Court : Karnataka
Reported in : AIR1950Kant30; AIR1950Mys30
..... order so provides the court trying such contravention may direct the property regarding which there is contravention to be forfeited. according to section 2(1), defence of india act , government may by notification in the gazette make such rules as appear to it to be necessary or expedient.. for maintaining supplies and services essential to the ..... the powers conferred by rules 75a 75b and 81, defence of india rules as applied to mysore and contained by the supplies, services and miscellaneous provisions (temporary powers) act, xx [20] of 1947. rule 75a provides for requisitioning of property, rule 75b for maintenance of food supplies and under rule 81(2). government so far as ..... order of puttaraj urs j.in criminal revn. petn. no. 54 of 49-50 to show that act xx [20] of 1947 cannot be construed as extending to operation of rule. 121. in that case, conviction under the cotton textile (control of movement) order, 1946, for attempt to transport mill cloth from bangalore to secundarabad without a .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1951Kant72; AIR1951Mys72
..... . c. r. 32, wherein it has been laid down that the proceedings taken under the repelled silk control order against the accused were saved in spite of the repeal by section 6, mysore general clauses act. the application of section 6 general clauses act, by the f. b decision of bombay, referred to above, has been followed by this ct. in ..... being reviewed only in certain cases & that by a nominee of the govt. section 25 of the act places the proceedings before the sp. j. beyond the scrutiny, revn. or control of the h. c. in any manner. the provisions of this act are virtually the same as those of ordinance ii [2] of 1942 passed by the governor-general of ..... india had at the commencement of the war attained a certain degree of autonomy & the citizen had the control of legislation in certain fields, but with the declaration of emergency by the governor-general under section 102 govt. of india act, on the commencement of the war, this power came to be vested in the centre. the central legislature .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant4; AIR1952Mys4; (1953)31MysLJ162
..... order under section 146 criminal p.c. considering that both the parties were absent that would have been a proper order which he had jurisdiction to pass, but the magistrate acted illegally in dropping the proceedings on the ground that the parties were absent. this he can only do under clause (5) of section 145 criminal p.o., that is, when .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1958Kant102; AIR1958Mys102; (1958)36MysLJ73
..... 'now, turning to the merits of the case, it appears that this proviso which is relied upon by the department was incorporated in the indian income-tax act by act 8 of 1946 which came into force on 4-5-1946. therefore, this proviso was not in operation on 1-4-1946, when the assessment year of ..... pages 677 and 578 of craw-ford's book on 'statutory construction', whichread-'nevertheless, there are even limitations on. the extent of the retroactive operation of curative acts. obviously, they cannot violate provisions of the constitution. nor should they interfere with or destroy vested rights of third parties.' 'on the other hand a curative statute ..... has urged that the orders of assessment made by respondent 2 were made without jurisdiction or authority. his main contention is that the coorg agricultural income-tax act, under the precisions of which the income-tax officer made the assessment, was an unconstitutional piece of legislation for two reasons. according to him, the legislative .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant17; AIR1959Mys17; (1958)36MysLJ558
..... in my opinion the said rule is ultra vires the section and shall have to be struck down.in the case reported in v. t. thomas v. secretary, central road traffic board : air1957ker187 , the high court of kerala took the view that rule 162, as it stood, was ultra vires of even the old section 58. in any event, ..... effective for such period as the authority may specify in the order of renewal and this result follows from the words 'without renewal' appearing in section 58 (1) of the act.14. the calcutta case, on which the learned advocate relies, viz. : air1945cal260 , does not, in my opinion, deal with this point. in that case, their lordships ..... case, viz., whether or not the intention of the legislature was to treat the renewal as continuation of the previous permit, on consideration of the other provisions of the act bearing on this question. in my opinion, therefore, the officer concerned violated the mandatory provisions of the statute and has granted renewal of the 1st respondent's permit .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant158; AIR1959Mys158; 1959CriLJ746
