Judgment Search Results Home > Cases Phrase: karnataka land restriction on transfer act 1991 section 3 prohibition on transfer of lands acquired by government Court: supreme court of india Page 1 of about 171 results (0.180 seconds)

Bangalore Medical Trust Vs. B.S. Muddappa and Others

Court : Supreme Court of India

Reported in : AIR1991SC1902; JT1991(3)SC172; 1991(2)SCALE131; (1991)4SCC54; [1991]3SCR102; 1991(2)LC415(SC)

..... this restriction against allotment of public parks and play grounds is further emphasised by section 3 of the karnataka act 18 of 1991 which reads:section 3. ..... power of authority to lease, sell or transfer property-subject to such restrictions, conditions and limitations as may be prescribed, the authority shall have power to lease, sell or otherwise transfer any movable or immovable property which belongs to it, and to appropriate or apply any land vested in or acquired by it for the formation of open spaces or for building purposes or in any other manner for the purpose of any development scheme. ..... it is contended on behalf of the appellant that section 38a prohibiting sale or any other disposal of land reserved for 'public parks or play grounds', and section 16(l)(d) requiring that 15 per cent of the total area of the layout be reserved for public parks and play grounds, and an additional area of not less than ten per cent of the total area of the layout for civic amenities, were enacted subsequent to the relevant orders of the government dated 27.5.1976 and 11.6.1976 ..... , as may be prescribed, the bda has the power to lease, sell or otherwise transfer any movable or immovable property which belongs, to it, and to appropriate or apply any land vested in it or acquired by it for the formation of 'open spaces' or for building purposes or in any other manner for the purpose of any development scheme. .....

Shayara Bano Vs. Union of India and Ors. Ministry of Women and Child D ...

Court : Supreme Court of India

..... v. state of karnataka, (2011) 9 scc1 dealt with the constitutional validity of the roerich and devikarani roerich estate (acquisition and transfer) act, 1996, the legal validity of section 110 of the karnataka land reforms act, 1961, notification no.rd217lra93dated 8-3-1994 issued by the state government thereunder and the scope and content of article ..... , and wakfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision 34 (2) where the prescribed authority refuses to accept a declaration under sub-section (1), the person desiring to make the same may appeal to such officer as the government may, by general or special order, appoint in this behalf, and such officer may, if he is satisfied that the appellant is entitled to make the declaration, order the ..... any right to say that these are not essential parts of religion and it is not open to the secular authority of the state to restrict or prohibit them in any manner they like under the guise of administering the trust estate. ..... so, what steps have been taken to effect reconciliation; (f) the terms of any agreement regarding maintenance and habitation of the wife and the children of the marriage, if any, and the division of any assets acquired through the joint effort of the parties, if any, or where no such agreement has been reached, the applicant s proposals regarding those matters; and (g) particulars of the order sought. ..... deptt., ex p brind [1991 ac696 (1991) 1 all er720 ac .....

The Printers (Mysore) Ltd. Vs. M.A. Rasheed and ors.

Court : Supreme Court of India

Reported in : JT2004(4)SC158; (2004)3MLJ132(SC); 2004(4)SCALE192; (2004)4SCC460; 2004(2)LC1300(SC)

..... the act three different sets of rules had been framed and interpreting section 38 thereof, it was held that the provisions of the rules would govern the transfer of land. ..... the state government; or(ii) to the central government, or(iii) to any corporation, body or organisation owned or controlled by the central government or the state government; or(iv) to any housing cooperative society registered under the karnataka cooperative societies act, 1959 (karnataka act 11 of 1959); or(v) to any society registered under the karnataka societies registration act, 1960 (karnataka act 7 of 1960); or(vi) to a trust created wholly for charitable, educational or religious purpose; provided that prior approval of the government shall be obtained for allotment of land to any ..... notwithstanding anything contained in this act or development scheme sanctioned under this act, the authority may, subject to any restriction, condition and limitation as may be prescribed, make bulk allotment by way of sale, lease or otherwise of any land which belongs to it or is vested in it or acquired by it for the purpose ..... in details the provisions of the said act vis-a-vis the karnataka industrial areas development act, 1966. ..... the state of karnataka has framed three rules under the act, namely, (i) bangalore development authority (allotment of sites) rules, 1982; (ii) bangalore development authority (allotment of buildings under self financing housing scheme) rules, 1982; and (iii) bangalore development authority ( .....

Vinodchandra Sakarlal Kapadia Vs. State of Gujarat .

