Court : Karnataka Dharwad
..... the constitution was again amended by the seventeenth amendment act of 1964, by which the state extended the scope of article 31-a and schedule ix to protect certain agrarian reforms enacted by the kerala and madras states and jagir, inam, muafi or any other grant, janmam, ryotwari, etc. ..... the high court has jurisdiction to determine questions of fact, even if they are in dispute and the present, in our judgment, is a case in which in the interests of both the parties the high court should have entertained the petition and called for an affidavit-in-reply from the respondents, and should have proceeded to try the petition instead of relegating the appellants to a separate suit. ..... the high court has, with the greatest of respect, failed to apply its mind to relevant facts, particularly the records of pune municipal corporation with regard to property holders, the arbitrator's award dated 16-5-1972 under section 72 of the regional and town planning act and the admission of pune municipal corporation that the road did not belong to it, it was never acquired and that the name of pune municipal corporation had wrongly been - 216 - nc:2023. .....
Tag this Judgment!Court : Karnataka Dharwad
..... in the light of the above rival contentions the points that arise for consideration are : i) whether the state legislature has merely amended and further amended the provisions of act no.33 of 2001, by virtue of the 2011 amendment act and the 2012 amendment act, only to re- introduce provisions of the said act that are held to be ultra vires , articles 14, 25 & 26 of the constitution of india - by a division bench of this court. ?. ..... state of kerala, air2005sc3053 the contention of the writ petitioners was accepted, in the circumstance that the exclusion of maths, as being in violation of article 14 of the constitution of india. ..... attention is drawn to the following passage therein : a comprehensive legislation which will apply to all temples and mutts in karnataka, which are equally situated in the context of the levy of fee, may perhaps afford a satisfactory solution to the problem. ..... angadi chikanna, 1972(1) mys.lj310 the contention of the respondents that the impugned enactments have been made in exercise of the state legislative power is untenable. .....
Tag this Judgment!Court : Karnataka Dharwad
..... it is emphasized that neither the amending act of 2011 nor the amending act of 2012 claim to be in the nature of validating legislation, but are clearly acts amending and further amending the principal act, which, at best, is in suspended animation by virtue of the interim order of stay granted by the apex court. ..... attention is drawn to the following passage therein: a comprehensive legislation which will apply to all temples and mutts in karnataka, which are equally situated in the context of the levy of fee, may perhaps afford a satisfactory solution to the problem. ..... state of kerala, air 2014 sc 2407, in which it has been laid down that in exercising legislative power, the legislature, by mere declaration, without anything more, cannot directly over-rule, revise or overwrite a judicial decision, but it can render a judicial decision by enacting valid law on the topic within its legislative field fundamentally altering or changing its character retrospectively. ..... munsif magistrate, (1972) 2 an lt 163 a cosmetic change was made by raising the period of six months to one year. ..... angadi chikanna, 1972 (1) mys. .....
Tag this Judgment!Court : Karnataka Dharwad
..... no.4 failed to call for a special meeting as per the mandate of section 180 of the act, the petitioners decided to call for special meeting to hold no-confidence motion against the respondent no.4 as per the procedure contemplated under section 180(2)(a) of the karnataka gram swaraj and panchayat raj act, 1993 (for short the act ) and also requested the chief executive officer of respondent no.3 zilla panchayat to fix the date for special meeting in consultation with the respondent no.2, since the amended provisions empower the respondent no.2 to hold the 11 proposed special meeting of no-confidence motion . ..... learned senior counsel by taking this court to annexure-a would submit to this court that pursuant to amendment to sections 179 and 180(6) of the act, the rules are being framed and further steps needs to be taken by the authority in prescribing the rules which are under process of being finalized and this aspect is communicated by respondent no.1 state to the respondent no.2 as well as the petitioners. ..... bar council of kerala reported in (1999) 3 scc422and contend that if a particular act is prescribed under any statute, the act must be done in that manner or not at all and hence, unless relevant rules are framed, the respondent no.2 has no authority to proceed.19. .....
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..... the annual assets and liability statement as required by the conduct rules, is bad in law for the reason that the explanation to section 13(1)(e) of the act of 1988 which is found in the act of 1988 was conspicuously absent in prevention of corruption act, 1947 and since the major portion of the check period was falling within the period during which the old act was in operation, the non-disclosure of receipt of those incomes in the annual assets and liability statement ought not have been viewed seriously and the special court ought to have accepted the same and ..... the explanation regarding the valuation of the house and other immovable properties and not accepting the contention of the appellant with regard to the receipt of large extent of money from sale of the plots and other properties on account of non-disclosure of those receipts in his annual assets and liability statement which ought to have been submitted to the disciplinary authority, after obtaining necessary sanction for prosecution from the competent authority filed the charge-sheet against the appellant alleging that the ..... 320.007.indira vikas patra250.008.shares in co-operative society3,060.009.members fees and deposit in co-operative society5,606.0010.deposits in the names of wife and daughter10,000.0011.lic premium15,406.9112.bank balance9,275.2913.household articles2,42,591.0014.handloans given by the accused72,000.00 total assets10,38,029.20verifiable expenditure1.stamp duties3,883.502.penalties paid .....
