Court : Karnataka
Reported in : ILR1997KAR1573
..... controversy raised is with respect to the enactment of the bangalore palace (acquisition and transfer) act, 1996 (karnataka act no. ..... pending hearing before the high court of karnataka, it has become necessary to pass a law different from the provisions of the land acquisition act, 1894 and to make provision for appointment of a commissioner of payment to pass appropriate orders in conformity with the final decision in the above writ petitions in determining the amount payable in respect of the entire holding, and:whereas, for the purpose herein before stated it is expedient to provide for the acquisition and transfer of the bangalore palace and the open space around it, by legislation. ..... ' section 9 reads:'payment of further amounts: (1) the amount specified in section 8 shall carry simple interest at the rate of four per cent per annum for the period commencing on the appointed day and ending on the date on which payment of such amount is made by the state government to the commissioner. ..... again on 16.4.1996, 21.5.1996, 21.6.1996, 20.7.1996 and 26.8.1996, the ministry of home affairs was requested to obtain and communicate the assent of the president to the bangalore palace (acquisition and transfer) bill, 1996. ..... the government is also alleged to have initiated proceedings under the land acquisition act, by issuing a notification dated 12.8.1996, regarding which the writ petitions filed by the aggrieved are pending in this court. .....
Tag this Judgment!Court : Supreme Court of India
..... the constitutional validity of roerich and devika rani roerich estate (acquisition & transfer) act, 1996 (in short the acquisition act ), the legal validity of section 110 of the karnataka land reforms act, 1961 (in short land reforms act ), the notification no. ..... learned counsel also submitted that section 19a also provides for principles/machinery for payment of amount to the owners/interested persons and the amount is to be apportioned among owners, transferees and interested persons having regard to value on the appointed day i.e. ..... the view of the law department was sought for in that respect and the law department on 18.11.93 stated that the earlier order dated 15.03.82 of the land tribunal, bangalore be re- opened and the action under section 67(1) be initiated for resumption of the excess land. ..... further sub- section (2) of section 79b states that the company which holds lands on the date of the commencement of the amendment act and which is disentitled to hold lands under sub-section (1), shall within ninety days from the said date furnish to the tahsildar within whose jurisdiction the greater part of such land is situated a declaration containing the particulars of such land and such other particulars as may be prescribed; and which acquires such land after the said date shall .....
Tag this Judgment!Court : Karnataka
..... the preamble, sections 4, 5 and section 8 of the bangalore palace (acquisition and transfer) act, 1996 are quoted below for ready reference:- the bangalore palace (acquisition and transfer) act, 1996 (first published in the karnataka gazette, extraordinary, dated 18th november, 1996) (received the assent of the president on the fifteenth day of november, 1996) an act to provide for the acquisition and transfer of the bangalore palace and open space around it in the public interest and for its preservation and for matters connected therewith. ..... it has become necessary to pass a law different from the provisions of the land acquisition act, 1894 and to make provision for appointment of a commissioner of payment to pass appropriate orders in conformity with the final decision in the above writ petitions in determining the amount payable in respect of the entire holding and; whereas, for the purpose hereinbefore stated it is expedient to provide for the acquisition and transfer of the bangalore palace and the open space around it by legislation. ..... on the other hand, if the appeals of the assessees are allowed by the apex court and the bpat act, 1996 is struck down, the clear title and ownership of the assessees would emerge further fortifying their liability to pay wealth-tax on such urban lands as owners , even though during the period of their litigation, their wealth-tax liability is still enforceable upon substantive assessments as the said urban land .....
