Judgment Search Results Home > Cases Phrase: motor vehicles west bengal amendment act 1985 Court: karnataka Page 1 of about 823 results (0.105 seconds)

Ganesh Vs. Syed Munned Ahamed and ors.

Court : Karnataka

Reported in : 2000ACJ1463

..... sections 110 to 110-f of the act were substituted for the former section 110 by the motor vehicles (amendment) act, 1956 with effect from 16.2.1957 providing a more effective machinery for adjudication and recovery of claims arising out of the motor accidents involving death of, or bodily injury to, persons and damages to any property of a third ..... the compensation awarded on that basis and specify the liability of each set of the parties, namely, the driver, owner and insurer of each of the vehicles separately.the court, after referring to and examining section 110-b and other provisions of the act and the motor vehicles rules, 1963 (hereinafter referred to as 'the rules'), and also after referring to the division bench decision of the punjab and haryana high court in the ..... cause an accident are not joint tortfeasors even though the resultant damage caused to the third party is the same, and(ii) section 110-b of the motor vehicles act, 1939, stipulates that the tribunal has to specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be and that this necessarily means that the tribunal has to ..... , it may be useful to refer to the decision of the supreme court in the case of commissioner of agricultural income tax, west bengal v. ..... state road trans.corporation 1985 acj 228 (orissa ..... prasad 1985 acj 280 (karnataka), and also in the ..... das 1985 acj 199 (karnataka) and in the case of united india .....

Sugalabai Vs. Gundappa A. Maradi and ors.

Court : Karnataka

Reported in : ILR2007KAR4790; 2008(2)KarLJ406

..... (1). that being so, when parliament stepped in and enacted the central amendment act, it being a later law made by parliament 'with respect to the same matter', the west bengal amendment act stood implied repealed.emphasis supplied ..... that the said question will have to be determined on the basis of the date of passing of the final partition decree by metes and bounds and where the preliminary decree had been passed prior to the commencement of the amending act, the final decree passed after such commencement, daughter would be entitled to a share in the coparcenary property under clause (ii) of the said section 29-a and observed that since the legislation is beneficial and placed on the ..... . 476, jt 2000(10) sc 125, air 1996 sc 2384, air 2001 sc 1273, air 1959 sc 459, air 1969 sc 493 and also air 1985 sc 119, to contend that as the karnataka amendment act, 1990 is repugnant to the amendment brought in by the central government in 2005, the law made by the parliament will have to prevail over the state legislation and, therefore, to the extent of repugnancy, section 6a(d) of the state amendment act, 1990 will have to be held as void and ineffective.9 ..... v. state of karnataka 1985 (suppl) scc 476) may also be noted, wherein this court in paragraph-18 of the judgment (see page 496) had the following to state:thus, in my opinion, the five principles have to be read and construed together ..... v. niranjan modak : [1985]2scr202 and the observations made at paragraph-9 are as under .....

B.S. Narayanaswamy Vs. the Deputy Commissioner for Transports, Mysore ...

Court : Karnataka

Reported in : I(1994)ACC53; AIR1994Kant118; 1993(3)KarLJ292

..... 30 for purposes of entitlement of exemption from payment of tax for the period of non-use of the vehicle.by virtue of karnataka motor vehicles taxation (first amendment) rules, 1985, the r. ..... before dealing with the contentions advanced by the petitioner, the relevant provisions of the taxation act applicable to the subject matter are as hereunder :--sections 3 and 4 of the act enjoins on the registered owner or person having possession and control of a motor vehicle kept in the state absolutely liable to pay tax in advance at the rates specified in the schedule thereto for a quarter, half year or year at his choice ..... facts to briefly state are that the vehicle belonging to the petitioner was found plying on the road on 26-1-1993 without payment of the tax when the transport authorities made a surprise check of the vehicle, and in view of the contravention of the provisions of the karnataka motor vehicles taxation act, 1957 and the rules made thereunder (hereinafter called 'the act'), the vehicle was seized by the transport authorities. ..... writ petition is whether the owner or person having the possession or control of a motor vehicle is not bound to pay the tax because the vehicle was either under repair or for the period the vehicle was under detention of the authorities due to seizure effected for contravention of the provisions of the act and whether tax liability must be confined to only for the month when the vehicle was found plying and not for quarter, half yearly or yearly .....

