Court : Karnataka Dharwad
..... the principal question, therefore, that will have to be considered is which of the lands vest in the state under the provisions of the karnataka land revenue act, 1964 and whether the lands classified as phot kharab would also vest in the state, especially those which were classified as b kharab land.13 ..... . this act, despite the repeal of 1888 code, contains provisions which are more or less similar to the provisions found in the 1888 code in several aspects, including the aspects of land and land ..... . the intent that can be deduced from chapter x of the act is that the state assesses the income that the landowner can possibly earn from the land and this singular factor is made the basis for the determination of the land revenue ..... . it is also to be noticed here that under section 80 of the act, land, whether applied for agricultural or other purposes and wherever they may situate, would be liable - 39 - for payment of land ..... . on the coming into force of the 1964 act, rules were framed, and chapter vi of the karnataka land revenue rules provided for revenue survey and ..... . it is for this precise reason section 67 of the act declares and makes it abundantly clear that all lands which do not belong to an individual would be the property of the ..... . it is to be borne in mind that section 67 of the act does not state or declare even indirectly that lands in respect of which revenue is not payable would stand vested with the state ..... special land acquisition officer and another (w.p.no.20029/2005 [la-res] .....
Tag this Judgment!Court : Karnataka Dharwad
..... the principal question, therefore, that will have to be considered is which of the lands vest in the state under the provisions of the karnataka land revenue act, 1964 and whether the lands classified as phot kharab would also vest in the state, especially those which were classified as b kharab land.13 ..... . this act, despite the repeal of 1888 code, contains provisions which are more or less similar to the provisions found in the 1888 code in several aspects, including the aspects of land and land ..... . the intent that can be deduced from chapter x of the act is that the state assesses the income that the landowner can possibly earn from the land and this singular factor is made the basis for the determination of the land revenue ..... . it is also to be noticed here that under section 80 of the act, land, whether applied for agricultural or other purposes and wherever they may situate, would be liable - 39 - for payment of land ..... . on the coming into force of the 1964 act, rules were framed, and chapter vi of the karnataka land revenue rules provided for revenue survey and ..... . it is for this precise reason section 67 of the act declares and makes it abundantly clear that all lands which do not belong to an individual would be the property of the ..... . it is to be borne in mind that section 67 of the act does not state or declare even indirectly that lands in respect of which revenue is not payable would stand vested with the state ..... special land acquisition officer and another (w.p.no.20029/2005 [la-res] .....
Tag this Judgment!Court : Karnataka Dharwad
..... learned senior advocate, shri s.s.nagananad, appearing for the counsel for the petitioner, contends as follows : that the object in substituting section 6 of the hindu succession act, 1956, by act no.39 of 2005, was to address the discrimination that was inherent in the section as it stood before the amendment, whereby the females did not inherit ancestral property as their male ..... (d) of the code of civil procedure, 1908, urging the very primary defence set up namely, that there was an oral partition of the year 1980 that had been acted upon and hence there was no cause of action for the suit, as the amendment vide act no.39 of 2005, was only prospective and did not afford any right to the plaintiffs to seek partition on the ground that the earlier partition did not bind them. ..... however, the case sought to be advanced by the plaintiffs, even in the legal notice issued prior to the suit, was to the effect, that they are coparceners by virtue of act no.39 of 2005 and since the partition, even if effected, is not evidenced by a registered document, the said partition would have no effect in respect of the share to which the plaintiffs would be entitled to ..... secondly, sub-section (3) of section 6 also opens with the words "where a hindu dies after the commencement of the hindu succession (amendment) act, 2005, his interest in the property of a joint hindu family governed by the mitakshara law, shall devolve by testamentary or intestate succession, as the case may be and not by .....
