Court : Karnataka
Reported in : AIR2009Kant10; 2009(1)KarLJ328
..... of objections contending 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 ..... 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 ..... that if any difficulty arises in giving effect to the provisions of this act, the government may, by order, published in the official gazette as the occasion may require, do anything that appears to it to be necessary to remove the ..... the election commission shall complete the elections before the expiry of the duration of 5 years period and not yield to situations that may be created by vested interest to postpone elections from being held within the stipulated time. ..... this provision that the state government is empowered to take action to remove the difficulties that may arise in giving effect to the provisions of the act. ..... has taken place as elections to the legislative assembly were conducted in the state during the month of may 2008. .....
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. ..... 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. ..... g.r.gurumath, senior counsel for sri.mallikarjunswamy b.hiremath, adv for r6) this writ appeal is filed u/s.4 of karnataka high court act, 1961, praying this hon ble court to, may kindly be pleased to allow this appeal and set-aside the judgment and order dated22122021, passed by the learned single judge in writ petition no.104025/2016 by dismissing the writ petition.-. ..... the managing director hubballi - dharwad brts company ltd, 2nd floor, b block, - 171 - nc:2023. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2000Kant78; 1999(5)KarLJ467
..... under the karnataka municipal corporations act, as regards the officers of the corporation and its servants under section 91, power is conferred in the government to make rules regarding conditions of service applicable to the employees of the corporation, which rules may relate to the matters regulating appointment, the tenure of office, service conditions and rules regarding disciplinary ..... it the salaries were paid as well to the teachers of that high school and that the conditions of service of the teachers of that school including respondent 1 were governed by the karnataka state education act, 1983, karnataka municipal corporations act, 1976 and the grant-in-aid code for secondary schools conduct rules, 1966. ..... education in a state unlike the higher education is the special responsibility of its government and as observed earlier the act was passed with the object of enabling the government to take over all basic schools which were being run by the local bodies in the state and to manage them as provided specifically in section 4(2)(cc) of the act and to administer all matters pertaining to the entire basic education in the state through the board consisting mostly of ..... further asserted in his written statement that objections to the nomination of the 1st respondent filed by the election petitioner was duly considered by the returning officer, who passed a considered order as per annexure-d to the election petition and the same did not suffer from any illegality or infirmity. .....
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 ..... that 'subject to any order of the district court or the divisional commissioner or the decision of the taxation appeals committee or the orders passed by the commissioner, the assessment or demand of any tax shall be final.'4. ..... a writ of certiorari may include a direction for refund if the claim is clearly within the time prescribed by the limitation act but it is not a compulsory remedy ..... 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. ..... rule 8 says that the commissioner may after giving notice to the parties concerned and after hearing the objections, if any, amend the books by making the ..... levy and collect the property tax on the basis of fair rent alone, while asking them at the same time to perform all their obligatory and discretionary functions prescribed by the statute may be to ask for the impossible. ..... such an onerous provision may be a ground for entertaining a writ petition on the ground that the alternative remedy provided by the statute is not an adequate or efficacious remedy see himmat .....
Tag this Judgment!Court : Karnataka
Reported in : 1998(5)KarLJ560
..... therefore, in my opinion, no jurisdictional error 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. ..... no doubt in respect of commercial transaction, it has been provided that rate of interest from the date of order till the date of payment, may be at the higher rate than 6 per cent, but not more than the contracted rate or not higher than the bank rate. ..... he further submitted howsoever erroneous a finding may be or even if the other view may be possible to be had but section 115 of the code of civil procedure, does not confer jurisdiction on this court to interfere with the findings. ..... i may mention that the learned counsel for the applicant in this revision contends his case to be one of the court's below's acting illegally or with material irregularity in exercise of jurisdiction and as to what is the meaning of court's acted illegally or with material irregularity under clause (c) of section 115 of the code, the meaning of this phrase has been explained in these two decisions of the privy council in the case of n.s. .....
