Court : Karnataka Dharwad
Reported in : 2011ILR(Kar)2004; 2011(4)KCCR2844
..... though the slum clearance board has issued notices under section 3(1) of the slum area (improvement and clearance) act, 1956 dated 19.12.2001, no further action has been initiated in furtherance of the said notice. ..... in pursuance to the said order, the commissioner has passed an order as per annexure r-6 under section 288-d of the act for demolition of the sheds/huts in question on the basis of which the corporation has issued the impugned notices to the petitioners to demolish their huts/sheds without granting them any opportunity to show cause as to why ..... it is also clear that the slum clearance board has issued a notification under section 3(1) of the act dated 19/12/2001 declaring the area in question as a slum area. ..... thereafter, an order was passed by the commissioner of corporation dated 27/01/2011 under section 288-d of the act for demolition of the unauthorized sheds/huts put up on the lands. ..... that is why the commissioner of corporation has passed an order under section 288-d of the act dated 27/01/2011 for demolition of the sheds/huts. ..... the notice issued under section 3(1) of the slum area (improvement and clearance) act 1956 is without notice to the corporation ..... it is as under: section 288-d: commissioner may without notice remove encroachment notwithstanding anything contained in this act, the commissioner, may, without notice, cause to be removed ..... the area in question has been declared as a slum area under section 3 of the slum area (improvement and clearance) act, 1956. .....
Tag this Judgment!Court : Karnataka Dharwad
Reported in : 2012(3)KCCR1986
..... under section 21 of the specific relief act and the judgment of the apex court in the case of jagdish singh versus natthu singh- (1992) 1 scc 647referred to herein above, he contends that proviso to sub-section (5) of section 21 made it very clear that in a case where the plaintiff has not claimed any compensation while presenting the plaint seeking specific performance of the contract, the court shall, at any stage of the proceedings allow the plaintiff to amend the ..... invites the attention of the court to section 5 of the limitation act to contend that in the absence of any explanation for the delay, the amendment could not have been allowed. ..... 16 of the said judgment, referring to the proviso to sub-section (5) of section 21, the apex court has held that if the amendment sought by the plaintiff relates to the relief of compensation in lieu of or in addition to specific performance, the court will allow the amendment at any stage of the proceedings. 15. ..... trial court on consideration of the nature of the amendment and the stage at which, it was sought and by referring to the provisions contained under section 21 of the specific relief act, 1963, has allowed the application permitting the amendment sought. ..... as is clear from the proviso to sub-clause (5) of section 21, where the plaintiff has not claimed any such compensation, in lieu of or in addition to specific performance, the court shall allow the plaintiff to amend the plaint on such terms as may be just for including a claim .....
Tag this Judgment!Court : Karnataka Dharwad
..... final: provided further that any person in the service of the university affected by the decision of the authority or body based on the report of the vice-chancellor under this sub-section may prefer an appeal to the chancellor within thirty days from the date on which the decision was communicated to him and the decision of the chancellor on such appeal shall be final ..... respondent-chancellor, however did not accept the said name suggested by the state government and instead exercised power under sub-section (4) of section 14 of the act and appointed the third respondent as the vice-chancellor of the university and accordingly, notification dated 18.10.2010 (annexure-e) was ..... chancellor is the highest officer of the university who has been vested with the power to appoint the vice chancellor and having regard to sub sections (6), (7), (8), (9) and (10) of section (4) of section 14, it becomes clear that the chancellor is the appointing authority of the vice chancellor and that the vice chancellor functions subject to the ..... university authorised in writing by him, convene the meetings of the academic council, the syndicate and the finance committee and shall perform all such acts as may be necessary to carry out and give effect to the decisions of the authorities. ..... . (b) in executive enginer, dhenkanal minor irrigation division, orissa and others (2001) 2 scc 721) the apex court has held that that any restricted and literal construction which is bound to create numerous anomalies .....