Tag this Judgment!Court : Karnataka Dharwad
..... committee of management in respect of notified institution be constituted according to the usage and practice prevailing therein: provided also that every committee of management or pancha committee or dharmadarshi committee or non hereditary trustees constituted or appointed under the repealed acts who were lawfully holding office shall cease to hold such office from the date of commencement of the karnataka hindu religious and charitable endowment (second amendment ..... down the same in its entirety; b) alternatively, to declare that hindus as a religious denomination within the meaning of article 26 of constitution of india and accordingly to declare that karnataka hindu religious institutions and charitable endowments (amendment) act 2011 (karnataka act 27 of 2011) and rules 2002, can have no application to hindus and their right to establish, manage and administer their own religious charitable institutions; c) to issue directions to the state government to enact a legislation on the lines ..... a learned single judge of this court having heard the matters on merits had, by an order dated 9.9.2005, held that the act was constitutionally valid. ..... union of india, air 2005 sc 3172, and (8) m.p. ..... union of india, air 2005 sc 3172, (2) dr. ..... state of kerala, air 2005 sc 3053. .....
Tag this Judgment!Court : Karnataka Dharwad
..... it was also contended that though the said properties were said to have been re-granted to the family members of defendants 5 to 16, by virtue the bho act having been repealed with the coming into force of the karnataka village offices abolition act, 1961 (hereinafter referred to as the kvoa act', for brevity), as per orders dated 31.3.1973 and 1.4.1973, the re-grantees were not in possession of the lands as on those dates. ..... the finding of the court below that section 27 is not applicable since the plaintiffs and other supporting defendants no.1 to 4 were not in possession of the suit properties from 1957 till 2005 cannot be sustained, since defendant no.17, which was admittedly in possession of the suit properties has clearly admitted the fact that the defendant no.17 was in joint possession along with the plaintiffs and the supporting defendants. ..... the reasoning of the court below that the erstwhile lessees did not contend that they had become owners by virtue of section 27 of the limitation act, 1963 in os 9 of 1969 is, ex facie, without any basis and has been recorded without appreciating the fact that the said suit was filed long prior to the regrants. ..... even defendant no.17, the society, which was in joint possession of the suit properties along with plaintiffs and defendants no.1 to 4 from 1957 till 2005 had clearly admitted the title of the plaintiffs and defendants no.1 to 4 to the extent of 5/8th share, that is schedule bof the suit properties. .....
Tag this Judgment!Court : Karnataka Dharwad
..... it was also contended that though the said properties were said to have been re-granted to the family members of defendants 5 to 16, by virtue the bho act having been repealed with the coming into force of the karnataka village 44 offices abolition act, 1961 (hereinafter referred to as the kvoa act , for brevity), as per orders dated 31.3.1973 and 1.4.1973, the re-grantees were not in possession of the lands as on those dates. ..... the finding of the court below that section 27 is not applicable since the plaintiffs and other supporting defendants no.1 to 4 were not in possession of the suit properties from 1957 till 2005 cannot be sustained, since defendant no.17, which was admittedly in possession of the suit properties has clearly admitted the fact that the defendant no.17 was in joint possession along with the plaintiffs and the supporting defendants. ..... the reasoning of the court below that the erstwhile lessees did not contend that they had become owners by virtue of section 27 of the limitation act, 1963 in os9of 1969 is, ex facie, without any basis and has been recorded without appreciating the fact that the said suit was filed long prior to the regrants. ..... even defendant no.17, the society, which was in joint possession of the suit properties along with plaintiffs and defendants no.1 to 4 from 1957 till 2005 had clearly admitted the title of the plaintiffs and defendants no.1 to 4 to the extent of 5/8th share, that is schedule b of the suit 59 properties. .....
Tag this Judgment!Court : Karnataka Dharwad
..... khc-d:11980-db rfa no.100221 of 2016 c/w rfa no.100197 of 2016 hindu succession act was repealed by the hindu succession (amendment) act, 2005 it stated that if the dwelling house was wholly occupied by members of the family of a hindu who dies intestate, the female heir was not entitled to claim partition in the dwelling house ..... he further submitted that repeal of section 23 of the hindu succession act in the year 2005 cannot be applied to grant partition to them ..... that although omission of a provision operates as an amendment to the statute but then section 6 of the general clauses act, whereupon reliance has been placed by mr.viswanathan, could have been applied provided it takes away somebody s vested right ..... it appears that after amendment was brought to the hindu succession act in the year 2005, they might have thought of instituting a suit for partition as ex.d.6 ..... section 23 of the hindu succession act as it stood before amendment in the year 2005 did not permit the female members to claim partition in the dwelling houses until the male heirs chose to ..... it stood before repeal, applied when a hindu died intestate surviving him or her both male and female heirs specified in clause i of the schedule to hindu succession act. ..... no.100221 of 2016 c/w rfa no.100197 of 2016 despite the 2005 act (as observed in paragraph no.32). ..... section 23 of the act, in view of our aforementioned discussions, cannot be held to remain continuing despite the 2005 act.25. ..... repealed by the amendment act .....
