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B.S. Yeddyurappa Vs. State of Karnataka, Through Superintendent of Pol ...

Court : Karnataka

..... murudeshwara power corporation, a registered company in karnataka under companies act, is a sister concern of rns infrastructure and that illegal gratification of rs.2 crores and rs.11 crores respectively, have been paid by rns infrastructure through his sister concern m/s.murudeshwara power corporation to m/s.sahyadri health care and diagnostic pvt. ..... the learned special judge after receiving the complaint on perusal of the complaint and on hearing the learned counsel for respondent no.2, referred the complaint for investigation to the superintendent of police, karnataka lokayukta, bangalore urban under section 156(3) cr.p.c. ..... no.18/2011 referring the complaint of the second respondent for investigation and to report, to the superintendent of police, karnataka lokayukta, bangalore urban, under section 156(3) of cr.p.c. ..... court in jamiruddin ansaris case is not applicable to the facts of these cases for the following reasons; the honble supreme court in the aforesaid case while considering the provision of maharastra control of organised crime act, 1999, held that a special judge is entitled to take cognizance of offence under mcoc act even in a private complaint after due compliance of section 23(2) of mcoc act. ..... in accordance with law, for the offences of criminal mis-conduct under section 13(1)(d) of prevention of corruption act and punish him under section 13(2) of prevention of corruption act in accordance with law. .....

Indian Council of Agricultural Research, Represented by Its Director V ...

Court : Karnataka

..... assistant commissioner and land acquisition officer, bellary-1977 (1) klj 173, wherein the then chief justice honble justice bhat has held that as per section 19 of the karnataka civil courts act, 1964, what determines the forum of appeal is not the amount in dispute, but the amount or value of the subject matter of the proceedings before the civil judges court. ..... and only proceeding on the basis of section 54 of the central act, has opined that to put at rest the controversy regarding the jurisdiction of the ..... to the high court in any proceedings initiated under the provisions of the land acquisition act from the award passed, the learned single judge after examining the matter in the light of the provisions contained under section 54 of the land acquisition act as amended by the land acquisition (mysore extension and amendment) act xvii of 1961, read with section 19(1) of the karnataka civil courts act, 1964, particularly in the wake of the division bench not referring to the state amendment .....

M.Abbas Vs. State of Karnataka

Court : Karnataka

Reported in : 1980(2)KarLJ259

..... , for interim custody and in the meanwhile the police also made an application before the magistrate requesting permission of the magistrate to produce the car and the properties before the authority empowered under section 71a of the act for confiscation and while granting permission the magistrate, ruled that the power in regard to disposal of the property was with the authorities prescribed under ss. ..... state of karnataka (1), since no inquiry or trial was pending and the property was also not produced before the court, the seizure being under section 62 of the act by the range forest officer and the report made to the magistrate being under ..... 62 of the karnataka forest act, 1963 (hereinafter referred to as "the act') in favour of ..... 71a of the karnataka forest act confers power on the authorised officer referred to therein to make an order of confiscation does take away the jurisdiction of the magistrate to make on order ..... 62 karnataka forest act (subject to the provisions ..... the act, the magistrate is empowered with all convenient despatch to take such measures, as may be necessary, not only for the arrest and trial of the offender, but also measures regarding the disposal of the property according to law and as held by this court in state of karnataka v. ..... 64 of the act, regard being had to the expressions "according to law", used in the section, the magistrate gets jurisdiction to make an order regarding the release or interim custody of the forest produce or the vehicle seized .....

Sri Malledevirappa Vs. State of Karnataka

Court : Karnataka

..... in those circumstances where the very initiation of action to dispose of the property owned by the grama panchayat is without jurisdiction as the same is contrary to the proviso given to section 209 of the act, the learned single judge held that they are not entitled to claim any opportunity of being heard, of course, following the decision of the apex court in the case of union of india ..... cure initial illegality and therefore under the 7 provisions of section 209 of the karnataka panchayat raj act, 1993, prior permission from the taluk panchayath is mandatory. ..... considering the provisions of section 209 of the of the karnataka panchayat raj act, 1993 in the case ..... the legislature exercising the powers under the provisions of section 209 has framed the rules called as karnataka gram panchayat (acquisition and transfer of movable and ..... section 209 chapter xv of the karnataka panchyath raj act, 1993 deals with that 10 the grama panchayat may acquire, hold and dispose off property, etc, which reads as under: section ..... however, taking into consideration the subsequent amendment to section 209 of the act,' the learned single judge has reserved liberty to the grama panchayat to redo the entire process of securing necessary permission for the formation of the layout, and disposal of the sites ..... the proviso to section 209 was deleted by amendment act 37 of 2003 but on the date of the impugned initiation of action to dispose of the immovable property owned by the grama panchayat the proviso was .....

