Court : Karnataka
Reported in : ILR2007KAR5233; 2007(4)KCCRSN314.
..... and who is not less than 18 years of age on such date as may be fixed in that behalf by or under any law made by the appropriate legislature and is not otherwise disqualified under this constitution or any law made by the appropriate legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any ..... india, and, therefore, suffering from absence of qualification under article 84 as also a positive disqualification under article 102 of the constitution, then the case is one which attracts applicability of section 10(1)(d)(iv) of the act and such an issue can be tried by the high court in an election petition in spite of the returned candidate being enrolled in the voters list for it will be a case of alleged non-compliance with ..... under section 81 of the representation of people act, 1951, (hereinafter for short referred to as 'the act') for a declaration that the election of respondent sri marithibbegowda from karnataka south teachers constituency of karnataka state to the karnataka legislative council declared on 19.6.2006 as null and void and set aside ..... act and the 1951 act are the two articles 326 and 327 of the constitution, which contemplate qualifications and disqualifications being provided for, amongst other things, by the appropriate ..... as to constitutional validity of any law can, in appropriate cases, as dealt with hereinabove, also be raised and ..... things, by the appropriate legislature. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2009KAR2029; 2009(5)KarLJ98
..... allottee, inter alia contending that, on allotment, heavy investments are incurred towards payments to kiadh, private contractors for supply of goods and materials to put up construction of the building in accordance with the sanction of building plan on 2.2.2006, and in addition, obtained financial assistance from m/s kaiyiataka state financial corporation, it is further contended that the allotment of the said plot, in exercise of regulation 10 of the disposal of lands by kiadb regulations, 1969, is legal ..... on 19.9.2006 for a writ of certiorari to quash the allotment letter annexure-c; the agreement annexure-d, and; to consider the petitioner's application for allotment of the plot of laud or appropriate orders.2. ..... the petitioner's written requests dated 28.8.2006 annexure-e, and 13.9.2006 annexiire-1% to furnish copies of the documents of allotment, were responded to by the 1st respondent furnishing a copy of the allotment letter dated 29.10.2005 while denying a certified copy of the agreement dated 22.10.2005 ..... 1801/2006, the 2nd respondent filed an affidavit dated 3.11.2006 undertaking to put up construction of the building at his own risk without; pleading equities or creating any 3rd party interest, which when taken on record, the division bench by order dated 6.13.2006 disposed of the appeal ..... this court's order dated 25.9.2006 issuing emergent notice re-rule and directing the respondents to maintain status quo in respect of the said plot of land,, which when sought to .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2009Kant1; ILR2008KAR4105; 2009(1)KarLJ641; 2008(4)KCCR2357
..... other law made by the parliament;c) by any other law made by state legislature;d) by notification issued or order made by the appropriate government and includes any-(i) body owned, controlled or substantially financed;(ii) non-government organization substantially financed, directly or indirectly by funds provided by the appropriate government;7. as per sub-clause (d) of clause (h) of section 2 of the rti act, the appropriate government can include an institution within the scope of public authority, provided it is owned, controlled or substantially financed, directly or ..... 1/karnataka information commission, on the basis of the notification dated 22.9.2005, by order dated 1.9.2006 (vide annexure-e) directed the registrar of co-operative societies to seek information from the society and furnish the same to the applicant. ..... the respondent no-2 by his reply dated 30.10.2006 (annexure-d) intimated the chairman of the society stating that under section 2(h)(d) of the act all co-operative societies are public authorities. ..... . 2 by communication dated 30.10.2006 at annexure-d is quashed.no costs.9 ..... . hence, the directions issued by the registrar to the petitioner/society, by his communication dated 30.10.2006 by the respondent no ..... admn/mph/97/2006-07 at annexure-'d.2. ..... 2 in the letter dated 30.10.2006 bearing no. .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(3)KarLJ204; 2009(1)KCCRSN19; 2009(2)AIRKarR117(D.B)
..... in the instant case, we are convinced that there exists a prima facie case to direct inquiry by the c.b.i, on the following aspects and to take appropriate action against:i) the officers who have failed to supervise the execution of work;ii) the officers who failed to regulate the traffic;iii) the officers who have certified the completion of work;iv) the officers who ..... the public at large and particularly the vehicle operators, have a legitimate right to seek appropriate directions to the concerned authorities to upkeep and maintain the public roads or the highways in a fit and motorable condition ..... the central vigilance commission shall take appropriate action against all the erring officers, both departmentally and criminally, strictly in accordance with law.12.3 ..... the admitted case of the respondents is that nh 48 in shiradi ghat section is a two-lane highway and as per the national highway act, 1956 it is the responsibility of the central government to develop and maintain the national highways. ..... 048-knt-2006-477) -a) asphalt workb) widening of culvertsc) rectification work----------------------------------------------------------------------------2 ..... repairs to damaged 842-92 rigid 12 monthscarriageway between 926.98 pavement excludingkm 237.00 to 247.00 work is in monsoon i.e.of nh-48, bangalore- progress 2/2009.mangalore section(providing rigidpavements & flexibleapproaches) (job no.048-knt-2006-483)---------------------------------------------------------------------------- 3. .....
