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R. Rudraiah and anr. Vs. State of Karnataka and ors.

Court : Supreme Court of India

Reported in : 1998IAD(SC)772; AIR1998SC1070; JT1998(1)SC435; 1998(1)SCALE375; (1998)3SCC23; [1998]1SCR553

..... hence it is argued that the provision relating to the period of limitation mentioned in section 48-a of the land reforms act, 1961 namely 6 months from the commencement of section 1 of karnataka land reforms amendment act, 1978 (act1/1979) - did not come into operation till 22.1.1985 when kittamma's crp 300 of 1985 was dismissed or when appellants crp 653 of 1985 was dismissed on 20.7.1989. ..... chapter 1 thereof deals with 'definitions', chapter ii deals with 'general provisions regarding tenancies like, who are tenants or deemed tenant, rent, termination of tenancies, eviction of tenants, tenants' right to purchase, procedure for taking possession or recovery rent etc. ..... it is also contended alternatively that unless the claims regarding re-grant of the emoluments of the village office under section 5 of the village offices (abolition) act, 1961 were finally decided by the concerned authorities under that act, the period of limitation fixed under section 48-a of the land reforms act, 1961 did not start, inasmuch as it is not possible to specify who the landlord is. ..... further, the respondent 3 and 5 did not, in the re-grant proceedings under section 5 of the village offices (abolition) act, 1961 dispute the right of kittamma regarding re - grant of the share of her husband narasimha murthy and it was only kittamma who disputed the right of her husband's brothers to get two shares. .....

Bhaskar Krishnaji Vs. the State of Karnataka and ors.

Court : Karnataka

Reported in : AIR1975Kant55; 1974(2)KarLJ509

..... chapter i of the act deals with short title, extent and commencement and definitions; chapter ii deals with general provisions regarding tenancies; chapter iii deals with conferment of ownership on tenants; chapter iv deals with ceiling of land-holdings; chapter v deals with restriction on holding or transfer of agricultural lands; chapter vi deals with provisions for cultivation of uncultivated lands; chapter vii deals with co-operative agricultural farms; chapter viii deals with exemptions; chapter ix deals with procedure and jurisdiction of tahsildar and tribunal; chapter x deals with offences and penalties: and chapter xi deals with certain other ..... after the re-organization of states, the legislature of the state of karnataka passed karnataka land reforms act, 1961 (act 10 of 1962) (hereinafter referred to as the act). ..... the preamble of the act states that the act had been enacted as a uniform law in the state of karnataka relating to agrarian reform; conferment of ownership on tenants; ceiling of land-holding, and for certain other matters hereinafter appearing. ..... after the above decision of the supreme court was rendered, the act was amended by the karnataka legislature by act 1 of 1974 by which many of the provisions of the act were amended. .....

Krishna Bhimrao Deshpande Vs. Land Tribunal, Dharwad and Others

Court : Supreme Court of India

Reported in : AIR1993SC883; JT1992(6)SC149; 1992(3)SCALE10; (1993)1SCC287; [1992]Supp2SCR331

..... any land by the karnataka tenants (temporary protection from eviction) act, 1961; (iia) a person who cultivates personally any land on lease under a lease created contrary to the provisions of section 5 and before the date of commencement of the amendment act; (iii) a person who is a permanent tenant; and(iv) a person who is a protected tenant.explanation- a person who takes up a contract to cut grass, or to gather the fruits or other produce of any land, shall not on that account only be deemed to be a tenant.the provisions of chapter iii of the karnataka land reforms act ..... chapter ii of the act contains general provisions regarding tenancy, deemed tenancy, regulation of relationship between landlord and tenant etc. ..... chapters vi to xi have many other provisions regarding agrarian reforms. ..... , agricultural land, urban land or any other kind and it necessarily includes vacant land.with regards the concept of ceiling on urban immovable property and the object underlying in passing the resolution by the several state governments under article 252 it was further observed in the above judgment thus:..a working group was ..... these are all topics regarding the conferment of occupancy rights on the respective tenants and they do not in any way conflict with the subject matter transferred to the parliament by the resolution passed under section 252. .....

