Court : Karnataka
Reported in : ILR1997KAR833
..... petitioners in w.p.11374/96 has contended that, by virtue of sub-section(2) of section 10 of karnataka societies registration act-1960, every amendment made under sub-section (1) of section 10 of the act in relation to change of name, rules and regulations of a society would have effect only after it is registered by the ..... and dr. n.m. prasad who appeared in person in w.p.10630/ 96. it is their contention that, the amendment was not made in accordance with the provisions of registration of societies act and the amendment has not received prior approval of the government as prescribed by the bye-laws of the society and above all, there is ..... registrar after having been satisfied that the amendment has been made in accordance with the provisions of the act and rules. section 6 of the societies registration act, deals with the requirements with respect to memorandum of association. sub-section (2) of section 6 deals with .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR1182
..... unreasonableness requiring any interference by this court. the process of appointment to the post of assistant professors now has to be initiated only in accordance with the amended c & r rules calling for applications from all the eligible candidates whether serving within the institute or by the process of direct recruitment. vi) anyhow keeping ..... public and private interest. it avoids endless confusion and needless chaos. an illegal appointment may be set aside under proper appointment may be made, at the acts of those who hold office de facto are not so easily undone and. may have lasting repercussions and confusing sequels if attempted to be undone. hence ..... regarding control of various heart diseases and abnormalities found prevalent in our country. the institute is a society registered under the provisions of the karnataka societies registration act, 1960. it is not in dispute that it is an instrumentality of the state government, as such, is a 'state' within the meaning of article .....
Tag this Judgment!Court : Karnataka
Reported in : 2002(1)KarLJ469
..... of 1968 by which the second proviso to section 6(1) was omitted, observed that -- 'the effect of amendment to section 6 of the central act by the amendment act is that the stale act expressly omitted the compensation to be paid wholly or partly out of public revenue or other agencies controlled or managed by the legal authority ..... relating to the cooperative societies in force in the state of karnataka. that purpose was a public purpose under the land acquisition act, 1894 before its amendment in 1984 as well as after that amendment. hence, the question whether the purpose of acquisition in this case was a public purpose is a simple question answer to ..... by the learned government advocate, it transpires that the appellant-society submitted the application on 13-11-1984 requesting for acquisition of land under the land acquisition act for the purpose of providing house sites to its members. all the relevant details relating to the society, its members, the sand required, size of plots .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR159; 1988(3)KarLJ215
..... 8. the definition of backward classes in the karnataka zilla parishads and taluk panchayats samithis, mandal panchayats and nyaya panchayats (conduct of election) rules 1985, as amended in 1987, reads thus:-'backward classes:- means rural artisans or landless agriculture labourers, whose gross annual income from all sources (including his share of income of ..... cannot be examined as if this court is a court of first appeal. unless the nomination made under section 5(3) is patently bad and is opposed to the relevant provisions of the act and the rules made thereunder, this court; would not interfere, in the exercise of its writ jurisdiction.19. the election of ..... are not eligible to be nominated under section 5(3) of the karnataka zilla parishads, taluk panchayat samithis, mandal panchayats and nyaya panchayats, act, 1983 (referred as 'the act').2. the four petitioners are the elected members of the mandal panchayat. according to the petitioners 24 members were elected to the mandal panchayat, .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR444; 1991(3)KarLJ308
..... manner prescribed in sub-sections (1) and (2) of section 77 does not amount to a corrupt practice under section 123(6). as the section now stands as amended, the legislature has deliberately used the words 'incurred or authorized by him or by his election agent between the date of publication of the notification calling the election and the ..... ex.p-68(a). it was therefore necessary for him to preserve all the original material received by him for being printed in this newspaper. but it is patently clear that at this point of time the witness had invented a story that a certain association called daily wage earners association donated the space to print this advertisement ..... r-1 and his election agents under sub-sections (1) (a)(a), (3), (3a), (4) and (6) of section 123 of the representation of the people act, 1951 ('the act' for short hereafter) during this election. they are as follows:(a) the nagamangala assembly constituency during that election had 1,17,135 voters out of whom 58,000 were .....
