Judgment Search Results Home > Cases Phrase: the abkari amendment act 2003 1 Court: karnataka Page 1 of about 5,500 results (0.137 seconds)

D. Cawasji and Co. Vs. State of Mysore by Its Chief Secretary Bangalor ...

Court : Karnataka

Reported in : AIR1969Kant23; AIR1969Mys23; ILR1968KAR492; (1969)1MysLJ461

..... the education act was first enacted in the year 1941 before the advent of the constitution, the charging provisions for the education cess, namely, section 9 and the schedule to the act were amended by the elementary education (amendment) act, 1955; that the protection under article 277 is not available to education cess, and that it is necessary to ascertain the nature and character of the shop rent to determine whether the state is competent to levy education cess on shop rent after the advent of the constitution.68. even if a pre-constitution tax or cess is outside the legislative competence of ..... i (1938 edition) at page 384 and in the mysore revenue manual (1967 edition) at page 660, in the chapter, cesses and taxes, under the heading, abkari, it is stated:'formerly, the local cess was being levied on the following terms: (i) arrack.note:--the cess is now merged in the still-head duty. (ii).......................................................................... .....

Government of Karnataka Vs. M.R. Thammaiah

Court : Karnataka

Reported in : ILR1987KAR3538

..... having regard to the contentions urged on both the sides and in the light of the findings recorded by the trial court, the following points arise for consideration :1) whether the trial court is justified in law in holding that section 69 of the act is not applicable to the suit ?2) whether article 24 of the limitation act, 1963 applies to the suit ?3) whether the terms of the gazette notification dated 11-4-1969 were amended by ex. d. ..... 'in our view, on a proper construction of section 69 of the act in the light of a decision of the supreme court in attilli swamy's case under the hyderabad abkari act, there is no difficulty to come to the conclusion that the cause of action for the suit arose for the plaintiff in respect of the act done or alleged to have been done by the excise officer in pursuance of the act.11. ..... the correctness or applicability of the proposition laid down in the first two decisions on the question of limitation need not also be gone into in the instant case because the provision similar to the one contained in section 69 of the act as contained in section 41(2) of the hyderabad abkari act is interpreted by the supreme court in attilli swami's case1 and it is held therein that there is no justification for confining the provision to actions for damages arising out of tortious acts only. .....

The State of Karnataka Vs. Annappa and Others

Court : Karnataka

Reported in : 1992CriLJ158; ILR1991KAR3220; 1991(2)KarLJ8

..... that case the high court took the view that although by an amendment to the bombay abkari act the legislature had altered 'or' to 'and', it was also significant that it had altered the expression 'punished' for the expression 'punishable' ..... under the abkari act with which the full bench was concerned there was discretion in the court not to pass the minimum substantive sentence and to impose any lesser sentence for reasons to be recorded in the judgment. ..... of the abkari act the word 'also' was not employed, and to our mind the use of the word 'also' which must mean in addition to, makes all the difference. ..... section 4 of the act as it stood prior to the amendment in the year 1976 prescribed that who ever on the ground of untouchability enforced against any person any disability with regard to the matters enumerated in clauses (i) to (xi) of ..... if we were to accept the submission of the respondents, the amendment has really served no purpose because it has left to the court the discretion to impose a sentence of fine alone, without imposing a substantive sentence ..... on the other hand the learned counsel for the respondents contended that notwithstanding the amendment, the court is still left with the discretion either to impose a substantive sentence of imprisonment or only a sentence ..... 4 of the act was amended to read as follows :- 'shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall not be less than one .....

Kemparasaiah Vs. Rajasetty

Court : Karnataka

Reported in : ILR1987KAR2863

..... amended, reads as :'where in any suit it is proved by affidavit or otherwise--(a) xxx xxx(b) xxx xxx(c) that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit as the ..... 39 rule 1(c) has been amended by the amending act, 1976 which has made vital departure from the previous position in law. ..... court thinks fit, until the disposal of the suit or until ..... prasad, which reads as :'the amendment of order 39 rule 1 by the act of 104 of 1976 has been made for the purpose of including within the purview of the provisions of order 39 rule .....

Laxmamma and Etc., Etc. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : AIR1983Kant237; 1983(1)KarLJ417

..... certain conditions not to apply: notwithstanding anything contained in rule 40 of the karnataka land grant rules, 1969, the provisions of any rule (repealed by the said rule), that the land granted shall not be alienated except to the members of the scheduled castes or scheduled tribes shall, with effect from the commencement of the karnataka land grant (amendment) rules, 1974 cease to operate. ..... before we deal with the above general questions in their order and any other special question that arises in any particular case, it is useful to briefly analyse the act and some of its important provisions as that will facilitate us to answer the above and other questions that arise in the cases.32 the statement of objects and reasons accompanying the bill that later became the act sets out the object of enacting the act in these terms. ..... on the passing of the act a large number of aliens that had received show cause notices from the assistant commissioners of the areas (hereinafter referred to as the ac) or the orders made by them, challenged the validity of the act, the show cause notices or the orders thereto made against them. ..... we, earnestly hope that government will seriously examine this aspect and initiate necessary steps for the amendment of the act without any loss of time.112. .....

