Court : Mumbai
Reported in : (1960)62BOMLR236
..... before we proceed to examine the relevant sections falling in this chapter, it is necessary to observe that the territory now termed as vidarbha which formed part of the old central provinces and berar or madhya pradesh has been integrated with the state of bombay under the states reorganisation act as and from november 1, 1956. ..... :- (1) having regard to the important functions which the legislatures have to perform in democratic countries, it has always been recognized to be a matter of first importance that elections should be concluded as early as possible according to time schedule and all controversial matters and all disputes arising out of elections should be postponed till after the elections are over, so that the election proceedings may not be unduly retarded or protracted.it is true that these observations were made while ..... if a challenge to the election of a member is allowed on the declaration of the result, but prior to its notification, then naturally on a good cause being shown the election tribunal would prevent notification of his name in the official gazette. ..... as soon as the result is notified the person entitled to challenge election can institute proceedings and obtain necessary orders preventing the president from discharging the functions of his office on making out a good case.24. .....
Tag this Judgment!Court : Mumbai
Reported in : 1984(2)BomCR729
..... on 1st november, 1956, the ex-hyderabad state came to be bifurcated as a result of the implementation of the state reorganisations act of 1956 and the marathwada area came to be transferred to the then bilingual state of bombay with effect from 1-11-1956. ..... 1-3-1980 observed that it was indeed difficult to know why the government thought of framing the charges when it was easier for it to appoint a fresh board after the expiry of statutory period of five years was over and if the government thought that the members were really guilty of any criminal offences it was open to the government to take action against each one of them for any such lapses, if any, under the ordinary ..... in this context, section 36-a of the act is also relevant which reads as under :---'notwithstanding any thing contained in the wakf deed, no transfer of any immoveable property of a wakf by way of---(i) sale, gift, mortgage or exchange, or(ii) lease for a period exceeding three years in the case of agricultural land or for a period exceeding one year in the case of non-agricultural land or building, shall be valid without the previous sanction of the board. ..... section 65 of the act deals with the protection of action taken in good faith. ..... according to this section, no suit or other legal proceeding shall lie against the board or the commissioner or any other person duly appointed under this act in respect of anything which is in good faith done or intended to be done under this act. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)ALLMR216; 2004(1)MhLj581
..... he came to be absorbed under the new bombay state with effect from 1-11-1956 consequent to the states reorganisation act, 1956, as he was prior to the said date, working in the marathwada region of the erstwhile hyderabad state and consequent to the bombay reorganization act, 1960, he became an employee of the state of maharashtra with effect from 1-5-1960. ..... for payment of salary for the period from 2-11-1962 to 1-11-1963 and for the payment of subsistence allowance or salary from 2-11-1963 till the date of his superannuation;(c) whether the challenge to the suspension order dated 2-11-1963 and also the relief for payment of salary, as well as, subsistence allowance was hit by limitation under section 21 of the administrative tribunals act, 1985 (for short, hereinafter referred to as 'the act');(d) whether the dismissal order dated 6-1-1987 is vitiated on account ..... of non-payment of salary and subsistence allowance, during the period of suspension;(e) whether the said dismissal order is a nullity in law .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1992Kant215
..... the urban theatre owner may, as well, say that he has to invest a huge capital to put up even a small theatre, having regard to the cost of the land and labour and his recurring expenditure also is quite heavy and, therefore, he should not be taxed in the same manner as a rural theatre owner, the latter having not spent much on capital investment can afford to pay a higher tax ..... till the states reorganisation, kannada speaking people were distributed amongst erstwhile states of hyderabad, bombay, madras and mysore, resulting in a slow growth of its cultural ..... it is clear that grant of exemption or concession to the locally produced goods is not per se unconstitutional and question of discrimination would arise only in the case of blanket and naked preference which could be termed as an act of hostile discrimination; but, preference if based on sound economic policy, to bring the state on par with other indian states, the legislative policy will be sustained. ..... 8, the bench (of which one of us was a parly) observed that :'the trend of decisions starting from twy-ford tea company's case would disclose that the ratio of moopil nair's case is applied only where lands and buildings, which have apparently no income, are taxed along with others which produce income. ..... background to the ultimate conclusion, is found at page 1468 :'sections 3 and 4 are charging sections andthey say in effect that a person will have to pay an additional assessment per acre in respect of both dry and wet lands. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1979Kant119; ILR1979KAR394
..... . 119 of the states reorganisation act, 1956 ..... i of the mysore court-fees and suits valuation act, 1958, prescribing payment of as valorem court-fee at a flat rate of 71/2 per cent on the amount or value of the subject-matter of the suit and without any upper limit and without any slab system, is illegal and invalid and ultra vires the powers of the state legislature of mysore and is beyond the legislative competence of the mysore state legislature and is thus hit by the constitution of india and whether it needs to be struck down as unconstitutional and as an invalid piece of legislation ..... maintained that according to the enunciation by the supreme court as to the constitutional requirements of a fee, all that is needed is that the total receipts from levy of it should not far exceed the total expenditure incurred by the state for rendering service in return for such fee and that if there is such correlation between the total expenditure and total receipt, there is no further requirement that there should also be correlation between the service rendered to each ..... . within the last 15 years district & sessions courts were newly established in 6 districts, courts of civil judges and munsiffs were established in many places and quite a good number of new buildings were constructed for the courts .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1970Kant114; AIR1970Mys114
