Court : Karnataka Dharwad
..... prevailing therein as on the date of commencement of the karnataka hindu religious institutions and charitable endowments amendment)act, 2011 and the same shall be recognized the rajya dharmika by parishat zilla dharmika parishat as the case may be: provided further that every committee of management or pancha committee or dharmadarshi committee or trustees non-hereditary constituted appointed under the repealed acts who were lawfully holding office shall cease to hold office from the date of the commencement the karnataka ..... the amendment act of 2011 takes away the jurisdiction and quasi judicial powers of authorities such as the charity commissioner and other posts held be judicial officers under the bombay public trusts act, 1950, and that those powers have been conferred on executive officers - untrained in law to decide complicated questions of law and therefore the independence of the judiciary has been affected, shri rao would contend that that the bombay public trusts act was repealed by section 78 of act no.33/2001 .....
Tag this Judgment!Court : Karnataka Dharwad
..... repeal and savings the karnataka land grant rules, 1968 and karnataka land revenue (amendment) rules, 1967 (rule 93-a) are hereby repealed: provided that the repeal shall not affect:- (a) the previous operation of any rule so repealed or anything duly done or suffered thereunder; (b) any right, privilege, obligation or liability acquired, accrued or incurred under any rule so repealed; (c) any penalty, forfeiture or punishment incurred in respect of any breach of or any offence committed against any rule so repealed; or (d) any investigation or legal proceedings or ..... be imposed as of such rule had not been repealed; provided further that subject to the preceding proviso anything done or any action taken (including any 7 notification, order, instruction, or direction issued) under any such rule shall be deemed to have been done or taken under the corresponding provision of these rules and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under the act or these rules, as the case may be ..... of transfer of granted lands (1) notwithstanding anything in any law, agreement, contract or instrument, any transfer of granted land made either before or after the commencement of this act, in contravention of the terms of the grant of such land or the law providing for such grant, or sub-section (2) shall be null and void and no right, title or interest in such land shall be conveyed nor be deemed ever to have conveyed by such transfer. .....
Tag this Judgment!Court : Karnataka Dharwad
..... repeal and savings - the karnataka land grant rules, 1968 and karnataka land revenue (amendment) rules, 1967 (rule 93-a) are hereby repealed: provided that the repeal shall not affect:- (a) the previous operation of any rule so repealed or anything duly done or suffered thereunder; (b) any right, privilege, obligation or liability acquired, accrued or incurred under any rule so repealed; (c) any penalty, forfeiture or punishment incurred in respect of any breach of or any offence committed against any rule so repealed; or (d) any investigation or legal proceedings or ..... be imposed as of such rule had not been repealed; provided further that subject to the preceding proviso anything done or any action taken (including any notification, order, instruction, or direction issued) under any such rule shall be deemed to have been done or taken under the corresponding provision of these rules and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under the act or these rules, as the case may be ..... of transfer of granted lands - (1) notwithstanding anything in any law, agreement, contract or instrument, any transfer of granted land made either before or after the commencement of this act, m contravention of the terms of the grant of such land or the law providing for such grant, or sub-section (2) shall be null and void and no right, title or interest in such land shall be conveyed nor be deemed ever to have conveyed by such transfer. .....
Tag this Judgment!Court : Karnataka Dharwad
..... prevailing therein as on the date of commencement of the karnataka hindu religious institutions and charitable endowments amendment) act, 2011 and the same shall be recognized by the rajya dharmika parishat or the zilla dharmika parishat as the case may be: provided further that every committee of management or pancha committee or dharmadarshi committee or non-hereditary trustees constituted or appointed under the repealed acts who were lawfully holding officer shall cease to hold office from the date of the commencement of the ..... hindu and other religion may be appointed: provided further that the committee of management in respect of notified institution be constituted according to the usage and practice prevailing therein: provided also that every committee of management or pancha committee or dharmadarshi committee or non hereditary trustees constituted or appointed under the repealed acts who were lawfully holding office shall cease to hold such office from the date of commencement of the karnataka hindu religious and charitable endowment (second amendment) act, 2011 ..... state of mysore, air 1960 mys. .....
Tag this Judgment!Court : Karnataka Dharwad
..... when the legislature amends the existing provision in a statute by way of substitution, the effect is the substituted provision stands repealed and the amended provision is substituted in the place of the earlier provision in the act as if the substituted provision is there in the act from the inception. ..... if the amendment act expressly states that the substituted provision shall corne into force from the date of the amendment coming into force, the said provision is prospective in ..... the tenure of the committee of co-operative society as per the provisions of section 28a (4) prior to amendment was as under : - "subject to the provisions of section 29-a and 39- a, the term of office of the members of the committee shall be five cooperative years and they shall be deemed to have vacated office as such members of committee on the date of completion of the said term ..... these writ appeals are filed against the order passed by the learned single judge dismissing the writ petitions and holding that the amendment to section 28a(4) of the karnataka cooperative societies act, 1959 which came into effect from 11.2.2013 which prescribe the term of office of the members of the committee shall be 5 co-operative yea's is only prospective in nature and it has do retrospective operation. 2. ..... therefore, the act was amended making it mandatory to conduct the elections on due dates and if elections are not conducted, the persons who are holding the post on the date were disqualified from contesting .....
