Court : Karnataka Dharwad
..... section 5 of the said act of 2013 provides for a public hearing prior to preparation of social impact assessment report, section 6 provides that the report should be published, uploaded on the website of the appropriate government and made available to ..... " (d) industrial corridors set up by the state government and its undertaking (in which case the land shall be acquired up to such distance on both sides of designated railway lines or roads and as specified by the state government for specific projects from time to time and notified as such in state gazette); and (e) infrastructure projects, including projects under public ..... lands of the petitioners for the purpose of road widening of state highway 136 is an infrastructure project within the meaning of section 10-a(b) referred to supra, since projects relating to transport including roadways, railways, airways and waterways are infrastructure projects, which are capable of being exempted from the mandatory requirements contained in chapter-ii of the said act of 2013. ..... not been published in the official gazette as required under section 10-a and consequently, in the absence of any material to establish that the said exemption notification exempting the application of chapter-ii of the said act of 2013 to the subject acquisition was published in the official gazette in conformity with section 10-a, it cannot be said that the subject acquisition stood exempted from following and complying with the mandatory requirements of chapter .....
Tag this Judgment!Court : Karnataka Dharwad
..... section 5 of the said act of 2013 provides for a public hearing prior to preparation of social impact assessment report, section 6 provides that the report should be published, uploaded on the website of the appropriate government and made available to ..... " (d) industrial corridors set up by the state government and its undertaking (in which case the land shall be acquired up to such distance on both sides of designated railway lines or roads and as specified by the state government for specific projects from time to time and notified as such in state gazette); and (e) infrastructure projects, including projects under public ..... lands of the petitioners for the purpose of road widening of state highway 136 is an infrastructure project within the meaning of section 10-a(b) referred to supra, since projects relating to transport including roadways, railways, airways and waterways are infrastructure projects, which are capable of being exempted from the mandatory requirements contained in chapter-ii of the said act of 2013. ..... not been published in the official gazette as required under section 10-a and consequently, in the absence of any material to establish that the said exemption notification exempting the application of chapter-ii of the said act of 2013 to the subject acquisition was published in the official gazette in conformity with section 10-a, it cannot be said that the subject acquisition stood exempted from following and complying with the mandatory requirements of chapter .....
Tag this Judgment!Court : Karnataka Dharwad
..... section 5 of the said act of 2013 provides for a public hearing prior to preparation of social impact assessment report, section 6 provides that the report should be published, uploaded on the website of the appropriate government and made available to ..... " (d) industrial corridors set up by the state government and its undertaking (in which case the land shall be acquired up to such distance on both sides of designated railway lines or roads and as specified by the state government for specific projects from time to time and notified as such in state gazette); and (e) infrastructure projects, including projects under public ..... lands of the petitioners for the purpose of road widening of state highway 136 is an infrastructure project within the meaning of section 10-a(b) referred to supra, since projects relating to transport including roadways, railways, airways and waterways are infrastructure projects, which are capable of being exempted from the mandatory requirements contained in chapter-ii of the said act of 2013. ..... not been published in the official gazette as required under section 10-a and consequently, in the absence of any material to establish that the said exemption notification exempting the application of chapter-ii of the said act of 2013 to the subject acquisition was published in the official gazette in conformity with section 10-a, it cannot be said that the subject acquisition stood exempted from following and complying with the mandatory requirements of chapter .....
