Court : Karnataka
..... date of prior to the date of commencement of the mines commencement of the mines and minerals (development and and minerals (development and regulation) amendment act, regulation) amendment act, 2015 shall become ineligible. 2015 shall become ineligible. (2) without prejudice to subs (2) without prejudice to subs section (1), the following ..... mineral resources; and that it will alleviate the procedural delay, which in turn would check slowdown which adversely affected the growth of mining sector.19. the amendment act, 2015, as is evident from the objects, aims at: (i) eliminating discretion; (ii) improving transparency in the allocation of mineral resources; (iii) ..... amendment would operate prospectively unless it is expressly made retrospective or its retrospective operation follows as a matter of necessary implication . the amending act obviously does not make the relevant provision retrospective in terms and we see no reason to accept the suggestion that the retrospective operation of .....
Tag this Judgment!Court : Karnataka
..... date of prior to the date of commencement of the mines commencement of the mines and minerals (development and and minerals (development and regulation) amendment act, regulation) amendment act, 2015 shall become ineligible. 2015 shall become ineligible. (2) without prejudice to subs (2) without prejudice to subs section (1), the following ..... mineral resources; and that it will alleviate the procedural delay, which in turn would check slowdown which adversely affected the growth of mining sector.19. the amendment act, 2015, as is evident from the objects, aims at: (i) eliminating discretion; (ii) improving transparency in the allocation of mineral resources; (iii) ..... amendment would operate prospectively unless it is expressly made retrospective or its retrospective operation follows as a matter of necessary implication . the amending act obviously does not make the relevant provision retrospective in terms and we see no reason to accept the suggestion that the retrospective operation of .....
Tag this Judgment!Court : Karnataka
..... of cases involving either central government servants or officers belonging to public sector undertakings under the central government under different state and central government acts. the government of karnataka has also issued a notification for establishment of special court for trying the offences vide notification dated 24.09.2018 ..... cases involving either central government servants or officers belonging to public sector undertakings under the central government under different state and central government acts. therefore, he has contended that the contention of the petitioner's counsel cannot be accepted. in respect of the contention that the complainant is ..... karnataka government bearing no.hd234pcr2004dated 10.01.2005, the state of karnataka has accorded consent under section 6 of the delhi special police establishment act for exercising powers and jurisdiction by the members of the delhi police establishment within the state of karnataka for investigation of all types of .....
Tag this Judgment!Court : Karnataka
..... members and nominated members who play essentially an advisory role. pursuant to the seventy-fourth 29 constitutional amendment of 1994, sections 9, 65 and 72 of the act were amended. prior to the amendment the co- opted members were at par with the elected members, however, after 1994 only elected members and members of ..... thus, article 243r (2)(a) mandates that nominated members shall not have right to vote in the meetings of the municipality.13. the relevant sections of the karnataka municipalities act, 1964: section 2. definitions: xxx (6 ) 'councillor' means a person who is legally a member of municipal council [or town panchayat]. section 11. constitution of municipal ..... as nominated councilors are entitled to cast their vote in the election for the post of president / vice president under section42(2) of the karnataka municipalities act, 1964. declare that the votes cast by the petitioners in the election held on3012.2021 for the post of president in the respondent no.3 council as .....
Tag this Judgment!Court : Karnataka
..... from exs.p-1 to p-52. it is thereafter the defendant appeared and filed two interlocutory applications i.e., ia.no.13 under section 34 of the karnataka stamp act, 1957 read with section 151 of code of civil procedure, 1908 (hereinafter for brevity referred to as `cpc ), seeking a direction to the plaintiff to pay the duty and penalty ..... .8. observing accordingly and specifically observing that in the light of the above analysis, the impugned order passed on ia.no.13 filed under section 34 of the karnataka stamp act, 1957 read with section 151 of cpc and ia.no.15, filed under order xiii rule 1 of cpc, wp.no.41411/2017 15 on 08.08.2017, becomes null .....
