Court : Karnataka
Reported in : AIR1992Kant57
..... nos.39/1, 39/2a and 39/2b of yediyur-nagasandra village, bangalore, from residential to industrial is violative of the karnataka town and country planning act, the outline development plan, the comprehensive development plan and regulations thereunder and that all consequential actions relating to such violations in land use are void and illegal; that the licences, permissions and certificates of change in land use issued by the concerned authority especially respondents-9, 14 and 16 for location of industries by respondents-17 to 49 are void and illegal. ..... this is in violation of section 353 of the karnataka municipal corporations act, 1976, according to which no place within the limits of the city shall be used for any of the purposes mentioned in schedule x of the act without a licence from the commissioner and except in accordance with the condition specified therein. ..... nos.39/1, 39/2a and 39/2b of yediyur-nagasandra village, bangalore, from residential to industrial is violative of the karnataka town and country planning act, the outline development plan, the comprehensive development plan and the regulations thereunder and that all consequential actions relating to such violation in land use are void and illegal. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR2331; 1995(6)KarLJ620
..... by notification declares that from such and such a date and for such period as may be specified therein and subject to such restrictions and modifications, if any, as may be specified in the notification - (i) the powers and functions of the corporation or a standing committee thereof under the karnataka municipal corporations act shall be exercised and discharged by the commissioner under the ..... made or issued), any commencement certificate or permission granted by the bangalore city local planning authority shall be deemed to have been done, taken, made, issued or granted under the provisions of this act by the bangalore development authority and continue to be in force until it is superseded by anything done or any action taken, any appointment, notification, order, scheme, or bye-law, made or issued, commencement certificate or permission ..... respondent by order dated 12.6.1993 (annexure-g) sanctioned permission for change in land use from industrial purpose to residential purpose subject to payment of revised fee for change in land use and further subject to the terms and conditions that may be imposed by the bda.3. ..... 1956 sc 468), the supreme court analysing the scheme of the lists in schedule vii to the constitution indicated that entries relating to taxation are to be found in the lists at the end clearly demarcating the distribution or conferment of power on the union and the state legislatures to regulate and ..... 22, jakkasandra village, begur hobli, bangalore south taluk, .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR3961
..... of the act which is a charging section are reproduced hereunder:'(4) notwithstanding anything contained in sub-section (1) of section 5-b or section 5-c a tax under this act shall be levied in respect of the sale or purchase of any of the declared goods mentioned in column (2) of the fourth schedule at the rate and only at the point specified in the corresponding entries of columns (5) and (3) of the said schedule on the dealer liable to pay tax under this act on his ..... the finished product sold by the manufacturer, if the purchase of raw material is from goods which are exempted under section 8a or 19-c has affected the business of the petitioner while iron and steel which is manufactured by the new unit, but having the benefit of deferred payment of tax or purchased from old units, or dealers who are second or subsequent dealers are liable ..... have the benefit of tax exemption on the sale of raw material would not be interested to come in the state of karnataka.2) the point of tax under section 5(4) is the first point and if the point has already exhausted in the hand of some earlier dealer then there is no liability of tax on subsequent ..... industries availing incentive and where normal rate of tax is 4% it has to be reduced by tax paid on paddy and when new industries are made to pay full tax on rice with no reduction therefrom as paddy used by them has not suffered tax, there is no difference between new industries and ordinary manufacturers and ..... the central sales tax act 1956. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2007KAR2894; 2008(2)KarLJ342; 2007(3)KCCR1881; 2007(5)AIRKarR292; AIR2007NOC2282