Tag this Judgment!Court : Karnataka Dharwad
..... aggrieved by the sale notice, the petitioner preferred the first writ petition praying for the following reliefs: a) issue a writ of mandamus or any other appropriate writ or directions directing the 1st and 2nd respondent to drop all proceedings as against the sale notice and close the loan as per the ots proposal issued ..... considering the representation was pleased to reject the request for extension of time for compliance of ots terms on the premise: a) that a long time has lapsed since ots was sanctioned in june 2006; b) that the promoter (petitioner) has not made efforts even to make part payments at his own behest; c) that he has made payments only pursuant to the orders of the court. ..... further contend that the entire exercise of transferring of the seized assets to a third party who is not even a bidder or participant in the negotiations is a fraudulent act and hence the sale of the property to the third party is contrary to the procedures adopted by the corporation and is also opposed to the doctrine of fairness w.a ..... respondents this writ appeal is filed under section4of the karnataka high court act, 1961, praying to set-aside the order dated22d april, 2014, passed by the learned single judge in writ petition no.41433/2010 (gm-res), and further to reject the said writ ..... of its failure, the corporation exercised the powers vested in it under section 29 of the state financial corporation act (for short the act ) and took the possession of the running hospital on 21.04.2007. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the power is akin to that of an ordinary court of appeal, yet the power under article 227 is intended to be used sparingly and only in appropriate cases for the purpose of keeping the subordinate courts and tribunals within the bounds of their authority and not for correcting mere errors. ..... learned senior civil judge as well as the learned single judge of this court have failed to notice the very object of the legislation while enacting the provisions of section 18 of the act and a reference is a judicial proceeding commences before the court and the petitioner/appellant is a land loser and the rights of the :12. ..... the 2nd respondent/union of india, represented by the senior divisional engineer, south- western railways, filed objections on 10.01.2017 before the reference court denying all the contentions and sought for ..... being dissatisfied with the award passed by the learned slao, the appellant/claimant filed an application under section 18(1) of the act before the assistant commissioner and on being referred the same to the learned senior civil judge, it was numbered as lac no.132/2014 by the learned ..... 2010, the land acquisition officer acquired the said land invoking urgency clause under the provisions of section 4(1) read with section 17(4) of the land acquisition act (hereinafter referred to as the act for short) for the purpose of hubli-hospete and hubli- londa bypass line. ..... praveen kumar singh, reported in (2006) 3 supreme court cases 312, at para no.12, 13 and 15, held as under .....
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..... the submission that the facts about the death of deceased were within the knowledge of the accused person and therefore as per section 106 of the evidence act, the appellant-accused is the proper and competent person to explain about the circumstances and the :14. ..... appended to this section throws some light on the content and scope of this provision and it reads: (b) a is charged with traveling on a railway without ticket. ..... : necessary to keep in mind section 106 of the evidence act which says that when any fact is especially within the knowledge of any person, the burden of proving that fact is ..... crl.appeal no.1341 of 2005 dated 11.11.2006 in the case of trimukh maroti kirkan v/s state ..... in view of section 106 of the evidence act there will be a corresponding burden on the inmates of the house to give a cogent explanation as to how the crime ..... and 13 that deceased complained against her husband before them about the ill-treatment and harassment, amounts to oral dying declaration, which is a relevant piece of evidence under the provisions of section 32 (1) of the evidence act. :49. :27. ..... the learned trial judge convicted the accused for the offence punishable under sections 498a, 302 and 201 of ipc and acquitted for the offence punishable under sections 3 and 4 of dowry prohibition act. ..... trial court convicted the appellant/accused for the offence punishable under sections 498a, 302 and 201 of ipc and acquitted for the offence punishable under sections 3 and 4 of dowry prohibition act.2. .....
Tag this Judgment!Court : Karnataka Dharwad
..... on perusal of the evidence of pws 1, 4 and 5 it indicates that when the accused was found in the railway platform no.2 and they were in conscious possession of the cartoon box and it was containing 1 kg ganja, the same was seized in accordance with law ..... therefore, the word "person" would mean a human being with appropriate coverings and clothings and also footwear.11. ..... he must advance something which clearly shows that the grammatical construction would be repugnant to the intention of the act or lead to some manifest absurdity (see craies on statute law, seventh ed. ..... having regard to the scheme of the act and the context in which it has been used in the section it naturally means a human being or a living individual unit and not an artificial person ..... having regard to the scheme of the act and the context in which it has been used in the section it naturally means a human being or a living individual unit and not an artificial person ..... section 2(xxix) of the act says that the words and expressions used herein and not defined but defined in the code of criminal procedure have the meanings respectively assigned to them in that code ..... of maharastra2 discussed the provisions pertaining to `personal search' under section 50 of the ndps act and held as follows; "....... ..... that light, search of a person as contemplated u/s 50 of the act is not necessary. ..... 50 of the act can be invoked only in cases where the drug/ narcotic/ ndps substances is recovered as a consequence of the body search of the .....