Tag this Judgment!Court : Supreme Court of India
..... facts of the case are that the bangalore palace (acquisition and transfer) act, 1996 (for short ".the act". ..... 32175 of 1996, 33649 of 1996, 33785 of 1996 and 33786 of 1996 by the appellants who are legal heirs of late maharaja of mysore and some other persons who claimed interest in the bangalore palace and the land appurtenant thereto spread over in more than 400 acres of ..... passed by karnataka legislature to acquire bangalore palace, which compendiously means, main palace building and other buildings with the surroundings open space and the compound wall all around. ..... no.13 of 2011 that bruhat bangalore mahanagara palike (bbmp) has mooted proposal to widen ramana maharshi road (bellary road - new airport road) and jayamahal road adjacent to bangalore palace, as these roads are directly linked with the ..... for the respondent-state argued that existing roads in and around bangalore palace are very congested leading to frequent traffic jams and traffic disorders. ..... to complete the proposed work of widening the roads, utilizing total area of 15 acres 39 guntas of the bangalore palace ground, in the interest of justice and equity; and [iii]. ..... no.11 of 2000 it further reveals that the learned advocate general of the state submitted before this court that for calculation of compensation, the formula laid down in the order passed on 15.2.1999 in ..... it is further contended that widening of the road is in the public interest to avoid traffic ..... it is further stated by the respondent-state in the present .....
Tag this Judgment!Court : Supreme Court of India
..... facts of the case are that the bangalore palace (acquisition and transfer) act, 1996 (for short ".the act". ..... 32175 of 1996, 33649 of 1996, 33785 of 1996 and 33786 of 1996 by the appellants who are legal heirs of late maharaja of mysore and some other persons who claimed interest in the bangalore palace and the land appurtenant thereto spread over in more than 400 acres of ..... passed by karnataka legislature to acquire bangalore palace, which compendiously means, main palace building and other buildings with the surroundings open space and the compound wall all around. ..... no.13 of 2011 that bruhat bangalore mahanagara palike (bbmp) has mooted proposal to widen ramana maharshi road (bellary road - new airport road) and jayamahal road adjacent to bangalore palace, as these roads are directly linked with the ..... for the respondent-state argued that existing roads in and around bangalore palace are very congested leading to frequent traffic jams and traffic disorders. ..... to complete the proposed work of widening the roads, utilizing total area of 15 acres 39 guntas of the bangalore palace ground, in the interest of justice and equity; and [iii]. ..... no.11 of 2000 it further reveals that the learned advocate general of the state submitted before this court that for calculation of compensation, the formula laid down in the order passed on 15.2.1999 in ..... it is further contended that widening of the road is in the public interest to avoid traffic ..... it is further stated by the respondent-state in the present .....
Tag this Judgment!Court : Karnataka
Reported in : [1999]97CompCas1(Kar)
..... --in this sub-section 'nationalised bank' means a corresponding new bank as defined in the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970).explanation ii. ..... per annum as the court deems reasonable on such principal sum, from the date of the decree to the dafe of payment, or to such earlier date as the court thinks fit : provided that where the liability in relation to the sum so adjudged had arisen out of a commercial transaction, the rate of such further interest may exceed six per cent, per annum, but shall not exceed the contractual rate of interest or where there is no contractual rate, the ..... coming to the question of interest subsequent to the date of the institution of the suit, it was found that the appellant had unlawfully withheld the amount due to the respondent even after coming to know that the collection made was an illegal one. ..... no, 2456 of 1990 on the file of the vith additional city civil judge, bangalore city, is aggrieved by the part decree granted by the trial court in respect of the cash credit facility transaction, wherein interest has been reduced to 12 per cent. ..... the plaintiff's case in brief is that the plaintiff-bank is a banking company wholly owned by the government of india, having its branch at lady curzon road, bangalore ; the first defendant is a partnership firm and defendants nos. ..... 1 is a firm carrying on business at bangalore. .....
Tag this Judgment!Court : Karnataka
..... the banking companies (acquisition and transfer of undertakings) act, 1980 (40 of1980 and having its corporate ..... act, 1939 in the new act of 1988, whereunder the condition of pre- deposit was inserted for the first time has no application to the questions involved in the present case, as therein, the condition of pre-deposit was not existing in the old enactment and the new act did not expressly or by necessary implications make the relevant provisions retrospective; and further, section 217(4) of the new act preserved general application of section ..... fact, has made the impugned orders, which amount to the drat s refusal to exercise discretion ..... under section 19 of the recovery of debts due to banks and financial institutions act, 1993, ( the act of 1993 ) in the debt recovery tribunal, karnataka, bangalore for recovery of the dues of rs.6203,35,03,879.42 (rupees six thousand two hundred and three ..... further mentioned that the petitioner had bought a ferrari 246 gts with an estimated value of gbp480,000 (approximately rs.4,17,60,000/-); he had entered into a hire purchase agreement dated 12.08.2016 which records a payment ..... others: (1996) 3 scc142 (b) the respondent nos.14 & 15 having deposited a sum of about rs.1,280 crore under the very same loan transaction with the registry of this court in terms of various orders in various other proceedings initiated by the respondent- banks, the drat is not justified in insisting upon the petitioner to deposit a sum of rs.3,101 crore and that too, .....
