Court : Karnataka
Reported in : ILR2006KAR318; 2006(1)KarLJ1
N. Kumar, J.1. The appellants-Bangalore Development Authority (for short, 'the BDA'), the State of Karnataka, the former Chief Minister Sri S.'M. Krishna and two others have challenged in this batch of eight writ appeals the order of the learned Single Judge quashing the acquisition proceedings pertaining to 'ARKAVATHI LAYOUT' as well as the declaration made to the effect that the BDA has no jurisdiction to frame developmental schemes in Bangalore Metropolitan Area and against other reliefs granted in the writ petitions. Some writ petitions have also been filed challenging the acquisition of land for the formation of the 'Arkavathi Layout' on the grounds, which have been upheld by the learned Single Judge, in the impugned judgment under appeal. Since identical questions of law and fact arise for consideration in the writ appeals and the writ petitions they are taken up for consideration together and are being disposed of by this common order. The facts leading to the present proceeding...
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR730; 1998(5)KarLJ62
..... the constitution is to endeavour to bring about prohibition of the consumption except for medicinal purposes all intoxicating drugs and drugs which are injurious to health. the state has the police power to enforce public morality to prohibit trade in noxious or dangerous goods. 49. learned advocate general appearing for the respondents has produced a file bearing no. fd 325 edc .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR3369; 1996(7)KarLJ242
R.P. Sethi, CJ.1. Claiming to be still in lawful possession and enjoying their lands, the subject matter of acquisition proceedings on the basis of notification No. LAQ(1) SR 25/86-87 the appellants filed Writ Petitions in this Court praying for quashing the aforesaid notification and declaration. They also prayed that the acquisition proceedings be declared to have lapsed on the grounds detailed in the Writ Petition. it was submitted that as the impugned notification was issued by the Special Deputy Commissioner who had not been specially appointed to perform the functions of Deputy Commissioner as contemplated under Section 3(C) of the Land Acquisition Act (hereinafter called 'the Act'), the impugned notification passed by him being without jurisdiction was void-ab-initio. The Special Land Acquisition Officer was also alleged to have not been specially appointed to perform the functions of Deputy Commissioner under the Act, all proceedings conducted by him were illegal in their entir...
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1573
..... kameswar's case, it would be clear that the doctrine of eminent domain is, primarily, a source of power of the state, such as the power of taxation or the 'police power'. the power of eminent domain means 'the power of the sovereign to take the subject's property, without his consent', for the purposes of the state or public purposes ..... primarily dependent on the special ability acquired by training, which could not be termed as either gaming or gambling as defined under the madras gaming act, 1930 and madras city police act, 1888. in the. context of the case, the court found that reference to articles 39(b) and (c) in the aims and objects and in section 2 of the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR86; 1993(1)KarLJ84
ORDERM. Ramakrishna, J. 1. The petitioner in W.P.No. 13575 of 1985 is a Society called 'Mangalore Municipal Market Welfare Society' registered under the Karnataka Societies Act, 1960. It is referred to here in after wards as the Society. 2. In this Writ Petition, the prayer sought for is as follows:- 'Wherefore, the petitioner prays that this Hon'ble Court may be pleased to: (i) Issue a Writ of prohibition restraining the respondents from proceeding ahead with the shifting of the fish market from the Nehru Maidan Market to the new fish market wing of the Central Market situated at Market Road, Mangalore, without providing all the 132 stall-holders and 61 dry-fish vendors who are at present carrying on their business in the Nehru Maidan Market, with adequate accommodation and facilities in the new fish market. (ii) Issue a writ in the nature of prohibition restraining the respondents from evicting the stall-holders and dry-fish vendors from their present stalls in the Nehru Maidan Mar...
