Judgment Search Results Home > Cases Phrase: ancient and historical monuments and archaeological sites and remains act 1961 section 2 definitions Page 1 of about 324 results (0.391 seconds)

Director, Centre for Social and Cultural Action Vs. Regional Transport ...

Court : Karnataka

Reported in : ILR1996KAR1462; 1996(3)KarLJ281

..... he also invites my attention to the definition of the floor area inserted as explanation (6) to the schedule by karnataka act 10 of 1991 with effect from 1.4.1991 to impress his said point of view.4 ..... such they are liable to pay tax under section 3 of the karnataka motor vehicles taxation act, 1957 ('the act' for short) read with item no. ..... has to be so held because it touches upon the measure or unit of charge and that forms an integral part of the charging section itself. ..... , the authorities under the act measured the floor area of the vehicles in question and raised the impugned demands.2. ..... when challenged, the said provision and the assessments made thereon were constitutionally upheld by this court and ultimately by the supreme court as noticed above ..... petitioners have challenged the said determination and assessment of tax by asserting that the tax can be levied with reference to only such portion of the floor area of the vehicle which can be said to be available for erecting ..... , in all these cases floor area of the vehicle has to be necessarily more than that within the wheel-base, and such area has to be comprised of wheel-base area plus the areas covered by the rear and front over-hangs.5. ..... , learned additional government advocate has submitted that the floor area in its common parlance could only mean the overall length multiplied by overall width of the vehicle and that can be the only basis for ascertainment of tax liability under the relevant item of the schedule to the act. .....

Manjushree Extrusions Ltd. Vs. the Assistant Commissioner of Commercia ...

Court : Karnataka

Reported in : ILR2005KAR4994; (2007)8VST511(Karn)

..... the authority took the view that the petitioner not having complied with this condition, petitioner was not eligible for the benefit under the scheme and has accordingly issued the endorsement at annexure-g indicating that due to non-compliance by the petitioner with the requirement of the scheme, application under kara samadhan scheme was not available to the petitioner ..... 4 and 7 of the scheme reads as under:'condition-4: in cases where penalties have been levied under section 12(4) or 12-(a)(1-a) or 12-b(4) of the kst act, 1957 or section 5(5) or 6(2) or 7(3) of the kteg act, 1979 if the taxes admitted have already been paid without being disputed in any appeal and 10% of the penalty levied is paid on or before 31-12-2003 along with 10% of the interest payable ..... the petitioner earlier pursuant to the order passed by this court in writ petitions was much more than this amount and therefore, even though amount had been paid before the scheme came into operation and on a day when a person seeking benefit is required to comply with the condition, payment being over and above the amount required under the scheme, the petitioner is one who has already complied with the condition ..... it definitely does not mean that a person is required to pay an additional amount of 10% over and above what had already been paid and even if what was earlier paid itself was more than 10%.14 ..... endorsement issued at annexure-g is definitely not in consonance with the terms, object and intention of the scheme. .....

The State of Karnataka Vs. Smt T Jayamma

Court : Karnataka

..... the karnataka ancient and historical monuments and archaeological sites and remains act, 1961 is stated to have been enacted along the lines of corresponding provisions of the ancient monuments and archaeological 16 sites and remains act, 1958 and in order to bring about uniformity in the laws relating to protection and preservation of ancient monuments falling under entry 12 in the state list, that is, ancient monuments other than those ..... the special issue part-v, section 2c(ii) of the karnataka state gazette (annexure r herein), issued under section 4 of the act, in exercise of the powers vested under rule 12 of the karnataka ancient and historical monuments and archaeological sites and remains rules, 1966 (for short rules ), an extent of 100 meters adjacent to those monuments declared or deemed to have been declared as state protected monument and 200 meters beyond that area, was declared by the government to be prohibited and protected areas for the ..... definitions - in these rules, unless the context otherwise requires - (a) (b) construction of any structure includes additions to or alterations of an existing building; prohibited area or regulated area means an area near or adjoining a protected monument which the state government has, by notification the official gazette, declared to be a prohibited area, or, as the case may be, a regulated area, for purposes of mining operation or construction or both; in (g) mining operation and construction near protected monuments .....

