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Documents citing B.K. Srinivasan & Another Etc. Etc vs State Of Karnataka & Ors on 19 January, 1987

Sanjai Gandhi Grah Nirman Sahkari ... vs State Of M.P. And Ors. on 17 August, 1990

38. It has also to be stated that the judgment of the Supreme Court in B.K. Srinivasan v. State of Karnataka was not considered by the Division Bench of this Court in Anupam Shahakari Griha Nirman-samiti Raipur v. State of M.P. (supra) because the facts in that case were different and prejudice was held to have been caused to the petitioner because of the delay in publication of the draft scheme.
Madhya Pradesh High Court Cites 41 - Cited by 23 - Full Document

Ruchi Soya Industries Ltd Through ... vs Union Of India on 12 March, 2020

C/SCA/11063/2018 JUDGMENT If the principle laid down in the above judgment is applied to the present facts of the case, when the statute prescribed to grant exemption from payment of customs duty or rate of duty on imported goods, it must be published in the gazette notification or any amendment thereto shall also be published in the official gazette vide sub­section (1) and sub­section (2A) of Section 25 of the Customs Act. But, sub­section (4) of Section 25 as amended by Notification No.29 of 2018, almost dispensed with the notification indirectly and frustrating the very intention of Legislature to notify the exemptions in the official gazette.
Gujarat High Court Cites 85 - Cited by 0 - J B Pardiwala - Full Document

T. Koshy vs The Bar Council Of Kerala on 30 March, 2015

W.P.(C).No.26831/2015, etc. very existence of the rules and as to what exactly was the original text of the rules as it was framed under rule by the authorities concerned. Therefore, in the light of the clear principles laid down by the Apex Court in B.K.Srinivasan's case (supra) reported in 1987 (1) SCC 658 para 15 and in the light of the provisions contained under Rule 22(a) under Chapter IX of the Bar Council of India Rules, the respondent State Bar Council has an obligation to ensure that the rules are published atleast in adherence to the rudimentary principles of rule of law. This Court would only venture to suggest to the respondent Bar Council of Kerala to consider whether they should consider the publication of their rules and its various amendments made from time to time not only in their official website but also in the official Gazette of the State of Kerala. In case, the respondent State Bar Council authorities decides to opt for publication of their rules and its amendments in the Gazette of Kerala, then the Chief Secretary to Govt. of Kerala should ensure that necessary steps should be taken for publishing those rules and its amendments in the official Gazette of the State of Kerala without much delay on the presentation of such rules for publication. It is brought to notice that the elected committee of the State Bar Council have demitted office and that a special committee ::56::
Kerala High Court Cites 55 - Cited by 0 - A Thomas - Full Document

Satya Prakash vs State Of U.P. And 4 Others on 9 February, 2017

In the event the statute does not contain any prescription and even under the subordinate legislation there is silence in the matter, the legislation will take effect only when it is published through the customarily recognised official channel, namely, the Official Gazette (B.K. Srinivasan v. State of Karnataka) [(1987) 1 SCC 658]. Admittedly, the "guidelines" were not gazetted."
Allahabad High Court Cites 14 - Cited by 0 - D B Bhosale - Full Document

Ruchi Soya Industries Ltd. vs Union Of India on 12 March, 2020

C/SCA/11063/2018 JUDGMENT If the principle laid down in the above judgment is applied to the present facts of the case, when the statute prescribed to grant exemption from payment of customs duty or rate of duty on imported goods, it must be published in the gazette notification or any amendment thereto shall also be published in the official gazette vide sub­section (1) and sub­section (2A) of Section 25 of the Customs Act. But, sub­section (4) of Section 25 as amended by Notification No.29 of 2018, almost dispensed with the notification indirectly and frustrating the very intention of Legislature to notify the exemptions in the official gazette.
Gujarat High Court Cites 85 - Cited by 2 - J B Pardiwala - Full Document

Cadd Systems And Services Private ... vs Competition Commission Of India on 17 July, 2019

