Judgment Search Results Home > Cases Phrase: karnataka irrigation act 1965 chapter ix penalties and procedure Page 1 of about 298 results (0.099 seconds)

Kanigalla Venkata Subba Rao and ors. Vs. Vice-chairman, Vgtm Urban Dev ...

Court : Andhra Pradesh

Reported in : 2006(5)ALD442; 2006(5)ALT361

..... be permitted to be used contrary to the stipulated user except by amendment of the master plan after due observance of the provisions of the act and rules; (ii) inaction by the government amounts to indirectly permitting unauthorized use which amounts to the amendment of the master plan without following due procedure; (iii) any prayer for regularization has to be considered not only from the angle of those who have set up industrial units in violation ..... chapter x deals with penalties for contravention of the provisions of urban development act and ..... not be permissible in a cemeteries, multipurpose or irrigated machinery tenemental dwelling or flat or junior technical schools, not farms, sewage detached houses, swimming pool, giving rise to smoke noise, or farms.boarding houses, bachelor other nuisance, auditoria,quarters, hotels, bachelor quarters, public assembly halls, sports hotels, clubs and cultural and stadia, transient visitors philanthropic associations of non- camp, taxi and scooters stand, commercial nature, professional bus terminals ..... area comprised within the jurisdiction of municipal corporation of vijayawada and guntur or any municipality constituted under municipalities act, 1965 and such other area declared to be urban area by the government ..... state of karnataka : air2006sc1204 the question before the supreme court was whether under section 14-a of karnataka town and country planning act, 1961, change of land use can be accorded for conversion of use from dwelling to .....

M. Babu Rao and ors. Vs. Deputy Registrar of Co-operative Societies/Of ...

Court : Andhra Pradesh

Reported in : 2005(4)ALD582; 2005(4)ALT327; [2005]126CompCas708(AP); [2005]63SCL339(AP)

..... chapters v to vii deal with the rights and privileges, properties and funds and substantive and procedural provisions relating to audit, inquiry, inspection and surcharge in relation to a society; chapter vii includes provisions regarding settlement of disputes and section 61 in this chapter is one of the provisions which confers arbitral power for recovery of dues of a cooperative society; chapters ix, xi and xii contain provisions relating to winding-up and cancellation of registration of a society, to appeal, revision and review and offences and penalties, respectively; chapter x includes provisions relating to execution of decisions and decrees and ..... 5(c) of the 1949 act and without clearly enacting that the said expression shall have the meaning assigned to it in section 5(c) of the 1949 act as amended by act 23 of 1965 or read with section 56, the provisions of the 1993 act should properly be construed as confined to a banking company which is a 'company' as defined in section 5(d) of the 1949 act, meaning a company as defined in section 3 of the companies act, 1956 (the 1956 act) and including a foreign company within ..... karnataka itc case (44 supra), the majority had held that the provisions of the karnataka agricultural produce marketing (regulation) act, 1966 are invalid as repugnant to the union legislation - the tobacco board act, 1975 and that the 'tobacco' should be excluded from the schedule of the karnataka ..... and board of trustees of letherbridge northern irrigation .....

P. Venkatachalapathi and ors. Vs. Commercial Tax Inspector, Intelligen ...

Court : Karnataka

Reported in : [1965]16STC894(Kar)

..... there is substance in the said attack, the two parts of the section are clearly severable and that the substantive part will remain unaffected by the infirmity, if any, in the procedural part, and may be enforced to achieve the object set out in sub-section (1) even in the absence of the procedural part in view of rule 61 of the mysore sales tax rules providing for a penalty independent of the confiscation of goods under the section. 49. ..... which the authorities functioning under the said statutes are themselves authorised in certain circumstances to confiscate goods answering a particular description and also levy penalty on a person for contravention of certain provisions of the act or rules made thereunder, irrespective of or in addition to whatever liability there may be for payment of excise duties ..... indicate that the goods are necessarily the subject of a transaction in the course of inter-state trade; they may well be goods the turnover in respect of which is subject to tax under the state act; all that is intended by the section is the collection of information to facilitate the identification of the transaction or the liability or otherwise of a dealer within the state or of a dealer liable to pay tax under ..... liability declared by section 44 is undoubtedly a liability to assessment under chapter iv of the act, their lordships held that what is called penalty under section 28 of the act (which is included in chapter iv) is imposed as a part of machinery for assessment of tax .....

