Judgment Search Results Home > Cases Phrase: metro railways amendment act 2009 section 12 amendment of section 23 Page 9 of about 141,393 results (0.822 seconds)

Ramesh Kumar Swarup Chand Sancheti and anr. Vs. Rameshwar Vallabhram B ...

Court : Mumbai

Reported in : AIR1983Bom378; 1983(2)BomCR283; (1983)85BOMLR211; 1983MhLJ467

..... and 57 were filed thereafter and they came to be decided by the orders passed on 18-9-1981. thus the very execution proceedings were initiated after the amendment act came into force. therefore obviously in the view which we have taken the appeals against the said orders were not maintainable and therefore the only remedy left to ..... ) any order of dismissal for default. explanation................'in our opinion there is much substance in the contention raised by shri jhaveri, the learned counsel for petitioners-plaintiffs.by the amending act no. 104 of 1976 the words 's. 47 or' are omitted. the omission of words 's 47 or' from s. 2 (2) of the code is ..... the provisions of s. 97 (2) (a). various clauses of s. 97 clearly indicate that the rights which are vested in the litigant are wholly saved and the amending act has no retrospective effect. in support of this contention shri abhyankar has placed reliance upon the decision of madhya pradesh high court in : air1980mp16 . chuluram v. bhagatram, .....

K.V. Amarnath and Another Vs. State of Karnataka and Others

Court : Karnataka

Reported in : ILR1998KAR730; 1998(5)KarLJ62

..... of facts and circumstances and the position of law noted herein before would show the existence of the following circumstances before the passing of the impugned amendment rules--(a) that the karnataka excise act had been enacted to provide for a well-known law relating to the production, manufacture, possession, import, export, transport, purchase and sale of ..... the impugned rules are termed to be a method facilitating the sale of 'seconds' in imfl. it is contended that as despite amendment in 1989, the respondent-state failed to implement the same, their acts of commission and omission are deemed to be mala fide and against public interest. reliance is also placed upon the 26th report of ..... with the submissions made on behalf of the respondents that the state executive had the right to make or amend any rule in exercise of its sovereign power or the power vested in it under the general clause act. it is not in dispute that the impugned rules were passed by the state in exercise of the .....

Jagarlamudi Rosaiah S/O. Venkanna Vs. Daggubati Venkanna S/O. Anjaiah

Court : Andhra Pradesh

Reported in : 2007(6)ALD26; 2008(1)ALT88

..... and propriety of the order of remand made by the high court. prior to the insertion of rule 23a in order 41 of the code of civil procedure by cpc amendment act, 1976, there were only two provisions contemplating remand by a court of appeal in order 41 of cpc. rule 23 applies when the trial court disposes of the entire ..... with findings and reasons therefor of the trial court, are required to be returned to the appellate court.however, still it was a settled position of law before 1976 amendment that the court, in an appropriate case could exercise its inherent jurisdiction under section 151 of the cpc to order a remand if such a remand was considered pre-eminently ..... is considered necessary. on twin conditions being satisfied, the appellate court can exercise the same power of remand under rule 23a as it is under rule 23. after the amendment all the cases of wholesale remand are covered by rule 23 and 23a. in view of the express provisions of these rules, the high court cannot have recourse to .....

S.V.B.N.R. English Medium High School Vs. Commissioner of Endowments a ...

Court : Andhra Pradesh

Reported in : 2003(4)ALD173; 2003(4)ALT802

..... land or otherwise is not mentioned. thus, altogether a new schedule is sought to be made as annexure by substitution. such a type of amendment is not permissible and defeats the object of section 83 of the act. subsequent encroachments of altogether different land gives rise to a separate cause of action depending on its own facts. but, it cannot be permitted ..... the parties that the provisions of civil procedure code as far as they are applicable can be made applicable to the proceedings under the act. therefore, there is no dispute that an application could be filed under order 6 rule 17 seeking amendment.9. the question that calls for consideration is whether the petitioner has effective and alternative remedy by way of revision before .....

Union of India (Uoi) and anr. Vs. Smt. Gayatri Srivastava and ors.

Court : Allahabad

Reported in : 2003ACJ486; 2002(3)AWC2168

..... cannot claim compensation he has also submitted that ramesh chandra srivastava died on 7.2.1994, which is prior to the enforcement of the amendment of the railways act by the railways (amendment) act. 1994 (act no. 28 of 1994), which came into force on 28.4.1994, and, therefore, the claimants were not entitled to any compensation.4 ..... examining the contentions raised, it will be useful to notice the relevant statutory provisions. chapter xiii of the railways act deals with liability of railway administration for death and injury to passengers due to accidents. by the railways (amendment) act. 1994, sub-section (c) in section 123, relating to definitions, and a new section 124a were ..... contended that expression 'untoward accident', which includes the accidental falling of any passenger from a train carrying passengers, was inserted by the railways amendment act, 1994 on 28.4.1994 and as the accident took place on 7.2.1994, the claimants were not entitled to compensation under section 124a of .....

