Court : Karnataka
Reported in : ILR1993KAR230; 1993(1)KarLJ116
..... therein. the act came to be repealed on 5th february 1991 by karnataka act 4/ ..... . the partition of the lands assessed to payment of revenue to government shall be made by the deputy commissioner or his gazetted subordinate deputed by him in this behalf as required under section 54 cpc and the partition of other properties shall be divided by the commissioner appointed by the court in this behalf ..... same. it is also settled position of law, as held by this court that the karnataka prevention of fragmentation and consolidation act would be applicable and would become relevant only at the time when the actual division of the agricultural lands take place (see : basappa lachamappa mongyal ..... 8. the deputy commissioner has applied the provisions of the karnataka prevention of fragmentation and consolidation of holdings act, 1966 and has held that as the partition results in creation of fragments it would not be possible to effect ..... act. the relevant portion of the judgment is as follows:'the repealing provision in the instant case reflects the principle found in section 6 of the general clauses ..... act. it appears to be well settled that the distinction between what is, and what is not a right preserved by the provisions of section 6 of the general clauses act is often one of great ..... repealed. the proceeding in question does not fall under clause (d) of section 2(1) of the act .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2003Kant403; ILR2003KAR3026; 2004(1)KarLJ490
..... . the karnataka land revenue act, 1964, (for short, the 'act') has come into force from 1.4.1964.in view of the provisions of the act all privileges conferred under any custom or law is repealed under section 202(1) of the act and only the privileges as stated under section 79(2) has been continued subject to such general or special order passed by the state government from time to time ..... 5767/1998, submitted that kumki right is only a privilege which is continued under section 79(2) of the karnataka land revenue act subject to general or special order of the government which may include order to cancel kumki privilege and this power has been validly delegated to deputy commissioner and hence, order of deputy commissioner is not an executive order, but, exercise of power under section 79(2) of the karnataka land revenue act and hence valid and legal as held by division bench in devakumarashetty's case ..... the point involved in these writ appeals, writ petition and connected matters is:'whether the deputy commissioner in exercise of his delegated power under section 79(2) of the karnataka land revenue act, 1961, (hereinafter called the `act') could withdraw the privileges in respect of `kumki' rights exercised by any person?' 3. ..... 7594/1999 submitted that kumki privileges are continued under section 79(2) of karnataka land revenue act subject to any order to regulate said privileges. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR365; 1996(6)KarLJ256
..... the vehicles which had been used as stage carriages carried passengers in excess of what was permitted and the operators were called upon to pay additional tax under sub-section (4) of section 3 of the act which read as under: '3(4) - notwithstanding anything contained in sub-sections (1) and (2), a special additional tax at the rates specified in part-d of the schedule shall be levied on motor vehicles-suitable for use on roads carrying passengers or goods in excess of the permitted ..... the petitioners did not advance any submission to urge that the karnataka legislature was incompetent to insert section 8b in the act or the provisions of the section breach any of the fundamental rights. ..... nowhere held that the provisions of section 8 of the act were not constitutionally valid or the karnataka legislature was not competent to enact ..... on behalf of the petitioners and on behalf of the respondents in appeals very fairly stated that in case the validity of section 8b of the act is upheld, then the demand notice cannot be challenged and the appeals preferred by the deputy commissioner are required to be ..... it was also contended that the division bench of the karnataka high court has held that the provisions of sub-section (4) of section 3 which was also amended, was invalid in view of the fact that the legislature was not competent to make the amendment in view of the ..... karnataka legislature amended the karnataka motor vehicles taxation act on april 17, 1989 and by the amending act, section .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR3584; 2002(5)KarLJ248