Tag this Judgment!Court : Karnataka
..... praying to 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, as unconstitutional and ..... than thirty and more than two hundred as the government may, by notification determine; (b) not exceeding ten persons of the total number of councilors in the case of bruhat bangalore mahanagara palike and not more than 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 ..... of the people as expressed in the direct election of the councilors, the mps, the mlas and the mlcs should not be permitted to vote in the first meeting held under section 10 of the act, although they may be permitted to vote in the subsequent meetings of the corporation. ..... are vague and ambiguous or where the plain and normal meaning of its words or grammatical construction thereof would lead to confusion, absurdity, repugnancy with other provisions, the courts may, instead of adopting the plain and grammatical construction, use the interpretative tools to set right the situation, by adding or omitting or substituting the words in the statute. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2001Kant359
..... of the act namely the karnataka municipal corporation act, 1976 read with section 148 of the act will apply ..... common question of law as to the interpretation of provisions of the karnataka municipal corporation act, 1976 and similar reliefs have been claimed by petitioners in all these writ petitions ..... under section 127(3) the corporation has to pass this budget and to determine, subject to part iv of the act, the levy of consolidated rates and taxes at such rates as are necessary to provide for the purposes ..... one or other of the taxes specified in section 103 and in such resolution specify so far as may be applicable- (i) the classes of persons or property or of both which the corporation proposes to make liable and any exemptions which it proposes to make; (ii) the amount or rate at which the corporation proposes to assess each such class; (b) when such resolution has been passed, the corporation shall publish in the official gazette and in such other manner as may be prescribed, a notice of such resolution ..... doubt that an estimate of the licence fee has to be included in the budget and therefore the word 'tax' in section 127(3) must be deemed to include the levy under section 548. ..... observed as under :-- '(19) the last argument in this connection which we have to notice was based on sections 126 and 127 of the act section 126 deals with the preparation by the chief executive officer of the corporation called commissioner, of the annual budget. ..... the budget has to include an estimate of .....
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 ..... substantial question of law is framed for consideration:(1) whether a commercial complex is a private market within the provisions of sections 2(19) and 371 of the karnataka municipal corporations act? ..... in a commercial complex where some of the tenements carry on the activity defined under sections 2(19) and 371 of municipal corporations act would be private market and whether to such of the tenements section 374 could be applied for collecting special license fee?7. ..... weights and measures to be used and rents and 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 ..... 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 ..... any new private market without or otherwise than in conformity with a licence issued by the commissioner with the sanction of the standing committee which shall be guided in giving or refusing sanction by the resolutions of the corporation passed under sub-section (1). .....
Tag this Judgment!Court : Karnataka
..... (underlines supplied) 26 thereafter, the order dated 4th march 2020 was passed in the said petition which reads thus: the learned additional government advocate states that a draft notification of determination of the wards in accordance with section 21 of the karnataka municipal corporations act 1976 (for short the said act of 1976 ) has been published yesterday and time of 15 days has been given to ..... force of the said amendment act, sub-clause (a) of sub-section (1) of section 7 provided that the number of elected councillors of a corporation shall not be less than thirty and more than two hundred as the government may, by a notification, determine. ..... act added sub-section (2a) to section 21 providing that the state government shall constitute a delimitation commission consisting of such number of members, as may be prescribed, to recommend the state government the 8 manner of delimitation of wards in each corporation ..... 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 ..... (2) the conditions of service and tenure of office of the state election commissioner shall be such as the governor may by rule determine: provided that the state election commissioner shall not be removed from his office except in like manner and on the like grounds as a judge of a high court and conditions of service of .....
Tag this Judgment!Court : Karnataka
..... (underlines supplied) 26 thereafter, the order dated 4th march 2020 was passed in the said petition which reads thus: the learned additional government advocate states that a draft notification of determination of the wards in accordance with section 21 of the karnataka municipal corporations act 1976 (for short the said act of 1976 ) has been published yesterday and time of 15 days has been given to ..... force of the said amendment act, sub-clause (a) of sub-section (1) of section 7 provided that the number of elected councillors of a corporation shall not be less than thirty and more than two hundred as the government may, by a notification, determine. ..... act added sub-section (2a) to section 21 providing that the state government shall constitute a delimitation commission consisting of such number of members, as may be prescribed, to recommend the state government the 8 manner of delimitation of wards in each corporation ..... 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 ..... (2) the conditions of service and tenure of office of the state election commissioner shall be such as the governor may by rule determine: provided that the state election commissioner shall not be removed from his office except in like manner and on the like grounds as a judge of a high court and conditions of service of .....
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