Court : Karnataka
Reported in : AIR2009Kant10; 2009(1)KarLJ328
..... inter alia that though the superintendence, direction and control of the preparation of the list of voters and conduct of all elections of the municipal corporations is vested in the state election commission under article 243-a of the constitution of india read with section 55 of the karnataka municipal corporations act, 1976, the state election commission is not the prescribed authority for undertaking the delimitation of wards and the reservation of seats for the bangalore mahanagara palike, it is also asserted that the state election commission has addressed several letters to the state government to conduct elections to the urban local bodies. ..... therefore, recourse to section 509 of the municipal corporations act, 1976 which is meant for enabling the government to remove certain difficulties which may arise in giving effect to the provisions of the act is not justified under the present circumstances. ..... in the light of the law declared by the apex court in the aforementioned judgment, the contentions urged by respondents 1 & 2 stating that due to merger or amalgamation of different urban local bodies and panchayats into the mahanagara palike to establish what is known as bruhat bangalore mahanagara palike, it had become necessary to appoint an administrator and defer the elections, cannot be accepted as a legal and justifiable ground to postpone the elections and continue the affairs of the local body by appointing an administrator.17. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the expression road margin had not been defined either under the ktcp act, kuda act, karnataka municipal corporation act or any other statutory provision till recently when the expression road margin has been defined under the zoning regulation, 2023.26. ..... . (2) any person intending to form an extension or layout, or to make a new private street shall send to the commissioner a written application with plans and sections showing the following particulars :- (a) the laying out of the sites of the area upon streets, lands or open spaces ; (b) the intended level, direction and width of the street ; 18 (c) the street alignment and the building line and the proposed sites abutting the streets ; (d) the arrangement to be made for levelling, paving, metalling, flagging, channelling, swearing, draining, - 244 - nc:2023 ..... khc-d:12094-db wa no.100266 of 2022 and connected matters107 in the facts and circumstances of the instant case, in the light of admissions, on the part of the respondent authorities that the private road measuring 414 sq m was private property never acquired by pune municipal corporation or the state government, the respondents had a public duty under section 91 to appropriately modify the scheme and to show the private road as property of its legitimate owners, as per the property records in existence, and or in the award of the arbitrator. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2000Kant78; 1999(5)KarLJ467
..... under section 96 government has also been conferred power to issue directions to the corporation or the commissioner as specified or for the purpose specified in section 96 of the karnataka municipal corporations act, but that will not make the employee or the officer under the corporation to be the officer holding office of profit under the state government, particularly the one who is appointed by the authorities of the corporation or the corporation itself. so ex. p. ..... he admitted that service conditions were governed by the karnataka municipal corporations act, 1976, the karnataka education act, 1983 and the karnataka grant-in-aid for secondary service schools, 1966. ..... he submitted that there is no doubt grants-in-aid received by the corporation for the school, but the said amount received as grant-in-aid becomes part and parcel of the funds of the municipal corporations and the school and the salaries is paid out of the funds under the control of the corporation. ..... the power to make appointment and removal of the post of teacher in local authority institution being vested in its commissioner, in the present case hubli-dharwad corporation, the power of government to issue directions to the commissioner, through its own director did not render the 1st respondent to be employed as the officer holding office of profit under the state government. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC288; JT1994(6)SC496; 1994(4)SCALE447; (1994)6SCC572; [1994]Supp4SCR262
..... sub-section 2 of section 108 of the karnataka municipal corporations act, 1976 provides for levy of property ..... this appeal preferred against the judgment of the karnataka high court, the question that arises is whether the suit filed by the appellants in the civil court questioning the revision of property tax in the year 1984 is not barred by virtue of rule 25 contained in part-i of schedule-iii of the karnataka municipal corporations act, 1976? ..... municipal corporation of delhi : [1993]3scr522 , where again the entire case law on the subject has been reviewed and principles reaffirmed ..... plaintiffs 1 and 3 are two of the house-owners within belgaum municipal corporation, the second plaintiff is an association of house-owners within the said corporation limits. ..... where there is an express bar of the jurisdiction of the court, an examination of the scheme of the particular act to find the adequacy or the sufficiency of the remedies provided may be relevant but is not decisive to sustain the jurisdiction of the civil court.where there is no express exclusion the examination of the remedies and the scheme of the particular act to find out the intendment becomes necessary and the result of the inquiry may be decisive. ..... 19 confers a suo-moto power of revision on the divisional commissioner of the revenue division to be exercised in cases where any assessment or an order is prejudicial to the interests of revenues of the corporation. ..... it fixes a certain ceiling beyond which the tax cannot be .....