..... sc.st 12/90-91 (annexure-b to the writ petition) rejecting the application of the petitioner to declare the sale of the land as void and the consequential relief of resumption and restoration under the provisions of the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act (for short the 'ptcl act'), as well as the order dated 8-6-1999 passed by the deputy commissioner, chikmagalur, in appeal no. ..... as such, reiterating the same principle in my view to bring a land withinthe definition of 'granted land' as per section 3(1)(b) of the ptcl act as well as the applicability and invoking the provisions of the ptcl act, it is mandatory and necessary to show that the land in question was granted to the petitioner or the claimant/grantee only on the ground that he belongs to depress class or community.8. ..... in a loose sense, all such granted lands cannot be the land coming within the purview of section 3(1)(b) as stated and as is defined, the land must have been granted only to a person who belongs to either scheduled caste or scheduled tribe. ..... it is to be remembered here itself that under the provisions of the land revenue act and various other provisions like the karnataka land reforms act, land grant rules, etc. ..... 16/p of gopala village, lakkavalli hobli, tarikere taluk, measuring 2 acres was granted to veerappa, father of the petitioner, under the darkasth rules on and by the order dated 4-10-1962. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR4072; 1990(3)KarLJ284
..... the first respondent initiated proceedings under section 10a of the karnataka rent control act to evict the unauthorised occupant. ..... bhoopathy, learned high court government pleader, however contended that it was for the landlady to produce conclusive evidence to establish that the building was not covered by the provisions of part-ii of the act, and the existing material produced by the landlady was not at all sufficient to convincingly establish that the building was completed somewhere in october or november 1985.6. ..... there may be a tenant who sincerely believed that the building was not covered by the act and therefore accepted the premises as a tenant due to a wrong information given to him by the landlord and his situation may warrant a sympathetic consideration of his case and in such a situation, again, the authority may ..... under section 2(2) of the act parts-ii, and iii of the act shall be applicable to areas specified in schedule i; the said parts are stated to be not applicable to a building constructed after the 1st august 1957 for a period of 5 years from the date of construction of such building ..... regard to the needs of the society the legislature has thought it fit to enact this legislation and such legislation is prevalent not only in karnataka but in other states as well. ..... this aspect, also may be borne-in-mind by the first respondent while considering the question of taking any action under section 10a, in case the building is found to be covered by part-ii of the act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR3817; 1992(1)KarLJ22
..... the notification-annexure-a dated 2-2-1991 issued under section 4(1) read with section 17(1) of the land acquisition act, 1894 (for short 'the act') was published in the karnataka gazette dated 21-2-1991, the petitioner in this writ petition has questioned the said notification-annexure-a and has prayed for quashing it contending that there was a land dispute ..... the appropriate government to take possession of any land in cases of urgency, needed for public purpose instead of confining it only to arable or waste land as it was prior to the amendment the explanation added to section 17(1) by karnataka act 17 of 1961 cannot and does not restrict the scope of section 17(1) as to the character of land of which possession could be taken. ..... the case of dora phalauli, in which the direction issued by the government did not mention any particular urgency for the exercise of power under section 17(4), the direction issued by the government in the present case expressly refers to the urgency namely the requirement to provide sites to the persons affected ..... the contention of the petitioners would have been unexceptionable if the government had only directed with the dispensing of the hearing under section 5a without referring to any urgency, for, in that event the ratio laid down in the said decision would have been attracted.sri krishna bhat, learned counsel appearing for one ..... bidar has inspected these alternate proposals along with the district health officer, bidar, executive engineer, p.w.d. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR4693; 2003(1)KarLJ337
..... : ''whether the land in respect of which occupancy rights have been conferred in favour of a tenant under the provisions of the karnataka land reforms act, 1974, can be construed as 'granted land' as defined under section 3(b) of the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, wherever the tenant belongs to scheduled caste or scheduled tribe and thus is amenable to the jurisdiction and operation of the ptcl ..... of march, 1974 in actual possession and cultivation of any land not exceeding one unit, which has vested in the state government under section 44; and (ii) xxx xxx xxx, he may within one year from the date of commencement of the karnataka land reforms (amendment) act, 1997 grant the land to such person subject to such restrictions and conditions and in the manner, as may be prescribed'. 11 ..... a wider meaning of the definition 'granted land' and further erred in relying on the residuary provisions of section 2(b) of the klr act, and thereon referring to sections 99, 100 and 101 of the karnataka land revenue act for assigning the meaning to the word 'occupant' or 'occupancy'. ..... writ petition and, as already stated, has been referred to this larger bench to decide the question as to whether the conferment of occupancy right under section 48a of the karnataka land reforms act constitutes 'granted land' within the meaning of the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978. 5. .....