Smt. Selvi and ors. Vs. State of Karnataka

Court : Supreme Court of India

..... person to give his specimen handwriting or signature; or impressions of his fingers, palm or foot to the investigating officer or under orders of a court for the purpose of comparison under the provisions of section 73 of the indian evidence act; though we have not been able to agree with the view of our learned brethren that `to be a witness' in article 20(3) should be equated with the imparting of personal knowledge or that an accused does not become a ..... court although may not have any specific provisions in the code of civil procedure and the evidence act, has an inherent power in terms of section 151 of the code of civil procedure to pass all orders for doing complete justice to the parties to the suit.discretionary power under section 151 of the code of civil procedure, it is trite, can be exercised also on an application ..... a communicative gesture may by itself expose a person to `criminal charges or penalties' or furnish a link in the chain of evidence needed for prosecution ..... under this chapter, or any police officer not below such rank as the state government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of ..... karnataka ..... [professor sutherland, `crime and confessions', 79 harvard law review 21, 37 (1965)] the current practice of incommunicado interrogation is at odds with one of our nation's most cherished principles - that the ..... 1965 .....

Vijay Krishna Kumbhar Vs. the State of Maharashtra and Others

Court : Mumbai

Reported in : 2000(2)BomCR293

..... (j) the provisions in chapter-vi from sections 44 to 61 with regard to splitting up of schemes into sections and preliminary schemes is not of relevance for the present purpose except that section 51 empowers the state government after following the procedure to give sanction to the scheme sub-section (3) thereof provides as under:'on and after the date fixed in such notification a town planning scheme shall have effect as if it were enacted in this act. ..... the planning authority has been given powers to require removal of unauthorised development, to stop any unauthorised development in progress and to remove summarily any unauthorised development of a temporary nature, the penalty for unauthorised development or for use otherwise than in conformity with development plan, has been enhanced. ..... 'commenting adversely on the illegal manner in which the reserved site had been leased out to a private party for different user under the orders of the chief minister of karnataka state, the supreme court had this to say :'did the division bench commit any error of law? ..... , : [1965]57itr176(sc) , a case under the income tax act, 1922, while interpreting section 23-a of the act which used the expression that the income tax officer 'shall have regard to' the losses incurred by the company or the smallness of the profits made, the supreme court pointed out that the duty .....

The Dy. Commissioner and Another Vs. Gidda and Others

Court : Karnataka

Reported in : 2012ILR(Kar)2275

..... other enactments applicable to unalternated, villages shall apply to the said inam;(b) all rights, title and interest vesting in the inamdar including those in all communal lands, cultivated lands, uncultivated lands, whether assessed or not, waste lands, pasture lands, forests, mines and minerals, quarries, river and streams, tanks and irrigation works, fisheries and ferries, shall cease and be vested absolutely in the state of mysore, free from all encumbrances:(c) the inamdar shall cease to have any ..... in that regard, a reference to the karnataka forest act, 1963 would indicate that the term reserved forest is contained therein for the first time and chapter-ii relates to the power to constitute, notify and regulate other rights thereunder. ..... the annexures attached to the report indicates that the sketch etc has been looked into and a procedure has been followed.24. ..... ;(ii) declare that certain trees not classed as reserved shall be granted to cultivating raiyats on favourable rates of seigniorage;(iii) provide for placing any area at the disposal of government under special protection, in view to its subsequent settlement and constitution as a state forest or for any other purpose, and prescribe the conditions and penalties attendant on such special protection;10. ..... the appellate tribunal no doubt referred to certain decision of the trustees to permit cultivation and the entry in the pahani for the year 1965-66 as coffee kharab and inam land. .....

K.H.V. Prasad and ors. Vs. Govt. of Andhra Pradesh Rep. by Its Princip ...

Court : Andhra Pradesh

Reported in : 2009(4)ALT71

..... , the andhra pradesh municipalities act, 1965 and the andhra pradesh urban areas (development) act, 1975, the government shall have power to regularize unauthorized constructions made by the owners or individuals, who constructed the buildings unauthorizedly or in deviation of the sanctioned plan upto 30.06.1998, filed voluntary declarations or applications for regularization as stipulated in the various government orders and to regularize the same after levying the penal amount in accordance with the procedure prescribed or the orders issued ..... minor deviations made in the construction of buildings after obtaining sanctioned plan should be regularized(ii) the committee should also go into the issue of regularization of constructions made without obtaining sanctioned plan and suggest whether such constructions made up to this day can be regularized on the condition of submission of building plan to the competent authority and sanction thereof subject to payment of heavy fine/penalty.the high level expert committee has submitted its first report on 17.05.2006 ..... he also made exclusive reference to the brochure published by the respondents while answering various queries of the citizens regarding the penalization scheme under the chapter 'frequently asked questions' in the said brochure. ..... state of karnataka : air 1991 sc 1117 para 15 thereof.5. .....

