Court : Karnataka Dharwad
..... 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 ..... 2023 is that, respondent no.2 herein issued a notification under section 3 of the karnataka slum areas (improvement and clearance) act, 1956 ( the slum act , for short) notifying the land belonging to the petitioner bearing r.s.no.37/2b measuring 1 acre 26 guntas. ..... section 17 is very clear that, where the government is satisfied that, for the purpose of executing any work of improvement in relation to any slum area or any building in such area or for the purpose of re- developing any slum clearance area, or for the purpose of rehabilitating slum dwellers, it is necessary to acquire ..... board also vehemently contend that, by issuing possession certificate only recognized their possession and notification was issued by the government under section 3 of the karnataka slum areas (improvement and clearance) act ..... hon ble apex court in the above judgment also, it is clear that respondents have declared the land as slum area having taken note of scope of section 3(a) of the act and even it is for the purpose of improvement .....
Tag this Judgment!Court : Karnataka Dharwad
..... various rent receipts were produced on record before the land tribunal and in the legal notice dated 02nd september 1971 issued by the advocate of the respondent no.3-landlord himself, which was addressed to mysore state electricity board, dharwar, which was intending to fix certain electric poles in the said land in question and while objecting to the same, the respondent no.3-landlord clearly stated that he is the owner of the land in question and ..... . the land tribunal, dharwar & others, ilr1979kar156 a division bench of this court held that the definition of land in section 2(18) of the act of 1961 includes land used for a purpose subservient to agriculture and the definition of the word cultivate would include improving agricultural produce and it is not necessary that the basic operations like tilling, sowing and planting in the very land, was necessary to construe it as an activity of cultivating ..... . relevant paragraphs of the said legal notice by the advocate sri.m.a.choudhari, addressed to the assistant executive engineer, mysore state electricity board, dharwar-7, are quoted below for ready reference: that my client is the owner and wahiwatdar of block no.258, as measuring 17 acre 19 guntas assessed at rs.7-10-50 of village kelgeri and is cultivating the same through one ..... . on the contrary, while objecting to the fixing of the poles by the mysore state electricity board, dharwar, respondent no.3-owner claims that the land is under cultivation by him through sri.hasansab, the .....
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..... districts is about 5,899 acres and the dispute in the present petitions is only in respect of 37 acres 21 guntas and the impugned notification was issued under the provisions of the new act and the petitioners and others whose lands have been acquired under the impugned notifications are entitled to the compensation on par with the compensation awarded for the land users under the ..... of the matter when the government takes a decision, taking all relevant considerations into account and is satisfied that there exists emergency for invoking powers under sections 17 (1) and (4) of the act, and issues notification accordingly, the 62 same should not be interfered with by the court unless the court comes to the conclusion that the appropriate authority had not applied its mind to ..... and the declaration was that the case of urgency put forward by the state government for dispensing with the compliance with the provisions of section 5-a of the act had been belied by the delay of nearly one year that had ensued between the date of the notification under section 4 and the date of declaration made under section 6 of ..... considering the provisions of sections 17(4) and (1), 4 and 6 of the rajasthan land acquisition act,1953 in the case of rajasthan housing board vs- shri kishan reported in (1993)2 scc84at para-14 has held as under: 14 ..... communications are in dire need of substantial improvement, expansion and modernisation ..... . kangan and others [1976 (2) scc895; c) swarnalata vs- state hariyana [2010 (4) scc532; .....
Tag this Judgment!Court : Karnataka Dharwad
..... 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 ..... 2023 is that, respondent no.2 herein issued a notification under section 3 of the karnataka slum areas (improvement and clearance) act, 1956 ( the slum act , for short) notifying the land belonging to the petitioner bearing r.s.no.37/2b measuring 1 acre 26 guntas. ..... section 17 is very clear that, where the government is satisfied that, for the purpose of executing any work of improvement in relation to any slum area or any building in such area or for the purpose of re- developing any slum clearance area, or for the purpose of rehabilitating slum dwellers, it is necessary to acquire ..... board also vehemently contend that, by issuing possession certificate only recognized their possession and notification was issued by the government under section 3 of the karnataka slum areas (improvement and clearance) act ..... hon ble apex court in the above judgment also, it is clear that respondents have declared the land as slum area having taken note of scope of section 3(a) of the act and even it is for the purpose of improvement .....