Tag this Judgment!Court : Karnataka
Reported in : 2008(2)KarLJ537
..... court has specifically observed at paragraph 4 of its order that, 'to meet the ends of justice and to safe guard the interest of both parties, it would suffice for this court to issue appropriate direction to first respondent to dispose of the application filed by second respondent dated 24th may 2006, as expeditiously as possible, with two weeks from the date of receipt of a copy of the said order'. ..... said application was rightly withdrawn for the reason that, the same had been filed by fourth respondent under the karnataka lands (restriction on transfer) act, 1991 and there was a dear provision under the watana act that there was no need to file such application.thereafter, fresh application has been filed before the find respondent and the first respondent has rightly considered ..... therefore, when the application filed by fourth respondent itself was ambiguous, misconceived in nature and was not in accordance with the relevant provisions of the act, without any authorization from the other watandars/family members and in the absence of clinching authenticated documentary evidence, the first respondent was not at all right in coming to the conclusion of granting ..... therefore, he submitted that, the application filed by fourth respondent has been considered as per the relevant provisions of the watans act and the question of issuing notice and affording opportunity to the petitioner does not arise nor petitioner is in any way concerned with the lands in question, for the reason .....
Tag this Judgment!Court : Karnataka
Reported in : 2007(6)KarLJ654; 2007(5)AIRKarR507
..... to further substantiate his submission, he has taken me through the specific finding recorded by the special deputy commissioner in his order dated 30th august, 2006 vide annexure-q and submitted that, the said authority has considered all the aspects of the matter and the grounds urged by petitioner in the revision petition and ..... the said matter had come up for consideration before the special deputy commissioner, bangalore district on 30th august, 2006 and the special deputy commissioner, after hearing both parties, after conducting enquiry and after critical evaluation of the entire original records threadbare, with reference to the relevant ..... note that, the special deputy commissioner, bangalore east taluk in his order dated 30th august, 2006 vide annexure-q, has recorded a finding that as per the order dated 11th february, 1988 ..... writ petition with a direction to the deputy tahsildar, bangalore east taluk, krishnarajapuram to consider the representation submitted by petitioner vide annexure-f therein and to pass appropriate order in accordance with law. ..... petitioner has filed the revision under section 136(3) of the karnataka land revenue act, 1964 before the special deputy commissioner, bangalore district, bangalore, in revision petition ..... petitioner in the rtc extract has been rightly refused by all the three competent authorities and the same are in strict compliance of the relevant provisions of the karnataka land revenue act, 1964 and the karnataka land revenue rules, 1966. .....
Tag this Judgment!Court : Karnataka
Reported in : 2008(6)KarLJ202; 2008(3)KCCR1530; 2008(5)AIRKarR28(DB)
..... in this case when the appellants came to known about the alleged misuse of railway warrants by the writ petitioner, a court of inquiry was ordered on 28-8-1998. ..... the knowledge of the alleged offence and the holding of the court martial was approximately three years and six months and hence the trial was barred by limitation under section 122 of the army act, there was no specific reply to the said contention in the statement of objections filed by the respondents. ..... after referring to the relevant facts and the provisions contained in section 122 of the army act, the learned single judge held that the trial was barred by limitation and accordingly annexure-a and al were quashed.5 ..... the court of inquiry was ordered to inquire into the following:(a) the exact number of railway warrants and form ds issued and used by ic-33219p lt. ..... to pinpoint the blame, if any regarding issue procedure and auditing of the railway warrants by the unit concerned.3. ..... the said court of inquiry was in respect of alleged misuse of railway warrants by the writ petitioners. ..... it is not disputed that under section 122(1)(b) of the army act, no trial by court martial of any person for any offence shall be commenced after the expiration of a period of three years ..... this writ appeal is filed against the judgment dated 31-7-2006 in writ petition no. ..... even though the petitioner had raised a contention before the general court martial that the trial was barred by limitation under section 122 of the army act, it was overruled. .....
