Judgment Search Results Home > Cases Phrase: appropriation act 2005 Court: karnataka Page 100 of about 25,602 results (0.042 seconds)

Venu Vs. Assistant Regional Transport Officer

Court : Karnataka

Reported in : I(1994)ACC257; ILR1993KAR3387

..... another type of vehicle namely to motor cab by merely reducing the seating capacity from 12+1 to 6+1 which it is to be stated is not intended under the specific provisions of the motor vehicles act and rules made thereunder.it is to be stated that the petitioner by invoking section 52 of the act intends to effect absolute change of identity of maxi cab into motor cab which imports destruction of existence of a thing altered or changed or loss of its identity which is not the real ..... rto/bng/ c/pr.144/tr/93-94 dated 28.6.1993 marked under annexure-a by issue of a writ of certiorari of any other appropriate writ, order or direction; ii) issue a writ in the nature of mandamus directing the respondent to grant the alteration as prayed for by the petitioner in respect of ..... 1990, which is to the following effect at para-2 and 3:para 2: this petition is directed against an endorsement issued by the respondent stating that the motor vehicles act, 1988 and karnataka vehicles rules 1989 do not permit conversion of omnibus into goods vehicle pursuant to an application made by the petitioner in that regard. ..... question that requires for consideration is whether it is permissible in law to seek re-alteration of a vehicle from one type of vehicle to another type of vehicle by either enhancing number of seats or by reducing number of seats under section 52 of the act read with rules 49 and 151 of karnataka motor vehicle rules 1989 and what is the meaning to be attached to the word alteration. .....

Arun Balavant Chandagadkar Vs. KhutubuddIn Shabhakhan Pathan and Other ...

Court : Karnataka

Reported in : AIR2000Kant334; ILR2000KAR2646; 2000(5)KarLJ274

..... a whole but the benefit which is given initially if continued results in increasing injustice to one section of the society and an unwarranted largess or windfall to another, without appropriate corresponding relief, then the continuation of such a law which necessarily, or most likely, leads to increase in lawlessness and undermines the authority of the law can no longer be regarded as being reasonable. ..... arbitrary in todays context'.in para 30 of the judgment, the supreme court has observed thus:'taking alt the facts and circumstances into consideration we have no doubt that the existing provisions of the bombay rent act relating to the determination and fixation of the standard rent can no longer be considered to be reasonable'.it is clear from the above observations and a reading of the entire judgment that the provisions relating to ..... in paras 26 to 28 of the judgment in malpe vishwanath acharya's case, supra, the supreme court made the following observations:'para 26: it is true that whenever a special provision, like the rent control act, is made for a section of the society it may be at the cost of another section, but the making of such a provision or enactment may be necessary in the larger interest of the society as ..... it is indeed more appropriate to strike down section 14 of the act so that the legislature may have an opportunity of taking a fresh look into the question of the 'fair rent' and whether 'fair rent' cannot be otherwise than .....

Smt. Kathiza and Others Vs. the District Magistrate and Deputy Commiss ...

Court : Karnataka

Reported in : ILR1998KAR537; 1998(1)KarLJ162

..... or of any specified class or description of motor vehicles or the use of trailers either generally in a specified area or on a specified road and when any such prohibition or restriction is imposed, shall cause appropriate traffic signs to be placed or erected under section 116 at suitable places: provided that where any prohibition or restriction under this section is to remain in force for not more than one month, notification thereof ..... its resolution dated 7-5-1993, rejected their prayer for grant of stage carriage permits taking note of the notification issued by the district magistrate dated 6-4-1993 under section 115 of the motor vehicles act, 1988 ('act' for short) read with rule 221-a(5) of the karnataka motor vehicles rules, 1989 ('rules', for short), restricting further entry of mofussil buses to hampanakatta area in the city of mangalore, ..... court in motor general traders v state of andhra pradesh, while dealing with the challenge to the constitutional validity of section 32(b) of the andhra pradesh buildings (lease, rent and eviction) control act, 1960 on the ground that it violated article 14 of the constitution, the supreme court observed that under the said provision, the landlords' buildings constructed subsequent to 26-8-1957 had been given ..... is unwarranted.10.1 sri putige ramesh, learned counsel for the appellants, urges the following: to meet the situation like the one concerned herein, the appropriate provision was section 71(3)(a) of the act and not section 115. .....

