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 : Delhi
..... the petitioner seeks to place reliance on shailesh kumar sinha (supra), wherein the division bench of the patna high court dealt with the challenge to the validity of section 19(4) of the bihar excise act, 1915 as amended on 31.03.2016 and the consequential notification issued by the state thereunder dated 05.04.2016, imposing a complete ban on wholesale trade and retail trade, and consumption of foreign liquor in the state of ..... petitioner has preferred the present writ petition to challenge the constitutionality and vires of section 3(1)(ii) of the maharashtra control of organized crime act, 1999 (mcoca, for short) which was extended to national capital territory of delhi by notification dated 02.01.2002; and to seek a writ of certiorari for quashing of the order on sentence dated 11.04.2018 ..... judge noticed the fact that in respect of offences involving commercial quantities of drugs/ substances, the ndps act prescribes the minimum sentence/ fines and takes away the discretion of the court in the matter of ..... the opinion of the law commission was premised on the foundation that if the punishable act has caused no harmful effect, the punishment may be mild, and if the act causes some harm- but if the offender can repair the damage done to society, ..... page 10 of 30 principal subject-matter of the statute and the particular perspective for the reason that for certain purposes an act may be general and for certain other purposes it may be special and such a distinction cannot be blurred. .....
Tag this Judgment!Court : Kerala
..... the final report which even remotely suggest that they were part of the conspiracy, according to the learned senior counsel, merely because the investigating officer has incorporated the provisions of the ua(p) act, the provisions of the act which, he termed as draconian, will not be attracted and the learned sessions court was bound under law and as per precedents laid down by the apex court to consider carefully the ..... and limitations imposed on the court under s.43d(5) will apply with full force and relying on the counter affidavit filed by the cbi before this court, it was argued that the act of the accused will amount to striking terror in the people or any section of the people especially when explosive substances like bombs were used which resulted in manoj sustaining fatal injuries and ..... 11 and 12 in r.c.10(s)/ 2014/cbi/scb/tvpm on the file of the sessions court, thalassery, have preferred separate appeals under section 21(4) of the national investigation agency act r/w section 43d of the unlawful activities [prevention] act, 1967, (for short "ua(p) act") and section 439 of the code of criminal procedure (for short "the code") challenging the orders dismissing the applications for bail filed by them before the sessions court ..... rajesh ranjan [ (2005) 2 scc42, the apex court has observed as follows:- "under the criminal laws of this country, a person accused of offenses which are non-bailable, is liable to be detained in custody during the pendency of trial unless he .....
Tag this Judgment!Court : Kerala
..... no.k3-41603/07 dated143/2008 4/- -4- wp(c)no.31268/2007 p59 copy of the notice issued by respondent no.4 to the applicant dated117/2008 p60 copy of the application filed by the petitioner under the right to information act, 2005 dated257/2008 p61 copy of the communication no.k3-30225/08 dated218/2008 p62 copy of the sale sannad no.501/1116 m.e (1941 a,d,) dated235/1941 p63 copy of the sale deed no.5438/1118 m.e. ..... supra), another constitution bench held that when section 6 of the general clauses act applies to repeal of central act and regulation, it is not possible to apply the said provision to a case of repeal of a rule. ..... held, the cardamom rules, 1935 had been repealed and the question depends upon the conditions of ..... however relied upon section 6 of the general clauses act which inter alia indicates that even if a central act is repealed, it shall not affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed. ..... in so far as the rules have been repealed, rule 28 or any other provision cannot ..... klt372 that the cardamom rules, 1935 has been repealed by virtue of section 9(3) of the kerala land assignment act, 1960. ..... in regard to the contention regarding repeal of cardamom rules, 1935, we have already ..... are governed by the terms of grant the district collector has no authority to exercise any power under rule 28 of the cardamom rules, 1935 to take action against the petitioner, especially on account of repeal of the rules. .....
Tag this Judgment!Court : Delhi
..... in the public interest so to do, hereby exempts the taxable service provided by a commercial concern to any person, in relation to commercial or industrial construction service, from so much of the service tax leviable thereon under section 66 of the said act, as is in excess of the service tax calculated on a value which is equivalent to thirty-three per cent of the gross amount charged from any person by such commercial concern for providing the said taxable service: provided that ..... the taxable service of the description specified in column (3) of the table below and specified in the relevant subclauses of clause (105) of section 65 of the finance act, specified in the corresponding entry in column (2) of the said table, from so much of the service tax leviable thereon under section 66 of the said finance act, as is in excess of the service tax calculated on a value which is equivalent to a percentage specified in the corresponding entry in column (5) of the said table, of ..... of service tax on works contract by finance act, 2007 does not mean that we have to read down, the scope and ambit of the provisions enacted levy tax on contracts relating to commercial and industrial construction service or construction of (residential) complexes services as specified by finance act 2004 and finance act 2005 respectively. ..... tax on services rendered by mandap-keepers and outdoor caterers is in pith and substance, a tax on services and not a tax on sale of goods or on hirepurchase activities. .....