Sri Narayanappa Vs. The State Of Karnataka

Court : Karnataka

..... thus, no interest which otherwise was payable, shall be paid during the stay period, whether compensation is determined under the - 13 - wp no.40748 of 2012 unamended or amended section 30 of the 1966 act, and that applies even if post disposal of the subject writ appeals compensation needs to be re-determined under the amended provisions of section 30 of the 1966 act. ..... it seems to us that in the light of all the considerations mentioned above the words "acquisition by the state" in the second proviso do not have a technical meaning (d) the third contention that the enormous delay between the preliminary notification dated - 11 - wp no.40748 of 2012 25.11.2002 issued under section 28(1) and the final notification dated 11.05.2004 issued under section 28(4) of the 1966 act, renders the acquisition void more particularly when no award has been passed and as a consequence, no compensation has been paid, is difficult to countenance. ..... (f) the last contention of the petitioners that at least the compensation has to be determined and paid under the provisions of 2013 act in view of its incorporation in section 30 of the 1966 act by virtue of 2022 amendment dated 04.04.2022, is bit difficult to countenance. ..... (g) the 2022 amendment to the 1966 act incorporates the provisions of 2013 act cannot be much disputed. .....

Mrs. D.P. Divakar Vs. Chairman/Personel Managing Director, Kudremukh I ...

Court : Karnataka

Reported in : II(1996)ACC62; 1996ACJ7; ILR1995KAR2302; 1995(4)KarLJ346

..... the rule is that when a subsequent act amends an earlier one in such a way as to incorporate itself, or a part of itself, into the earlier, then the earlier act must thereafter be read and construed (except where that would lead to a repugnancy, inconsistency or absurdity) as if the altered words had been written into the earlier act with pen and ink and the old words scored out so that thereafter there is no need to refer to the amending act at all. ..... when the amending act has stated that the old sub-section has been substituted by the new sub-section, the inference is that the legislature intended that the substituted provision should be deemed to have been part of the act from the very inception. ..... while construing a provision of the preventive detention act, the supreme court observed that when a subsequent act amends an earlier one in such a way as to incorporate itself or a part of itself into the earlier one, then the earlier act must thereafter be read and construed in such a way that there is no need to refer to the amending act at all. ..... he has brought to the notice of the court that under the amended act, when the monthly wages were between 900 and 1,000 which is the category applicable to the present case, because the deceased workman was drawing a salary of rs. .....

Hanumappa Bhimappa Koujageri Vs. Bhimappa Sangappa Asari

Court : Karnataka

Reported in : ILR1996KAR1517; 1996(5)KarLJ67

..... case laws amendment act 1954 section 90 of evidence act has been amended and a new section 90-a has also been enacted and added, which provides for presumption in respect of cases, where, certified copy of the document has been filed making the presumption thereunder to be available to transactions to prove which certified copy being admissible has been filed. ..... having or interested to deny his title to such right for declaration of his right under chapter-6 of the specific relief act and the entry in record or register shall be amended in accordance with such declaration. ..... section 135 of limitation act reads along with its proviso as under:'bar of suits - no suits shall lie against the state government or any officer of the state government in respect of a claim to have an entry made in this record or register that is maintained under this chapter or to have such entry made or amended; provided, if a person is aggrieved as to any right of which he is in possession by any entry made in any record or register maintained under this chapter, he may institute a suit against any person .....

Sobha Projects and Trade (P) Ltd., Registered Under the Companies Act ...

Court : Karnataka

Reported in : 2009(6)KarLJ161

..... thus, when the 1991 amendment act nullifies the awards of the special arbitration tribunals, made in exercise of the judicial power conferred upon them under the 1984 amendment act, by encroaching upon the judicial power of the state, we have no option but to declare it as unconstitutional having regard to the well settled and undisputed legal position that a legislature has no legislative power to render ineffective the earlier judicial decisions by making a law which simply declares the earlier judicial decisions as invalid and not binding, for such powers, if exercised ..... when, the awards made under the 1984 amendment at by the special arbitration tribunals in exercise of the state judicial power conferred upon them which cannot be regarded as those merged in rules of court or judgments and decrees of courts, are sought to e nullified by 1991 amendment act, it admits of no doubt that legislative power of the state legislature is used by enacting impugned 1971 amendment act to nullify or abrogate the awards of the special arbitration tribunals by arrogating to itself, a judicial power se re: cauvary water disputes tribunal 1991 supp (2) scr 497 : 1992 air ..... , made the following observations in paragraph 28 of the report: (para 29, at p.2608 of air scw)thus, the impugned 1991 amendment act seeks to nullify the awards made by the special arbitration tribunals constitued under the 1984 amendment act, in exercise of the power conferred upon them by that act itself. ..... 8 of 2003, w.e.f. .....

Karnataka State Road Transport Corporation, Rep. by Its Managing Direc ...

Court : Karnataka

Reported in : ILR2005KAR1605

..... further it is stated that the state legislature has no power to enact the impugned provision of section 3 of the amended act 9/2003 to repeal the kcca act without providing an alternative law by saving the vested rights upon the corporations and its employees as held by the apex court in catena of cases which will be referred to in the reasoning portion of this order while answering the relevant points that are framed in these cases. ..... 9/2003 (karnataka motor vehicles taxation and certain other law (amendment) act, 2003, (hereinafter referred to as 'the amendment act') by which the karnataka contract carriages (acquisition) act, 1976 (hereinafter referred to as 'kcca act') has been repealed, the constitutional validity of it was upheld by the constitutional bench and another decision of the apex court. ..... thereby it has achieved the directive principles of state policy, which has been demolished by enacting the impugned amended act of 9/2003 to repeal kcca act which has resulted in destruction of basic structure of the constitution of india, which is totally impermissible in law as held by the apex court in the above catena of cases which relevant portions are extracted as above. ..... therefore, the said rights of them cannot be taken away by the state by enacting the impugned provision 3 of amended act 9/2003 which has repealed kcca act. .....