B. Bhaskar Hegde Vs. Kallappa Lingappa Alias Ningappa Shiggaon (Deceas ...

Court : Karnataka

Reported in : ILR2002KAR987; 2002(2)KarLJ226

..... the encroached portion therefore becomes 'leased premises' by the principles of section 108(d) of the transfer of property act and the respondent becomes a 'landlord' and the revision petitioner becomes a 'tenant' of this encroached portion also within the meaning of section 3(h), (n) and (r) of the karnataka rent control act, and thus the 'landlord' is entitled to invoke any or all or some of the clauses of section 21 including section 21(1)(c) of the karnataka rent control act.17. ..... therefore, the contention that the principles of section 108(d) of the transfer of property act cannot be imported into the provisions of the karnataka rent control act does not merit consideration. v. ..... aggrieved by the said decision, the tenant preferred a rent revision petition under section 50 of the karnataka rent control act before the additional district judge, hubli. ..... according to him, the principle of section 108(d) of the transfer of property act cannot be imported into the provisions of karnataka rent control act. ..... submitted that if the construction is put up with an intention to use the same during the subsistence of tenancy, it is of no significance as to the nature of materials used for construction and such a construction is a 'permanent struc-ture' within the meaning of section 21(1)(c) of the karnataka rent control act. ..... any construction made by the tenant in the premises outside the 'leased premises' will not attract the provision of section 21(1)(c) of the karnataka rent control act. .....

K.V. Seshagiri S/O Late K.G. Venkoba Rao Vs. State of Karnataka Rep. b ...

Court : Karnataka

Reported in : 2009(4)KarLJ182

..... support of the contentions, he relied on the following decisions:in the case of h s shinas raghavachar & others 1987(2) scc 692, it is held thus:tenancy and land laws karnataka land reforms act, 1961 - section 44(1)(as amended by karnataka land reforms (amendment) act, 1 of 1974) - held, intra vires article 39(b) & (c) and not destructive of basic structure of the constitution -amendment act taking away landlord's right to resume possession of tenanted land even where he bona fide required the land for personal cultivation and having ..... unsuccessful inamdar of land has come up with this writ appeal, under section 4 of the karnataka high court act, 1961, to set aside the order dated 26-7-2004 passed by the learned single judge of this court in w.p. ..... air 2000 sc 1676 supreme court held thus:karnataka land reforms act - section 44-conferment of occupancy rights - tenant in possession on relevant date despite resumption order passed in favour of landlord - entire land in his possession gets vested in state government by virtue of section 44 - tenant cannot be refused occupancy rights merely because in proceedings for resumption initiated by landlord, tenant has agreed to forgo his claim to the extent of 50% of the land in his occupation.in the case of ..... 10 of 1962) - sections 25, 48a & 121a - land tribunal and appellate authority rejected the claim of the tenant on the ground that the application for resumption filed by the landlord had been allowed by the district judge by his .....

S.N. Ramesh Vs. Commercial Tax Officer, Intelligence-iii, Bangalore

Court : Karnataka

Reported in : ILR1985KAR3389; [1987]64STC143(Kar)

..... ahmed's case : ilr1985kar1285 , which is later decision, this court while dealing with a case of assessment of a firm under the karnataka sales tax act after its dissolution, has held that an assessment made on a dissolved firm after the service of notice on one of the ex-partners only of the dissolved firm is valid. ..... he claims that the firm was dissolved on 1st april, 1974, and the assessments made thereafter under section 12-a of the act without issue of notices on all the ex-partners of the firm, are illegal and in any event, cannot be enforced against the petitioner. 3. ..... income-tax officer : [1974]93itr138(kar) , a division bench of this court held, relying on the provisions of section 283(2) of the income-tax act, 1961, that notice can be served, after dissolution of a firm on any person who was a partner (not being a minor) in the dissolved firm. ..... in suligavi's case : ilr1980kar1461 , a division bench of this court has held that service of notices of demand on all the ex-partners under section 13 of the act was necessary before recovery proceedings could be initiated against all or any of the ex-partners of the dissolved firm for recovery of tax due from the dissolved firm. in p. k. ..... it may be noticed that the decision of the supreme court in raja reddy mallaram : [1964]51itr285(sc) was rendered under section 44 of the indian income-tax act, 1922, in the case of an association of persons (aop) which had discontinued its business. .....