Shahnaz Ayurvedics Vs. Commissioner of Central Excise

Court : Allahabad

Reported in : 2004(173)ELT337(All)

..... to prove that a particular product falls within a particular chapter of act 1985, lies upon the revenue and not upon the assessee and for the same, evidence is to be adduced and the contents of the products have to be analysed in order to determine as to whether some of them have medicinal values and it is not relevant as to whether the said content ..... further held that the real test to determine regarding the classification of products claimed to be ayurvedic medicines would be to find out as to how the customers, practitioners in ayurvedic medicines, dealers and licensing officials treat the product and where all the ingredients of the products in question are mentioned in the authoritative book of ayurveda, the mere fact that the ingredients are purified or added with some preservatives, does not ..... was accepted by the karnataka high court in premier irrigation equipment ltd. v. ..... but where there has been violation of the principle of natural justice or failure of any rule of fundament procedural or tribunal places erroneous interpretation on the statutory provision, or exceeds its jurisdiction, writ petition can be entertained, even if the statute ..... (2) i impose penalties equivalent to the duty determined under section 11a(2), as indicated ..... [1965]2scr328 , the apex court observed that an interpretation of the provision without giving full effect to the language used, would be unsupport-able and ..... 1965]2scr653 ; siliguri municipality and ..... muar : [1965]56itr67(sc) , and ahmedabad urban .....

D.S. Gowda Vs. Corporation Bank

Court : Karnataka

Reported in : [1985]57CompCas668(Kar)

..... section, the court shall take into account any amounts charged or paid, whether in money or in kind, for expenses, inquiries, fines, houses, premia, renewals or any other charges, and if compound interest is charged, the periods at which it is calculated, and the total advantage which may reasonably be taken to have been expected from the transaction provided that in the case of loans to agriculturists, if compound interest is charged the court shall presume ..... written statement (3) whether the defendant proves that the suit transaction is hit by the usurious loans act (karnataka act) and whether the defendant is entitled to the benefits thereunder as contended ?' 11. ..... the national revenue, as for instance by requiring trade to take out a licence, or to punish the contracting party who fails to furnish certain particulars, the contract the he may have made is not itself prohibited and is in no is the protection of the public or the furtherance of some other aspect of public policy, as contract that fails to comply with the statute is implicitly prohibited.' 57. ..... lay down the guidelines about the methodology of operations, policy, procedure and the rate of interest in financing or advancing loans to various class ..... 47a, the reserve bank itself may imposed the penalty for a contravention or default of the nature referred to in sub-section (3) or sub-section (4) of ..... law of banking, eighth edition (1972), chapter v. ..... of 1965, the name of the act was charged to the banking regulation act (' .....

Ganesh Traders Vs. District Collector, Karimnagar and ors.

Court : Andhra Pradesh

Reported in : 2002(1)ALD210; 2002(1)ALD(Cri)137; 2002(1)ALT611; 2002CriLJ1105

..... inconvenience would ensue in the absence of a clear prescription as to what constitutes 'black jaggery' within the meaning of the 1968 act, the state government is directed to prescribe, by an appropriate instrument, the description, character and composition of 'black jaggery' that would have no other use except for the manufacture of an intoxicant; prescribe procedures for prompt and speedy analysis of 'black jaggery' seized, duly specifying the authority or agency for conduct of such analysis; prescribe the time frame ..... ' this definition is by no means so unhelpful as at first sight may appear; for there are many points of distinction between civil and criminal procedure, and the specification in a statute of any one procedural feature which is peculiar either to the civil or the criminal law will therefore point to the nature of the wrong. ..... chapter vii of the act provides for offences and penalties. ..... state of karnataka, : (1995)1scc574 , has categorically held that no citizen has a right to deal and engage in business of manufacturing, sale of intoxicating substances which are dangerous and hazardous to health. ..... delhi administration, : [1965]1scr7 , it is held: penal statutes are not to be enlarged by implication or extended to cases not obviously within their words and purport. ..... shatwell, 1965 ac 656 at 675], lord radcliff went on to say that in the instant case he had begun by considering the consequences of the apparent meaning of the enactment, and found these disquieting. .....