In B.K. Srinivasan and Ors. v. State of Karnataka and Ors. (supra) the Supreme Court had referred to Section 76-J of the Mysore Town and Country Planning Act, 1961 which expressly provided that "no act done or proceeding taken under this Act would be questioned on the ground merely of existence of any vacancy in, or any defect in the constitution of the Board or any Planning Authority". The Supreme Court had referred to the said Section 76-J as the Ganga Clause - alluding to the belief of Hindus that waters of Ganga purify, cleanse the sins and remedy all insufficiencies. The Court observed that "provisions similar to Section 76-J are found in several modern Acts and their object is to put beyond challenge defects of constitution of statutory bodies and defects of procedure which have not led to any substantial prejudice."
Delhi High Court Cites 11 - Cited by 5 - V Bakhru - Full Document

Yelahanka Puttenahalli Lake And Bird ... vs Ministry Of Environment Forest And ... on 10 May, 2022

47. Further, in the decision reported in Municipal Corporation of Greater Mumbai Vs. Anil Shantaram Khoje & Ors. 12 and B.K. Srinivasan & Ors. Vs. State of Karnataka & Ors. 13, it has been observed that "(i) Where a law, whether Parliamentary or subordinate, demands compliance, those that are governed must be notified directly and reliably of the law and all changes and additions 9 1993 Suppl (3) SCC 234 10 (1997) 5 SCC 482 11 PIL No.115 of 2010 12 (2016) 15 SCC 726 13 (1987) 1 SCC 658 Page 52 of 70 made to it by various processes. Whether law is viewed from the standpoint of the 'conscientious good man' seeking to abide by law or from the stand point of Justice Holmes's 'unconscientiously bad man' seeking to avoid the law, law must be known, that is to say, it must be so made that it can be known. (ii) Delegated or subordinate Legislation is all pervasive and there is hardly any field of activity where governance by delegated or subordinate legislative powers is not as important if not more important, than governance by Parliamentary legislation. But unlike Parliamentary Legislation which is publicly made, delegated or subordinate Legislation, is often made unobtrusively in the chambers of a Minister, a Secretary to the Government or other official dignitary. It is therefore, necessary that subordinate Legislation, in order to take effect, must be published or promulgated in some suitable manner, whether such publication or promulgation is prescribed by the parent statute or not. (iii) Where the parent statute prescribes the mode of publication or promulgation that mode must be followed. Where the parent statute is silent, but the subordinate Legislation itself prescribes the manner of publication such a mode of publication may be sufficient, if reasonable. If the subordinate Legislation, does not prescribe the mode of publication or if the subordinate Legislation prescribes a plainly unreasonable mode of publication it will take effect only when it is published from the customarily recognized official channel, namely, the Official Gazette or some other reasonable mode of publication. There may be subordinate Legislation which is concerned with a few individuals or is confined to small local areas. In such cases publication or promulgation by other means may be sufficient."
National Green Tribunal Cites 13 - Cited by 0 - Full Document

The Caritas India vs Union Of India on 3 July, 2019

14. To the same effect are the observations in B.K. Srinivasan v. State of Karnataka [(1987) 1 SCC 658] . While pointing out the importance of subordinate legislation in the affairs of the modern State, Chinnappa Reddy, J., speaking for himself and G.L. Oza, J., made the following observations: (SCC pp. 672-73, para 15) “But unlike Parliamentary legislation which is publicly made, delegated or subordinate legislation is often made unobtrusively in the chambers of a Minister, a Secretary to the Government or other official dignitary. It is, therefore, necessary that subordinate legislation, in order to take effect, must be published or promulgated in some suitable manner, whether such publication or promulgation is prescribed by the parent statute or not.
Madras High Court Cites 203 - Cited by 6 - S Prasad - Full Document

Section 21 Of General Clauses Act Deals ... vs Union Of India (Uoi) And Ors14 on 28 September, 2019

Learned counsel for the petitioners placed reliance on several judgments of the Apex Court as to the interpretation of statutory provision, so also, the mandatory requirement of notification. The Division Bench of the Apex Court in B.K. Srinivasan v. State of Karnataka (referred supra) had an occasion to deal with the issue of publication of a public notice in the official gazette that the plan and regulations are permanently displayed and are available for inspection by the public with a view to invite comments from the public under Karnataka Town and Country Planning Act, 1961 and the Division Bench held as follows:
Andhra Pradesh High Court - Amravati Cites 64 - Cited by 0 - C P Kumar - Full Document
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