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Sri. Venkatanarayanappa S/O Govindappa Vs. Sri. Siddappa S/O Venkatapp ...

Court : Karnataka

Reported in : 2007(2)KarLJ37

..... karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act 1978, for short hereinafter referred to as the act, permission of the government is required before sale deed could be executed. ..... section 4 prohibits transfer of granted lands which reads as under:prohibition of transfer of granted lands -(1) notwithstanding anything in any law, agreement, contract or instrument, any transfer of granted land made either before or after the commencement of this act, in contravention of the terms of the grant of such land or the law providing for such grant, or sub-section (2) shall be null and void and no right, title or interest in such land shall be conveyed or be ..... it was contended by the learned counsel as admittedly possession was not delivered under the agreement of sale, it would not constitute a 'transfer' as defined under the act and only when an agreement of sale coupled with delivery of possession, the agreement of sale entered into between the parties falls within the definition of transfer. ..... to be achieved and the simple words used in these provisions it is clear though there is no complete prohibition for alienation of the granted lands even after coming into force of this act, a case is to be made out before the government for granting such permission, in the scheme of the act, it is clear whether to sell the property by way of a sale or to enter into an agreement to purchase a granted land previous permission of the government is a must. .....

Smt. Narasamma and ors. Vs. K.V. Ramprasad and ors.

Court : Karnataka

..... time of offer made for sale and negotiations, the defendants have agreed to obtain previous permission of thegovernment under the provisions of karnataka schedule caste and schedule tribes (prohibition of transfer of certain lands) act, 1978, which is necessary to conclude the contract.in paragraph 14, the plaintiff has contended that the defendants are evading to perform their contractual obligation under the agreement dated 9.7.2009.30. ..... respondent for enforcement of the agreements for sale of granted lands without previous permission of the government under section 4(2) of the karnataka scheduled caste and scheduled tribes (prohibition of transfer of certain lands) act, 1978 are liable to be rejected under order 7 rule 11(d) of the code of civil procedure?2. ..... (1) notwithstanding anything contained in any law, agreement, contract or instrument, any transfer of granted land made either before or after the commencement of this act, in contravention of the terms of the grant of such land or the law providing for such grant, or sub-section (2) shall be null and void and no right, title or interest in such land shall be conveyed or be ..... the plaints would disclose that the suit schedule properties are granted lands and attract the provisions of the karnataka scheduled caste and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (for short the act). ..... held as under:it is true, the word transfer as defined in section 3(1)(e) of the 1978 act is an inclusive definition. .....

Sri Neelakantappa and anr. Vs. Deputy Commissioner and ors.

Court : Karnataka

Reported in : ILR2004KAR2357; 2004(5)KarLJ407

..... after coining into force of the provision of the karnataka schedule castes and schedule tribes (prohibition of certain lands) act, 1978, the original grantee applied to the assistant commissioner under the provision of section 5 of the act praying for invalidating the sale transaction and for restoration of the land to him. ..... had occasion to look into the provisions of the very rule 43-g(4) of the mysore land revenue act, 1988 and the karnataka schedule caste and schedule tribes (prohibition of transfer of certain land) act, 1978. ..... submission of the learned counsel for the petitioners is that, the authorities under the act could not have entertained the application since the land in question had been granted on collection of the upset price and having regard to the relevant rules that govern such grants at ..... as i do not find any enabling provisions either under the act or any binding precedents to issue such a direction, i am not inclined in favour of granting the request of the learned counsel for the petitioners.hence, the request on behalf of the ..... inevitable that a transfer of a granted land in violation of the terms of the grant has to be invalidated by the authorities functioning under the act and when the facts and circumstances clearly lead to a situation where it is found that the first transfer subsequent to the grant is bad, no useful purpose will be served in remanding the matter to the authorities under the act, for procedural irregularities or technical violations. .....

V.G. Sreeram and Etc. Vs. Smt. Indumati B. Chandachal and ors.