Tag this Judgment!Court : Karnataka
Reported in : 1998(5)KarLJ560
..... has been committed by the learned district judge in disposing off the matter under section 471 of the karnataka municipal corporations act, 1976.both the revisions tested on the yardsticks provided by and under section 115 of the code of civil procedure appear to be devoid of merits and substance and as such are hereby dismissed.costs to be borne by the parties respectively. ..... to the commissioner in respect of all the three works and such letter was placed before the corporation, which ..... the section empowers the high court to satisfy itself upon three matters (a) that the order of the subordinate court is within its jurisdiction; (b) that the case is one in which the court ought to exercise jurisdiction; and (c) that in exercising jurisdiction the court has not acted illegally, that is, in breach of some provision of law, or with material irregularity, that is by committing some error of procedure in the course of the trial which is material in that it may have affected the ..... that if the court has not committed any breach of law and has followed necessary procedural rules, thereafter when it after the consideration of material on record arrives at certain findings of facts, the high court has no jurisdiction to interfere, unless it shows that the decision on question of facts or law is of such nature that it touches the jurisdiction of the court, i mean to say where there is no erroneous findings of fact on question of jurisdictionalfact or law, touching or affecting the jurisdiction. .....
Tag this Judgment!Court : Karnataka
..... declare section 7 of the karnataka municipal corporation act, 1976 in so far as it enables the member of the house of the people, mla, members of legislative council and members of council of states to vote in the meeting called for the purpose of the electing the offices of mayor, deputy mayor and other office bearers of the corporation, ..... the proviso contained in section 7 (1) (b) of the act, the nominated persons are certainly debarred from voting in the meeting, but sections 7 and 10 of the act and rule 72-d of the election rules bestows ample right to vote and the right to participate in the election of mayor and the deputy mayor, upon the mps, the mlas and the ..... five persons in case of other city corporations nominated by the government from amongst the residents of the city,- (i) who are persons having special knowledge and experience in municipal administration or matters relating to health, town planning or education; or (ii) who are social workers; (c) the members of the houses of people and the members of the state legislative assembly representing a part or whole of the city whose constituencies lie within the city 2 [x x x]; (d) the members of the council of state ..... the local self-government institutions had become weak and inefficient over a period of time, the parliament in its wisdom felt that it is essential that the mps, the mlas and the mlcs, with their vast political experience and knowledge, should be included as a part and parcel of the municipal corporations .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2001Kant359
..... chapter x of the act namely the karnataka municipal corporation act, 1976 read with section 148 of the act will apply. ..... section 443 makes a general provision with reference to licences, registrations and permissions and section 443(1) provides that the licence will specify the period for which and the restrictions, limitations and conditions subject to which the same is granted and it shall be signed by the commissioner ..... leviable by the quarter till the first day of april then next ensuing; (b) on or before the day on which a notice is issued under this section, the corporation shall publish further details as may be required, as regards the dates on which the tax or the instalments, if any, thereof, shall be payable; (c) if the levy of tax, or of a special portion of a tax, has been sanctioned for a fixed period only, the levy shall cease at the conclusion of that period, except in regard to the unpaid arrears which may have become due during the period. ..... the present case, for determining the present question as raised in the case, the technical distinction between tax and fee may not be material and relevant in view of the definition of the expression 'tax' as given in the act vide section 2, sub-section ..... fee is charged for rendering specific services a certain element of quid pro quo must be there between the service rendered and the fee charged so that the licence fee is commensurate with the cost of rendering the service although exact arithmetical equivalence is not expected. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2004Kant283