Management of Ksrtc by Its Divisional Controller Vs. B.C. Hiremath

Court : Karnataka

Reported in : ILR2001KAR5346; (2002)ILLJ600Kant

..... it is the discretion of the employer to consider the same in appropriate cases, but the labour court cannot substitute the penalty imposed by the employer in such cases.'16 ..... a proved act of misappropriation cannot be taken lightly even though a number such mis-appropriation cases remain undisclosed ..... case of a dispute falling within the scope of section 2-a, may, within six months from the date of communication to him of the order of discharge, dismissal, retrenchment or termination or the date of commencement of the industrial disputes (karnataka amendment) act, 1987, whichever is later, apply, in the prescribed manner, to the labour court for adjudication of the dispute. ..... respondent did not take any steps to question the order of dismissal before the appropriate court of law. ..... taking advantage of the amendment introduced by the state in the act, workman raised an industrial dispute in the labour court, hubli in the year 1988 seeking setting aside of the order of dismissal passed against him ..... legislature of karnataka introduced a state amendment incorporating section 4-a after sub-section (4) of section 10 of the industrial disputes act, (hereinafter referred to as 'the act'), permitting the workman to approach the court. ..... management had lost confidence that the workman would truthfully and faithfully carry on his duties and consequently the labour court rightly declined to exercise the power under section 11-a of the industrial disputes act to grant relief with minor penalty.'15. .....

N.P. Krishnamurthy and ors. Vs. N.R. Pandurangappa and anr.

Court : Karnataka

..... submission is that even the proceedings before the district registrar itself was improper, in the sense that the first respondent could not have filed an appeal under section 8(2) of the act seeking for cancellation of the registration granted in favour of the society; that the appeal is tenable only at the instance of the society which has been declined registration and not ..... i am of the view that the order passed by the tribunal in the exercise of its appellate power under section 27(3) of the act to cancel the registration in favour of the society for the first time in an appeal even without a notice to the society is ..... which has a religious activity as its purpose, it is not necessary for this court to examine the merits of this contention as i find that for exercising powers under section 27 of the act, it is inevitable that notice is issued to the society whose activities are to be enquired into and whose registration may be cancelled ultimately. ..... no scope for interference by invoking section 8 of the act for cancellation of such registration, but any person who finds any obnoxious activity on the part of the society can seek for an enquiry and appropriate orders for cancellation of registration under the provisions of section 27 of the act.14. ..... learned additional government advocate submits that it was not proper for the authorities to have proceeded to act under section 27 of the act even without issuing notice to the society concerned and to this extent there appears to be .....

The Special Land Acquisition Officer Vs. Mallareddeppa S/O Bhimangouda ...

Court : Karnataka

Reported in : ILR2008KAR1531; 2008(3)KarLJ501; 2008(2)KCCR717; 2008(2)AIRKarR405; AIR2008NOC1347; 2008AIHC2008(Kar)

..... 5/2006 and 62006 are hereby set aside end the matter stands remitted back to trial court to reconsider the matter afresh and to take appropriate decision in accordance with law and in strict compliance of the relevant provisions of the land acquisition act end rules and with reference to the relevant records available on file and dispose of the same, as expeditiously as possible, after affording opportunity ..... in both the petitions in respect of the files referred above along with necessary documents for adjudication of the matter under section 18(1) of the land acquisition act being aggrieved by the impugned common order passed by the learned civil judge (senior division) at shorapur, common petitioner herein felt necessitated to present the instant revision petitions.3. ..... depositing the same in the bank, it is significant to note after microscopic evaluation of the original records that, notice under sections 9 and 10 of the land acquisition act are issued and the same has been duly served to the respondents, but they have not chosen to file the petitions claiming-compensation. ..... receipt of award notice under section 12(2) of the lend acquisition act, seeking enhancement of compensation, common petitioner herein failed to refer the said matter for adjudication before the jurisdictional court therefore, respondent in these two petitions were constrained to file the application under section 18(3)(b) of the land acquisition act, seeking appropriate direction, as referred above. .....

Mariappa Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 1991CriLJ1167; 1989(3)KarLJ414

..... 18 of the act that the searches under the act and the rules shall be carried out in accordance with the provisions of the code relating to searches, clearly indicated that the appropriate provisions of the code shall govern searches authorized under the act and the rules. ..... the history pertaining to the posting of this writ petition stated by me is to show that the respondents had ample opportunity to place appropriate material before the court to justify their action. ..... in other words, a direction to dispose of the seized essential commodity pending disposal of the proceeding initiated under section 6a of the act must be supported by a finding that having regard to the nature and condition of such essential commodity it is either subject to speedy and natural decay or having regard to the requirement of such essential commodity for public consumption it is expedient in ..... it was also stated in the writ petition, at para 5 that there was no cause whatsoever for the act complained of and that the third respondent acted arbitrarily and unlawfully while seizing the paddy without there being any reasonable grounds to believe that there has been any contravention of the provisions of the levy order. 5. ..... (i) and (ii) xx xx xx xx xx clause 12(2) is also relevant, which reads :- 'the provisions of sections 100 and 165 of the code of criminal procedure, 1973 (central act 2 of 1974), relating to search and seizure, shall, so far as may be, apply to searches and seizures under this order.' 11. .....