Tag this Judgment!Court : Karnataka
Reported in : [2003]133STC444(Kar)
..... 'the deputy commissioner of commercial taxes (administration)' employed therein will have to be read as joint commissioner of commercial taxes (administration), in the light of the amending act 5 of 1993) which had already come into effect from february 4, 1993.10. in this connection mr. ramesh invited our attention to the judgments of the ..... functioning at bangalore for the entire state and that joint commissioner became additional commissioner of commercial taxes, bangalore by virtue of section 2(3) of the karnataka amendment act 5 of 1993. that happened with effect from february 4, 1993. thus by the time notification dated january 19, 1993 got gazetted on april 22, 1993 ..... section 15(1) and therefore, the orders are null and void.in the alternative and on merits, it was submitted.2. that the revisional authority has patently erred in law in holding that the assessment orders were erroneous and prejudicial to the interest of the revenue though on correct appreciation of facts on record, .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR1095
..... . 19 of 1976 came into force, the dispute which was the subject matter for consideration was raised prior to the amendment act 19/1976. therefore, the division bench judgment only declared the law as it stood prior to the amendment of sections 69 and 70 and therefore it could not be said that in view of the said division bench judgment the view ..... ground that it came into conflict with the judgment of a division bench of this court in w.a. no. 356 of 1976 rendered on 17-10-19781, after the amending act came in to force.9. if the division bench had, in w.a. no. 356 of 19761 considered the effect of the ..... of limitation, and as the petitioner has not made out any good case to the effect that the dismissal of his appeal on the ground of limitation suffered from any patent error of law, in the normal course, we should have dismissed this petition.5. however, in view of the finding recorded by the tribunal in the same order that the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR3109
..... enhancement of rent by the landlord as well as eviction, except on certain specific grounds. the legislature by the amendment act no. 57 of 1988 has partially repealed the delhi rent control act. this is a case of express repeal. by amending act the legislature has withdrawn the protection hitherto enjoyed by the tenants who were paying rs. 3,500/- or above ..... the notification makes it clear that the provisions of sections 4, 5 and 10a of the act ceased to apply only with effect from the date of publication in the notification i.e., 24.4.95 and that as such it is patent that it has no retrospective operation so as to render the order already passed ineffective and that ..... apart, section 6 of the kgc act, which is made expressly applicable, clearly shows that the order of allotment passed as well as the .....
Tag this Judgment!Court : Karnataka
Reported in : 2005(2)ARBLR450(Kar); 2005(3)KarLJ143
..... accordance with international chamber of commerce rules. the original shareholders agreement dated 30-4-1997 was executed by the parties in hongkong and the amended and restated shareholders agreement dated 5-11-1997 was executed in london. there is a dispute as to whether the shareholders agreement or the ..... amended and restated shareholders agreement was executed in bangalore. 2. on october 26, 2001, the appellant initiated the arbitral proceedings under the icc rules in ..... by virtue of section 9 of the companies act. the first respondent contended before the lower court that the arbitral tribunal in its partial award grossly misinterpreted the repugnant provisions of the shareholders' agreement and misapplied the principles governing the doctrine of repugnancy to arrive at their patently erroneous conclusions. the first respondent further contended that .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR314; 1997(2)KarLJ555
..... the high courts of andhra pradesh, calcutta and patna, it becomes dear that the impugned order of the court below is patently untenable in law in as much as mere substitution in the execution petition by amendment of the mode for recovery of the decretal amount after twelve years of the date of decree will not be legally barred ..... then on 24.7.92 petitioner made i.a.no.iii under order 6 rule 17 read with section 151 cpc before the court below praying for permission to amend the execution petition to substitute the mode of execution thereon as by arrest or detention of respondent instead of by attachment and sale of said property.3. the learned ..... permitted it would be contrary to section 48 or article 182 of the limitation act.'it further proceeded to observe that;'where the execution petition for sending the judgment-debtor in civil prison is sought to be amended after twelve years claiming set off the amendment allowed on ground that if not allowed it would cause injustice and enable the .....
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