Balasaheb Venkatesh Khasbag @ Kulkarni Vs. Land Tribunal

Court : Karnataka

Reported in : ILR1988KAR2326

..... chapter ii of the act contains general provisions regarding, tenancies such as deemed tenants, prohibition against future lease of agricultural lands, rent payable, the regulation of relationship of landlord and tenant, rights of tenants, dwelling houses of tenants etc. ..... the karnataka land reforms act, 1961), lost all its force in an urban agglomeration.one question that arises from the contentions of the learned counsel is: if the state legislation (here, the land reforms act, 1961) was already in existence, having been legislated when the state legislature had admittedly, competence to legislate, whether it will cease to operate immediately on passing of a resolution under article 252 of the constitution, whereby the state legislature ..... petitioner unsuccessfully challenged the order of the land tribunal conferring occupancy rights in favour of respondents 3 to 5 under the provisions of the karnataka land reforms act, 1961 (the act' for short) and hence this appeal.2. ..... therefore, it was argued that, the andhra pradesh land reforms act was unenforceable. ..... the land tribunal and the learned single judge, proceeded on the assumption that the lands in question are within the belgaum urban agglomeration, as defined in the ceiling act and that, the lands are comprised in the area, reserved for non-agricultural purposes in the master plan duly approved under the provisions of the karnataka town & country planning act. .....

K.T. Plantation Pvt. Ltd. and anr. Vs. State of Karnataka

Court : Supreme Court of India

..... (d) there is no repugnancy between the provisions of the land acquisition act, 1894 and the karnataka land reforms act, 1961, and hence no assent of the president is warranted under ..... chapter ii of the act deals with general provisions relating to tenancies, chapter iii deals ..... further the learned author has also opined that the repeal of article 19(1)(f) and 31(2) could have repercussions on other fundamental rights or other provisions which are to be regarded as part of the basic structure and also stated that notwithstanding the repeal of article 31(2), the word compensation or the concept thereof is still retained in article 30(1a) and in the second proviso to ..... while examining the scope of the bihar land reforms act, 1950 conflicting views were expressed by the judges with regard to the meaning and content of article 19(1)(f) and article 31 as reflected in sir ..... whether any particular legislation suffered from excessive delegation, has to be determined by the court having regard to the subject-matter, the scheme, the provisions of the statute including its preamble and the facts and circumstances and the background on which the ..... scc 463, after referring to mcdowell's case (supra) stated as under: that a statute can be struck down if the restrictions imposed by it are disproportionate or excessive having regard to the purpose of the statute and that the court can go into the question whether there is a proper balancing of the fundamental right and the restriction imposed, is well .....

H.S. Srinivasa Raghavachar Etc. Etc. Vs. State of Karnataka and ors.

Court : Supreme Court of India

Reported in : AIR1987SC1518; JT1987(3)SC26; 1987(1)SCALE885; (1987)2SCC692; [1987]2SCR1189

..... the question raised in the several appeals is primarily that of the vires of section 44 of the karnataka land reforms act, 1961 as amended by the karnataka land reforms (amendment) act i of 1974. ..... chapter ii (sections 4 to 43) contained 'general provisions relating to tenancies' and chapter iii (sections 44 to 62) dealt with 'conferment of owner-ship on tenants'. ..... landlord and such of his tenants and other persons as may be affected, and, having due regard to continuity, fertility and fair distribution of lands, and after making such other inquiries as the court deems necessary, determine the land or lands, which the landlord shall be entitled to resume, and shall issue a certificate to the landlord to the effect that the land or lands specified in such certificate has been reserved for resumption; and thereupon the right to resume possession ..... to any of such categories has been separated by metes and bounds before the filing of the statement under sub-section (i), if the court on inquiry is satisfied that the share of such person in the land separated, having regard to the area, assessment, classification and value of the land is in the same proportion as the share of that person in the entire joint family property, and not in a larger proportion, the provisions of the sub-section shall be applicable to such person. (7) x x x x x x x x x(8) x x x x x x x x x2. .....

V. Chandranna and Others Vs. State of Karnataka and Others

Court : Karnataka

Reported in : 1998(5)KarLJ685

..... it pertains to the jurisdiction of the tribunals constituted under section 48 of the karnataka land reforms act, 1961 (hereinafter the 'act').2. ..... of tenancy is raised or involved, is or is not an agricultural land; (bbb)to decide question referred to it under section 133; (bbbb)to issue interim orders under section 48c; (bbbbb)determination of the land to be surrendered under section 67; (c)to hold necessary enquiry (including local inspection) and pass orders in cases relating to registration of agricultural labourers as owners of dwelling houses and land appurtenant thereto under section 38; (d)to perform such other duties and functions as are imposed on the tribunal under the provisions of this act or ..... save as provided in section 66a, on receipt of the declaration under section 66 the tahsildar shall-- (i)verify the particulars contained therein as regards the survey number and the extent of the land; (ii)determine to which class, a, b, c or d, the land belongs; and (iii)place the declaration and the connected records before the tribunal. ..... 67 of the act finds place in chapter iv of the act dealing with 'ceiling on land holdings'. ..... though i called upon the learned advocate general to substantiate with reference to the provisions of the act whether the tribunal has any such power but he could not do so in any convincing manner ..... am right now concerned with the jurisdiction of the tribunal vested under chapter iii of the act which provides for 'conferment of ownership on tenants'. .....

