Court : Karnataka
Reported in : AIR2009Kant10; 2009(1)KarLJ328
..... filed statement 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 is also ..... it is seen that reference made in the impugned notification to section 47 of the karnataka municipal corporations (amendment) act, 1994 is in fact to section 509 of the karnataka municipal corporations act, 1976, which deals with 'removal of difficulties'. ..... section 100 of the karnataka municipal corporations act, 1976, confers power on the state government to appoint an administrator under three contingencies. ..... 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. ..... considerable arguments were advanced by the learned counsel for the petitioner pointing out that section 47 of the karnataka municipal corporations (amendment) act, 1994 has no application, as it does not authorise the state government to issue a notification.11. .....
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 ..... 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 ..... sums/monies for meeting the expenditure for making roads, side drains, culverts, underground drainage and water supply and lighting and charges for such other purpose in the layout; in addition thereto, the applicant would also have to agree to transfer the ownership of the roads, drains, water supply mains, parks and open spaces, civic amenity areas laid out by him to hduda permanently without claiming ..... section 7 of the kh act empowers the state government to demarcate and delineate buildings and control lines over ..... an acre lying alongside and adjoining the highway cannot be treated as a land without value or without any potential for development, merely on the ground that the law relating to highways prohibited construction on either side of the highway, up to a depth of 40 m from the centre of the highway. ..... 189 .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2000Kant78; 1999(5)KarLJ467
..... out of 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. ..... 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. ..... :'primary 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 officers .....
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 tax. ..... property tax is the main source of revenue to the municipalities and municipal corporations. ..... plaintiffs also complain that the assessors inspected the houses and took measurements of the plinth area of the buildings, without giving prior notice to the owners. ..... in such a case, the bar arising from an express provision like rule 25 or arising by necessary intendment can be over-ridden only in cases and situations pointed out in dhulabhai. ..... (6) questions of the correctness of the assessment apart from its constitutionality are for the decision of the authorities and a civil suit does not lie if the orders of the authorities are declared to be final or there is an express prohibition in the particular act. ..... the cost of maintaining and laying roads, drains and other amenities, the salaries of staff and wages of employees - in short, all types of expenditure has gone up steeply over the last more than forty years. ..... similarly, the allegation that enhancement is arbitrary or unreasonable is per se not sufficient to over-ride the express statutory bar. ..... , at least by four to five times over the existing tax.5. .....
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. ..... feeling aggrieved from the award or order of the district judge, under section 471 of the karnataka municipal corporations act, 1976, both the parties have come up in revision and have challenged the order of the district judge. ..... the district court held that the claim petition under section 471 of the karnataka municipal corporations act, 1976 filed by the contractor was maintainable. ..... --1.whether the claim made by the applicant is determinable under section 471 of the karnataka municipal corporations act, 1976?2.whether the decision of the opponent corporation under its resolution no. ..... revisionist-applicant filed this application under section 471 of the karnataka municipal corporations act, 1976, for the following reliefs, namely. ..... order1.these two civil revision petitions under section 115 of the code of civil procedure, arise from the judgment and order, delivered by the principal district judge, dharwad, on an application under section 471 of the karnataka municipal corporations act, 1976, namely ravi p. .....
Tag this Judgment!Court : Karnataka
..... these wps are filed 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 etc. ..... , as 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. ..... but while the parliament has forbidden the state legislature from granting the right to vote to "the nominated members", it has not prohibited the state legislature from granting such a right to these three classes of persons, although these three classes of persons are "representatives" ..... unquestionably, an interpretation which leads to a peaceful existence of law, which does not disturb the ambit and scope of the law has to be preferred over an interpretation which would lead to needless tinkering with the law. 55. ..... - (1) after the time fixed for withdrawal is over, if there is only one candidate who has been validly nominated, and had not withdrawn his candidature in the manner and within the time specified, the presiding officer shall forthwith declare such candidate to .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2001Kant359
..... , in chapter x of the act namely the karnataka municipal corporation act, 1976 read with section 148 of the act will apply. ..... these petitions involve a 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. ..... as regards the licence and licence fee, chapter xvii and chapter xxi of the karnataka municipal corporation act are relevant. ..... the learned counsel for the petitioners sri kulkarni very strenuously contended that this enhancement of the fee is illegal and not in consonance with the provisions of the karnataka municipal corporation act. ..... the petitioners in these petitions have sought the following reliefs :-- (a) declare that the enhancement of dot licence fee and hotel licence fee by the corporation on the basis of annual rateable value of the building is wholly illegal, arbitrary and the same is confiscatory in nature and violative of article 14 of the constitution of india and accordingly it is liable to be struck down; (b) issue a writ of certiorari quashing the impugned resolution vide annexure-a passed by the ..... section 343 of the act prohibits keeping of lodging houses, eating houses, coffee houses, restaurants, refreshment rooms or any placewhere public are admitted for the consumption of any food or drink or any place where food is sold or prepared for sale, except in .....
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. ..... the following 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? ..... owner of such place, notwithstanding that there may be no common regulation of the concourse of buyers and sellers and whether or not any control is exercised over the business of or the persons frequenting the market by the owner of the place, or any other person;section 371 : establishment of private markets :-- (1) the corporation shall determine whether the establishment of new private markets for, the sale of or for the purpose of exposing for sale, animals intended for human ..... 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. ..... the commissioner may by an order subject to such regulations as to supervision and inspection and to such conditions to sanitation, drainage, water supply, width of paths and ways, 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 ..... in the cities and townships building commercial complex has become common place. .....
Tag this Judgment!Court : Karnataka
..... 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 submit the objections. ..... 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 ). ..... though there is a challenge to the provisions of the amendment act, the main question which arises is whether the general election of bbmp which was due to be completed prior to 10th september, 2020 is required to be held as per the provisions of the said act of 1976, as amended by the amendment act. ..... 4 in writ petition no.1892 of2020between: the state election commission, karnataka represented by its under secretary k s c m f building, 1st floor, no8 cunningham road, bangalore56005 . . . ..... the commissioner state election commission1floor, kscmf building annex no08 cunningham road bengaluru - 560052 . . . ..... building annexe cunningham road bengaluru-560052. . . . .....
Tag this Judgment!Court : Karnataka
..... 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 submit the objections. ..... 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 ). ..... though there is a challenge to the provisions of the amendment act, the main question which arises is whether the general election of bbmp which was due to be completed prior to 10th september, 2020 is required to be held as per the provisions of the said act of 1976, as amended by the amendment act. ..... 4 in writ petition no.1892 of2020between: the state election commission, karnataka represented by its under secretary k s c m f building, 1st floor, no8 cunningham road, bangalore56005 . . . ..... the commissioner state election commission1floor, kscmf building annex no08 cunningham road bengaluru - 560052 . . . ..... building annexe cunningham road bengaluru-560052. . . . .....
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