Court : Supreme Court of India

..... two such cases are as follows:- a) section 4 of the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1974 prohibits transfer of granted lands which expression is defined in section 3(b) to mean any land granted by the government to a person belonging to any of the scheduled castes or the scheduled ..... are called upon to decide as to whether section 63 of the bombay tenancy and agricultural lands, act, 1948 (for short the bombay tenancy act ) debars an agriculturist from parting with his agricultural land to a non-agriculturist through a will so also, whether section 43(1) of the tenancy act restricts transfer of any land or interest purchased by the tenant under sections 17b, 32, 32f.321. ..... the position will, however, be somewhat different where the transferees have acquired such granted lands not in violation of any term of the grant or any law regulating such grant as also where any transferee who may have acquired a defeasible title in such granted lands by the transfer thereof in contravention of the terms of the grant or any law regulating such grant has perfected his title by prescription of time ..... executed a registered will on 24.01.1991 in favour of vinodchandra sakarlal kapadia, the appellant herein purporting to bequeath the said land to the appellant. ..... demise of samubhai on 02.02.1991, vide mutation no.2141 certified on 20.06.1991, the name of the appellant came to be recorded in the revenue records as owner of the said land. .....

Guntaiah and ors. Vs. Hambamma and ors.

Court : Supreme Court of India

Reported in : AIR2005SC4013; 2005(5)ALD78(SC); JT2005(6)SC347; 2005(5)KarLJ304; 2005(4)KLT227(SC); (2005)6SCC228

..... the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands), act, 1978 [hereinafter being referred to as 'act 2 of 1979'] came into force on 1.1.1979. ..... case, it is just and reasonable to permit such alienation either for purposes of acquiring some other land or for any other purpose:provided further that nothing in this clause shall apply to;(a) the alienation of any land in favour of the state government or co-operative society as security for loans obtained for improvement of the land or for buying cattle or agricultural implements for the cultivation of the land, or alienation of any land in favour of the indian coffee board as security for loans advanced by the ..... at the time of the grant, a condition had been imposed for protecting the interests of the original grantees in the granted lands by restricting the transfer of the same. ..... section 5 of act 2 of 1979 provides that an assistant commissioner, on application by any interested persons or on information given in writing by any person, or suo-motu, after such inquiry, if he is satisfied that the transfer of any granted land is null and void as provided under sub-section (1) of section 4, may by order, take possession of such land after giving a reasonable opportunity of being heard to the person evicted, and restore the land to the original allottee. .....

T.R. Thandur Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1996SC1643; (1996)2GLR463; JT1996(4)SC14; 1996(0)MPLJ905; 1996(3)SCALE322; (1996)3SCC690; [1996]Supp1SCR26

..... the undue hardship must be a direct consequence of the application of the provisions in chapter iii which provides for the restriction on the entitlement to hold any vacant land in excess of the ceiling limit prescribed and further prohibits the transfer of the excess vacant land which vests in the state government in the manner provided in section 10 and the owner is entitled only to the amount specified in section 11 of the act. ..... section 20(1)(b), the state government can only exempt such excess vacant land from being acquired ..... it only provides for exemption of such land from being acquired and vested in the state government or for non-declaration of it as an excess land or for the retention of the same with the holder and that too subject to certain conditions which may he prescribed ..... of chapter iii is economic in nature because of the compulsory acquisition of the excess vacant land in lieu of the amount payable under section 11, apart from deprivation of the benefit of the use of the acquired land. ..... under the karnataka ownership flats (regulation of the promotion of construction, sale, management and transfer) act, 1972 the promoter ..... for reasons more than one.in the first instance, the central object of the act, as is evident both from the preamble as well as the statement of objects and reasons, is to acquire vacant land in excess of the ceiling area and to prevent speculation and profiteering in the same and also to distribute the land equitably to subserve the common good. .....

Samatha Vs. State of A.P. and ors.