Tag this Judgment!Court : Allahabad
..... as penal rates, they cannot be held to go beyond the scope of section 30 (2) of the act, 1989, whereas the scale of rates can be prescribed by railway board under section 30(2) of the act,1989, the said scale may also contain a rate which can be termed as penal rates. ..... petitioners submitted that the railway board has jurisdiction to fix the rates to the extent of six times of the normal rate in exercise of power under section 30 (2) of the act, 1989 and the petitioners have remedy of filing an appeal against the order of penal demurrage/wharfage charges. ..... section 54(1) states that the railway administration may impose conditions not inconsistent with the act or with any general rules made thereunder, "with respect to the receiving, forwarding ..... that the scale of rates has therefore to be framed in a manner which will act both as an incentive and as a compulsion for the expeditious removal of the goods ..... it is submitted that clause 3.3 of rates circular dated 74 of 2005 and para 6 of the rates circular dated 21 of 2007 are ultra vires to the act, 1989, there being no specific provision under the act, 1989 for levy of penalty for demurrage/wharfage charges, railway board cannot prescribe any penal demmurage/ ..... view that the prescription of penal rates for demurrage and wharfage in the above mentioned rates circulars are fully within the competence of the railway board under the act, 1989 and the said provisions are neither arbitrary nor violative of article 14 of the constitution. .....
Tag this Judgment!Court : Uttaranchal
..... assessed the evidence on record, found that prosecution failed to prove the charge of offence punishable under section 376 ipc and one punishable under section 3(1)(xii) of scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 against the accused constable sashi shankar rai and, accordingly, acquitted him vide impugned judgment and order dated 18.12.2010. 10. ..... section 207 crpc and, after hearing the parties, framed the charge of offence punishable under section 376 ipc and one punishable under section 3(1)(xii) of scheduled castes and scheduled tribes (prevention of atrocities) act, 1989. ..... a-12) against the accused constable sashi shankar rai for his trial in respect of the offence punishable under section 376 ipc and one punishable under section 3(2) of scheduled castes and scheduled tribes (prevention of atrocities) act, 1989. 6. ..... 749/2006 was registered against the accused constable sashi shankar rai in respect of offence punishable under section 376 ipc and one punishable under section 3(ii) of scheduled castes and scheduled tribes (prevention of atrocities) act, 1989. 4. ..... court has acquitted the accused/respondent constable sashi shankar rai of the charge of offence punishable under section 376 ipc and one punishable under section 3(ii) of scheduled castes and scheduled tribes (prevention of atrocities) act, 1989. 2. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2010SC744; 2010(1)SCALE206; (2010)2SCC461
..... thereon; or (iii) he is collecting or attempting to collect from any occupiers of such lands rent, compensation and other charges by criminal intimidation; or (iv) he is abetting the doing of any of the abovementioned acts; or (v) that he is the successor-in-interest of any such persons.the court then considered the question whether a person prima facie claiming title over the land alleged to have been grabbed can also be treated as ..... (be they penal or beneficial, restrictive or enlarging of the common law) four things are to be discerned and considered: 1st - what was the common law before the making of the act, 2nd - what was the mischief and defect for which the common law did not provide, 3rd - what remedy the parliament hath resolved and appointed to cure the disease of the ..... -section shall be preferred within a period of sixty days from the date of judgment or order of the special tribunal;(4) every finding of the special tribunal with regard to any alleged act of land grabbing shall be conclusive proof of the fact of land grabbing, and of the persons who committed such land grabbing and every judgment of the special tribunal with regard to ..... continued with the illegal possession and as such they were liable to be treated as land grabbers within the meaning of section 2(d) of the land grabbing act and that they have failed to prove that their possession was open and hostile to the government so as to entitle them to claim title over the schedule land by adverse possession .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(4)KarLJ139
..... the special deputy commissioner : ilr2002kar2750 in answering the question whether a revenue officer is competent to hold an enquiry and decide the question of the genuineness of a will in a proceeding under section 129 of the karnataka land revenue act 1964, a full bench of this court has held that when a person claims title to a property under a will for the purpose of getting a mutation entry claiming to have acquired tide and if the will is disputed, ..... it is not the duration, short or long, of encroachment that is conclusive of the question whether the summary remedy prescribed by the act can he put into operation for evicting a person what is relevant for the decision of that question is more me nature of the property on which the encroachment is alleged to have been committed and the consideration whether ..... it seems to us clear from these provisions that the summary remedy for eviction which is provided for by section 6 of the act am be resorted to by the government only against persons who are in unauthorised occupation of any land which is 'the property of ..... on, on the basis of a request made by the university to the government, the tahsildar concerned, acting under section 7 of the ap land encroachment act, issued a notice to the third party to vacate the plots and then passed an order of eviction ..... remand, by an order dated 15.07.2005, the entries in favour of the petitioners were cancelled yet again and proceedings under section 67 of the act for resumption was directed. .....
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