably, in view of this legislative development, the karnataka act no.22 .....
Tag this Judgment!Court : Karnataka
..... of 1999 was enacted for correspondingly amending the 1974 act so that the subject matter of eviction from waqf properties continued to be ..... provided that nothing in this clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislature of the state." the contention that there is no conflict between 1974 act and 1995 act even after 2013 ..... mentioned that this amendment was made to the state act in the light of the erstwhile waqf act, 1954. 8 (c) the above having been said, one has to hasten to add that the waqf act, 1995 repealed the waqf act 1954 and the waqf (amendment) act, 1984; presumably, in view of this legislative development, the karnataka act no.22 .....
Tag this Judgment!Court : Karnataka
..... end on coming into force of the 2013 act?. (5) what is the effect of right to fair compensation and transparency in land acquisition, rehabilitation and resettlement (karnataka amendment) act, 2019 (act no.16 of 2019) on right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013?. (6) whether provisions of ..... neither repugnant to 2013 act nor have been impliedly repealed on commencement of 2013 act. (2) the 1966 act is a special act whereas, 2013 act is a general law. (3) the provisions of right to fair compensation and transparency in land acquisition, rehabilitation and resettlement (karnataka amendment) act, 2019 are neither arbitrary nor voilative of ..... by the president on 26.05.1966 to karnataka act no.18 of 1966, stood lapsed or come to end on coming into force of the 2013 act?. 13 1 45. the relevant extract of article 31 of the constitution of india prior to its repeal by constitution (forty-fourth amendment) act, 1978 read as under: 31 .....
Tag this Judgment!Court : Karnataka
..... the provision of the previous act is incorporated in the subsequent act, the offspring, namely the incorporated provision, survives even if the previous act is repealed, amended, declared a nullity or erased from the statute book. .28. the above position is reiterated by the hon'ble supreme court in u.p. ..... acquired by purchase from farmers in the gangralchatra, kallurunaganahalli and yelachenahalli villages of elavala hobli, mysuru district, for the purpose of forming layout by the karnataka -:14. :- housing board and the petitioners had colluded with large number of middlemen and, thereby, defrauded the farmers whose lands were acquired while ..... and yelachenahalli villages of elavala hobli, mysuru district were purchased by negotiation and consent for the purpose of forming residential layouts under the agency of karnataka housing board ( the board for short). the further -:5. :- allegation is that petitioners who were working as executive engineer and assistant executive engineer .....
Tag this Judgment!Court : Supreme Court of India
..... and set-up of cooperative societies. in fact, a period of one year has been provided in the constitution from the commencement of the amendment for the required amendment or repeal by the competent legislature or by the competent authority, of laws which are inconsistent with part ix-b. as a corollary, the constitution enables ..... xxx xxx xxx 28. it may be seen that article 368(1) refers to parliament, which may exercise its constituent power to amend the constitution by way of addition, variation or repeal of any provision of the constitution. this however has to be in accordance with the mandatory procedure laid down in the article. 4029 ..... in accordance with the provision of the proviso to clause (2) of article 368 of the constitution. legislatures of the following states have passed resolutions ratifying the amendments: (1) haryana (2) himachal pradesh (3) karnataka (4) madhya pradesh (5) maharashtra (6) manipur (7) meghalaya (8) orissa (9) punjab (10) rajasthan (11) sikkim (12) tamil .....
Tag this Judgment!Court : Karnataka
..... first dispute which has to be resolved is what h. anraj [(1986) 1 scc414:1986. scc (tax) 190]. in fact held. did it hold, as was found by the karnataka high court in nirmal agency v. cto [(1992) 86 stc450(kant)]. , that the lottery tickets were goods only because they represented the right to participate in the draw?. or did ..... the betting tax under the provisions of the mysore betting tax act, 1932. on and from 1st july 2017, the mysore betting tax and the service tax provisions stood repealed and the goods and services tax laws were brought into force.5. from the appointed day i.e., 01-07-2017 a combination of these taxes; central goods and ..... were made 10 liable for payment of gst on the amount received through totalisator.9. since actionable claim is and was existing in the act from the beginning the amendment has only clarified the role of the petitioners in the field of betting. therefore, he would submit that the contention of the petitioners that rule 31a is ultravires the .....
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