Tag this Judgment!Court : Karnataka Dharwad
..... statements as recorded by the investigating sub-inspector; (2) that the courts below were in error in convicting and sentencing the appellants on the testimony of those four eyewitnesses when their evidence had not been acted upon in respect of the other accused who had been acquitted by the courts below; (3) that the evidence of those four eyewitnesses having been disbelieved by the lower appellate court, particularly in respect ..... apart from the above challenge to the evidence of this witness, learned counsel for the accused pointed out certain contradictions, omissions and improvements found in his cross- 76 - - examination but then this again will have to be considered as considered by the courts below, in the background of the fact that the cross- examination of this witness ..... though pw.3 has not been further examined, even ignoring his evidence, in the evidence of pws.1, 2 and 4 to 6 they have categorically stated with regard to the overt acts of each of the accused persons and even during the course of cross-examination it has not been disputed that the death of the deceased nagaraja gouda is a homicidal death and in ..... that to determine whether an accused, being a member of an unlawful assembly, is liable for a given 109 - - offence, it needs to be seen whether such act was committed in prosecution of the common object of the assembly, and alternatively whether the members of the assembly knew that the offence was likely to be committed in prosecution ..... 1976) 3 scc470:1976 ..... :1976 .....
Tag this Judgment!Court : Karnataka Dharwad
..... statements as recorded by the investigating sub-inspector; (2) that the courts below were in error in convicting and sentencing the appellants on the testimony of those four eyewitnesses when their evidence had not been acted upon in respect of the other accused who had been acquitted by the courts below; (3) that the evidence of those four eyewitnesses having been disbelieved by the lower appellate court, particularly in respect ..... apart from the above challenge to the evidence of this witness, learned counsel for the accused pointed out certain contradictions, omissions and improvements found in his cross- 76 - - examination but then this again will have to be considered as considered by the courts below, in the background of the fact that the cross- examination of this witness ..... though pw.3 has not been further examined, even ignoring his evidence, in the evidence of pws.1, 2 and 4 to 6 they have categorically stated with regard to the overt acts of each of the accused persons and even during the course of cross-examination it has not been disputed that the death of the deceased nagaraja gouda is a homicidal death and in ..... that to determine whether an accused, being a member of an unlawful assembly, is liable for a given 109 - - offence, it needs to be seen whether such act was committed in prosecution of the common object of the assembly, and alternatively whether the members of the assembly knew that the offence was likely to be committed in prosecution ..... 1976) 3 scc470:1976 ..... :1976 .....
Tag this Judgment!Court : Karnataka Dharwad
..... khc-d:12094-db wa no.100266 of 2022 and connected matters opinion of the authority is likely to be made for carrying out any general scheme of street improvement or other schemes or development or expansion by the authority ; (ii) if the proposed street does not conform to the provisions of the act, rules and bye-laws referred to in sub- section (3) ; or (iii) if the proposed street is not designed so as to connect one end with a street which is already open ; or (iv) if the layout in ..... that except for few cases where some of the writ petitioners had acquired right by way of documents executed by the karnataka industrial areas development board (kiadb) in their favour, the katha/revenue records stand in their respective names and the name of kiadb is continued in some of the ..... in 1966 the maharashtra state legislature enacted the maharashtra regional and town planning act, 1966 (hereinafter referred to as the regional and town planning act ) to make provision for planning and development and use of land in regions established for that purpose, and for the constitution of regional planning boards therefor; to make better provision for the preparation of development plans with a view to ensuring that town planning schemes are ..... no.100266 of 2022 and connected matters6 karnataka industrieal area development board, represented by its secretary, p b road, dharwad- ..... of 2022 and connected matters4 karnataka industrial area development board p.b.road, dharwad-580001, by its secretary.5. .....