Tag this Judgment!Court : Karnataka Dharwad
..... the finance (no.2)act, 2004 inserted section 194la w.e.f ..... in the circular at annexure `b dated 4.9.2010, the state government has clarified that tax has to be deducted at source in respect of the interest awarded under sections 28 and 34 of the act on the compensation for acquiring the agriculture lands though deduction of tax at source shall not be made in respect of compensation paid for acquisition of agricultural land. 14 ..... short question for consideration in these writ petitions is whether the land acquisition officer, koppal, the second respondent herein is justified in deducting 10% of the interest awarded under sections 28 and 34 of the land acquisition act, 1894 (for short `the act) towards deduction of tax at source though the lands acquired were agricultural lands. 2. ..... however, the land acquisition officer has proceeded to deduct 10% of the interest awarded under sections 28 and 34 of the act towards deduction of tax at source on the basis of the circular issued by the state government at annexure `b dated 4.9.2010. ..... learned counsel for the petitioners submits that having regard to section 194la of the income tax act, 1961, the second respondent is not justified in deducting the tax at source from the interest accrued on delayed payment of ..... the other hand, learned aga appearing for respondent nos.1 and 2 submits that the second respondent has deducted 10% of the interest awarded under sections 28 and 34 of the act as per the circular at annexure `b dated 4.9.2010. 6. .....
Tag this Judgment!Court : Karnataka Dharwad
..... section (1) has not been disputed in any appeal or revision or no reference has been made before any other authority, court or the high court, the assessing officer may refer the valuation of the capital asset to a valuation officer and where any such reference is made, the provisions of sub-section (2), (3), (4), (5) and (6) of section 16a, clause (1) of sub-section (1) and sub-sections (6) and (7) of section 23a, sub-section (5) of section 24, section 34aa, section 35 and section 37 of the wealth-tax act ..... become unworkable, if the construction placed thereon, would require the consideration as per section 54c of the act to be taken to work out the amount of exemption of the capital gains in other words whether it is correct to hold that the operation of legal fiction under section 50c of the act has to be restricted only for the purpose of section 48 of the act as wrongly interpreted by the income tax tribunal and not to be applied for ..... is assessed on notional basis, whatever amount invested in new residential house within the prescribed period, under section 54f of it act the entire amount invested, should get the benefit of deduction irrespective of the fact that the funds from ..... income tax tribunal is correct in law in holding that the legal fiction created by virtue of section 50c in determining the capital gain cannot be extended to section 54f of the act and that section 54f of the act has to be applied only for the definite and limited purpose for which it is created? .....
Tag this Judgment!Court : Karnataka Dharwad
..... it is also brought to the notice of the court that the ministry of finance (union of india) has also issued a circular to all the insurance companies, to constitute area-wise committee consisting of one retired judge, one doctor and an official of insurance company to take up the cases for expeditious disposal ..... in this context the amended provision of order 8 rule 1 mandates that the written statement/objection statement should be filed within one month from the date of appearance and the time for filing objection statement can be extended by not more ..... section 158 of the motor vehicles act, 1988, obligates the investigation officer to submit the report to the jurisdictional motor vehicle accident claims tribunal, about the particulars of the accident, vehicle ownership particulars and the driving licence particulars of the driver of ..... rules makes it specific mention that in so far as the act and these rules make no provision or make inefficient provision. ..... vi) the investigation officers of the police station, who register and investigate the crime with regard to motor vehicle accidents should sincerely and faithfully comply with section 158 (6) of the m.v. ..... act and communicate the needed information to tribunals and furnish the same to the insurers at their request. .....
Tag this Judgment!Court : Karnataka Dharwad
..... it is also brought to the notice of the court that the ministry of finance (union of india) has also issued a circular to all the insurance companies, to constitute area-wise committee consisting of one retired judge, one doctor and an official of insurance company to take up the cases for expeditious disposal ..... in this context the amended provision of order 8 rule 1 mandates that the written statement/objection statement should be filed within one month from the date of appearance and the time for filing objection statement can be extended by not more ..... section 158 of the motor vehicles act, 1988, obligates the investigation officer to submit the report to the jurisdictional motor vehicle accident claims tribunal, about the particulars of the accident, vehicle ownership particulars and the driving licence particulars of the driver of ..... rules makes it specific mention that in so far as the act and these rules make no provision or make inefficient provision. ..... vi) the investigation officers of the police station, who register and investigate the crime with regard to motor vehicle accidents should sincerely and faithfully comply with section 158 (6) of the m.v. ..... act and communicate the needed information to tribunals and furnish the same to the insurers at their request. .....