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..... , praying to call for the records of criminal complaint being case no.1016/2020 filed by the respondent and pending before the court of principal civil judge and jmfc gokak, and quash the criminal complaint being case no.1016/2020 mentioned at annexure-a filed by the respondent and pending before the court of principal civil judge and jmfc gokak for offence punishable under section31and36of legal metrology act, insofar as petitioners is concerned. ..... no.1018/2020 pending on the file of the principal civil judge and the judicial magistrate of first class, gokak, belagavi as far as it relates to taking cognizance and registration of a case against the petitioners for offences punishable under sections31and36of the legal metrology act, 2009 and ordering process against the accused no.1 to2produced as annexure-a and further to quash the entire proceedings that are being recorded in c.c.no.1018/2020 pending on the file of the principal civil judge and the judicial magistrate of first class, gokak belagavi (annexure-a) in the ends of justice. ..... the provisions of section 202 code of criminal procedure were amended vide amendment act 2005, making it mandatory to postpone the issue of process where the accused resides in an area beyond the territorial jurisdiction of the magistrate concerned. .....
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..... court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a 35 former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such court ..... the old income tax act, 1922 and till the amendment of the new income tax act, 23 1961, the onus was on the revenue to prove that the assessee has furnished inaccurate particulars or had concealed the ..... september 1972 reported in (1972) 40 cch0314iscc, wherein it is held regarding penalty under section 271(1)(c), the initiation of proceedings before feeling satisfied for initiating penalty proceedings, ito need not issue notice to assessee and it is sufficient if, after being satisfied in the course of assessment proceedings that penalty provisions are attracted, ito issues 26 consequential notice, the fact that the ito has to refer the case to the iac if, the minimum imposable penalty exceeds the sum ..... held that section 145 read with section 271(1)(c) of the income tax act, 1961, the method of accounting valuation of stock penalty for the assessment year 2008- 09 in course of assessment, the assessing officer made addition to assessee s income on account of the alleged excess stock which came up as a result of purchases made outside the books of account. .....
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..... bombay municipal corporation* while dealing with the provisions of section 314 of the bombay municipal corporation act, 1888, which confers discretion on the commissioner to get any encroachment removed with or without notice, a constitution bench of this court observed as follows:" it must further be presumed that, while vesting in the commissioner the power to act without notice, the legislature intended that the power should be exercised sparingly and in cases of urgency which brook no delay. ..... we may now point out that the learned single judge of the kerala high court had proposed a post- amalgamation hearing to meet the situation but that has been vacated by the division bench. ..... in view of the said amendment, it can be argued that the main plank of the judgment in rajesh kumar to the effect that direction under section 142(2a) entails civil consequences because the assessee has to pay substantial fee to the special auditor is knocked off. ..... ranganath misra, j.speaking for the court observed as follows:"we may now point out that the learned single judge of the kerala high court had proposed a post-amalgamation hearing to meet the situation but that has been vacated by the division bench. .....
Tag this Judgment!Court : Karnataka Dharwad
..... bombay municipal corporation* while dealing with the provisions of section 314 of the bombay municipal corporation act, 1888, which confers discretion on the commissioner to get any encroachment removed with or without notice, a constitution bench of this court observed as follows:" it must further be presumed that, while vesting in the commissioner the power to act without notice, the legislature intended that the power should be exercised sparingly and in cases of urgency which brook no delay. ..... we may now point out that the learned single judge of the kerala high court had proposed a post- amalgamation hearing to meet the situation but that has been vacated by the division bench. ..... in view of the said amendment, it can be argued that the main plank of the judgment in rajesh kumar to the effect that direction under section 142(2a) entails civil consequences because the assessee has to pay substantial fee to the special auditor is knocked off. ..... ranganath misra, j.speaking for the court observed as follows:"we may now point out that the learned single judge of the kerala high court had proposed a post-amalgamation hearing to meet the situation but that has been vacated by the division bench. .....
Tag this Judgment!Court : Karnataka Dharwad
..... bombay municipal corporation* while dealing with the provisions of section 314 of the bombay municipal corporation act, 1888, which confers discretion on the commissioner to get any encroachment removed with or without notice, a constitution bench of this court observed as follows:" it must further be presumed that, while vesting in the commissioner the power to act without notice, the legislature intended that the power should be exercised sparingly and in cases of urgency which brook no delay. ..... we may now point out that the learned single judge of the kerala high court had proposed a post- amalgamation hearing to meet the situation but that has been vacated by the division bench. ..... in view of the said amendment, it can be argued that the main plank of the judgment in rajesh kumar to the effect that direction under section 142(2a) entails civil consequences because the assessee has to pay substantial fee to the special auditor is knocked off. ..... ranganath misra, j.speaking for the court observed as follows:"we may now point out that the learned single judge of the kerala high court had proposed a post-amalgamation hearing to meet the situation but that has been vacated by the division bench. .....
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