Tag this Judgment!Court : Karnataka Dharwad
..... statements as recorded by the investigating sub-inspector; (2) that the courts below were in error in convicting and sentencing the appellants on the testimony of those four eyewitnesses when their evidence had not been acted upon in respect of the other accused who had been acquitted by the courts below; (3) that the evidence of those four eyewitnesses having been disbelieved by the lower appellate court, particularly in respect ..... apart from the above challenge to the evidence of this witness, learned counsel for the accused pointed out certain contradictions, omissions and improvements found in his cross- 76 - - examination but then this again will have to be considered as considered by the courts below, in the background of the fact that the cross- examination of this witness ..... though pw.3 has not been further examined, even ignoring his evidence, in the evidence of pws.1, 2 and 4 to 6 they have categorically stated with regard to the overt acts of each of the accused persons and even during the course of cross-examination it has not been disputed that the death of the deceased nagaraja gouda is a homicidal death and in ..... that to determine whether an accused, being a member of an unlawful assembly, is liable for a given 109 - - offence, it needs to be seen whether such act was committed in prosecution of the common object of the assembly, and alternatively whether the members of the assembly knew that the offence was likely to be committed in prosecution ..... 1976) 3 scc470:1976 ..... :1976 .....
Tag this Judgment!Court : Karnataka Dharwad
..... line, pillars and the land property damaged and the types of the trees grown and the diminution value as recorded by the district court is not correct and section 10(d) and section 16 of the indian telegraph act, 1885 includes the loss of the crops and trees, if any and also contended that the petitioners are not entitled for diminution value of the lands and all along the petitioners are doing ..... the respondent corporation filed objections and contended that the petitioners had not exhausted the remedy as contemplated and as per the provisions of section 10(b) of the indian telegraph act, 1885, the central government shall not acquire any right other than that of user only in the property under, over, along, across, in or upon, which the telegraph authority places any telegraph line or ..... and others reported in (1997) 6 scc5054at para 5 held as follows: the board has vide resolution dated july 1, 1992 decided to follow the procedure provided in the land acquisition act and the land acquisition manual for determination of the compensation for trees. ..... accordingly, issue no.1 was held in negative, holding that the court can determine the compensation under section 16(3) of the indian telegraph act, 1885 and also held that in view of exs.d-1 to 54 and cross of pws-1 to 11, the petitioners have received compensation in respect of crops and there is no dispute with regard to the ownership of ..... have taken steps to spend amount for improving their lands and their lands got commercial value .....
Tag this Judgment!Court : Karnataka Dharwad
..... 3 judgment this is an appeal by the defendants of an original suit bearing o.s.no.46/1976, which was pending on the file of the court of civil judge (jr.dn. ..... in order to draw presumption under section 114 of the evidence act, the evidence of persons who are conversant with the parties will ..... , both 12 the courts have drawn presumption available under section 114 of the evidence act in regard to kallappa and venkavva living as husband and wife. ..... contended that the evidence adduced by kallappa is contrary to the averments found in the written statement and that many of them are actually improvements.13. ..... both of them were sudras and there was no legal prohibition, more particularly, when the bombay prohibition of bigamy act came into force only in the year 1948. ..... all that is required under section 35 of the evidence act is that, it should be regularly kept in discharge ..... in view of amendment to section 19 of the karnataka civil courts act and in view of enhancement of 8 pecuniary jurisdiction of the district court, appeal stood transferred from this court to the district court, dharwad and numbered ..... of venkavva with the 1 s t defendant was prior to the coming into force of the bombay prohibition of bigamy act, 1943, he is stated to be the son entitled to 1/5 t h share. ..... section 114(d) of the evidence act reads as follows: sec.114 - the court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct .....
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