Tag this Judgment!Court : Karnataka
..... **** company petition no.51/2013 between: united bank of india a banking company constituted under the date of order 07-02-2017 co.p.no.57/2012 & connected matters iae international aero engines ag and others vs.united breweries (holdings) limited 8/244 banking companies (acquisition & transfer of undertakings) act, 1970 and having its registered office at 11, hemanta basu sarani kolkata-700001 and having amongst others a bangalore branch office at 40 k.g. ..... granting the requisite permission under section 536 of the companies act, 1956 to kfa and ubhl, the offerors with a view to amicably settle all disputes and differences with the consortium of banks/asset re-construction company shall, in full and final settlement of all the dues and claims made or raised by the consortium of banks/asset re-construction company against the offerors in various pending proceedings, make payment to the consortium of bank/asset re-construction company an aggregate amount of `4,000 crores in the ..... the petitioning creditors, which is far in excess of its net worth and the assets of the respondent - company whatever they are left now and which cannot be left in the control, possession and active management of the respondent - company as it exists now and it would be necessary, safe, reasonable and expedient to takeover these assets from the respondent - company and hand over the same to the official liquidator to proceed further for winding up the respondent company, ubhl, in accordance with .....
Tag this Judgment!Court : Karnataka
..... as an integrated project, it may require the acquisition and transfer of lands even away from the main alignment of the road; that the integrated project is intended for public purpose and, irrespective of where the land is situated, so long as it arose from the terms of the frame work agreement, if acquired, there is no question of characterising it as unconnected with a public ..... patil, learned senior counsel, appearing on behalf of the petitioners submits that the lands in question are already acquired by the state government under the provisions of the kiad) act for implementation of bangalore-mysore infrastructure corridor project (for short hereinafter referred to as 'bmic project') which is being implemented by nandi; that the lands sought to be acquired by respondent no ..... he further submitted that the petitioners are opposing the acquisition of land only in respect of 4 acres 35 guntas of land, over which the truck lay bay is proposed to be set ..... further, section 2(7-a) was added to define 'industrial infrastructural facilities' in a manner broad enough to take into its sweep the land acquisition for the project ..... further, the project involves developing infrastructure around peripheral bangalore all along the ..... cannot forget that, as originally enacted, the kiad act had a different, narrower definition of 'industrial area' in section 2(6). ..... he further submitted that there are other patches of lands measuring more than 5 acres of land, available adjoining to national highway .....
Tag this Judgment!Court : Karnataka
Reported in : 2004(4)KarLJ384; (2004)IIILLJ636Kant
..... of the joint note, a draft pension regulation, was sought to be implemented after complying with the procedures prescribed under section 19(1) of the banking companies (acquisition and transfer of undertakings) act, 1970. ..... of 1985 as if there was no dispute that the charges against the officer were not those of omission and commission on his part in the discharge of his duties as bank officer while at shivajinagara branch, bangalore and that therefore the authorities had no reason at all for not considering the request for voluntary retirement of the ..... by an employee in pursuance of the settlement shall be deemed to be an option for the purpose of chapter ii provided such an employee refunds within 60 days from the notified date, the amount of bank's contribution to the provident fund including interest accrued thereon together with a further simple interest and such, other conditions as set out therein.15. ..... , : (1996)illj1231sc held that if the punishment imposed by the disciplinary authority or the appellate authority shocks the conscience of this court/tribunal, it would appropriately mould the relief, either directing the disciplinary authority/appellate authority to reconsider the penalty imposed, or to shorten the litigation, it may itself, in the exceptional and rare cases, impose appropriate punishment with cogent reasons in ..... finding was accepted by the disciplinary authority who imposed the punishment of compulsory retirement by order dated 5-12-1996, at annexure-s. .....
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