The State Of Karnataka and Others Vs. T. Jayamma and Another

Court : Karnataka

..... the karnataka ancient and historical monuments and archaeological sites and remains act, 1961 is stated to have been enacted along the lines of corresponding provisions of the ancient monuments and archaeological sites and remains act, 1958 and in order to bring about uniformity in the laws relating to protection and preservation of ancient monuments falling under entry 12 in the state list, that is, ancient monuments other than, ..... section 2c(ii) of the karnataka state gazette (annexure r herein), issued under section 4 of the act, in exercise of the powers vested under rule 12 of the karnataka ancient and historical monuments and archaeological sites and remains rules, 1966 (for short 'rules'), an extent of 100 meters adjacent to those monuments declared or deemed to have been declared as state protected monument and 200 meters beyond that area, was declared by the government to be 'prohibited and protected areas' for the purposes of mining, quarrying and ..... definitions - in these rules, unless the context otherwise requires - (a) (a) 'construction' of any structure includes additions to or alterations of an existing building; (g) 'prohibited area' or 'regulated area' means an area near or adjoining a protected monument which the state government has, by notification in the official gazette, declared to be a prohibited area, or, as the case may be, a regulated area, for purposes of mining operation oi construction or both; mining operation and construction near protected monuments .....

Rajashekhar and Another Vs. State of Karnataka and Others

Court : Karnataka

Reported in : AIR2000Kant215; ILR1999KAR3714; 1999(6)KarLJ219

..... acts/rules/orders:constitution of india - articles 21, 162 and 226;karnataka ancient and historical monuments and archaeological sites and remains act, 1961 - section 4(1);karnataka country and town planning act, 1961;karnataka irrigation act - section ..... the karnataka ancient and historical monuments and archaeological sites and remains act, 1961 defines monument to mean any structure, erection or monument, or any tumulus or place of interment, or any cave, rock-sculputure, inscription or monolith which is of historical, archaeological or artistic interest and which has been in existence ..... petitioners inas much as section 4(1) of the act vests discretion in the state government to declare such an ancient monument as a protected monument and to make provision for its ..... the state has also sought to contend that under the karnataka country and town planning act, 1961 (hereinafter called the 'act' of 1961) a comprehensive development plan has been formulated reserving the land in question for various purposes such as commercial purpose, besides seeking to maintain a water body in an extent of about 60 acres in a more scientific and pollution free state.5.1 it is stated that the city of hassan is a growing industrial city, being located on ..... having regard to this definition, it may be possible for the petitioners to contend that a tank constructed 900 years ago could be a 'structure', ('structure' being defined as 'to arrange the different parts of something into a pattern or system in .....

Bharpur Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : (1996)114PLR591

..... (3) nothing contained in sub-section (1) and sub-section (2) shall apply to -(a) any place of worship referred to in the said sub-sections which is an ancient and historical monument or an archaeological site or remains covered by the ancient monuments and archaeological sites and remains act, 1158 (24 of 1958) or any other law for the time being ..... ' according to section 1(3), 'the provisions of sections 3, 6 and 8 shall come into force at once and the remaining provisions of this act shall be deemed to have come into force on the 11th day of ..... palli, learned counsel for the petitioners has submitted that in view of the provisions of the 1991 act, a private gurdwara cannot be converted into a sikh gurdwara; the decree passed by the tribunal cannot be executed and that the petitioners cannot be divested of the management of the gurdwara as also the property attached thereto ..... ' section 2 gives the definition of the ..... counsel for respondent no.2 that the notification dated august 25, 1959 (annexure p.3) and the notification dated july 21, 1961 (annexure p.4) having already received judicial sanction and become final, the provisions of the 1991 act are not attracted. ..... by another notification of july 21, 1961, the governor of punjab published a consolidated list of rights, titles and interests claimed to belong to the ..... gurdwara parbandhak committee (respondent no.5) filed a suit for possession of the notified sikh gurdwara as also the lands mentioned in the notification dated july 21, 1961. .....

K.Guruprasad Rao Vs. State of Karnataka and ors.