..... , the second defendant filed an application under section 48a of the karnataka land reforms act on 7.4.1979 seeking grant of occupancy rights admitting the ownership of the first defendant to the scheduled property and claiming to be a tenant under him. ..... of the important piece of evidence which they have produced to show that the schedule property is not a joint family property is ex.d4, the registered partition deed between the second defendant and his brothers dated 18.6.1956. ..... 57, 63 and 2 of narasipura village, anandapura hobli, sagar taluk, measuring 1 acre 3 guntas, 29 guntas and 11 gundas was purchased by the second defendant, the plaintiffs father under a registered sale deed dated 2.11.1955 for valuable consideration out of the joint family funds, the said sale deed was executed by sri goviudappa hegde and his sons n.g.mahabalagiri and the first ..... after the sale in the year 1956 the second defendant was put in possession of the properties and he has been enjoying in his own ..... it reads as under:after the sale in the year 1956 this defendant was put in possession of the properties and he has been enjoying in his own right aim* than till now.it is in this context the plaintiff who contends in this case that thus said property is a joint family property,, has not produced any material ..... it is also not in dispute that on 15.6.1956 under a registered partition deed the second defendant separated from the joint family of himself and his brothers by taking his share in the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR241
..... 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. ..... and other professions.uses that are permitted under special circumstances: municipal state and central government offices, public utility buildings, cemetries, golf clubs, hospitals for human care, except those meant for mental treatment philanthropic uses, fuel storage depots, filling stations, huller and floor mills, coffee grinding machines including service industries, with power upto 5 hp for all the above industries as per the list given in schedule ..... 1956]1scr451 , the true scope of the rule that ho amount of evidence can be looked into upon a plea which was never put-forward, was held as, --'evidence let in an issues on which the parties actually went to trial should not be made the foundation for decision of another and different issue, which was not present to the minds of the parties and ..... society for the construction of the building on the site;(b) in the case of a site on which a building has been constructed, the purchaser shall not alienate the site and the building constructed thereon within such period as may be specified by the board, except-(a) by mortgage in favour of the government of india, the government of mysore, the life .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2004Kant395
..... the learned counsel for the appellant, the mysore hindu law women's rights act, 1933, is not applicable to the facts and circumstances of this case and that the parties are governed by the hindu succession act 1956 and contends that the plaintiff being the only daughter of mallegowda and marulamma is entitled to half share in all the plaint schedule properties. ..... counsel for the parties, the following questions will arise for consideration pf this court :(1) when a coparcener died in the year 1940 or 1941 leaving behind him his widow and a daughter, whether the parties are governed by the hindu succession act, 1956 or the mysore hindu law women's rights act, 1933? ..... for the respondents supporting the judgment of the trial court contends that the parties are not covered by hindu succession act 1956 and are governed by the mysore hindu law women's rights act, 1933. ..... by the parties, held that mallegowda died in the year 1941 and that the father of the defendants basavegowda was the karta of the joint family, since the father of the plaintiff died in the year 1941, the plaintiff is entitled to claim a share as per the mysore hindu law women's rights act, 1933 and further held that the properties situated in rudrapura village were also purchased out of the joint family income. ..... except the properties situated in rudrapura village of tiptur taluk, the defendants admitted the remaining suit properties as ..... shashivala village of arasikere taluk had two sons by name, basavegowda and mallegowda. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2001Kant171; 2001(4)KarLJ31
..... is payable at a future date (debitum in praesenti, solvendum in futuro); in the above example if under an agreement of tenancy rent is payable on the 15th of the following month, the rent for january becomes due on february 1, but is payable on february 15; and (iii) contingent debt which becomes payable on the happening of a certain event which may or may not occur, in the above instance the rent for the month of january will not be a debt in the preceding month ..... in the case of pradeshiya industrial and investment corporation of uttar pradesh v north india petrochemicals limited , their lordships of the supreme court while dealing with section 433 particularly clause (e) of the companies act which reads as under: 'if company unable to pay its debts',their lordships observed at paragraph 26 of the said report as under: 'a debt under this section must be a determined or a definite sum of money payable immediately or at a future date'.17. ..... jermons v aliammal , dealing with the expression 'debt' in the context of rule 26(1)(a) of second schedule to income-tax act, their lordships interpreted the expression 'debt' as follows: 'the word 'debt' is used in the order/notice issued under the income-tax act in the same meaning in which it is used in section 60 of the civil procedure code. ..... 305 within the time fixed by the hon'ble high court of karnataka, bangalore. 4. ..... 306/1 of budamaranahalti village in favour of the plaintiff the opposite party. .....