Hosabayya Nagappa Naik and ors. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : ILR2002KAR1342; 2002(3)KarLJ53

..... learned counsel for the appellants has furnished a list of decisions interpreting the provisions of section 34 of the karnataka land revenue act and submits that as per rule 26-c of the karnataka land reforms rules while disposing of an application under section 77-a of the act an enquiry to be conducted is summary in nature and as indicated in section 3434 of the karnataka land revenue act and the judicial consensus by understanding the scope of section 34 of the karnataka land revenue act has been that the parties should be accorded an opportunity to lead their evidence ..... drawing parallel to the proceedings contemplated under rule 17 to be followed by the land tribunal while considering the application under section 45 of the act for which an enquiry as under section 48-a is to be conducted by the land tribunal, submits that even the enquiry contemplated to be followed by the land tribunal under rule 17 has to be in the form of a summary enquiry under section 34 of the karnataka land revenue act,1964 and as such submits that to this extent the enquiry whether under rule 17 or under rule 26-c is ..... . having regard to these distinctions we are of the view that the scope of enquiry under section 26-c is to be understood for this purpose and not as though it is an enquiry as contemplated under section 48-a of the act though for enquiry under either section, section 48-a or 77-a, it is mentioned to be a summary enquiry as contemplated under section 34 of the karnataka land revenue act .....

Ashok Gramodyoga Sahakara Sangha Ltd. Vs. Commissioner of Commercial T ...

Court : Karnataka

Reported in : [1993]90STC491(Kar)

..... learned counsel for the petitioner, on the other hand, contended that there is no such provision similar to section 105 of the code of civil procedure enacted in the karnataka sales tax act. ..... then approached the karnataka appellate tribunal under section 22 of the act. ..... when the first appellate authority gave a finding earlier, it gave rise to a cause of action to the assessee to object to the said order, but the assessee did not avail of the opportunity of filing an appeal under section 22 and if so, the earlier order of the appellate authority became final to that extent. 6. ..... second question, the appellate authority remanded the matter for fresh consideration by the assessing authority with a direction that the benefit of set-off shall be extended under the fourth schedule to the karnataka sales tax act, 1957 (hereinafter referred to as 'the act'). ..... as per section 20(5) of the act, the appellate authority is competent to confirm, reduce or annul the assessment and it may also set aside the assessment and direct the assessing authority to make a ..... relevant period, the petitioner had the requisite recognition certificate issued under rule 25-b of the karnataka sales tax rules, 1957. ..... to the first appellate authority lies under section 20 of the act. ..... to refer to other aspects of the said sub-section of section 20. 4. ..... an appeal to the appellate tribunal by any person 'objecting to an order' passed by the assistant commissioner or the deputy commissioner under section 20, etc. 5. .....

J.S. Udupi Vs. Commissioner of Commercial Taxes in Karnataka

Court : Karnataka

Reported in : [1993]88STC411(Kar)

..... to complete the narration, we may also state here that if the tax demanded is not paid within 21 days from the said date of demand which was 12th april, 1978 in the instant care, penalty under section 13(2) of the karnataka sales tax act, 1957, stood attracted automatically. ..... on 17th august, 1984, a notice was issued by the revenue to the appellant demanding the arrears of tax and penalty thereon under section 13(2) of the karnataka sales tax act, 1957. ..... even if the instructions are opposed to the plain language of the statutory provision, still the instructions are binding on the subordinate authorities in view of section 3-a of the karnataka sales tax act. 11. in k. p. ..... if after the expiry of 21 days, the tax due remains unpaid, they should take action for recovery of the arrears together with penalty under section 13(2) as applicable, as per provisions of the karnataka sales tax act.' 6. ..... the commissioner opined that this was a fit case to act under section 22-a of the act, since according to him, the order of the appellate authority was erroneous in so far as it was prejudicial to the ..... the learned government advocate referred to section 13(2a) of the act to contend that the commissioner had no competence to make any order giving up of the penalty and the effect of clause 13 will be to give up the statutory ..... of income-tax : [1985]151itr172(kar) [fb]; (1984) ilr 2 kar 1387, we are of the view that what is provided in section 13(2) of the act is only interest and not penalty.' 9. .....