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Judgment Search Results Home > Cases Phrase: securities laws amendment act 2004 chapter iii amendments to the depositories act 1996 Court: karnataka Page 1 of about 683 results (0.291 seconds)

Dec 13 2016 (HC)

Citizens Forum for Mangalore Development, Represented by its Joint Co- ...

Court : Karnataka

..... petitions are filed under articles 226 and 227 of the constitution of india praying to declare (i) the karnataka town and country planning (regularisation of unauthorised development or constructions) rules, 2014 (at annex-l); (ii) the karnataka town and country planning and certain other laws (amendment) act, 2013 (at annex-g) (iii) the karnataka town and country planning act and certain other laws (amendment) act, 2009 (at annex-e) and (iv) the karnataka town and country planning act and certain other laws (amendment) act, 2004 (at annex-b), as unconstitutional, illegal and ultra vires and ..... now, the outline development plan as prescribed in the schedule appended to the new act, cannot even be amended by the procedure prescribed under chapter iii of the planning act. ..... subsequent thereto, bangalore city planning area zonal regulations (amendment and validation) act, 1996 was enacted by the state legislature, which resulted in regularisation of the offending portion of the building in question. ..... the submission is that this amending act will greatly prejudice the public safety, security, fresh air and light and convenience to the public at large. ..... we have already mentioned in our above discussion that the competency of the state legislature to bring such amendments cannot be challenged by the petitioners as the hon'ble supreme court, in the earlier petitions, upheld the proposed amendment, which was brought in the year 1996. .....

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Dec 13 2016 (HC)

Citizens Forum for Mangalore Development Vs. The State of Karnataka

Court : Karnataka

..... petitions are filed under articles 226 and 227 of the constitution of india praying to declare (i) the karnataka town and country planning (regularisation of unauthorised development or constructions) rules, 2014 (ii) the karnataka town and country planning and certain (at annex-l); 5 other laws (amendment) act, 2013 (at annex-g) (iii) the karnataka town and country planning act and certain other laws (amendment) act, 2009 (at annex-e) and (iv) the karnataka town and country planning act and certain other laws (amendment) act, 2004 (at annex-b), as unconstitutional, illegal and ultra vires and ..... the legislature in its wisdom thought to provide a maximum height of a new building in the statute itself and it is no longer left to the discretion of the authority to provide a maximum height of a new construction by framing zonal regulations the outline under development plan as prescribed in the schedule appended to the new act, cannot even be amended by the procedure prescribed under chapter iii of the planning act. ..... the submission is that this amending act will greatly prejudice the public safety, security, fresh air and light and convenience to the public at large. ..... we have already mentioned in our above discussion that the competency of the state legislature to bring such amendments cannot be challenged by the petitioners as the hon ble supreme court, in the earlier petitions, upheld the proposed amendment, which was brought in the year 1996. .....

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Dec 09 2011 (HC)

Natural Remedies Pvt. Ltd., Bangalore, Rep. by Its Chairman and Managi ...

Court : Karnataka

Reported in : 2012(4)CTC(IP)8; 2012(3)KCCR140(SN)

..... the specification within the prescribed period;(b) all the available characteristics of the material required for it to be correctly identified or indicated are included in the specification including the name, address of the depository institution and the date and number of the deposit of the material at the institution;(c) access to the material is available in the depository institution only after the date of the application of patent in india or if a priority is claimed after the date of the priority;(d) disclose the source and geographical origin of the biological material in the ..... manufacture;(ii) machine, apparatus or other article;(iii) substance produced by manufacture, and includes any new and useful improvement of any of them and an alleged invention.by way of amendment, by amendment act, 2002 the word invention reads as under:-2(1)(j) invention means ..... the defendants have also put forth a counter claim and sought for revocation of the patent granted to the plaintiff under section 64 read with section 104 of the act on the ground that patent no.186857 was not patentable under chapter ii of patents act 1970 and that the said patent was granted on the application of the plaintiff without it being entitled for patent under the provisions of the act ..... the price of the grant of the monopoly is the disclosure of the invention at the patent office which, after the expiry of the fixed period of the monopoly, passes into the public domain.18: the fundamental principle of patent law .....