Tag this Judgment!Court : Karnataka
..... the assistant commissioner, the prescribed authority under section 83), (the tribunal), (the tahsildar), the karnataka appellate tribunal, or the state government made under this act shall be questioned in any civil or criminal court.133. suits, proceedings, etc., involving questions required to be decided by the tribunal. (1) notwithstanding anything ..... the occupancy rights having already been granted by the special deputy commissioner for abolition of inams under the karnataka (p & m) inams abolition act, 1954 to the appellants, would not survive for consideration for the reason that the appellants themselves had challenged the very same issue of there being ..... is further stated that kowdenahally village was an inam village and pursuant to the abolition of the inams under the karnataka personal and miscellaneous inams abolition act, 1954 their father sri k.t.venkatappa submitted his claim for registration of his occupancy rights before the spl. deputy commissioner for inams abolition. the .....
Tag this Judgment!Court : Karnataka
..... and 7 (guddali and pickaxe) at his instance as per ex.p4. thus, he has not discharged the burden as contemplated under the provisions of section 106 of indian evidence act. thereby adverse interference has to be drawn against the accused.35. our view fortified by the dictum of supreme court in the case of prahlad vs- state of rajasthan reported ..... by digging a pit.17. admittedly deceased was a child aged about 8 years and the incident occurred on 18.11.2007 i.e., prior to the enactment of pocso act, which came into force w.e.f 19.06.2012. as per the provisions of section 376 of ipc as it stood as on the date of the incident, whoever .....
Tag this Judgment!Court : Karnataka
..... title and interest over the suit schedule property, in return for a valuable consideration in favour of the second party to the agreement.10. section 17 of the registration act, 1908, speaks about the documents that are compulsorily registerable. section 17(1)(b) mentions that, other non-testamentary instruments which purport or operate to create, declare, ..... not purport to by itself create, declare, assign, extinguish or limit right in properties. thus, the khararunama may not attract section 49(1)(a) of the registration act. it is keeping the above principle laid down in the above judgments in mind, the present case is required to be analysed.9. undisputedly, the suit of the ..... 49 years, r/at near svv temple, railway station road, kasargod, kerala 671121.5. m/s. mukka sea food industries pvt.ltd., a company registeed under the companies act having office at 1st floor, trinity complex, m.g. road, attavara, mangaluru, d.k. dist.575001. represented by its chairman, k. abdul razak, s/o. late .....
Tag this Judgment!Court : Karnataka
..... evidence should not only be consistent with guilt of the accused but should be inconsistent with his innocence.42. insofar as section 106 of the indian evidence act, 1872 though deceased latha had committed suicide by hanging with means of saree in her matrimonial home that she was not able to tolerate physical as well as ..... evidence, motive factor bares the important significance. motive always locks-up in the mind of the accused and sometime it is difficult to unlock. people do not act wholly without motive. the failure to discover the motive of an offence does not signify its non-existence.41. but the law regarding circumstantial evidence is well-settled ..... of deceased latha. but accused is also equally gravamen of the accusation made against him by initiation of criminal prosecution. under section 3 of the indian evidence act, 1872 it is made it clear that the domain it is vested with the prosecution for having subjected to 68 examination of material witnesses and similarly the domain .....
Tag this Judgment!Court : Karnataka
..... evidence should not only be consistent with guilt of the accused but should be inconsistent with his innocence.42. insofar as section 106 of the indian evidence act, 1872 though deceased latha had committed suicide by hanging with means of saree in her matrimonial home that she was not able to tolerate physical as well as ..... evidence, motive factor bares the important significance. motive always locks-up in the mind of the accused and sometime it is difficult to unlock. people do not act wholly without motive. the failure to discover the motive of an offence does not signify its non-existence.41. but the law regarding circumstantial evidence is well-settled ..... of deceased latha. but accused is also equally gravamen of the accusation made against him by initiation of criminal prosecution. under section 3 of the indian evidence act, 1872 it is made it clear that the domain it is vested with the prosecution for having subjected to 68 examination of material witnesses and similarly the domain .....
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