Court : Karnataka
Decided on : Apr-11-1989
Reported in : AIR1990Kant97; 1989(2)KarLJ202
..... no statutory obligation on these authorities to grant lease in contravention of rules relating to mines act and other mandatory provisions contemplated under the explosives act; law relating to environment and ecology, pollution control act, forest preservation act, wild life protection act, which impose serious restrictions.referring to the facts of each case, respondents deny or do ..... given under proviso to s. 38 of the mysore land revenue code and board standing orders of the erstwhile state of madras.15. section 38 of the land revenue act' (code) reads thus :'right to metals and minerals to vest in government-- unless it is otherwise expressly provided by the terms of ..... the government and the government shall have all the powers necessary for the proper enjoyment or disposal of such rights :--provided that :(i) nothing in this section shall be deemed to apply to limestone, granite and such other ordinary minrals, as the government, by notification in the official gazette, may from time .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-27-1989
Reported in : ILR1990KAR376; 1990(3)KarLJ499
..... and registered crime no. 71/89 against sri v. ramaswamy and crime no. 72/89 against sri d. soundararajalu for offences punishable under section 5(3)(b) of the explosives act, 1884 (for short 'the act') and took up investigation of the said cases. in the meanwhile b.e.m.l. nagar police reported the seizure of the said fire ..... works and sparklers to the jurisdictional magistrate. immediately smt. shamaladevi and sukanya have filed separate applications under section 457 of the code of criminal procedure ..... each case forthwith.4. sri s.p. shankar, learned counsel for the petitioner urged the following points:-i) that section 5(3)(b) of the explosives act, 1984 is no longer on the statute as it is repealed by act 32 of 1978; ii) that the petitioners are owners of the goods seized from the house/shop called kamadhenu .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-01-1989
Reported in : (1990)82CTR(Kar)260; [1991]187ITR436(KAR); [1991]187ITR436(Karn); 1990(3)KarLJ42
..... above. the bombay high court, while analyzing the provisions, took the view that, with reference to the definition of chargeable profits in section 2(5) of the act and section 2(8) of the act which refers to statutory deductions and stated that when a part of the amount standing to the credit of a general reserve is, during ..... been taken by the calcutta high court in alkali and chemical corporation of india ltd., v. cit : [1980]122itr490(cal) and followed by the same high court in indian explosives ltd., v. cit : [1985]153itr340(cal) . there, their lordships, after noticing the controversy, stated that the problem involved in the interpretation of rule 3 is only arithmetical ..... the number of days of the previous year during which the increase or the reduction remained effective bears to the total number of days in that previous year.' 5. this section has been very clearly analysed by the bombay high court in cit v. centruy spinning and ., : [1978]111itr6(bom) . it is to the following effect. .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-13-1989
Reported in : ILR1989KAR2277; 1989(2)KarLJ161
..... a human problem of the multitudes and also the problem of rural india peculiar to hindu society. thought explosion precedes social revolution and the thinking is one of preferential treatment to the less fortunate and weaker sections who are the victims of neglect through centuries.the incursion of institutionalised lethargy is detrimental to national interest as ..... consideration from each of respondents-4 to 6 who are the original grantees. the assistant commissioner issued notice to the petitioner under the provisions of section 5 of the act and, after an enquiry, held that the transfer of land is null and void and ordered taking over of possession of the lands by evicting ..... by any interested person or on information furnished in writing by any person or even suo moto after due enquiry by the competent authority under the act.the act may be described as the product of a restructure of property rights in a developing society against the setting of the egalitarian order envisaged by the .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-13-1989
Reported in : ILR1989KAR2112; 1989(2)KarLJ148
..... mortgage. if it really intended to confer such jurisdiction also, the legislature would not have failed to make a specific provision in the 1976 act similar to section 13 of the 1980 act.17. in goudappagouda thimmappa gouda patil v. the sub divisional magistrate, bailhongal and anr., a division bench of this court has held thus:' ..... may be necessary. the order of the sub-divisional magistrate or the taluka executive magistrate as the case may be is made final under sub-section (6) of section 5 of the act. no legal practitioner is allowed to appear before them. pending determination, they are also empowered to direct the creditor not to sell or ..... a proceeding before the sub-divisional magistrate or a taluka executive magistrate. therefore, having regard to the provisions contained in clause (f) of section 4 and section 5 of the 1976 act, the sub-divisional magistrate or the taluka executive magistrate can exercise the jurisdiction only in respect of cases wherein there is no dispute as to .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-03-1989
Reported in : ILR1989KAR2016; 1989(2)KarLJ610