Tag this Judgment!Court : Karnataka
Reported in : [2009]316ITR468(KAR); [2009]316ITR468(Karn)
..... (since amended):whether, on the facts and in the circumstances of the case, the tribunal right in holding that the profits of eligible business computed in accordance with law, requirements of parts ii and iii of schedule vi to the companies act, 1956, should be reduced by income from coffee sales, arecanut sales, loan receipts, interest and subsidy from tea board, for the purposes of computing the deduction allowable under sub-clause (ii) of clause (b) of section 32ab(1)?17. ..... (2) whether in view of the provisions of section 32ab(3) of the act, the tribunal was justified in excluding the interest which formed part of the profits computed in accordance with parts 2 and 3 of schedule vi to the companies act, 1956, for the purpose of quantifying the deduction under section 32ab of the act? ..... the assessing officer brought to tax the surplus out of the recovery made by the appellant, over and above the expenditure incurred by the assessee, holding the same to be the revenue receipts without accepting the assessee's contention that surplus was held by it only on behalf of the government of karnataka in a fiduciary capacity, thus the same could not have been brought within the net of taxable income.8. ..... seshachala submitted that now the questions projected herein are no more res integra, as the same have been set at rest by a recent full bench judgment of the kerala high court reported in parry agro industries ltd. v. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1972Kant228; AIR1972Mys228
..... of the third defendant on the ground that there was likelihood of breach of peace in respect of certain wet lands and certain lands belonging to the plaintiff and defendants 1 and 3 in the court of the first class magistrate, virajpet the learned magistrate passed an order in those proceedings that the third defendant was in possession of 3 acres and 80 cents of wet lands and 11-39 acres of bane lands as on 26-5-1955, the date on which the preliminary order was passed, mentioning therein the ..... and by virtue of article 47 of the schedule and of section 28 of the act, is another name for a suit for recovery of possession and a mere device to evade the provisions of the statute.10. ..... 35 of 1955, dated 7-5-1956, that the third defendant was in possession of 3.8 acres of wet lands forming the eastern portion of the wet lands described in the suit schedule and 11,39 acres of bane lands no. ..... 142/1, which lay to the eastern side of the said 3.8 acres of wet lands in kothur village, contended that the plaintiff having not brought the suit within three years from the date of that order namely from 7-5-1956, the present suit, is barred in view of article 47 read with section 28 of the limitation act, 1908.9. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR3265
..... according to section 12, outline development plan shall generally indicate the manner in which the development and improvement of the entire planning area within its jurisdiction are to be carried out and regulated and in particular it shall include-(a) general land-use plan and zoning of land-use for residential, commercial, industrial, agricultural, recreational, educational and other public purposes ; (b) proposals for roads and highways; (c) proposals for the reservation of land for the purposes of the union, any state, any ..... the absence of comprehensive development plan or the master plan, as the case may be, will not avoid the applicability of the provisions of the act to lands in question.undisputedly, these lands are earmarked in outline development plan for residential, industrial and other purposes and at any rate they are not earmarked for agricultural purposes. ..... as per rule 41 of the karnataka planning authority (amendment) rules, 1977, to prepare comprehensive development plan, planning authority has to conduct necessary surveys prescribed in rule 42 and synthesize the data so collected to the proposals in the plan and work out proposals for various uses to accommodate the future population expected within the time target of 15 to 20 years. ..... 5, 6 and 8/1 situate at ayodya village, hubli taluk, dharwad district belonging to petitioners respectively are situate, undisputedly, within hubli-dharwad urban agglomeration area. ..... 56/1, 57/1, 58/1, situate at unkal village. .....
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