Tag this Judgment!Court : Karnataka Dharwad
..... part of the decree, may not only support the decree but may also state that the finding against him in the court below in respect of any issue ought to have been in his favour; and may also take any cross-objection to the decree which he could have taken by way of appeal provided he has filed such objection in the appellate court within one month from the date of service ..... but due to change of law as amended by act no.59 of 1988, a special provision in section 170 has been engrafted in the motor vehicles act to enable the insurance company to apply to the tribunal for being impleaded in the proceedings to contest the claim on all grounds that are available to the insured owner of the vehicle ..... the decision of the division bench is with reference to section 110 of the repealed provision and the limited defence of insurer to hold cross objection appeal for enhancement was not ..... view, the judgment cited by the learned counsel would not be applicable and in view of the decision of the larger bench, of he apex court and conspectus of provisions of sections 149, 170 and 173 of the motor vehicles act, the right of the cross-objector to seek enhancement cannot be curtailed. ..... instant case, there is no dispute appellants herein were impleaded as respondents in the claim petition on its own volition and therefore, in view of the dictum of the apex court, it is a party to the proceedings. ..... in the case of savithri bai was rendered in the year 1981 referring to the repealed motor vehicles act. .....
Tag this Judgment!Court : Karnataka Dharwad
..... proceedings or recovery of arrears or remedy may be instituted, continued or enforced, and any such tax, surcharge, penalty, fine, interest, forfeiture or punishment may be levied or imposed as if these acts had not been so amended or repealed; (f) affect any proceedings including that relating to an appeal, review or reference, instituted before on, or after the appointed day under the said amended act or repealed acts and such proceedings shall be continued under the said amended act or repealed acts as if this act had not come into force and the said acts had not been amended or repealed. ..... any duty, tax, surcharge, fine, penalty, interest as are due or may become due or any forfeiture or punishment incurred or inflicted in respect of any offence or violation committed against the provisions of the amended act or repealed acts; or (e) affect any investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and any other legal proceedings or recovery of arrears or remedy in respect of any such duty, tax, surcharge, penalty, fine, interest, right, privilege, obligation, liability, forfeiture or punishment, as aforesaid .....
Tag this Judgment!Court : Karnataka Dharwad
..... proceedings or recovery of arrears or remedy may be instituted, continued or enforced, and any such tax, surcharge, penalty, fine, interest, forfeiture or punishment may be levied or imposed as if these acts had not been so amended or repealed; (f) affect any proceedings including that relating to an appeal, review or reference, instituted before on, or after the appointed day under the said amended act or repealed acts and such proceedings shall be continued under the said amended act or repealed acts as if this act had not come into force and the said acts had not been amended or repealed. ..... any duty, tax, surcharge, fine, penalty, interest as are due or may become due or any forfeiture or punishment incurred or inflicted in respect of any offence or violation committed against the provisions of the amended act or repealed acts; or (e) affect any investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and any other legal proceedings or recovery of arrears or remedy in respect of any such duty, tax, surcharge, penalty, fine, interest, right, privilege, obligation, liability, forfeiture or punishment, as aforesaid .....
Tag this Judgment!Court : Karnataka Dharwad
..... proceedings or recovery of arrears or remedy may be instituted, continued or enforced, and any such tax, surcharge, penalty, fine, interest, forfeiture or punishment may be levied or imposed as if these acts had not been so amended or repealed; (f) affect any proceedings including that relating to an appeal, review or reference, instituted before on, or after the appointed day under the said amended act or repealed acts and such proceedings shall be continued under the said amended act or repealed acts as if this act had not come into force and the said acts had not been amended or repealed. ..... any duty, tax, surcharge, fine, penalty, interest as are due or may become due or any forfeiture or punishment incurred or inflicted in respect of any offence or violation committed against the provisions of the amended act or repealed acts; or (e) affect any investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and any other legal proceedings or recovery of arrears or remedy in respect of any such duty, tax, surcharge, penalty, fine, interest, right, privilege, obligation, liability, forfeiture or punishment, as aforesaid .....
Tag this Judgment!Court : Karnataka Dharwad
..... proceedings or recovery of arrears or remedy may be instituted, continued or enforced, and any such tax, surcharge, penalty, fine, interest, forfeiture or punishment may be levied or imposed as if these acts had not been so amended or repealed; (f) affect any proceedings including that relating to an appeal, review or reference, instituted before on, or after the appointed day under the said amended act or repealed acts and such proceedings shall be continued under the said amended act or repealed acts as if this act had not come into force and the said acts had not been amended or repealed. ..... any duty, tax, surcharge, fine, penalty, interest as are due or may become due or any forfeiture or punishment incurred or inflicted in respect of any offence or violation committed against the provisions of the amended act or repealed acts; or (e) affect any investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and any other legal proceedings or recovery of arrears or remedy in respect of any such duty, tax, surcharge, penalty, fine, interest, right, privilege, obligation, liability, forfeiture or punishment, as aforesaid .....
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