Tag this Judgment!Court : Karnataka
Reported in : (1991)99CTR(Kar)269; ILR1991KAR3414; [1992]194ITR584(KAR); [1992]194ITR584(Karn)
S. Mohan, C.J.1. These two appeals arise out of the judgment of our learned brother Rajasekhara Murthy J., dated April 19, 1991, rendered in Writ Petition No. 6655 of 1991. 2. We will refer to the facts in Writ Appeal No. 1318 of 1991 : Appellant entered into an agreement on November 28, 1990, with the third respondent for sale of an immovable property known as Mohan Buildings situate at Nos. 775 to 809, Old Taluk Cutchery Road, Chickpet, Bangalore. Both the appellant and the third respondent, i.e., the transferor and the transferee, filed Form No. 37-I prescribed by the Income-tax Rules, 1962 (hereinafter referred to as 'the Rules'), framed under the Income-tax Act, 1961, (hereinafter referred to as 'the Act'), with the appropriate authority on November 30, 1990. The appropriate authority, by exercising power under section 269UD(1) of the Act, passed an order on January 24, 1991, directing the purchase of the said immovable property by the Central Government and holding that the prope...
Tag this Judgment!Court : Karnataka
Reported in : AIR1995Kant69; ILR1994KAR2560; 1994(5)KarLJ124
ORDERS. B. Majmudar, C.J.1. Common procedural questions arise for our consideration in O.S.A. 19/93 and other Company Petitions. In Company Petitions, learned single Judge, Rajendra Babu, J., has referred the following two questions for our decision.(1) What is the scope of enquiry or hearing.(2) The nature or contents of order and whether the usual practise of this Court when matters are admitted and interim orders are granted no detailed reasons are setforth, applicable?As the common reference order shows these questions pertain to the stage prior to admission and advertisement of the Company petition moved by the petitioning-creditor for seeking order for winding-up respondent-company on the ground that the Company is unable to pay its debts as envisaged by S. 433(e) of the Act.In O.S.A. No. 19/93 also these procedural questions squarely arise for our consideration. Therefore, they were all heard together and are being disposed of by this common judgment.2. The common questions pert...
Tag this Judgment!Court : Karnataka
..... judge for prevention of corruption act, bangalore city and quash the order dated 03.12.2011 referring the complaint under section 156(3) cr.p.c, for investigation by lokayukta police. 2. i have heard sri hashmath pasha, learned counsel for petitioner, sri s.g.rajendra reddy learned counsel for i-respondent and ii respondent sri t.j.abraham, party ..... no.27/2011. on the file of special judge for prevention of corruption act, bangalore city and subsequent reference under section 156(3)ci\p.c. for investigation by lokayukta police are liable to be quashed. 5. the il-respondent t.j.abraham, party-in-person has made following submissions:- i. there is no legal bar for investigation of offences ..... has relied on the judgment made by a division bench of this court in w.p.no.4231 /2009 dated 24.04.2009. 6. the learned counsel appearing for lokavukia police, relying on a decision of this court reported in 2008(4) kccr 2842 (in the case of sri govtndarqju vs. state of karnataka) and a decision of the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR2002
..... before commencing the investigation. subsequently, in the code of criminal procedure of 1872 a provision, namely, section 157(1) was introduced which provision required the police officer to have 'reason to suspect' the commission of a cognizable offence before he proceeded to investigate the facts and circumstances of the case. thereafter, in ..... offence, he must either proceed with the investigation or cause an investigation to be proceeded with by his subordinate, that in a case where the police officer sees no sufficient ground for investigation, he can dispense with the investigation altogether; that the field of investigation of any cognizable offence is exclusively ..... of activity in the field of crime detection and crime punishment. investigation of an offence is the field exclusively reserved for the executive thorough the police department the superintendence over which vests in the state government. the executive which is charged with a duty to keep vigilance over law and order .....
Tag this Judgment!Court : Karnataka
(Prayer: These Writ Petitions filed under Articles 226 and 227 of the Constitution of India, praying to declare that the land acquisition proceedings initiated against the schedule lands belonging to the petitioners have been lapsed by virtue of the coming into force of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. These Writ Petitions filed under Articles 226 and 227 of the Constitution of India, praying to quash the award dated 30.4.2010 in respect of Sy.No.70/7 measuring 14 guntas of Bomanahalli Village, Begur Hobli, Bangalore South Taluk is concerned vide Annexure-D and etc; This Writ Petition filed under Articles 226 and 227 of the Constitution of India praying to declare that the preliminary notification dated 7.11.2002 [Annexure-H] issued under Section 17[1] of the BDA Act and the final notification dated 9.9.2003 [Annexure-J] issued in so far as the schedule property is concerned under Section 19[1] of the BDA Ac...
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