Court : Karnataka
Reported in : ILR1988KAR2817; 1988(2)KarLJ455
..... a proceedings, his lordship felt compelled to interfere because the court below had adopted a wrong approach and to enable interference with the impugned order, his lordship depended on the authority in american cynamide's case, ilr karnataka 1976(1) 426 as could be seen from para 12 thereof.43. white the above does suffice for vacating the temporary injunction granted by the court and in consequence to allow this appeal, it seems to me that i must take ..... in three plots bought by us in sarakki layout from the bangalore development authority.one of the plots (sector iii) has been allotted to the insurance corporation employees' housing co-operative society limited, in july 1976 and they have developed the houses.in order to have manageable societies and for various considerations, our board has approved that the remaining two plots should be allotted to the following societies :-(1) sector i consisting of 4.46 acres (approximately 60 sites) to bimarasmi co-operative ..... why and when an injunction is granted, the nature and content of an injunction are so lucidly set-out in that decision so as to merit reproduction hereunder :'my lords, when an application for an interlocutory injunction to restrain a deft, from doing acts alleged to be in violation of the plaintiffs legal right is made upon contested facts, the decision whether or not to grant an interlocutory injunction has to be taken at a time when exhypothesis the existence of the right or the violation of it, or both, is .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR3316
..... pursuant to the aforesaid order, the deputy commissioner decided the case by the suo motu exercising the revisional power under section 56 of the karnataka land revenue act, 1964 (hereinafter referred to as the 'act') on 6-11-1979 and set aside the grants made in favour of the petitioners on the ground that rules 6 and 9 of the land grant rules are violated ..... petitioner has sought to distinguish the decision on the ground that the word used in section 22a(2) of the karnataka sales tax act, 1957 is 'exercisable' whereas in the proviso to section 56(3) of the act, the words used are 'exercise power' therefore, it is necessary for the revisional authority to exercise power ..... housing board, village panchayats, co-operative societies and other statutory boards, religious and charitable institutions; grant of land for coffee cultivation; to industrial concerns and for house ..... either call for or receive the records pertaining to the case of the petitioners and in the absence of the records, having regard to the wordings contained in section 56 of the act, no revisional jurisdiction could have been exercised; that the order having been passed beyond the period of three years, the very exercise of jurisdiction having regard to the proviso to sub-section ..... are entitled to grant of land and house sites and vests the power to grant ..... karnataka land grant rules which provide for all the aspects relating to grant of land for agricultural purpose, lease of land to various institutions, societies, boards etc .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR75
..... act, karnataka area development boards act ..... the official gazette declaration stating the fact of such sanction and that the land proposed to be acquired by the authority for the purposes of the scheme is required for a public purpose,' section 19(4) of the act reads as:'if at any time it appears to the authority that an improvement can be made in any part of the scheme the authority may alter the scheme for the said purpose and shall subject to the ..... para 2 of the judgment of the division bench it was ruled thus:'assuming for the sake of argument that the other lands which have been acquired by the trust board have been reconveyed that by itself is not sufficient to hold that the appellants have a legal right in their favour for getting the lands acquired from them reconveyed to ..... power to alter the scheme and any land which is not required after such alteration could be conveyed to the original owner of the land and that is why under section 13 of the act, the bda has got the power to make appropriate resolutions to implement the scheme and the incidental power to recovery the land by making resolutions if the land in question is not required for ..... the supreme court observed as follows after referring to the provisions contained in section 21(2) of the delhi development act, 1957:'we have suggested in the above decision to all development authorities in india to provide a house site to every person whose land is acquired for purposes of city and town extensions at a reasonable price .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1989Bom250; 1988(3)BomCR642; (1988)90BOMLR578; 1989MhLJ165