Tag this Judgment!Court : Karnataka
Reported in : 2012(2)KarLJ73; 2012(2)KantLJ73; ILR2012KAR1572
..... , while making reference to the provisions of the following statutes and reported opinions:statutes referred to:(1) regulation 4.34 of the karnataka electricity board electricity supply regulations, 1988;(2) sec.49 and 79(j) of the electricity (supply) act, 1948;(3) sec.58 of the karnataka electricity reforms act, 1999;(4) clauses 2.50; 49.00 and 4.12(v) of the karnataka electricity regulatory commission (electricity supply & distribution) code 2000-2001 with effect from 29/3/2001; and(5) sec.56(2) of the electricity ..... sec.11 of the karnataka electricity reforms act, 1999, vests the commission with the powers to regulate interalia the distribution, supply and utilization of electricity to issue license and determine the conditions to be included in the license, to regulate the working of the licensees and to set appropriate codes of conduct and standards for the electricity industry in the state and the standards of service to the ..... 29/5/2006, for recovery of dues under the karnataka electricity board (recovery of dues) act, 1976 and the karnataka electricity board (recovery of dues ..... ((2006) 13 scc 101) as also paschimanchal vidyut ..... 2006 ..... 29/5/2006, to which the petitioners have ..... 11/7/2006 directing the respondents not to enforce the recovery of arrears of rs.1,77,95,017/- (rupees one crore seventy seven lakhs ninety five thousand and seventeen only) subject to the petitioners depositing rs.60,00,000/- (rupees ..... on 25/4/2006.2. i.a. ..... 6/1/2006, ..... 13/4/2006, on the premise the bescom was .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2008Kant111; ILR2008KAR1281; 2008(5)KarLJ43
..... submitted that, it was duty cast on the respondents to have issued final notification under section 6(1) of the land acquisition act within one year from the date of issuance of corrigendum notification dated 20th april 2005 vide annexure d since the time had not expired and that, within one year, they have approached this court by redressing their grievance and seeking appropriate reliefs as stated supra. ..... petitioner strenuously pointed out and submitted that, at the instigation of third respondent and some rival group, the authorities have taken such a decision, resulting in issuance of the endorsement dated 5th june 2006 vide annexure g stating that, in spite of the special land acquisition officer, bangalore sanding several communications, petitioner - trust has not deposited the cost of acquisition proceedings and therefore 6(1) notification ..... the exact cost of acquisition and therefore, they have not deposited the entire cost of acquisition and therefore, they have sent a representation dated 24th april 2006 requesting the acquisition authority to accord permission to deposit the cost of acquisition and thereafter, they have requested by way of another representation dated 29th april ..... it is pertinent to note that, petitioner -trust has not chosen to assail the correctness or otherwise of the endorsement dated 6th june 2006 vide annexure g, wherein it is specifically pointed out that, the acquisition proceedings was vitiated in view of non issuance of 6 (1) notification .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR3319; 2008(6)KarLJ650; 2008(4)KCCRSN326; 2008(5)AIRKarR245; AIR2008NOC2879
..... up for discussion by the petitioners does not fall within the ambit of the powers and functions of the taluka panchayat and is in fact outside the scope of section 141(2) of the act therefore, the state government was right and justified in holding that the petitioners had worked against the interest of the panchayat and also of the state while raising the issue which was ..... the instant case, the petitioners intended to do precisely what is stated hereinabove and when they were proceeded against by issuing notice alleging such acts on their part, they justified their actions and contended that it was the expression of their freedom of speech and expression, as ..... . as regards the contention of the learned counsel for the petitioners that proceedings initiated under section 136 of the act against the adhyaksha of the taluka panchayat was illegal, it has to be stated that the adhyaksha of the taluka panchayat is also a member of the taluka panchayat and if he has committed misconduct in his capacity ..... in both the writ petitions are passed separately, the nature of the allegations made and the nature of enquiry held is similar, hence it is felt appropriate to dispose of these cases together.3. ..... notice dated 09.05.2006 vide annexure-a was issued by the government to the petitioners calling upon them to show-cause why action should not be initiated against them under section 136 of the act for removing them from the post of member and adhyaksha of the taluka panchayath for their acts. .....
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