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Mar 20 2015 (HC)

Krishnakumari Vs. K. Suresh Kumar

Court : Karnataka

..... the said sub-section reads as follows: (1a) the documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53a of the transfer of property act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the registration and other related laws (amendment) act, 2001 and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the ..... has been registered: provided that an unregistered document affecting, immovable property and required by this act, or the transfer of property act, 1882, to be registered may be received as evidence of a contract in a suit for specific performance under chapter ii of the specific relief act, 1877, (or as evidence of part performance of a contract for the purposes of section 53-a of the transfer of property act, 1882,) or as evidence of any collateral transaction not required to be effected by registered instrument ..... the plaintiff tried to secure the katha in respect of the suit schedule property and had failed, there is no substance in the contention of the plaintiff that he had purchased the ..... the code of civil procedure, 1908, against the judgment and decree dated 27.08.2008 passed in o.s.no.4744/2004 on the file of the xvii additional city civil judge, bangalore, decreeing the ..... iii) if the object in putting the document in evidence does not fall within the two purposes mentioned in (ii) supra, the ..... 1996 .....

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Mar 20 2015 (HC)

Smt Krishnakumari Vs. Sri K Sureshkumar S/O Late Krishnaiah Shetty

Court : Karnataka

..... the said sub-section reads as follows: (1a) the documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53a of the transfer of property act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the registration and other related laws (amendment) act, 2001 and if such documents are not registered on or after such 7 commencement, then, they shall have no effect for the purposes of the ..... has been registered: provided that an unregistered document affecting, immovable property and required by this act, or the transfer of property act, 1882, to be registered may be received as evidence of a contract in a suit for specific performance under chapter ii of the specific relief act, 1877, (or as evidence of part performance of a contract for the purposes of section 53-a of the transfer of property act, 8 1882,) or as evidence of any collateral transaction not required to be effected by ..... the plaintiff tried to secure the katha in respect of the suit schedule property and had failed, there is no substance in the contention of the plaintiff that he had purchased the ..... rule 1 of the code of civil procedure, 1908, against the judgment and decree dated 27.08.2008 passed in o.s.no.4744/2004 on the file of the xvii additional city civil judge, bangalore, decreeing the suit for ..... iii) if the object in putting the document in evidence does not fall within the two purposes 13 mentioned in (ii) supra, the ..... 1996 .....

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Jul 02 2008 (HC)

The Bank of Tokyo-mitsubishi Ltd. (Formerly the Bank of Tokya Ltd. and ...

Court : Karnataka

Reported in : 2008(6)AIRKarR111(DB)

..... act. our view is also fortified by the approvals and sanctions granted by the rbi and roc in the year 1996 and in the year 2004 under the reserve bank: of india act, 1934, banking regulations act, 1949 and companies act, 1956, the approvals and sanctions were granted on the footing that the merger of the bank of tokyo with the bank of mitsubishi ..... the petitioner has also produced an opinion from m/s hadano & partners, a law firm at tokyo, on the effect of meager under japanese laws and the legal opinion is accompanied by relevant extracts of the company law of japan as it existed in the year 2007 when it was amended, but it was pointed out at the bar that the law relating to merger was the same even in the year 1995 when the merger of the two banking companies in the instant case took effect. ..... the hon'ble supreme court, after referring to several precedents, opined that even if there is tax order of a court sanctioning the scheme of amalgamation under sections 391 and 394 of the companies act whereunder the leases, rights of tenancy or occupancy of the transferor company get vested in and become the property of the transferee company, it would make no difference insofar as the applicability of section 14(1)(b) is concerned, as the act does not make any exception in favour of a lessee who may hare adopted each a course of action in order to secure compliance .....

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May 25 2012 (HC)

The State of Karnataka, Rep. by Its Chief Secretary, Government of Kar ...

Court : Karnataka

..... their letter dated 19.11.2011, clarified that in pursuance of the order of the honble supreme court of india dated 06.12.2010, in prakash singhs case, an affidavit was filed by them on 10.01.2011, and in the said affidavit it was submitted that they would abide by the direction of the honble supreme court to be passed in the case, on the basis of the submissions to be made by the central government regarding amendment of the relevant rules and regulation dealing with the cadre management rules in the matter of tenure of dg and igp of the state ..... . the dgp may, however, be relieved of his responsibilities by the state government acting in consultation with the state security commission consequent upon any action taken against him under the all india services (discipline and appeal) rules or following his conviction in a court of law in a criminal offence or in a case of corruption, or if he is otherwise incapacitated from discharging his ..... of 1996) to examine how far the action of the state government in superannuating the previous incumbent from the post of director general of police (dgp), karnataka within less than six months of his appointment to the post was in violation of the courts direction and further how far the action of the state government and the upsc was in violation of the courts direction in proceeding to prepare a fresh panel for appointment to the new vacancy and making appointment of a person selected from the panel prepared by the upsc to fill up the .....

