Court : Karnataka
..... cannot be deduced from a general legislative entry as an ancillary power. (4) the entries in the lists being merely topics or fields of legislation, they must receive a liberal construction inspired by a broad and generous spirit and not in a narrow pedantic sense. the words and expressions employed in drafting the entries must be given the widest possible interpretation ..... attempt to reconcile the provisions of the apparently conflicting laws and court would - 96 - wp no.10575 of 2021 c/w wp no.17163 of 2021 endeavour to give harmonious construction. the purpose to determine inconsistency is to ascertain the intention of parliament which would be gathered from a consideration of the entire field occupied by the law. the proper test .....
Tag this Judgment!Court : Karnataka
..... cannot be deduced from a general legislative entry as an ancillary power. (4) the entries in the lists being merely topics or fields of legislation, they must receive a liberal construction inspired by a broad and generous spirit and not in a narrow pedantic sense. the words and expressions employed in drafting the entries must be given the widest possible interpretation ..... attempt to reconcile the provisions of the apparently conflicting laws and court would - 96 - wp no.10575 of 2021 c/w wp no.17163 of 2021 endeavour to give harmonious construction. the purpose to determine inconsistency is to ascertain the intention of parliament which would be gathered from a consideration of the entire field occupied by the law. the proper test .....
Tag this Judgment!Court : Karnataka
..... valerius industries v. union of india [valerius industries v. union of india, 2019 scc online guj 6866 : (2019) 30 gstl15 , the gujarat high court laid down the principles for the construction of section 83 of the sgst/cgst act. the high court noted that a provisional attachment on the basis of a subjective satisfaction, absent any 60 cogent or credible material .....
Tag this Judgment!Court : Karnataka Dharwad
..... limits on n.h.7 and the entire land surrounding the checkpost office belongs to the state government, railway administration as well as to the indian medical research centre. it is alleged that the 1st respondent has constructed and running a hotel/dhaba in the name and style of m/s.shiva bar and restaurant, without ..... limits on n.h.7 and the entire land surrounding the checkpost office belongs to the state government, railway administration as well as to the indian medical research centre. it is alleged that the 1st respondent has constructed and running a hotel/dhaba in the name and style of m/s.shiva bar and restaurant, without ..... of 2022 and connected matters to receive compensation; in other words, demarcating/earmarking the subject lands for road widening would have the limited/restricted effect of preventing construction activity and would neither affect the right, title, interest or possession of the writ petitioners over the said lands nor their right to receive compensation upon .....
Tag this Judgment!Court : Karnataka
..... partnership act 1932, so as to bring about a - 105 - nc:2024. khc:38869 crl.p no.9909 of 2017 c/w crl.p no.463 of 2018 harmonious construction of both the statutes. section 25 of the partnership act would have to be given its due meaning in section 141 of the n.i. act. since a partnership firm ..... word. the same principle has been reiterated in deewan singh v. rajendra pd. ardevi [(2007) 10 scc528 and sarabjit rick singh v. union of india. applying the doctrine of strict construction, we are of the considered opinion that commission of offence by the company is an express condition precedent to attract the vicarious liability of others. thus, the words as well ..... 1980. scc (cri) 695 : (1980) 2 scr380 this court has held that the term interlocutory order used in the code of criminal procedure has to be given a very liberal construction in favour of the accused in order to ensure complete fairness of the trial and the revisional power of the high court or the sessions judge could be attracted if .....
Tag this Judgment!Court : Karnataka
..... partnership act 1932, so as to bring about a - 105 - nc:2024. khc:38869 crl.p no.9909 of 2017 c/w crl.p no.463 of 2018 harmonious construction of both the statutes. section 25 of the partnership act would have to be given its due meaning in section 141 of the n.i. act. since a partnership firm ..... word. the same principle has been reiterated in deewan singh v. rajendra pd. ardevi [(2007) 10 scc528 and sarabjit rick singh v. union of india. applying the doctrine of strict construction, we are of the considered opinion that commission of offence by the company is an express condition precedent to attract the vicarious liability of others. thus, the words as well ..... 1980. scc (cri) 695 : (1980) 2 scr380 this court has held that the term interlocutory order used in the code of criminal procedure has to be given a very liberal construction in favour of the accused in order to ensure complete fairness of the trial and the revisional power of the high court or the sessions judge could be attracted if .....
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