Court : Karnataka

Reported in : 2007CriLJ3809; 2007(6)KarLJ63; 2007(5)AIRKarR209

..... of the fact that rbi had refused to register the first accused-company and had even directed the company to take necessary steps to refund the money to the investors, the very act of the first accused-company and the other directors of the company in continuing to accept the deposits even after the rbi's refusal itself is sufficient proof of the fact that the ..... the said decision in my considered view is not applicable to the case on hand, because as stated in the petition itself, the director aravind rao resigned from the company and the act of resignation took place much before the deposits matured and therefore on the date of request made by the respective complainant for refund of their amount, the said director aravind rao ceased ..... 59 com cas 356 which decision is to the effect that when the petitioner being a director of the company, but had not taken part in any act of borrowing or in resolution for borrowing in excess of limits, and when there was no act on the part of the said director wilfully having been authorised or permitted someone to borrow monies in excess of the limits, the said director could not be said ..... merely being director of the company, that itself is not sufficient to make that person liable under section 141 of the negotiable instruments act and the director of the company cannot be deemed to be incharge of and responsible to the company for conduct of its business. ..... the decision of the apex court reported in air 1978 sc 1568, air 1986 sc 833, air 2005 .....

K. Mallikarjun Vs. The Revenue Inspector and Another

Court : Karnataka Dharwad

..... as against this, the learned government pleader submitted that though the land is granted under karnataka land reforms act, if the land is granted in favour of a person belonging to the schedule caste or schedule tribe then the provision of the karnataka schedule castes/schedule tribes (prohibition of transfer certain lands) act, 1978 are applicable and therefore, the prior permission of the government was required for alienation. ..... the petitioner contends that the land was granted under karnataka land reforms act and therefore, the provisions of the karnataka schedule castes/schedule tribes (prohibition of transfer certain lands) act, 1978 are not applicable. ..... the petitioner was told that the land was granted under the karnataka land reforms act on 19.10.1982 and it is not a granted land under the provisions of the karnataka schedule castes/schedule tribes (prohibition of transfer certain lands) act, 1978. ..... the first respondent has rejected the request on the ground that the land comes under the provisions of the karnataka schedule castes/schedule tribes (prohibition of transfer certain lands) act, 1978. ..... he also submitted that the land purchased by the petitioner is not covered under the karnataka schedule castes/schedule tribes (prohibition of transfer certain lands) act, 1978. ..... the first respondent has rejected the request stating that the land comes under the provisions of the karnataka schedule castes/schedule tribes (prohibition of transfer certain lands) act, 1978. .....

Smt. Mallamma W/O Shantappa Nandi Vs. The Deputy Commissioner and Ors

Court : Karnataka Kalaburagi

..... the land in respect of which occupancy rights have been conferred in favour of a tenant under the provisions of the karnataka land reforms act, 1974, can be construed as granted land as defined under section 3(b) of the karnataka scheduled castes and scheduled tribes (prohibitiion of transfer of certain lands) act, wherever the 6 tenant belongs to scheduled caste or scheduled tribe and this is amenable to the jurisdiction and operation of the ptcl ..... before the 2nd respondent under section 4 of the karnataka schedule caste/schedule tribe (prohibition of transfer of certain lands), act, 1978, seeking to declare the sale deed as void. ..... others supra, the question referred to the division bench was to whether the karnataka schedule caste/schedule tribe (prohibition of transfer of certain lands), act, 1978 is inapplicable to the granted land i.e. ..... court in the case of thirtharama and others v/s state of karnataka and others reported in ilr2011karnataka 1231, submitted that any subsequent transfer of land granted under the karnataka land reforms act would also to be null and void, if the occupancy rights are 5 belonging to the scheduled caste or scheduled tribe. ..... the karnataka land reforms act, 1961, as such, the same would not fall within the ambit of granted land defined under section 3(1)(b) of the karnataka schedule caste/schedule tribe (prohibition of transfer of certain lands), act, 1978. ..... karnataka schedule caste/schedule tribe (prohibition of transfer of certain lands), act, 1978.5. .....