Jai Singh and anr. Vs. N.A. Subramaniam and anr.

Court : Punjab and Haryana

Reported in : AIR1982P& H407; [1985]58CompCas653(P& H)

..... of the controversy it would be appropriate to refer to certain relevant provisions of the act and the rule.11. sections 110 to 110-f and section 111-a of the act were added to the principal act of 1939 by the various provisions contained in the amendment act (no. 100 of 1956). section 110 provide for the constitution of a claims ..... jurisdiction of the claims tribunal, as part of their implied or ancillary powers, even in the absence of an express provision to that effect in the act. the power to grant amendment of the pleadings must, in my judgment be regarded as inherent in all tribunals or authorities which are charged by the law with the duty of enquiring ..... form a provision is made in sub-clause (h) for the claimant to enter the figure of compensation claimed for a permanent disability. neither the act nor the rules make provision for amendment of the entries or pleadings made by the claimant in the prescribed form. it must, however, be remembered that mere forms do not conclude the .....

Madras Rubber Factory Limited Vs. State of Kerala

Court : Kerala

Reported in : [1989]74STC56(Ker)

..... excise duty charged on the production of goods sold forms part of the sale consideration and should properly be included in the purchase turnover.(5) the amendment to section 12 of the rubber act by the amendment act, 1960 was only for the purpose of facilitating easy collection of the rubber cess due on the production of rubber. in this case, the liability ..... for rubber cess as a duty of excise is on the production of rubber and is principally that of the producer, in spite of the provision in the amended act for deferred payment by the purchaser.(6) in spite of a provision for deferred payment and/or for payment by the purchaser, there is no alteration of the essential ..... .14. m.s. menon, c.j., in ruby rubber works v. rubber board ilr (1966) ker 60 upholding the validity of section 12 of the act pointed out:prior to the rubber (amendment) act, 1960 the appellant paid the duty to the producer and he paid it to the board. now the appellant does not pay it to the producer but .....

Citizens Forum for Mangalore Development, Represented by its Joint Co- ...

Court : Karnataka

..... 227 of the constitution of india praying to issue such appropriate writ to annul section 76ff to the karnataka town and country planning and certain other laws (amendment) act, 2013 (act 67 of 2013) w.e.f. 19.10.2013 annex-a and the notification issued, in part-iv-a of the karnataka extraordinary gazette dated 31 ..... and it is 50% only in cases of residential buildings. sub-section 2 of section 76ff of the karnataka town and country planning and certain other laws (amendment) act 2013 lists out instances where regularisation is not permitted. some of the instances which would have effect on the environment and a possible impact on the immediate ..... laws made under section 423, the commissioner may regularise building constructed prior to the date of commencement of the karnataka town and country planning and certain other laws (amendment) act, 2004 subject to the following restrictions and such rules as may be prescribed and on payment of the amount specified in sub-section (2), namely:- (a) .....

Smt. Santosh Achcha Vs. State of Karnataka by Its Secretary Revenue De ...

Court : Karnataka

Reported in : ILR2008KAR2413

..... conveyance are chargeable to stamp duty at the rates specified on the amount or value of consideration for such conveyance as set forth therein. the karnataka stamp (amendment) act of 1975, amended article 20 by substituting the words 'market value of the property which is the subject matter of conveyance' in the place of the words 'amount or value ..... is liable to be dismissed. it is stated that the petitioner has not questioned the legislative competency to amend the karnataka stamp act and it is not necessary to go into that question. it is further stated that before the amended act 24/1999, the sub-registrar used to register the document and then refer the same to the district ..... down by the apex court and this court in division bench has to be followed and the provisions of section 45a and section 45b of the act introduced by way of amendment confers arbitrary powers on the authority without there being any basis and the decision of the apex court and this court holds good as such, the .....

Channigappa and Another Vs. State of Karnataka and Others

Court : Karnataka

Reported in : ILR2000KAR2941; 2000(6)KarLJ163

..... and that authority cannot be denied any power in the matter of conduct of elections to taluka and zilla panchayats. it is their case that the amendment act 8 of 2000 is unconstitutional, invalid and illegal due to the reason that the power vested with the election commission is taken away by the government ..... provides for a delimitation of territorial constituency, subject to general or special orders of the state election commissioner the state government has amended these provisions by act 8 of 2000. section 7 of the amended act provides for the substitution of the word 'government' for the word 'state election commission' in sections 121, 122 and 123 ..... be said to, be aggrieved by this legislation. they also contend that the amendment act is constitutionally valid. the amendment only has resulted in restoration of the position which prevailed before certain changes were inserted in the principal act by the amendment act 29 of 1997. they also say that no details are furnished with regard to .....