Tag this Judgment!Court : Karnataka
Reported in : 2007(4)KarLJ394; ILR2007(2)Kar1845; 2007(3)KCCRSN124; 2007(3)AIRKarR510;
..... krishnoji bhaurao hundre : air1999sc1114 dealing with the presumption available as to the correctness of entries in the record of rights under section 133 of the karnataka land revenue act, 1964 and displacement of such presumption by a finding of fact to the contrary in enquiry made by the tribunal under section 48-a of karnataka land revenue act, 1961, in paragraph 4 has observed: (scc pp.520-21)when, in fact, the tribunal made local enquiry by spot inspection and had come to the ..... land tribunal for rejecting grant of occupancy rights in respect of entire 10 acres on the ground that 7 acres was not an agricultural land as on 1.3.1974 is erroneous in view of the definition under section 2 (a) (1) of the land reforms act as the said conversion would not change the nature of land because poultry farming and dairy farming also fall within the definition of agriculture under the land reforms ..... dattoba as the cultivator in respect of the entire land but the tribunal having due regard to the spot inspection and local enquiry with the adjacent landowners, compromise deed showing partition in 1962 and also taking note that dattoba being the manager of the joint family earlier, his name alone was found in the record of rights, came to the conclusion on facts that all ..... court observed that the mere use of the word 'substituted' does not ipso facto or automatically repeal a provision until the provision which is to take its place is constitutionally permissible and legally effective ..... health .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2010(2)SCALE232
..... 1979 of the state government sanctioning the grant of the land in favour of the sangha for allotment of house sites to its members was void ab initio in law as sections 79a, 79b and 63(7) of the karnataka land reforms act provided for allotment of land only for agricultural purposes and the rights given under the provisions of the act to inamdars in respect of land in question could not be whittled down by the state government in exercise of its power under the ..... we also find from the provisions of sub-sections (2) and (7) of section 95 of the karnataka land revenue act, 1964 (for short `the land revenue act') that the land held for agricultural purpose can be permitted to be diverted for other purposes on payment of ..... the meanwhile, the karnataka inam abolition laws (amendment act) 1979 amended the inam abolition act providing that the tribunal constituted under section 48 of the karnataka land reforms act, 1961 (for short `the tribunal') instead of the special deputy commissioner, inam abolition, will decide the claims for occupancy rights under the inam abolition act. ..... that the order dated 15.6.1979 of the state government sanctioning grant of land in favour of sangha for house sites was void ab initio because of the prohibitions in sections 79a, 79b and 80 of the land reforms act and that if the court holds that the order dated 15.6.1979 was void ab initio on this ground, the earlier decision dated 15.9.1998 of the division bench of the karnataka high court in writ appeal no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(16)SCALE178; (2009)2SCC326; [2009]18STT525; (2009)11VatReporter3; (2009)19VST239(SC):2009AIRSCW802
..... such goods,-(a) to the government, or(b) to a registered dealer other than the government, if the goods are of the description referred to in sub-section (3) of section 8, shall be exempt from tax under this act :provided that no such subsequent sale shall be exempt from tax under this sub-section unless the dealer effecting the sale furnishes to the prescribed authority in the prescribed manner and within the prescribed time or within such further ..... favour of kptcl was completed when the goods were appropriated by kptcl before commencement of movement of goods from the place of manufacturers in chennai (tamil nadu) to kptcl in the state of karnataka and, therefore, the inter-state sale of goods fell under section 3(a) of the cst act 1956 and, therefore, was not entitled to exemption under section 6(2) of the 1956 act. ..... the proviso to section 9(1) of the cst act 1956, the ao held that the state of karnataka was competent ..... obtained c-form from the state department in respect of sale of goods sold on the basis of contract entered into by the appellant with kptcl and, therefore, the proviso to section 9(1) of the cst act 1956 stood attracted and consequently the state of karnataka was the 'appropriate state' entitled to collect tax in respect of the goods sold by the appellant to kptcl under the cst act 1956. ..... section 23(1) of the karnataka sales tax act ..... to prove its case for exemption under section 6(2) of the cst act 1956 did not make the tax leviable by the state of karnataka. .....
Tag this Judgment!