..... it is the case of the respondents that even after amendment of the bombay entertainment duty act there is increase in the number of video game parlours in the minicipal limits of greater bombay and elsewhere ..... 2 or in any other provisions in relation to the admission on payment contained in this act , there shall be levied and paid to the state government entertainment duty in the case of video game at the following lump sum rates, namely;(a) within the limits of the municipal corporation of greater bombay at the rate of rs ..... in tax matters, the state is allowed to pick an choose districts objects persons, methods and even rates for taxation if it does so reasonably (see , state of karnataka v. ..... taken roy, start e of karnataka v. m/s. ..... the tax contemplated by the act is not a tax on ownership of machine or its ..... if a tax is not levied on an act of entertainment but on carrying on a business or calling of entertainment, it will fall under entry ..... the basis of the above averments the petitioners have challenged the provisions of the bombay entertainment duty act , 1923 as amended by act no.7 of 1987. ..... of the act then it could safely be said that these provisions have identifiable object behind it and the levy ahs a nexus between the subject and object of levy contemplated by the act .10. ..... tax levied is also hypothetical and notional, since it has o nexs with the act of entertainment as such. ..... to the petitioners an entertainment duty or a tax could be levied on an act of entertainment only. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR241
..... allotted, granted or sold;(iii) the purchaser shall not alienate the site within such period as may be specified by the board, except-by mortgage in favour of the government of india, the government of mysore, the life insurance corporation of india or the mysore housing board, or any cooperative society approved by the board, to secure moneys advanced by such government, corporation, board or society for the construction of the building on the site;(b) in the case of a site on which a building has ..... india, the government of mysore, the life insurance corporation of india, or the mysore housing board or any cooperative society approved by the board, to secure moneys advanced by such government, corporation, board or society for the construction of the building on the site; or(b) with the previous approval of the board;(c) in the event of the purchaser committing breach of any of the conditions in clause (a) or clause (b), the board may, at any time, after giving the purchaser reasonable notice, resume the site ..... of the rules of the citb/bda, or contraventions of the conditions of allotments would not result in legitimizing the construction so long as the construction is not opposed to the cdp approved under the karnataka town & country planning act, 1961 (for short, the tcp act).it is also argued that the writ petition was bald and vague and did not raise the requisite plea concerning the site allotment rules or the conditions of allotment. ..... of the city of bangalore 1962 mys.l.j. .....
Tag this Judgment!Court : Kerala
Reported in : (1989)IILLJ301Ker
..... (supra) in that case the learned single judge, considering the provision of karnataka state universities act, observed that:section 49 (6) of the act creates a right in favour of a candidate selected by the board to be appointed and a corresponding duty on the part of the chancellor to appoint a candidate selected, for the post for which the appointment was intended.the learned judge was interpreting section 49(6) of the act which compels a chancellor to make appointment when the list is forwarded to ..... case the appellant was selected for appointment as conductor in the karnataka state road transport corporation and his name was placed on the select ..... in that case the question whether persons selected and recommended by the selection board or public service commission for appointment to a post have any right to be appointed came for decision and in para 12 at page 1281 their lordships observed that:the selection by the commission, however, is only a recommendation ..... observed that a person whose name had been recommended for appointment as a district judge by the high court under article 233(1) had no legal right to the post, nor was governor bound to act on the advice of the high court and therefore he could not ask for a mandamus. ..... the government is made answerable to the house for any departure vide article 323 of ..... challenged on the ground that the order of termination was void which was not found favour with the karnataka high court. ..... tractor ogranisation 1962-i-llj-661 sukhnandan .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR1268; 1989(1)KarLJ309
..... people if-(i) he or his family has in both the two years immediately preceding the first day of april 1979, been assessed to property or house tax in respect of buildings or lands other than agricultural lands, under the karnataka municipal corporations act, 1976 (karnataka act 14 of 1977), the karnataka municipalities act, 1964 (karnataka act 22 of 1964), the karnataka village panchayats and local boards act, 1959 (karnataka act 10 of 1959) or any law governing the municipal or local bodies anywhere in india, provided that the aggregate annual rateable value of such ..... a person who owns land more than the land which a small owner can own under the karnataka debt relief act and who does not make any attempt to cultivate it cannot claim that he belongs to the weaker section of society on the ground that he does not earn any amount.'15. mr. ..... in the statement of objects and reasons which read as under:-'after issue of karnataka debt relief act, 1976, many representations were received from the people suggesting inter alia the following:(i) orders issued by sub-divisional magistrates should be made appealable to the judiciary;(ii) to clear off the debtors who have taken loans 5 to 10 years before the coming of this act into force;(iii) there is no need for enquiry by the sub-divisional magistrates in ..... the learned single judge on considering the entire matter in depth, has found that the application filed prior to the promulgation of karnataka debt relief act, 1980, (karnataka act no. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR2232; 1989(2)KarLJ499