United Precision Engineers Pvt. Ltd., Vs. Kiocl Ltd.

Court : Karnataka

..... chapter iv of the indian stamp act contains provisions regarding ..... face of it since the provision contained in section 37(1) of the karnataka act is a situation where not only the court would have determined the amount of penalty but would have also collected the same and will be sent to the deputy commissioner, yet the deputy commissioner is vested with the power to refund the penalty in the manner provided in section 38 of the karnataka act, 1957 and in that regard, the hon ble division bench ..... the fact that the re-determination is not provided for once, the authority/court impounding the instrument has determined the deficit stamp duty, the purpose for which the provisions under sections 37 and 39 of the karnataka act, 1957 is made and the scope thereof needs consideration insofar as the penalty is concerned.8. ..... it is in that light the court below has taken into consideration the provision contained in article 11 of the karnataka act, 1957 and the stamp duty as provided therein has been applied and after providing deduction for the amount already paid, the balance amount is ..... since the petitioner was unable to pay the stamp duty and penalty as directed, they filed an application under section 37(2) of the karnataka stamp act, 1957 ( karnataka act, 1957 for short) seeking that the same be referred to the deputy commissioner (stamps) and district registrar for determination and collection of stamp duty which is declined by the order dated 10.03.2014, ..... generally, it is the civil .....

United Precision Engineers Pvt Ltd Vs. Kiocl Ltd

Court : Karnataka

..... chapter iv of the indian stamp act contains provisions regarding instruments not ..... on the face of it since the provision contained in 18 section 37(1) of the karnataka act is a situation where not only the court would have determined the amount of penalty but would have also collected the same and will be sent to the deputy commissioner, yet the deputy commissioner is vested with the power to refund the penalty in the manner provided in section 38 of the karnataka act, 1957 and in that regard, the hon'ble division bench has explained ..... be no dispute to the fact that the re-determination is not provided for once, the authority/court impounding the instrument has determined the deficit stamp duty, the purpose for which the provisions under sections 37 and 39 of the karnataka act, 1957 is made and the scope thereof needs consideration insofar as the penalty is concerned.8. ..... since the petitioner was unable to pay the stamp duty and penalty as directed, they filed an application under section 37(2) of the karnataka stamp act, 1957 ( karnataka act, 1957 for short) seeking that the same 3 be referred to the deputy commissioner (stamps) and district registrar for determination and collection of stamp duty which is declined by the order dated 10.03.2014, which is assailed ..... india enterprise having its registered office at, ii block, kormangala bangalore-560 034 represented by its deputy general manager (cp and ts) sri noor ahmed (common) ... ..... generally, it is the civil court which receives the .....

Vikas Sales Corporation and anr. Etc. Etc. Vs. Commissioner of Commerc ...

Court : Supreme Court of India

Reported in : (1996)134CTR(SC)152

..... 2(m) of the karnataka act and held following anraj that having regard to the nature and character of the said licences and their free transferability, they constitute goods, the sale whereof is subject to ..... proprietas; proprius, ones own), the highest right a man can have to anything, being that right which one has to lands or tenements, goods or chattels which does not depend on another courtesy.in its largest sense property signifies things and rights considered as having a money value, especially with reference to transfer or succession, and to their capacity ..... of goods includes every kind of movable property within its ambit, the definition of property says that it includes not merely special property, but general property in goods as well.the general clauses act, 1897 defines 'movable property' to mean 'property of every description except immovable property'. ..... 3 empowers the central government to make provisions by order published in the official gazette for prohibiting, restricting or otherwise controlling the import into and export of the goods ..... the petitioners brought to our notice the meanings of the term 'property' set out in chapter 13, 'the law of property', in salmonds jurisprudence (12th edn. ..... we are unable to see anything in the said chapter 13, which militates against the meanings ascribed to the said expression in the judicial dictionaries ..... in this chapter, several meanings attributed to 'property' are discussed in extenso, to all of which it may not be .....