Court : Karnataka
..... declare the karnataka town and country planning and certain other laws (amendment) act, 2013; the karnataka town and country planning and certain other laws (amendment) act, 2009; the karnataka town and country planning act and certain other laws (amendment) act, 2004; the karnataka town and country planning (regularisation of unauthorised development or constructions) rules 2014; section 321-a of the karnataka municipal corporation act, 1976 and section 187-a of the karnataka municipalities act, 1964, as unconstitutional, illegal and ultravires articles 14 and 21 of the constitution ..... or of proposed inner ring road, national high ways, bypass road, outer ring road or mass rapid transit system (rail) projects; (ii) on the land belonging to the state government or the central government or appurtenant to any building belonging to the state government or the central government; (iii) on the land belonging to an other person over which the former has no title; (iv) on the land belonging to any board or corporation owned or controlled by the ..... /deviation of the sanctioned plan, the commissioner may, if he considers that the violations/deviations are within 5% of (1) the setback to be provided around the building, (2) plot coverage, (3) floor area ratio, and (4) height of the building and that the demolition under chapter xv of the act is not feasible without affecting structural stability, be may regularize such violations/deviations after recording detailed reasons for the same. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2006KAR318; 2006(1)KarLJ1
..... the material placed before him, arguments of the parties and after looking into the files of bda and government, has held that in view of the amendment to the constitution of india by the constitution (seventy-fourth amendment) act, 1992, part ix-a and in particular and definition of metropolitan area defined in article 243-p(c), article 243-r relating to composition of municipalities and corresponding amendment carried out to the karnataka municipal corporations act by inserting section 503-b which provides for ..... self-governments constituted by elected representatives in an election held at regular intervals and are conferred with the power to impose and collect taxes and licence fees, to borrow money, to decide disputes in the first instant in respect thereof, constitute the amounts so collected as the fund of the authority, from and out of which the liabilities of the municipality are met and the salaries of its employees paid, imposed on its duties, ..... . part xi, chapter i of the constitution deals with distribution of legislative powers between the parliament and legislature of states.article 245 provides for the extent of such powers and article 246 confers power to make laws in respect of any of the matters ..... . the bda act constitute a special and self-contained code of its own and the bda act and central act cannot be said to be ..... the declaration under section 19(1) of the bda act on 23-2-2004 which was also published in the karnataka ..... aluminium corporation .....
Tag this Judgment!Court : Karnataka
..... declare the karnataka town and country planning and certain other laws (amendment) act, 2013; the karnataka town and country planning and certain other laws (amendment) act, 2009; the karnataka town and country planning act and certain other laws (amendment) act, 2004; the karnataka town and country planning (regularisation of unauthorised development or constructions) rules 2014; section 321-a of the karnataka municipal corporation act, 1976 and section 187-a of the karnataka municipalities act, 1964, as unconstitutional, illegal and ultravires articles 14 and 21 of the constitution ..... or of proposed inner ring road, national high ways, bypass road, outer ring road or mass rapid transit system (rail) projects; (ii) on the land belonging to the state government or the central government or appurtenant to any building belonging to the state government or the central government; (iii) on the land belonging to an other person over which the former has no title; (iv) on the land belonging to any board or corporation owned or controlled by the ..... /deviation of the sanctioned plan, the commissioner may, if he considers that the violations/deviations are within 5% of (1) the setback to be provided around the building, (2) plot coverage, (3) floor area ratio, and (4) height of the building and that the demolition under chapter xv of the act is not feasible without affecting structural stability, be may regularize such violations/deviations after recording detailed reasons for the same. .....