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..... therefore, as rightly submitted by their learned counsel, appellants felt it appropriate to convey to the respondents that the allotment had extinguished due to their failure to remit the land cost within the stipulated time. :27. ..... on the other hand the club is seeking the equitable remedy against forfeiture under section 114 of the transfer of property act where it has proceeded on the basis that the trust is its lessor and the club is the lessee and as a lessee it has to pay the lease rent to the trust. ..... iv) it was observed by the respondents that 28.38 acres of land was allotted to the kptcl as on 1.8.2006 and kptcl was put in possession of the land on 25.9.2006 (ex.p28) and a portion of land allotted to the kptcl was overlapping the land allotted to the respondents. ..... we have to consider the relevant clauses of the provisional allotment letter, which are extracted as above, particularly, the original allotment of plot was made in favour of the respondent on 20-6-2006 subject to payment of rs.72,00,000 within 90 days from the date of receipt of the allotment letter. ..... : ii) iii) to hold that the allotment letter no.iadb/ 15962/5120/06-07 dated 1.8.2006 is subsisting and binding on the parties; to direct the appellants to work out the actual area to be developed out of the suit property subsequent to allotment of area earmarked for passage of high tension wires of kptcl and to fix .....
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..... which is as under: section 2(f): employer means, in relation to any establishment, factory, mine, oilfield, plantation, port, railway company or shop- (i) xxxxx xxxxx xxxxx (ii) xxxxx xxxxx xxxxx (iii) in any other case, the person, who, or the authority which, has the ultimate control over the 8 affairs of the establishment, factory, mine, oilfield, plantation, port, railways company or shop, and where the said affairs are entrusted to any other person, whether called ..... court by order dated 14.1.2008 directed the petitioners to approach the controlling authority under the payment of gratuity act, 1972 (for short the act ) for appropriate reliefs.3. ..... is clear from the above definition that the employer is the person, or the authority, which has the ultimate control over the affairs of the establishment, factory, mine, oilfield, plantation, port, railway company or shop, etc. ..... 3 this writ appeal is filed under section 4 of the high courts act, praying to set aside the impugned order in w.p.no.104050/2014 dated 24.7.2014 passed by the learned single judge of this hon ble court, ..... appellate authority u/payment of gratuity act and regional labour commissioner, central, shramsadan, 3rd cross, 3rd main, 2nd phase, tumkur road, yeshwanthpur, ..... arguments that the custodian herein could also be treated employer and made liable to make payment, in the absence of a dispute that the liability in respect of the gratuity accrued prior to the appointed date, section 3(7) of the act will still apply. .....
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..... be appointed to the post of university and college teacher, librarian or director of physical education and sports, in any university or in any of institutions including constituent or affiliated colleges recognised under clause (f) of section 2 of the university grants commission act, 1956 or in an institution deemed to be a university under section 3 of the said act if such person does not fulfil the requirements as to the qualifications for the appropriate post as provided in the schedule 1 of these regulations. ..... therefore, the regulations governing recruitment and promotion of teachers under cas-2006 along with the score cards for promotions to various grades, the template for submission of work- done reports for promotions under cas-2006 and also the proforma for annual evaluation report of teachers have been framed and the same are approved by the competent ..... (3) above has extended the benefit of 2006 revised ugc/icar pay-scales, among others, to the teachers, librarians and equivalent cadres in the ..... card for promotion of teachers under cas-2006 (annexure-iii); and 4. ..... qualifications prescribed for the posts of teachers are in accordance with the university notification no.r/rectt/cas-2006/b-13/2013 dated 13.3.2013. ..... for submission of work-done reports for promotions to various grades/cadres/agp under cas-2006 (annexure-ii); 3. ..... recruitments and promotions of teachers under cas- 2006 (annexure-i); 2. ..... is regulations governing recruitment and promotion of teachers under cas-2006. .....
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