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May 22 2012 (HC)

G.M. Venkatareddy and Others Vs. the Deputy Commissioner, Kolar Distri ...

Court : Karnataka

..... the act is a special act whereas the transfer of property act is a general act and in that view of the matter also section 51 of the transfer of property act will have no application and the consequences contained in section 5 would prevail, particularly having regard to section 11 of the act.iii) as has been discussed threadbare herein above, the burden of proving that the sale was not of granted land lies on the purchaser, in the light of section 5(3) of the ptcl act. ..... in harishchandra hegde vs state of karnataka (2004) 9 scc 780, applying the law enunciated by the apex court in paragraph-2 in manchegowda, the supreme court opined that the consequences contained in section 5 of the act apply automatically in the event an order section 4o of the ptcl act is passed. ..... the writ court, the appellants contended that the grant was absolute and unconditional; that the authorities had not perused the certified copy of the grant order, that sub-rule (8) of rule 43 of the mysore land revenue code (for brevity, the code) was amended on 04.08.1953 which provided for non-alienation for a period of 20 years only and by further amendment dated 06.07.1955, this period was further reduced to 15 years; that the division bench decision in shripad narayan hegde vs state of karnataka, 1996 .....

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Jun 26 2009 (HC)

The Karnataka Planters' Association by It's Chairman, Vs. State of Kar ...

Court : Karnataka

Reported in : ILR2009KAR2938:2009(6)AIRKarR227

..... the terms of the contract in this context, the apex court in the said decision considered the power of the industrial tribunal and the power of the appropriate government under the provisions of the minimum wages act and distinguishing the same, it is held that, the conditions of service under the contract cannot be altered by an appropriate government in exercise of power under the provisions of the act there cannot be any different opinion on this aspect in this case, it is not pointed out as to how the government is exercising its power outside the scope of the provisions of the ..... attendance, or(b) any other amenity or any service excluded by general or special order of the appropriate government;(ii) any contribution paid by the employer to any pension fund or provident fund or under any scheme of social insurance;(iii) any travelling allowance or the value of any travelling concession;(iv) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or(v) any gratuity payable on discharge.no doubt, there is no ..... the background of article 39, 39(e), 42 and 43 of the constitution requires that, the state must endeavour to make policy towards securing the right to an adequate means of life to the citizens of the ..... the purpose of determining the minimum wages, the authority cannot determine the minimum wages based on the general conditions of the employee or on the ground of social justice, and it must be in accordance with law .....

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May 23 2012 (HC)

G.M. Venkatareddy and Another Vs. the Deputy Commissioner, Kolar Distr ...

Court : Karnataka

..... the commencement of the act in violation of the condition regarding prohibition on such transfer and the transfer who had initially acquired only a voidable title in such granted lands had perfected his title in the granted lands by prescription by long and continuous enjoyment thereof in accordance with law before the commencement of the act, such granted lands would also not come within the purview of the present act, as the title of such transferees to the ..... the writ court, the appellants contended that the grant was absolute and unconditional, that the authorities had not perused the certified copy of the grant order, that sub-rule (8) of rule 43 of the mysore land revenue code (for brevity, the ode) was amended on 04.08.1953 which provided for non-alienation for a period of 20 years only and by further amendment dated 06.07.1955, this period was further reduced to 15 years ; that the ..... would be interesting to reproduce the relevant contents of chapter viii from manusmriti to the effect_ a pledge, a boundary, the property of infants, an (open) deposit, a sealed deposit, women, the property of the king and the wealth of a srotriya are ..... the limitation act, it has been prescribed that it would be 30 years in respect of immovable property belonging to a member of the scheduled tribes as specified in part iii to the schedule to the ..... 2004(9) scc 780, where the bench observed as follows:the act was enacted with the object enshrined in the preamble of the constitution including the .....

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