Tag this Judgment!Court : Karnataka
..... the karnataka town and country planning and certain other laws (amendment) act, 2013; the karnataka town and country planning and certain other laws (amendment) act, 2009; the karnataka town and country planning act and certain other laws (amendment) act, 2004; the karnataka town and country planning (regularisation of unauthorised development or constructions) rules 2014; section 11 321-a of the karnataka municipal corporation act, 1976 and section 187-a of the karnataka municipalities act, 1964, as unconstitutional, illegal and ultravires articles 14 and 21 of the constitution ..... the (i) alignments of any road or of proposed inner ring road, national high ways, bypass road, outer ring road or mass rapid transit system (rail) projects; (ii) on the land belonging to the state government central government or appurtenant to any the state building belonging government central government; (iii) on the land belonging to an other person over which the former has no title; (iv) on the land belonging to any board or corporation owned or controlled by the ..... of the sanctioned plan, the commissioner may, if he considers that the violations/deviations are within 5% of (1) the setback to be provided around the building, (2) plot coverage, (3) floor area ratio, and (4) height of the building and that the demolition under chapter xv of the act is not feasible without affecting structural stability, be may regularize such violations/deviations after recording detailed reasons for the same. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR1365; 1985(2)KarLJ397; [1985]60STC142(Kar)
..... under section 6 of the act cannot be levied, such a construction alone would subserve the purposes of article 286 of the constitution and section 5 of the cst act before or after its amendment by the central sales tax (amendment) act, 1976 ('cst amendment act'). 85. ..... and justice', 1977 edition, on the topic 'freedom of contract' pages 251 to 254 of chapter 5 'individual interests or conditions of individual life in society' and again on topic 'positive action for the adjustment of conflicts with economic security, efficiency and progress' pages 467-469, (2) human law and human justice of the same author on the topic 'traditional legal restraints on abstract liberty in order to secure liberty of contract' pages 96 and 97 of chapter 3 'metaphysical individualism'; and ..... and that 'all the commodity', so delivered shall be deemed to have been delivered to the board for sale by the board, 'who shall account to the growers thereof for the proceeds thereof after making all lawful deductions therefrom for expenses and outgoings and deductions of all kinds in consequence of such delivery and sale or otherwise under these acts ..... and 12 of the coffee act regulate the levy and payment of customs and excise duties on the coffee produced and exported from the country and ..... chittar mal : [1971]1scr671 that even if in respect of the place of delivery and the place of payment of price, there could be a consensual arrangement, the transaction will not amount to a sale (at page 348 of stc, 2004 of air). .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR608; 2004(7)KarLJ677
..... (8):- by the constitution 73rd and 74th amendment act, 1992 which inserted parts-ix and ixa in the constitution steps were taken to organize village panchayat and endeavored them with such powers and authority as may be necessary to enable them to function as units of central government. ..... article 243n of the constitution provides that notwithstanding anything in part-ix any provision of any law relating to the panchayats in force in a state immediately before the commencement of the constitution (73rd amendment) act 1992 which is inconsistent with the provisions of this part shall continue to be in force until amended or repealed by competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier.31. ..... in fact when the authority was called upon state in writing under what circumstances the said extent is given up and the particulars thereof they have filed a statement giving the following particulars.1. ..... therefore, the commissioner is wrong in assuming that he or the authority can make temporary or daily wages appointments under the guise of undertaking development schemes'.chapter iii of the act deals with development schemes. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2005Kant205
..... the kcca was enacted by the state legislature to achieve the directive principles of state policy as enshrined in article 39(b) and (c) of the constitution which is fundamental in character as held by the apex court in catena of cases which will be referred to in the reasoning portion of the order while dealing with the relevant point on this aspect and the same is defeated by the impugned action of the amended act. ..... have been registered under any enactment for the time being in force;(vi) ex-servicemen.the above provision confers power upon the rta to grant contract carriage permits subject to sub-section (3)(a) thereof which directs the central government to direct the sta and rta to limit the number of contract carriages to be fixed ..... counsel submitted that the scheme of nationalization in chapter iv-a of the motor vehicles act was given up the whole undertaking of the various operators was not acquired but what was acquired was certain assets, most of which ..... 8512-13/2004 seeking to strike down the provision of section 3 of the act of 9/2003 wherein it has repealed the provisions of kcca act, by urging various legal grounds placing reliance upon the various decisions of the constitutional bench and other cases of the apex court to show that the repeal act is unconstitutional and, therefore, the same ..... expanded concept of the locus standi and also in view of the finding of the division bench of the high court that the order of the excise commissioner was passed in violation of law .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR1605
