Court : Karnataka
Reported in : AIR2009Kant10; 2009(1)KarLJ328
..... 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'. ..... 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 ..... 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 under the ..... if any person does any work in contravention of sub-section (1) or in contravention of the modifications and conditions of the sanction granted under sub-section (2) or despite refusal for the sanction under the said sub-section (2), the planning authority may direct such person by notice in writing to stop any work in progress and after making an inquiry in the prescribed manner, remove or pull down any work or restore the land to its ..... no.100266 of 2022 and connected matters also by virtue of section 17 of the ktcp act in relation to approval/sanction granted prior to 1987, the respective writ petitioners and their predecessors were not entitled to seek compensation in respect of lands earmarked for road margin area and as such, they were not entitled to compensation on this ground also, especially when they had encroached upon government lands. ..... the appellants contend that the writ petitioners and their predecessors-in-title have encroached upon the subject lands, which were not part and parcel of the layouts available for sale upon their formation and were accordingly government lands, in respect of which, the ..... also contended that the writ petitioners and their predecessors were encroachers and were not entitled to any compensation in respect of the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2000Kant78; 1999(5)KarLJ467
..... 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. ..... disclose that the decision in bikarilal dobray's case, supra, is not of any help to the present petitioner as respondent 1 is an employee of the municipal corporation or a person holding office of profit under the corporation is appointed and his services are removable by the local authority which administers the local authority institutions.32. ..... 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 .....
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 ..... 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? ..... the order of the appellate judge was questioned by the municipal corporation by way of miscellaneous civil appeal which has been allowed by a learned single judge of the ..... 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. ..... is the main source of revenue to the municipalities and municipal corporations. ..... municipal corporation of delhi : [1993]3scr522 , where again the entire case law on the subject has been reviewed and ..... the relief asked for in the plaint is for a declaration that the revision of property tax effected by the defendant corporation in the year 1984 is arbitrary, unreasonable and illegal and should not be enforced against the owners of the houses ..... none of the grounds on which an assessment made under the karnataka act can be challenged in a civil court, is even alleged in the plaint, as pointed ..... section 148 provides that the corporation shall revise any tax imposed by it once in every five years or whenever such enhancement is .....
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
..... 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. ..... what is the inter-relationship between article 243-r of the constitution of india, and sections 7 and 10 of the karnataka municipal corporation act, 1976, ('the act' for short)? ..... (prayer: these writ petitions are filed praying to issue a writ declaring sec.7 of the karnataka municipal corporations act, 1976 insofar 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, ..... 5) if there is a conflict between section 7 of the act and rule 72-d of the karnataka municipal corporations (election) rules, 1979 ('the election rules', for short), on the one hand, and section 10 of the act on the other hand, whether the word "corporation" used in section 10 of the act should be read down to mean "only the elected councilors" so as to harmonize the provisions of law or ..... the panchayath under the panchayath raj act and the municipalities under the karnataka municipalities and the municipal corporation under the act are all local self-government institutions. .....
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 ..... . sri shashidhar contended that it is a fee and the corporation renders service in the sense that the inspector goes to do the spot inspection and other things, so it may be taken to be fee and it not being the tax, the procedure prescribed for imposition or fixation of rate or revision and enhancement of rate of the licence fee can be fixed by the municipal corporation by its own decision, and so the provisions of chapter x of the municipal corporation act will not apply ..... . it was said that as the licence fee leviable under section 548 did not relate to any duty of the corporation under the act, it being optional for the corporation to impose termsfor grant of licences for cinema houses, the rate for that fee was not to be fixed in reference to anything except rendering of services .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2004Kant283
..... karnataka municipal corporations act defines the word 'market' at section 2(19) and the regulation of private markets are dealt at sections ..... 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? ..... 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. ..... the interpretations of the word 'market' seems to have bearing on the other municipal corporations, counsel for the bangalore mahanagara palike was notified to appear and to assist 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 food or any article of human food ..... the karnataka municipal corporations act, although, brought into effect from the year 1976, but most of the provisions are borrowed from ..... 287 and referring to other cases, adopted the view that the mere selling in a private shop not within the limits of a market place, marketable articles on market days was not an injury to .....
Tag this Judgment!Court : Karnataka
..... 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. ..... 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 ). ..... the state government to take immediate action and5issue the final notification of delimitation of198wards of bruhat bengaluru mahanagara palike under section21of the karnataka municipal corporations act, 1976 and also immediately issue the final notification of reservation of seats to all the198wards of bruhat bengaluru mahanagara palike under section7(2) of the karnataka municipal corporations act, 1976, pursuant to the requests dated0407.2018, 11.09.2018, 25.10.2018, 16.04.2019, 12.09.2019 and2709.2019 of the state election commission vide ..... 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 the state election commissioner .....
Tag this Judgment!Court : Karnataka
..... 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. ..... 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 ). ..... the state government to take immediate action and5issue the final notification of delimitation of198wards of bruhat bengaluru mahanagara palike under section21of the karnataka municipal corporations act, 1976 and also immediately issue the final notification of reservation of seats to all the198wards of bruhat bengaluru mahanagara palike under section7(2) of the karnataka municipal corporations act, 1976, pursuant to the requests dated0407.2018, 11.09.2018, 25.10.2018, 16.04.2019, 12.09.2019 and2709.2019 of the state election commission vide ..... 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 the state election commissioner .....
Tag this Judgment!