Smt. A.E. Dakshayanamma Vs. Karnataka Appellate Tribunal and Others

Court : Karnataka

Reported in : AIR1995Kant341; ILR1995KAR264; 1995(3)KarLJ11

..... the question involved in this case is as to whether the deputy commissioner has any authority under the provisions of the karnataka land revenue act, 1964 (in short, the act) and the karnataka land grant rules, 1969 (in short, the rules) to annul the grant of any land made by tahsildar in gross disregard of the relevant rules ..... my opinion, the legislature in order to obviate the situation like the one involved in the present case has advisedly incorporated section 25 in the act so that the abuses caused by the revenue courts can be appropriately be prevented by holding due enquiries. ..... section 24 provides that a revenue officer not below the rank of tahsildar while determining any question under the act or other existing law between the state government or any person or between the parties to any proceeding shall be a revenue court ..... my opinion, the present case is one of the illustrative cases in which the deputy commissioner acting as a revenue court has rightly exercised the inherent powers conferred on him under section 25.10. ..... facts give a clear indication of his conscious involvement in granting the land to the petitioner in violation of the rules, therefore, his act was tainted with the bad faith and mala fides. ..... for the petitioner is to be accepted, then it would only mean that in the matter of grants, even if the concerned authority grants any land illegality the same cannot be undone by any superior authority under the act; and, so the act even if illegal will be final.9. .....

M. Subbanna Naik and ors. Vs. the State of Mysore and ors.

Court : Karnataka

Reported in : AIR1965Kant269; AIR1965Mys269; (1965)1MysLJ269

..... make it clear that the operative provisions of the act for the purpose of acquiring land for a company will only apply when two conditions precedent have been satisfied, namely, (i) the previous consent of the appropriate government has been given to the acquisition, and (ii) the company has entered into an agreement as provided in the act. ..... the year 1961, the mysore legislature passed the land acquisition (mysore extension and amendment) act, 1961, (mysore act 17 of 1961) and the said act came into force on 24-8-1961 after receiving the assent of the president. ..... 40 lays down when the consent of the appropriate government can be given. ..... hence, we allow these petitions and quash the notification under section 6 of the 'act' and proceedings resulting therefrom, in so far as they relate to survey numbers 50/1, 62 and ..... in other words, it bodily lifted some of the provisions of the central act 1 of 1894 and adopted them as its own, either with or without ..... the state legislature, instead of re-enacting several of the provisions of central act 1 of 1894, adopted the convenient legislative practice of enacting a statute by a reference to ..... 'the circumstances that the state legislature purported to extend central act 1 of 1894 and further to amend it in its application to this state, cannot convert that enactment into a ..... assuming that the provisions of the central act 31 of 1962 govern the impugned proceedings even then, section 7 of the act--the validating provision--is not applicable to those .....

Smt. K.S. Nagamma Vs. Mrs. M.P. Manekshah

Court : Karnataka

Reported in : ILR2004KAR2309; 2004(4)KarLJ408

..... present occupant is not covered by either sub-section (1) or sub-section (2) of section 5, the only appropriate role that the present occupant could play in his capacity as the l.r. ..... the occupant of the premises who does not inherent the tenancy of the deceased respondent under section 5 of the act and who does not enjoy the protection provided to a legal representative under section 27 of the act to resist the recovery of possession by the landlord, merely comes on record to suffer an order of eviction and to facilitate the recovery of the petition premises ..... order 22 rule 4 and 4a - karnataka rent act, 1999 - sections 5(1) and (2), 27 -- procedure in case of death of defendant and procedure when there are no legal representatives, legal representative as contemplated under section 5(1) and (2) -- position of legal representatives who do not come within the purview of section 5(1) and (2) and enjoy protection of section 27 of the act -- position of persons who are not members of the ..... act and who does not enjoy the protection provided to a legal representative under section 27 of the act to resist the recovery of possession by the landlord, merely comes on record to suffer an order of eviction and to facilitate recovery of premises by the landlord.section 3 of krc act does not ..... she been represented by a legal representative having the right of inheritance, the only difference being that the petitioners landlord is not required to establish her/his case under section 27 of the act. .....