Pushpalatha N.V. W/O Nemraj Vs. V. Padma Widow of Vasantha Kumar D.N.,

Court : Karnataka

..... when parliament stepped in and enacted the central amendment act, it being a later law made by parliament 'with respect to the same matter', the west bengal amendment act stood implied repealed ..... ground of the pious obligation under the hindu law, of such son, grandson or great-grandson to discharge any such debt;provided that in the case of any debt contracted before the commencement of the hindu succession (amendment) act, 2005 nothing contained in this sub-section shall affect-(a) the right of any creditor to proceed against the son, grandson of great-grandson, as the case may be; or(b) any alienation made in respect of or in ..... of gender but also led to oppression and negation of her fundamental right of equality guaranteed by the constitution and having regard to the need to render social justice to women, the parliament has passed the amendment act, giving the daughter equal status with the son and equal rights in the coparcenary property the amendment act is curative, remedial in nature, and wants to undo the injustice done to her in the last 50 ..... thus, by virtue of the substituted provision what the parliament intends to do is first to declare that, on and from the commencement of this amendment act in a joint hindu family governed by the mitakshara law, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son and have the same rights in ..... v. niranjan modak : 1985 (1) scc 270 and the observations made at .....

Sri H. D. Kumarswamy Former Chief Minister of Son of Sri H.D. Devegowd ...

Court : Karnataka

..... by parliament "with respect to the same matter", the west bengal amendment act stood impliedly repealed." 31. ..... held:- "6.2) of course, it is seriously contended by mr.vijavashankai, learned senior counsel appearing for the petitioner that it would be very unsafe for the respondents or for the jurisdictional magistrate much less to this court to act upon and/or to initiate, to investigate, to prosecute or to pass any orders based upon the lokayukta report which is yet to be accepted by the government; or based upon the satellite maps enclosed along with the ..... act no.4/1985) would override the provisions of prevention of corruption act, 1988 (central act ..... state of karnataka (including any omission or commission in connection with or arising out of such action) in certain cases and tor matters connected therewith or ancillary thereto" received the assent of the president on 16.01.1985 and brought into force with effect from 15.01.1986. 32. ..... 1985 by the lokayukta or upa lokayukta, if he is satisfied that the public servant has committed any criminal offence and should be prosecuted in a court of law for such offence, then, he may pass an order to that effect and initiate prosecution of the public servant concerned in terms of section 14 of the karnataka lokayukta act ..... 1985 ..... rules, 1985. 50. ..... 1985 ..... necessary to state that the provisions relating to investigation under section 9 relate to investigation into a complaint as defined under rule 4 of the karnataka nokayukta rules, 1985. ..... 1985 ..... 1985 .....

M. Abdul Khader and anr. Vs. Mysore Revenue Appellate-tribunal, Bangal ...

Court : Karnataka

Reported in : AIR1967Kant6; AIR1967Mys6

..... mysore.even when that writ petition was pending the mysore legislature enacted the mysore act no 16 of 1955 (the motor vehicles (mysore amendment) act. ..... that enactment consolidated and amended the law relating to motor vehicles and road traffic in the then state ..... application was duly published under section 57 (3) of the motor vehicles act 1939 (to be hereinafter referred to as the 'act'). ..... a right of preemption accrued to him under the old act as soon as the transfer was made and there being nothing in amending act to take that right away, it survived by virtue of section ..... legislature passed the mysore motor vehicles and road traffic act. ..... of the 1963 rules provides:'the mysore motor vehicles and road traffic rules. ..... promulgated 'the mysore motor vehicles rules, 1963' ..... 1945 and all other rules corresponding thereto in force in any area of ihe state immediately before the commencement of these rules, except the rules issued under section 68-1 of the act are hereby repealed: provided that anything done or any action taken under any of the rules so repealed shall, unless such thing or action is inconsistent with any of the provisions of these rules, be deemed to ..... to the question referred must, there fore, be in the affirmative, it being under stood, however, that registration must have been completed before the amending act.'22. ..... bengal general clauses act, together with the remedy of an application which survived both by virtue of section 8 (e) of that act and the general principles .....

Manakchand Motilal Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1991KAR1928; 1992(1)KarLJ1

..... 1961 and persons who are doing business as money lenders having taken licences under the karnataka money lenders act, 1961 have questioned the constitutional validity of the karnataka pawn brokers (amendment) act, 1985 and the karnataka money lenders (amendment) act, 1985 on the ground that the provisions of the said acts are violative of articles 14 and 19 of the constitution of india and they have also questioned the constitutional validity of section 4(2)(c) and section 23(2) of the karnataka pawn brokers ..... condition of licence - (1) every applicant who has been granted a licence under section 7, whether before or after the commencement of the karnataka money lenders (amendment) act, 1985 shall within thirty days from the date of such commencement, and thereafter before the last day of october of every year pay security deposit as provided in sub-section (2). ..... in view of the incorporation of section 7a and 7b into the money lenders act by the karnataka money lenders (amendment) act, 1985 and the incorporation of sections 4a and 4b into the karnataka pawn brokers (amendment) act, 1985, the petitioners are challenging the constitutional validity of the said provisions on the ground they are violative of articles 14 and 19(1)(g) of the constitution. ..... rural development cess on (a) sales tax 42.00 (b) motor vehicles-tax 8.00 2. .....