..... licensee shall not exhibit or permit to be exhibited any film other than a film which has been certified as suitable for public exhibition by the authority constituted under section (3) of the cinematograph act, 1952 and which when exhibited displays the prescribed mark of that authority and has not been altered or tampered with in any way since such mark was affixed thereto.'35. ..... , displaying of any photograph, picture or poster which depicts or represent a scene or shot, which has been excised from any film, under the orders of the central board of film censors; no fire work to be used as an adjunct to a cinematograph exhibition; prohibition to transfer licence without permission, the time-limit beyond which the exhibition shall not continue as may be fixed by the licensing authority and ..... kamath the learned counsel for the petitioner and sri shahapur the learned government pleader and after examining in detail the scheme and the purpose of the act, i am of the opinion that the licensing authority is vested with the power to suspend a licence for the breach of any of the conditions of the licence and special conditions, if any, imposed while granting ..... licence is granted by the licensing authority subject to the provisions of the karnataka cinemas (regulations) act and the rules and the conditions specifically imposed while granting the licence.27. ..... part is applicable to the union territories so far as the licensing of cinema-houses situated within those territories is concerned. .....
Tag this Judgment!Court : Delhi
Reported in : 38(1989)DLT357; 1989RLR296
..... section 2(1) of the delhi police act, 1978 defines places of 'public entertainment' as a lodging house, boarding and lodging house or residential hostel and includes and eating house or other place in which any kind of liquor or intoxicating drug is supplied (such as a tavern or a shop where beer, sprit, arrac, toddi, ganja, bhang or opium is supplied) to the public for consumption ..... of the bombay police act, 1951 includes lodging houses & boarding houses in a place of ..... entertainment under the act included lodging houses, boarding houses, hotels, restaurants ..... the act defines the 'place of public entertainment' to mean lodging house, boarding or residential hostel and includes any eating house or other place in which any kind of liquor or intoxicating drug is supplied to the public for ..... neither the act nor the regulations define what is 'lodging house' or ''boarding house'. ..... besides, lodging houses or boarding houses being treated ..... the lodging house or boarding house falls within the normal meaning of the place of public entertainment and are ..... that the alleged action of the authorities would result into monopoly in favor of existing licenses is without any foundation as the process of recognising lodging houses as places of public entertainment and giving them licenses is an on going process and is not frozen as on the date when the police regulations ..... we have recently bombay police act, 1951, karnataka police act, 1963, hyderabad police act making elaborate provisions of control and .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR778; 1989(3)KarLJ318
..... which were noticed during the course of audit of the account of tdb, afzalpur.the details of cases irregularities observed in the expenditure of money due to the taluk board and loss of money and other property referred to in clause (b) and (c) of section 18(i) of the karnataka village panchayats and local boards act, 1959 proposed amount for recovery by the assistant controller local audit circle, gulbarga as detailed below:audit note part no.para no.natureof amount involvedamount proposed for ..... week on receipt of this notice, failure to submit his explanation within the stipulated time it will be presumed that nothing to say in this matter and action will be take as per sections 182(2) and 184(2) of the karnataka village panchayat and local boards act, 1959.please take copy of this notice and return the same. ..... recoveryiii9no physical stock104.00'10-do-1031.25'10(h)(ii)loading and unloading charges off105.00'10(b)(iii)balance amount not credited600.00'11non realisation of cost ofinformation boards.1000.00'12short collection towards sale proceeds of foodgrains5274.00'13-do-3676 ..... counter signature of the controlling authority under the people housing programme and misappropriation of tdb funds of rs. .....
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