..... in the new state of mysore which came into being under the provisions of the states reorganisation act on november 1, 1956, there were six laws operating with respect to the regulation of the marketing of agricultural produce either on one species or of the other. ..... clause (2) of bye-law 12 which makes the duty of the commission agent to collect the market fees from the buyer before he delivers the goods to him, is clearly authorised by sections 65 and 82 of the new act and was therefore within the competence of the market committee.97. ..... although sugar which is contained in the sugar-cane is in the form of sugar-cane when the land grows it, what is really grown on the land is sugar in the form of sugar-cane and if that sugar is expelled from the cane and it becomes jaggery, it is far too unreasonable for any one to suggest that the agricultural produce grown on the land is something very much different from jaggery which is manufactured by that process. ..... it was contended that jaggery is an industrial product and not an agricultural product since what grows on the land on which agricultural operations are carried on is sugar-cane and that jaggery is the product manufactured by industrial processes which are carried on subsequently.99. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1980Kant44; ILR1980KAR638
..... prior to the re-organization of states under the states reorganisation act, 1956, different acts were in force in different integrating areas regulating rents and letting of accommodation. ..... is satisfied that having regard to all the circumstances of the case including the question whether other reasonable accommodation is available for the land lord or the tenant, greater hardship would be caused by passing the decree than by reusing to pass it.the proviso to sub-section (2) of section 2 of the principal act provides that parts ii and iii of that act shall not apply to a building constructed after 1-8-1957 for a period of 5 years from the date of construction of such building.rule 3 of the ..... the conditions precedent for evicting a tenant under clause (c) of section 21a are:(i) an application is made by the land for, the, eviction of such tenant; (ii) the applicant has given to such tenant a notice of not less than 4 months requiring him to vacate the building occupied by him; and (iii) the landlord-applicant is himself liable to vacate the house he has been occupying as a tenant on allotment by the controller. ..... even under clause (h) of the proviso to section 21 (1) of the principal act the landlord who is residing as a tenant of another person, can ask for eviction of his tenant so that he (the land lord) may move to his own house. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR713; 1986(2)KarLJ242; [1986]62STC238(Kar)
..... as on 1st november, 1956, on which day then new state of karnataka comprising the areas referred to in section 7 of the states reorganisation act came into being, there were different sales tax laws providing for levy of taxes on sales and purchases in all the integrating areas. ..... results that parliament has recognised only two cases of sale in the course of import : (a) where the sale is effected by a transfer of documents of title to goods after the goods have crossed the customs frontiers that is to say the goods are already on the way to the importer and (b) when the sale itself causes the export to take place that is to say the exporter and importer negotiate and complete a sale which without more would result in the export of the ..... coffee board, bangalore : [1980]3scr625 the supreme court has explained the true import of section 5(3) of the cst act as amended by act 103 of 1976 that came into force from 1st april, 1976, in these words : 'section 5(1) was construed by this court in the context of two sales (though both were closely connected with the ultimate exportation of the goods out of india) rather very strictly in the two cases, namely, the coffee board's case : [1970]3scr147 .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR1365; 1985(2)KarLJ397; [1985]60STC142(Kar)
..... as on 1st november, 1956 on which day the new state of mysore now called as 'karnataka' comprising of the areas specified in section 7 of the states reorganisation act, came into being there were 5 sets of the sales tax laws in the five integrating areas of the state detailed in section 40 of the kst act. ..... - subject to the provisions of sub-section (5) of section 5, every dealer who in the course of his business purchases any taxable goods in circumstances in which no tax under section 5 is leviable on the sale price of such goods and, (i) either consumes such goods in the manufacture of other goods for sale or otherwise or disposes of such goods in any manner other than by way of sale in the state, or (ii) despatches them to a place outside the state except as a direct result of sale or purchase in the course of inter-state trade or commerce, shall be liable to pay tax on the ..... coffee is grown on the land and the berries collected and they are delivered to the coffee board. ..... this kind of income will fall under section 2(a)(2)(ii) of the act, that is, it is income derived from land in the state by the sale by a cultivator of the produce raised by him. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1983Kant237; 1983(1)KarLJ417
..... 7, states reorganisation act. ..... rule 40 of the 1968 rules, corresponding to section 6, general clauses act, repeals the land grant rules that were in force in the integrating areas of the new state and saves previous operation of the rules and the actions taken thereunder. ..... 'the non-alienation clause contained in the existing land grant rules and the provisions for cancellation of grants where the land is alienated in contravention of the above said provisions are found not sufficient to help the scheduled castes and scheduled tribes grantees whose ignorance and poverty have been exploited by persons belonging to the affluent and powerful sections to obtain sales or mortgages either for a nominal consideration or for no consideration at all and they have become the victims of circumstances. ..... sections 7, 8, 9 and 10 that provide for exemptions, penalties, protection of action taken in good faith and the power to make rules are not material for our purpose.46. ..... 14026 of 1980 :-(a) on 20-11-1956 an extent of 4 acres of land in sy. ..... 1955 (central act 37 of 1956).4. ..... on 1-11-1956. .....
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