M/S. Manakchand Motilal and Others Vs. State of Karnataka and Others

Court : Karnataka

Reported in : AIR1992Kant123

..... and persons who are doing business as money lenders having taken licences under the karnataka money lenders act, 1961 have questioned the constitutional validity of the karnataka pawn brokers (amendment) act, 1985 and the karnataka money lenders (amendment) act, 1985 on the ground that the provisions of the said acts are violative of articles 14 and 19 of the constitution of india and they have also questioned the constitutional validity of section 4(2)(c) and ..... licence -- (1) every applicant who has been granted a licence under section 7, whether before or after the commencement of karnataka money lenders (amendment) act, 1985 shall within thirty days from the date of such commencement, and thereafter before the last day of october of every year pay security deposit as ..... in view of the incorporation of sections 7a and 7b into the money lenders act by the karnataka money lenders (amendment) act, 1985 and the incorporation of sections 4a and 4b into the karnataka pawn borkers (amendment) act, 1985, the petitioners are challenging the constitutional validity of the said provisions on the ground they are violative of ..... .00(b)motor vehicles-tax8 ..... lending' and money lenders falling under entry 30 of list ii of the seventh schedule to the constitution.iii) even on the basis that insisting of deposit is for the purpose of the act, the insistence could have been on the basis of percentage of the money invested in the business, but the slab basis as has been specified in the table u/s. .....

K. Srinivasa Setty Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1986KAR523

..... the karnataka motor vehicle taxation (second amendment) act, 1979 (karnataka act 24 of 1979) ('amending act') which received the assent of the governor on 26-4-1979 and was first published in the karnataka gazette extra-ordinary dated 28-4-1979, enhanced rates of taxes on public carrier vehicles retrospectively from 27-3-1979, the validity of which had been challenged by the petitioner and others before this ..... petitioners who are either registered owners or persons in possession of motor vehicles detailed in their respective writ petitions are exigible to taxes under the karnataka motor vehicles taxation act, 1957 (karnataka act no. ..... some cases, the petitioners have also challenged the validity of rule 29 of the karnataka motor vehicles taxation rules, 1957 ('the rules') as ultra-vires of the act and as violative of article 14 of the constitution.6. ..... /82 : the petitioner who is the registered owner of motor vehicle bearing registration no. ..... /79 : the petitioner who is the registered owner of motor vehicle no. ..... dismissing the said writ petition, this court granted time or instalments for payment of difference of taxes payable under the amending act. ..... 5803 classified as a stage carriage paid the taxes due on the said vehicle for the quarter commencing from 1-5-1978 and ending on 31-7-1978 on 9-8-1978 ..... of 1983 : among others, the petitioner is the registered owner of 25 public carrier vehicles detailed in annexure-a to the writ petition which were exigible to taxes under the act.18-2. .....

Antrix Corporation Ltd. Vs. Assistant Commissioner of Commercial Taxes ...

Court : Karnataka

Reported in : (2010)29VST308(Karn)

..... to be 'goods' within the meaning of the west bengal taxation act and it was stated that they are the goods within the definition of the 'sale' as amended ..... for an agreed consideration and hence, the facility to use the transponder is a property and it is commercial in nature and 'goods' for the purpose of section 2(15) of the kvat act and that the agreement for a specified period and specified bandwidth was entered into in the state of karnataka in respect of leasing out the facility to use the transponders, using the ..... 102 stc 106 (sc) : [1996] 4 scc 433, it is stated that the same are not applicable, as the transfer does not come within the scope of provisions of section 6(4) of the kvat act, 2003, as the satellite or the transponders are located in the geostationary orbit outside the territory of india and therefore, the question of levy of tax by the state does not arise; that taxability ..... judgment, held that the said explanation was in excess of the legislative power under entry 54 of list ii of the seventh schedule and accordingly directed that explanation 3(d) to section 2(t) of the karnataka sales tax act, 1957 shall be read down to this effect that would not be applicable to the transactions of transfer of right to use any goods if such deemed sale is (i) an outside sale, (ii) sale in ..... edu-sat equipment and carto-sat project and also engaged in providing foreign host facility for launching of space satellites on board pslv launching vehicles and also track foreign satellites. .....