..... the karnataka municipal corporations act defines the word 'market' at section 2(19) and the regulation of private markets are dealt at sections 371 to 377. ..... fees to be charged in such markets, as he thinks fit--(a) grant or refuse to grant or renew such licenses; or(b) withhold the licence until the owner or occupier executes such works as may be specified in the order :provided that the commissioner shall not refuse or withhold such licence for any cause other than the failure of the owner or occupier thereof to comply with some provisions of this act or some regulation made under section 422 or some bye-law made under section 423 without the approval of the standing committee. ..... the karnataka municipal corporations act, although, brought into effect from the year 1976, but most of the provisions are borrowed from the erstwhile enactments of the yore. ..... for consideration in this case would be the definition of the 'market' and sections 371, 372, 374, which are extracted hereunder for convenient reference:section 2(19):'market' includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, livestock, food for livestock, meat, fish, fruits, vegetables, flowers, animals intended for human food or any other articles of human food whatsoever, with or without the consent of the owner of such place, notwithstanding that there ..... the construction of private commercial complex in the cities has become a quite common feature.12. .....
Tag this Judgment!Court : Karnataka
..... these writ petitions, having been heard and reserved, coming on for pronouncement of order, this day, the chief justice pronounced the following: order factual matrix these petitions concern the general elections of the bruhat bengaluru mahanagara palike (for short the bbmp ) which is a municipal corporation constituted in accordance with sections 6 and 7 of the karnataka municipal corporations act, 1976 (for short the said act of 1976 ). ..... by the amendment act to the provisions of the said act of 1976: (a) a proviso is added to clause (a) of sub-section (1) of section 7 of the said act of 1976 providing that in case of bbmp, the councillors shall not be less than 225, but not more than 250, as the government by a notification determine; (b) sub-section (2a) was added in section 21, providing for the state government constituting a delimitation commission for recommending to the state government the manner of delimitation of wards in each corporation and (c) clause (a) of sub-section (1) of section 21 was amended to provide that finalization of the wards (delimitation of wards) shall be made by the state government on the basis of the recommendation of the ..... (2-b) a casual vacancy created by the resignation of the commissioner under sub-section (5) or for any other reason may be filled by fresh appointment: provided that such appointment shall be made as soon as may be, within one month from the date of the vacancy. .....
Tag this Judgment!Court : Karnataka
..... these writ petitions, having been heard and reserved, coming on for pronouncement of order, this day, the chief justice pronounced the following: order factual matrix these petitions concern the general elections of the bruhat bengaluru mahanagara palike (for short the bbmp ) which is a municipal corporation constituted in accordance with sections 6 and 7 of the karnataka municipal corporations act, 1976 (for short the said act of 1976 ). ..... by the amendment act to the provisions of the said act of 1976: (a) a proviso is added to clause (a) of sub-section (1) of section 7 of the said act of 1976 providing that in case of bbmp, the councillors shall not be less than 225, but not more than 250, as the government by a notification determine; (b) sub-section (2a) was added in section 21, providing for the state government constituting a delimitation commission for recommending to the state government the manner of delimitation of wards in each corporation and (c) clause (a) of sub-section (1) of section 21 was amended to provide that finalization of the wards (delimitation of wards) shall be made by the state government on the basis of the recommendation of the ..... (2-b) a casual vacancy created by the resignation of the commissioner under sub-section (5) or for any other reason may be filled by fresh appointment: provided that such appointment shall be made as soon as may be, within one month from the date of the vacancy. .....
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