Tag this Judgment!Court : Karnataka Dharwad
..... khc-d:11980-db rfa no.100221 of 2016 c/w rfa no.100197 of 2016 hindu succession act was repealed by the hindu succession (amendment) act, 2005 it stated that if the dwelling house was wholly occupied by members of the family of a hindu who dies intestate, the female heir was not entitled to claim partition in the dwelling house ..... he further submitted that repeal of section 23 of the hindu succession act in the year 2005 cannot be applied to grant partition to them ..... that although omission of a provision operates as an amendment to the statute but then section 6 of the general clauses act, whereupon reliance has been placed by mr.viswanathan, could have been applied provided it takes away somebody s vested right ..... it appears that after amendment was brought to the hindu succession act in the year 2005, they might have thought of instituting a suit for partition as ex.d.6 ..... section 23 of the hindu succession act as it stood before amendment in the year 2005 did not permit the female members to claim partition in the dwelling houses until the male heirs chose to ..... it stood before repeal, applied when a hindu died intestate surviving him or her both male and female heirs specified in clause i of the schedule to hindu succession act. ..... no.100221 of 2016 c/w rfa no.100197 of 2016 despite the 2005 act (as observed in paragraph no.32). ..... section 23 of the act, in view of our aforementioned discussions, cannot be held to remain continuing despite the 2005 act.25. ..... repealed by the amendment act .....
Tag this Judgment!Court : Karnataka Dharwad
..... duty, tax, surcharge, fine, penalty, interest as are due or may become due or any forfeiture or punishment incurred or inflicted in respect of any offence or violation committed against the provisions of the amended act or repealed acts; or (e) affect any investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and any other legal proceedings or recovery of arrears or remedy in respect of any such duty, tax, surcharge, penalty, fine ..... orders or anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the amended act or repealed acts or orders under such repealed or amended acts: provided that any tax exemption granted as an incentive against investment through a notification shall not continue as privilege if the said notification is rescinded on or after the appointed day; or (d) affect any ..... enforced, and any such tax, surcharge, penalty, fine, interest, forfeiture or punishment may be levied or imposed as if these acts had not been so amended or repealed; (f) affect any proceedings including that relating to an appeal, review or reference, instituted before on, or after the appointed day under the said amended act or repealed acts and such proceedings shall be continued under the said amended act or repealed acts as if this act had not come into force and the said ..... (2005) 2 scc673 it was held that a smaller bench could not disagree with .....
Tag this Judgment!Court : Karnataka Dharwad
..... duty, tax, surcharge, fine, penalty, interest as are due or may become due or any forfeiture or punishment incurred or inflicted in respect of any offence or violation committed against the provisions of the amended act or repealed acts; or (e) affect any investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and any other legal proceedings or recovery of arrears or remedy in respect of any such duty, tax, surcharge, penalty, fine ..... orders or anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the amended act or repealed acts or orders under such repealed or amended acts: provided that any tax exemption granted as an incentive against investment through a notification shall not continue as privilege if the said notification is rescinded on or after the appointed day; or (d) affect any ..... enforced, and any such tax, surcharge, penalty, fine, interest, forfeiture or punishment may be levied or imposed as if these acts had not been so amended or repealed; (f) affect any proceedings including that relating to an appeal, review or reference, instituted before on, or after the appointed day under the said amended act or repealed acts and such proceedings shall be continued under the said amended act or repealed acts as if this act had not come into force and the said ..... (2005) 2 scc673 it was held that a smaller bench could not disagree with .....
Tag this Judgment!