Court : Supreme Court of India

Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305

..... rajeev dhavan, learned senior counsel for the appellant, contended that the word 'person' in section 3(1)(a) requires interpretation, keeping in view the contextual constitutional history of prohibition on transfer of the land by a tribal to a non-tribal including that of the government land differently depending upon the context in which it has occurred in the first part of section3(2)(a) ..... of the fifth schedule restricts transfer of land by or among members of the scheduled tribes; clause (b) regulates the allotment of land to members of the scheduled tribes in such area; and clause (c) regulates money-lending business by non-tribals to members of the scheduled tribes in scheduled area and para 5(3) gives power to the governor to regulate by law or to repeal or amend any act of parliament or of ..... the respondent that where the property is acquired by the government on payment of compensation or it becomes the property at the disposal of the government, such property, undoubtedly, has to be disposed of in favour of the member of the scheduled tribe or a co-operative society of the scheduled tribes but the government also retains the power and choice to ..... government's counter-affidavit that by operation of section 11 (5) of the mine and mineral (regulation and development) act, 1957 (for short the 'mining act'), as amended by state act, on and from august 14, 1991 ..... karnataka, the bombay tenancy and agricultural lands act, 1948 was made applicable in bombay region of the karnataka .....

M/S Larsen and Toubro Limited and anr. Vs. State of Karnataka and anr.

Court : Supreme Court of India

..... or the commercial complexes would be handed over to the purchasers who would get an undivided interest in the land also; the owners of the land would then transfer the ownership directly to the society formed under the karnataka ownership flat (regulation of the promotion of construction, sale, management and transfer) act, 1972 (for short, kofa ). ..... of the apartment which forms the subject matter of the purchase, but also an undivided interest, described as a percentage in the common areas and facilities; (c) the amendment to section 2(24) clarifies the legislative intent that a transfer of property in goods involved in the execution of works contract including an agreement for building and construction of immovable property would fall within the description of a sale of goods ..... exercise of the legislative power of the state under entry 54 in list ii to impose tax of the nature referred to in sub-clauses (b), (c) and (d) of clause (29-a) of article 366 would be subject to restrictions and conditions in regard to the system of levy, rates and other incidents of tax contained in the said law; (iv) while enacting law imposing a tax on sale or purchase of goods under entry 54 of ..... senior counsel submits that the manner in which the state government is expanding scope of section 2(24) on the basis of the decision of ..... purchase of goods includes a tax on the transfer or property in the goods as goods or which have lost its form as goods and have acquired some other form involved in the .....

State of Kerala and anr. Vs. Peoples Union for Civil Liberties, Kerala ...

Court : Supreme Court of India

Reported in : JT2009(9)SC573; 2009(10)SCALE25; (2009)8SCC46

..... kerala scheduled tribes (restriction of transfer of lands and restoration of alienated lands) act, 1975 (31 of 1975) has been filed before publication of this act in the gazette, but the possession or enjoyment thereof, has not been restored to him and such transfer has been validated by the proviso to sub-section (1) of section 5 or the transferee thereof has been made eligible for the retention of said land under sub-section (2) of section 5, shall be entitled to restoration of equal extent of land by way of allotment from the government:provided that where the ..... state of karnataka that in cases where granted lands had been transferred before the commencement of the act in violation of the condition, regarding prohibition, on such transfer and the transferee who had initially acquired only a voidable title, in such granted lands had perfected his title in the granted lands by prescription by long and continuous enjoyment thereof in accordance with law before the commencement of the act, has to be read, for purpose of determining the period of limitation in respect of lands granted with absolute ownership, to mean 12 years .....

S. Nagaraj (Dead) by Lrs. and ors. Vs. B.R. Vasudeva Murthy and ors. E ...

Court : Supreme Court of India

Reported in : 2010(2)SCALE232

..... dave that the order dated 15.6.1979 of the state government sanctioning grant of land in favour of sangha for house sites was void ab initio because of the prohibitions in sections 79a, 79b and 80 of the land reforms act and that if the court holds that the order dated 15.6.1979 was void ab initio on this ground, the earlier decision dated 15.9.1998 of the division bench of the karnataka high court in writ appeal no. ..... we find that chapter v of the land reforms act is titled 'restrictions on holding on transfer of agricultural lands' and the language of sections 79a, 79b and 80 shows that these provisions apply to only 'agricultural lands'. ..... and yet by the order dated 22.12.2003 passed by the minister, revenue, government of karnataka, the vacant civic amenity sites to an extent of 2 acres 34 guntas of the layout plan were directed to be handed over to the inamdars free of cost and the land utilized by the bda for formation of the ring road as per the sanctioned layout plan was directed to be acquired by the bda and compensation paid to the inamdars as if such land was the private property of the inamdars. ..... : (1991) 4 scc 54 this court interpreting section 38-a of the act held that the legislative intent of section 38-a of the aforesaid act was to prevent the diversion of the user of area reserved for public parks or civic amenities or for any other purpose. .....