Tag this Judgment!Court : Karnataka Dharwad
..... . reported in (2010) 1 scc 72, the apex court considering the conspectus of provisions relating to arbitration particularly section 8(2) of the arbitration act, observed, where serious allegations of fraud, mal-practices committed in accounts books and manipulation of finance of the partnership firm etc ..... e) he alleged there is no dispute that the plaintiff has entered into the shoes of defendant nos.5 to 16 being one of the lessees, and therefore, the term of reference to the arbitrator contained in the agreement of sale dated 23.03.2001 (clause 9) binds him (plaintiff) as the said clause binds not only parties to the agreement, but also the assignees including the plaintiffs. ..... in the instant case, the 1st respondent (plaintiff) as also defendant nos.1 to 4 in the sit are not parties to the agreement of sale dated 23.3.2001 in which it is alleged as arbitration clause sought to be enforced as arbitration agreement, are conspicuous by their absence, being not party to the agreement. 14. ..... . for perpetual injunction restraining the defendants no.18 to 25 from enforcing the sale agreement dated 23.3.2001 alleged to have been executed by the defendant nos.5, 6, 7 and 16 in respect of entire suit schedule property c ..... . keeping in mind the mandate of section 7, it has to beheld that as he is not a party to the agreement dated 23.03.2001, he cannot be treated as a party to clause 9 in the agreement and it will not bind him .....
Tag this Judgment!Court : Karnataka Dharwad
..... find that the statutory power for notifying an area as an industrial area need for applying the provisions of chapter-iv in respect of the area for the purpose of acquiring the land and the issue of a preliminary notification under section 28[1] of the act which are all statutory functions of considerable importance and significance and requiring application of mind have all been simply abdicated to the recommendation of the single window clearance committee in favour of the fifth respondents ..... . the 5th respondent-beneficiary has also taken the same stand by producing the documents and opposing the prayer for grant of stay of further proceedings pursuant to the notice under section 28(6) of the kiadb act placing strong reliance upon the lease-cum-sale agreement dated 20.11.2007 to evidence the that the acquired lands have been leased in its favour with certain terms and conditions ..... it is also submitted that the manner in which the statutory powers are exercised by the state government is nothing short of a colourable exercise of power; that the issue of notifications under sections 3(1), 1(3) and 28(1) of the act in the name of public purpose is nothing short of misuse and abuse of the power as the purpose is only a private purpose, in the sense, acquisition is for the benefit of a private society and does not serve any public .....
Tag this Judgment!Court : Karnataka Dharwad
..... income tax), shall be made liable to pay income tax at least rs.1000/- per annum and protect their interest on attaining age of 61 years by providing pension; (iii) that election law may be amended prescribing a condition that every male person contesting election to the state assembly/parliament shall be an income tax assessee; 18. ..... the revenue has urged the following grounds: (i) that as per section 132b of the act, the seized money shall be applied by the assessing authority for discharge of liability of the assessee from who the money is seized and if there is any excess amount, the same shall be refunded ..... substantial question of law is concerned, it is necessary to refer to section 132b of the act, which deals with regard to disposal of seized assets. ..... to send copy of this order, immediately, to the secretary to union finance department and the secretary to law commission for necessary action. ..... no.3/11 dated 09.02.2011 issued by the board, specifically says that it will be applicable to the cases filed on or after 9.2.2011, the courts holding that it is applicable to the pending cases is against the provision under section 268a of the act, public interest and the public policy. ..... he submits that the instruction issued by board dated 09.02.2001 is prospective in effect and not retrospective and the assessee cannot take advantage of the instruction and decision of this court made in re rankaand ranka (2012(73) kar.l.j.30 (hc)(db)), holding that the instruction no.3, issued by the .....
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