Court : Karnataka Dharwad
..... acquire any land within, adjoining or surrounded, by any such area, it may acquire the land by publishing in the official gazette, a notice to the effect that it has been decided to acquire the land in pursuance of this section: provided that before publishing such notice, the government shall call upon the owner or any other person who, in the opinion of the government, may be interested in such land, to show cause why it should not ..... vide annexure-j submitted by the respondent no.5, in the interest of justice and equity; issue writ in the nature of mandamus and issue appropriate directions to the respondents no.1,3 to7to quantify and pay compensation under section20of the slum act in respect of06acres18guntas15annas in sy.no.37/3a of nekar nagar, ayodhya village (v) at the earliest, in the interest of justice and equity; alternatively, direct the respondents no.1,3 to7to pay damages and relocate all the slum dwellers from06acres18guntas15annas in sy.no.37/3a ..... learned aag would vehemently conte that, though there is no provision under the act for de-notification, de-notified the same invoking general clauses act, particularly section 21, power ot issue, to include power to add to, amend, vary or rescind notifications, orders, rules or bye-laws, and powers are exercised under the general clauses act. ..... and boyce, decided on 27.10.1987 with regard to section 48 of the act and the same is also discussed ..... chief secretary, department of finance, boards and municipal administration, vikas .....
Tag this Judgment!Court : Karnataka Dharwad
..... acquire any land within, adjoining or surrounded, by any such area, it may acquire the land by publishing in the official gazette, a notice to the effect that it has been decided to acquire the land in pursuance of this section: provided that before publishing such notice, the government shall call upon the owner or any other person who, in the opinion of the government, may be interested in such land, to show cause why it should not ..... vide annexure-j submitted by the respondent no.5, in the interest of justice and equity; issue writ in the nature of mandamus and issue appropriate directions to the respondents no.1,3 to7to quantify and pay compensation under section20of the slum act in respect of06acres18guntas15annas in sy.no.37/3a of nekar nagar, ayodhya village (v) at the earliest, in the interest of justice and equity; alternatively, direct the respondents no.1,3 to7to pay damages and relocate all the slum dwellers from06acres18guntas15annas in sy.no.37/3a ..... learned aag would vehemently conte that, though there is no provision under the act for de-notification, de-notified the same invoking general clauses act, particularly section 21, power ot issue, to include power to add to, amend, vary or rescind notifications, orders, rules or bye-laws, and powers are exercised under the general clauses act. ..... and boyce, decided on 27.10.1987 with regard to section 48 of the act and the same is also discussed ..... chief secretary, department of finance, boards and municipal administration, vikas .....
Tag this Judgment!Court : Karnataka Dharwad
..... it is also important to note that when the property was acquired, it vests with the state in terms of section 16 of the la act and once the collector has made an award under section 11, he may take possession of the land, which shall thereupon vest absolutely in the state and there cannot be ..... the counsel would also point out that the said letter has not been questioned and only khb has to act in terms of government order dated 06.12.1990 and the same cannot be the subject matter of judicial review as held by the apex court ..... the counsel would also contend that section 16 of the land acquisition act, 1894 (for short, the la act ) is very clear that when the collector has made an award under section 11, he may take possession of the land, which shall thereupon vest absolutely in the ..... the counsel also relied upon the chapter iv section 38 of the karnataka housing board act 1962 (for short, the khb act ) and brought to the notice of this court ..... to note that section 38 of the khb act is very clear that khb may retain, lease, sell, exchange or other dispose of, any land, building or other property vesting in it and situate in the area comprised in any housing scheme sanctioned under the khb act, which is ..... the board may, by notification, direct that any power exercisable by it under this act except the power to make regulations may also be exercised by the housing commissioner or such other officer of the board as may be specified in the notification subject to ..... of the finance of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... /2010 as per annexures-j, k and l for the assessment years 2002-03, 2003- 04 and 2004-05 issued by respondent no.5 after a significant lapse of time from the 24 original assessments are valid under section 6(2) of kteg act and assessment orders dated 31.3.2017 in w.p.nos.103670/2017 and 103671/2017 for the assessment year 2009-10 passed by respondent no.5 in terms of the wordings prevailing market price of such goods in local areas ..... liability of the dealer, it,- (a) may, based on any information available, re- assess, to the best of its judgment, the 36 additional tax payable and also impose any penalty under sub-section (2) of section 20-b and demand payment of any interest; and (b) shall issue a notice of re- assessment to the dealer demanding that the tax shall be paid within thirty days of the date of service ..... section 2a and the same was substituted 15 by the wordings the prevailing market price of such goods in the local area , respondent no.5 placing reliance on this amended provision has proposed to demand differential tax by adopting the sale price and the notices are issued under section 6(1) and 6(2) of the kteg act ..... and principal secretary to government finance department government of karnataka vidhana ..... and principal secretary to government finance department government of karnataka vidhana ..... and principal secretary to government finance department government of karnataka vidhana ..... principal secretary to government finance department government of karnataka2vidhana soudha .....