..... . notice-returnable 19-11-1956 was issued to the respondents therein (i.e., petitioners before me). before the matter could proceed further, the states reorganisation act (central. act 37 of 1956) came into force and consequently a part of the territory which was-subject to the jurisdiction of the district munsiff's court of puttur ..... a part of the territory of the kerala state.the petitioners, therefore, raised the preliminary objection that by virtue of section 125 of the states reorganization act order p. 117/1956 automatically stood transferred to the court of the district munsiff of kasargod in kerala state. this preliminary objection was upheld by the ..... munsiff of puttur does not stand transferred to any court outside the territory of the mysore state by virtue of section 125(1) of the states reorganisation act. consequently, the court of the district munsiff kasargod has no jurisdiction either to entertain or dismiss that application. its order dismissing the petition for default is .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant65; AIR1959Mys65; 1959CriLJ347; (1958)36MysLJ744
..... in section 196 of the code of criminal procedure which comprises such offences as promoting enmity or hatred between different classes of citizens, deliberate and malicious acts intended to outrage religious feelings of any class of citizens, publication of statements intended to cause disaffection in the army or to cause alarm whereby persons ..... that section reads as follows :'198-b. (1) notwithstanding anything contained in this code, when any offence falling under chapter xxi of the indian penal code (act xlv of 1860) (other than the offence of defamation by spoken words) is alleged to have been committed against the president, or the vice-president, or the ..... disturbances in belgaum in consequence of which orders were issued under section 144 of the criminal procedure code and also under section 37(1) of the bombay police act by the district magistrate of belgaum. breaches of these orders were committed or attempted to be committed by certain agitators and some were arrested and remanded .....
Tag this Judgment!Court : Karnataka
Reported in : [1960]38ITR197(KAR); [1960]38ITR197(Karn)
..... code of civil procedure, execute be decree passed against a firm even against a partner individually. so also the collector under section 46(2) of the income-tax act acting under a certificate for recovery of tax due from a firm can recover the tax from the partners individually. this argument, however, is not available because under ..... themselves. a decree against a firm, therefore, is really a decree against all the partners individually. such a situation. however, is not available under the income-tax act under which an unregistered firm is assessed as a separate entity distinct from its partners. 16. the learn government pleader also pressed upon us the rule of construction ..... district, to recover from the petitioner income-tax due by the said firm on the strength of a certificate under section 46(2) of the indian income-tax act issued by the first respondent, the income-tax officer. special survey circle, bangalore. 2. for the assessment year 1953-54 the said firm was assessed as an .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant33; AIR1960Mys33
..... subsequently vacated, the time for production of the registration certificate should be calculated from the date of receipt of the order of government confirming the central road traffic board's order. if, however, the applicant acquired the vehicle and is liable to produce the certificate of registration thereof within the four months' time allowed ..... reads :134. effect of appeal and revision on orders passed by original authority--* * * * * (2) no order made by a competent authority under this act shall be reversed or altered on appeal or revision on account of any error, omission or irregularity in the proceedings, unless it appears to the prescribed appellate authority or ..... in contravention of its provisions was clearly outside its competence.(46) although in our opinion the violation of the provisions of s. 57(3) of the act was, in this case a mere curable irregularity, we should, i think, impress upon the regional transport authorities in the state the necessity for meticulous adherence .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant90; AIR1960Mys90
..... he wants to put on the road if the permit is granted to him. he has referred us to rule 163 of the rules framed under the madras board traffic code, 1940, which is operative in the present by a person even after it is decided that the permit in question should be given to him.(6a) rule 163 ..... judgment in that case, abserved as follows:'further, as pointed out by mr. karanth, the notification published by the regional transport authority under s. 57(2) of the act, itself contained the particulars of the type and seating capacity of the vehicle which had to be used. it therefore became quite superfluous for the petitioner to state those particulars ..... shall contain the particulars mentioned therein and that an application, which does not contain those particulars, cannot be said to be an application for permit under the motor vehicles act. i have already referred to s. 46, as it stood prior to its amendment. the said section is clearly mandatory in its terms. it provides that the particulars .....
Tag this Judgment!