..... policy as enshrined in article 39(b) and (c) of the constitution which is fundamental in character as held by the apex court in catena of cases which will be referred to in the reasoning portion of the order while dealing with the relevant point on this aspect and the same is defeated by the impugned action of the amended act.ii) statement of objections are filed to these writ petitions on behalf of respondents 1,2 and 4 denying the averments of the petitions and supporting the grant of ..... rta to grant contract carriage permits subject to sub-section (3)(a) thereof which directs the central government to direct the sta and rta to limit the number of contract carriages to be fixed and specified in notification. ..... counsel submitted that the scheme of nationalization in chapter iv-a of the motor vehicles act was given up the whole undertaking of the various operators was not acquired but what was acquired was certain assets, most of which were available in the market.acquisition of chattels ..... 8512-13/2004 seeking to strike down the provision of section 3 of the act of 9/2003 wherein it has repealed the provisions of kcca act, by urging various legal grounds placing reliance upon the various decisions of the constitutional bench and other cases of the apex court to show that the repeal act is unconstitutional and therefore ..... concept of the locus standi and also in view of the finding of the division bench of the high court that the order of the excise commissioner was passed in violation .....
Tag this Judgment!Court : Karnataka
Reported in : 2007(1)KarLJ1
..... court will always have to keep in mind the real purpose underlying the incorporation of these provisions in the fundamental rights chapter.when a challenge is raised before a court against the validity of any statute as contravening the fundamental rights guaranteed under articles 25 and 26 it is from the above perspective that the court will approach the question and the tests to be applied for adjudging the validity of the statute will be the same irrespective of whether the person ..... padubidri raghavendra rao, learned senior counsel says that sections 9 to 16 occurring in chapter in of the act and the corresponding rules 5 to 16 in relation to the archaks and temple servants ignoring the rights of hereditary archaks and hereditary office-holders and dislodging the same and ignoring the hereditary rights would be in violation of the provisions of the constitution. ..... secularism has been inserted in the preamble by reason of the constitution 42nd amendment act, 1976. ..... no doubt, the freedom guaranteed by these two articles applies not merely to religious minorities but to all persons (article 29) and all religious denominations or sections thereof (article 26). ..... of course, this judgment has been subsequently notice in 2004(4) scc 661 and the supreme court has chosen to refer to a larger bench. ..... hinduism is then both a civilisation and a conglomerate of religions with neither a beginning, a founder, nor a central authority, hierarchy, or organisation. .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(5)KarLJ9
..... act;(p) perform any other function considered necessary or desirable by the central government for ensuring the safe and efficient operation of aircraft to, from and across the air space of india;(q) establish training institutes and workshops;(r) any other activity at the airports and ..... land lease dated 30th april 2005 provided land to the bial for construction of the airport on lease basis for a period of 30 years and it continues to be the lessee to the land, no ownership rights are transferred to it, therefore, on the basis of the aforesaid ..... amendment to u.s constitution, which is equivalent to article ..... chapter v(a) of the a.a.i.a act is applicable to the premises in question to follow the procedure for eviction of unauthorized occupants of the airport availing the provisions are on the lines of public premises (eviction of unauthorized occupants) act, 1971 is made applicable to the premises of the third airport which is being managed by bial is one of the strong and ..... 2004 seeking for issuance of declaratory relief to declare that clause 3.2 of the invitation for expression of interest (hereinafter in short referred to as 'e.o.i') issued by the third respondent which is bangalore international airport limited (hereinafter in short referred to as bial'), in which it has sought to restrict issuance of tender documents and consideration of bids only from five persons is arbitrary and discriminatory, that the evaluation of the e.o.i by respondents 3 & 4 with respect to retail and .....
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