Tag this Judgment!Court : Karnataka Dharwad
..... /2010 as per annexures-j, k and l for the assessment years 2002-03, 2003- 04 and 2004-05 issued by respondent no.5 after a significant lapse of time from the 24 original assessments are valid under section 6(2) of kteg act and assessment orders dated 31.3.2017 in w.p.nos.103670/2017 and 103671/2017 for the assessment year 2009-10 passed by respondent no.5 in terms of the wordings prevailing market price of such goods in local areas ..... liability of the dealer, it,- (a) may, based on any information available, re- assess, to the best of its judgment, the 36 additional tax payable and also impose any penalty under sub-section (2) of section 20-b and demand payment of any interest; and (b) shall issue a notice of re- assessment to the dealer demanding that the tax shall be paid within thirty days of the date of service ..... section 2a and the same was substituted 15 by the wordings the prevailing market price of such goods in the local area , respondent no.5 placing reliance on this amended provision has proposed to demand differential tax by adopting the sale price and the notices are issued under section 6(1) and 6(2) of the kteg act ..... and principal secretary to government finance department government of karnataka vidhana ..... and principal secretary to government finance department government of karnataka vidhana ..... and principal secretary to government finance department government of karnataka vidhana ..... principal secretary to government finance department government of karnataka2vidhana soudha .....
Tag this Judgment!Court : Karnataka Dharwad
..... /2010 as per annexures-j, k and l for the assessment years 2002-03, 2003- 04 and 2004-05 issued by respondent no.5 after a significant lapse of time from the 24 original assessments are valid under section 6(2) of kteg act and assessment orders dated 31.3.2017 in w.p.nos.103670/2017 and 103671/2017 for the assessment year 2009-10 passed by respondent no.5 in terms of the wordings prevailing market price of such goods in local areas ..... liability of the dealer, it,- (a) may, based on any information available, re- assess, to the best of its judgment, the 36 additional tax payable and also impose any penalty under sub-section (2) of section 20-b and demand payment of any interest; and (b) shall issue a notice of re- assessment to the dealer demanding that the tax shall be paid within thirty days of the date of service ..... section 2a and the same was substituted 15 by the wordings the prevailing market price of such goods in the local area , respondent no.5 placing reliance on this amended provision has proposed to demand differential tax by adopting the sale price and the notices are issued under section 6(1) and 6(2) of the kteg act ..... and principal secretary to government finance department government of karnataka vidhana ..... and principal secretary to government finance department government of karnataka vidhana ..... and principal secretary to government finance department government of karnataka vidhana ..... principal secretary to government finance department government of karnataka2vidhana soudha .....
Tag this Judgment!Court : Karnataka Dharwad
..... /2010 as per annexures-j, k and l for the assessment years 2002-03, 2003- 04 and 2004-05 issued by respondent no.5 after a significant lapse of time from the 24 original assessments are valid under section 6(2) of kteg act and assessment orders dated 31.3.2017 in w.p.nos.103670/2017 and 103671/2017 for the assessment year 2009-10 passed by respondent no.5 in terms of the wordings prevailing market price of such goods in local areas ..... liability of the dealer, it,- (a) may, based on any information available, re- assess, to the best of its judgment, the 36 additional tax payable and also impose any penalty under sub-section (2) of section 20-b and demand payment of any interest; and (b) shall issue a notice of re- assessment to the dealer demanding that the tax shall be paid within thirty days of the date of service ..... section 2a and the same was substituted 15 by the wordings the prevailing market price of such goods in the local area , respondent no.5 placing reliance on this amended provision has proposed to demand differential tax by adopting the sale price and the notices are issued under section 6(1) and 6(2) of the kteg act ..... and principal secretary to government finance department government of karnataka vidhana ..... and principal secretary to government finance department government of karnataka vidhana ..... and principal secretary to government finance department government of karnataka vidhana ..... principal secretary to government finance department government of karnataka2vidhana soudha .....