Court : Supreme Court of India

..... thus, the report substantiates the statements of respondent no.9 (annexure-i) in so far as (1) the mining activities have been conducted from a distance of 55 m from the subject temple in dire violation of the provisions of section 20 of the karnataka ancient and historical monuments and archaeological sites and remains act, 1961 and subsequent amendment in 1991 which prohibits mining and construction activities within the prohibited and regulated areas; (2) the mining activities have adversely affected the temple and (3) they have also adversely affected the immediate environs of the temple to a great extent.2. ..... definitions- in this act, unless the context otherwise requires (a) ancient monument means any structure, erection or monument, or any tumulus or place of interment, or any cave, rock, sculpture, inscription or monolith, which is of historical, archaeological or artistic interest and which has been in existence for not less than one hundred years, and includes-- (i) the remains of an ancient monument, (ii) the site of an ancient monument, (iii)such portion of land adjoining the site of an ancient monument as may be required for fencing or covering in or otherwise preserving such monument, and (iv)the means of access to, and convenient inspection of an ancient monument. ..... the right to development encompasses much more than economic well-being, and includes within its definition the guarantee of fundamental human rights. .....

Vidarbha Heritage Society and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2006(4)BomCR577

..... the act of legislature of defining heritage structures and precincts does not, in any way, amount to vesting or infusing in the state any special power to further legislature on preservation of structures on the lines, or as per the scheme of the provisions of ancient monuments, archaeological sites and remains etc. ..... petitioner has relied upon the relevant portion which reads as follows:the said list of buildings, artefacts, structures and precincts of historical and/or aesthetical, and/or architectural and/or cultural value and/or natural features to which this regulation applies shall not form part of this regulation for the purpose of section 37 of the maharashtra regional and town planning act,, 1966, this list may be supplemented, altered, deleted or modified from time to time by government on receipt of proposals from the commissioner or from the said ..... hand heritage structures and precincts have been defined, the amendment, which is simultaneously effected to the definition of the term 'development' in clause (7) of section 2, reveals that prime object is not of enacting a new set of rules having force of law to preserve the structures having character as a monument first, but to also make an attempt, to preserve the heritage structures or remove them or develop the property under it, while 'properly developing' the town and while preparing and implementing the development plan ..... xii of 1961 or central enactment on the subject. ..... xii/1961. .....

The Tungabhadra Board, Tungabhadra Dam, Hospet, Bellary District Vs. E ...

Court : Karnataka

Reported in : ILR2000KAR402; 1999(4)KarLJ716; (1999)IILLJ1014Kant

..... in theyyam joseph's case, (1996)8 scc 498 : 1996 air scw 1365, held that the functions of the postal department are part of the sovereign functions of the state and it is, therefore, not an 'industry' within the definition of section 2(j) of the industrial disputes act, 1947. ..... :'it is now well-settled legal position that the irrigation department and telecommunication department are not an 'industry' within the meaning of definition under the industrial disputes act as held in union of india v jai narayan singh, 1995 ..... under these circumstances, the state is not an 'industry' under the industrial disputes act'.it may be noted here that the learned judges did not notice the decision of the constitution bench in bangalore water supply and sewerage board's case, supra and a decision of two member bench of the supreme court in des raj and others v state of punjab and others, in des raj's case, supra, it was held that the irrigation department ..... contended that the appellant is discharging sovereign function and therefore not amenable to the provision of industrial disputes act and that the worker is not entitled to reinstatement ..... , as compared with the view taken by the subsequent two member bench in executive engineer's case, supra, keeping in view the observations of the constitution bench in bangalore water supply and sewerage board's case and hold that irrigation department is an industry and would be amenable to the jurisdiction of the tribunal under the industrial disputes act.8. .....

The State of Karnataka Rep. by Its Chief Secretary and ors. Vs. Sri Sr ...

Court : Karnataka

Reported in : ILR2008KAR5031; 2009(3)KarLJ674; 2009(1)KCCR153

..... the government of karnataka exercising the power under section 4 of the karnataka ancient and historical monuments and archaeological sites and remains act, 1961 (hereinafter referred to as the 'act' for short) declared the said 'janana mantapa' as a protected monument initially under a notification dated 15.4.1997, which was questioned before this court in w.p. no. ..... not satisfy the requirements of section 2(1) and 2(3) of the act, it would be necessary for us to notice the contents of the said provisions which is extracted hereinbelow for ready reference.section 2(1): 'ancient monument' means any structure erection or monument or any tumulus or place of interment, or any cave, rock-sculpture, inscription or monolith, which is of historical, archaeological or artistic interest and which has been in existence for not less than one hundred years and includesi) the remains of an ancient monument;ii) the site of an ancient monument;iii) such portion of land adjoining the site of an ancient monument as may be required for .....