S. Nachimuthu Gounder and Others Vs. H.B. Nagaraju and Others

Court : Karnataka

Reported in : ILR1999KAR250; 1999(6)KarLJ1

..... before this court in a similar case, a question arose whether when a person identified as a scheduled caste after the commencement of the sc/st act, 1978 can be said to be not a scheduled caste at the time of grant merely on the ground that on the date of the grant he was not a person belonging to scheduled caste and whether he will cease to ..... admittedly the korama caste to which respondents 1 and 2 belong are notified as scheduled caste before the sc/st act of 1978 came into force, the grant made earlier to them should be deemed to have been made to a scheduled ..... to be considered is to which caste the 1st and 2nd respondents belong in the list published regarding scheduled caste in the order of the president of india in 1950 and later list published vide act 108 of 1976 which came into force on 27-7-1997 in which korama caste is shown as one under the scheduled caste and whether the 1st and 2nd respondents belong to scheduled caste or not at ..... after the commencement of the karnataka sc/st (prohibition of transfer of certain lands) act, 1978, respondent 2 and his son respondent 1 filed an application for restoration of the land by ..... list of scheduled castes before the date of commencement of the karnataka sc/st (prohibition of transfer of certain lands) act, 1978. ..... concept of the scheduled castes and the scheduled tribes came into existence only under the constitution and that hence the act could not have intended to invalidate alienations of lands that took place prior to 26-1-1950. .....

Chikka Kullegowda Vs. State

Court : Karnataka

Reported in : ILR1991KAR4557; 1991(3)KarLJ142

..... they have challenged in these petitions the legality and correctness of the orders made under the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (the act for short) by the assistant commissioner and the deputy commissioner-respondents, respondents 2 and 3 in all the petitions respectively.2. ..... , as he then was, while considering the similar question held that notwithstanding the order of the land tribunal in favour of the tenants, in view of the overriding effect of the provisions of sections 4 and 11 of the act of 1978, the assistant commissioner was right in declaring the sale void and restoring possession to the grantees. ..... the submission is that since no rules were made under the said act regulating the rights and liabilities of the persons to whom lands were granted under the said act, they are entitled to seek relief under the act of 1978 and that, as long as their rights and interests are not taken away in accordance with law, they cannot be said to be persons who have lost their rights merely because of the interpretation of rule 43j in the ..... held, sections 4 and 11 give overriding effect to the prohibition of transfer of certain lands act, 1978 and the order of the land tribunal notwithstanding, the assistant commissioner was right in declaring the sate void and restoring possession to respondent- 3.' 25. .....

Suresh and Another Vs. The State of Karnataka, Rept By Its Secretary a ...

Court : Karnataka

..... lrs of ramanna, sold the property to respondent no.8; as these sale transactions were carried out without prior permission of the government and in violation of section 4(2) of karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (hereinafter referred to as 'the act'), the transactions were void. 3. .....

Smt Nanjamma Vs. State Of Karnataka

Court : Karnataka

..... different petitions, but on a solitary score that the sale has taken place in contravention of the provisions of the karnataka scheduled caste and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (hereinafter referred to as the said act for short).2. for the sake of convenience, the facts in writ petition no.21977/2013 is narrated as the facts of 24 the cases in all other are similar except the names ..... of any granted land must be made directly to a co- operative society in view of the provisions of the karnataka schedule caste and tribe (prohibition of transfer of certain lands) act, 1978 and that the sale consideration for transaction of transfer has already been received on 30.5.1994 itself ..... of this court disposing the writ petition as having become infructuous cannot be read in isolation, it has to be considered in terms of events antecedent 53 to the order which is the act of the original grantee again selling the land during the pendency of writ petition no.15519/2007 to the petitioners in writ petition no.15519/2007 led to filing of the memo ..... 2008 and a further noting with regard to the purchase that was made earlier by a co-operative society, which has exemption from application of the 30 said act in terms of section 3 of the said act, the registering authority has committed no error in registering the document brought before it for registration and would also take this court through the ..... scheduled tribes under the provisions of the said act on 31.05.1978 .....