Tag this Judgment!Court : Karnataka Dharwad
..... not make payment of the same causing loss to the revenue is concerned, in the light of the undisputed fact that the proceedings under section 153a of the said act of 1961 have already been initiated coupled with the fact that section 281 of the said act of 1961, contemplates that any alienation of any property belonging to the petitioners would be null and void, in addition to the specific assertion ..... sinha and olga tellis1 it was held that :" although chapter xx-c does not contain any express provision for the affected parties being given an opportunity to be heard before an order for purchase is made under section 269ud, not to read the requirement of such an opportunity would be to give too literal and strict an interpretation to the provisions of chapter xx-c and in the words of judge learned hand of the united states ..... of the dealer and on the basis of some reliable information that the dealer is likely to defeat the claim of the revenue in case any order is passed against the dealer under the vat act and/or the dealer is likely to sale his properties and/or sale and/or dispose of the properties and in case after the conclusion of the assessment/reassessment proceedings, if there is any tax liability ..... in view of the said amendment, it can be argued that the main plank of the judgment in rajesh kumar to the effect that direction under section 142(2a) entails civil consequences because the assessee has to pay ..... the principal secretary, finance department, government of ..... 1987 .....
Tag this Judgment!Court : Karnataka Dharwad
..... not make payment of the same causing loss to the revenue is concerned, in the light of the undisputed fact that the proceedings under section 153a of the said act of 1961 have already been initiated coupled with the fact that section 281 of the said act of 1961, contemplates that any alienation of any property belonging to the petitioners would be null and void, in addition to the specific assertion ..... sinha and olga tellis1 it was held that :" although chapter xx-c does not contain any express provision for the affected parties being given an opportunity to be heard before an order for purchase is made under section 269ud, not to read the requirement of such an opportunity would be to give too literal and strict an interpretation to the provisions of chapter xx-c and in the words of judge learned hand of the united states ..... of the dealer and on the basis of some reliable information that the dealer is likely to defeat the claim of the revenue in case any order is passed against the dealer under the vat act and/or the dealer is likely to sale his properties and/or sale and/or dispose of the properties and in case after the conclusion of the assessment/reassessment proceedings, if there is any tax liability ..... in view of the said amendment, it can be argued that the main plank of the judgment in rajesh kumar to the effect that direction under section 142(2a) entails civil consequences because the assessee has to pay ..... the principal secretary, finance department, government of ..... 1987 .....
Tag this Judgment!Court : Karnataka Dharwad
..... not make payment of the same causing loss to the revenue is concerned, in the light of the undisputed fact that the proceedings under section 153a of the said act of 1961 have already been initiated coupled with the fact that section 281 of the said act of 1961, contemplates that any alienation of any property belonging to the petitioners would be null and void, in addition to the specific assertion ..... sinha and olga tellis1 it was held that :" although chapter xx-c does not contain any express provision for the affected parties being given an opportunity to be heard before an order for purchase is made under section 269ud, not to read the requirement of such an opportunity would be to give too literal and strict an interpretation to the provisions of chapter xx-c and in the words of judge learned hand of the united states ..... of the dealer and on the basis of some reliable information that the dealer is likely to defeat the claim of the revenue in case any order is passed against the dealer under the vat act and/or the dealer is likely to sale his properties and/or sale and/or dispose of the properties and in case after the conclusion of the assessment/reassessment proceedings, if there is any tax liability ..... in view of the said amendment, it can be argued that the main plank of the judgment in rajesh kumar to the effect that direction under section 142(2a) entails civil consequences because the assessee has to pay ..... the principal secretary, finance department, government of ..... 1987 .....
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