..... vested with the special deputy commissioner for abolition of inams and he was the authority to adjudicate upon and decide about the quantum of compensation, vide section 20 of the act. section 31(3) makes the order of the special deputy commissioner final and cannot be considered in these proceedings. therefore the contention of the learned counsel ..... occupancy rights of such tenanted lands is conferred on the tenants and the liability of the tenants to pay rent to the inamdars ceased.5. whereas under section 9a of the act, the ordinary tenants of the inamdars, who do not come under the category of either kadim tenants or permanent tenants, are continued as actual cultivators ..... the claim if compensation on this basis has not been awarded in respect of lands in regard to which persons were continued as tenants under section 9-a of the act, before the competent authority and it is for the competent authority to consider the validity thereof and adjudicate upon it in accordance with law.5 .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-23-1989
Reported in : AIR1990Kant214; 1989(3)KarLJ434
..... interest therein, whether situated within or without the bangalore metropolitan areas for the purchase of such land or interest therein for the purpose of this act.'section 36 of the act, which provides for acquisition of land otherwise than by agreement, reads :'provisions applicable to the acquisition of land otherwise than by agreement,--(1) ..... thebangalore metropolitan area proposed for acquisition and have a copy of that notification published in the official gazette, as provided for under sub-section (3) of section 17 of the act. as the impugned notifications (annexures e and f) published in the karnataka gazette are made, specifying the lands of the adjacent area ..... the land is needed for public purpose and the authority shall, upon the publication of the said declaration, proceed to execute the same.'section 25 of the act, under its sub-section(1), refers to the power of the authority to take works for further development of the bangalore metropolitan area, thus :'(1) notwithstanding .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-28-1989
Reported in : [1990]79STC372(Kar)
..... consideration was whether a steel tank with is supporting structure for storage of water was 'machinery' within the meaning of the third proviso to section 101 of the bengal municipal act, 1884. the judicial committee of the privy council observed that it was not an easy task to define the meaning of the word 'machinery' ..... closers should be treated as hardware. according to the respondent the term 'door closers' was deal with and considered by a committee known as builders hardware section committee constituted under the aegis of indian standards institution, new delhi, and produced the brochure entitled 'indian standard specification for door closers (hydraulically regulated)' which ..... irresistible conclusion that door closers of the type sold by the respondent are machinery for the purpose of entry 20 of the second schedule to the act and the decision to the contrary rendered by the tribunal will have to be set aside restoring the orders of the assessing and appellate authorities. ordered .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-08-1989
Reported in : ILR1989KAR39
..... calculated by multiplying the number of dwelling units in the group housing and the appropriate ceiling limit prescribed by sub-section (1) to section 4 of the act whichever is less. sub-section (10) of section 4 of the act further provides that where a person owns a part of a building, being a group housing, the proportionate share ..... bank and other institutions and organisations as specified therein. neither respondents 4 and 5 nor the land in question falls within the ambit of section 19 of the act. section 20 of the act empowers the state government to grant exemption to any person to hold vacant land in excess of ceiling limit from the purview of chapter ..... taken into account in calculating the extent of the vacant land held by such person. for the purpose of sub-sections (3) and (10) of section 4 of the act, explanation to sub-section (3) of section 4 of the act defines group housing. according to this explanation, 'group housing' means a building constructed or to be constructed with .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-20-1989
Reported in : ILR1990KAR1089; 1990(1)KarLJ93
..... grantee by executing a mortgage deed in favour of the 5th respondent-bank is a 'transfer' to which none of provisions of the sc/st act, is applicable by virtue of section 7 of the sc/st act. if the transfer of the granted land in favour of the 5th respondent-bank is one such transfer as per the definition of 'transfer' ..... it is argued by sri papi reddy, learned counsel for the petitioner that the auction sale held by the 4th respondent is not a transfer prohibited under section 4 of the sc/st act and that therefore, there was no legal impediment for the sub-registrar to register the sale certificate and the opinion given by the district registrar is not ..... 5. the sub-registrar referred the matter to the district registrar for his opinion whether the said sale certificate could be registered having regard to the provisions of section 4 of the sc/st act?6. the district registrar (r-2) opined as per annexure-e that the sale in favour of the petitioner in the public auction held by the .....
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