Court : Karnataka
Reported in : AIR2009Kant10; 2009(1)KarLJ328
..... has also 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 asserted that ..... 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 ..... it states 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 difficulty. .....
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. ..... 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 ..... it was further contended that insofar as the cases wherein plans were sanctioned prior to the karnataka urban development authority act, 1987 (for short, the kuda act ) came into force, the layouts were sanctioned/approved in accordance with the prevailing master plan which provided for road margin area to be left out by the respective developers and since the said road margin area had been sold in favour of the writ - 188 - nc:2023. ..... : para 187 corrected vide official corrigendum no.f.3/ed.b.j. ..... : para 142 corrected vide official corrigendum no.f.3/ed.b.j. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2000Kant78; 1999(5)KarLJ467
..... section 84 of the karnataka municipal corporations act, the power to make appointment has been conferred on the commissioner, in accordance with the act ..... 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. ..... local or other authority subject to the control of any of the said governments.similarly, article 66(4) of the constitution of india reads as follows:a person shall not be eligible for election as vice-president if he holds any office of profit under the government of india or the government of any state or under any local or other authority subject to the control of any of the ..... authority i.e.r commissioner of the municipal corporation, but as the government has supervisory power, it could issue directions to the appointing authority if it appeared that 1st respondent was at that time, granted voluntary retirement in breach of the relevant rules. by ..... well established that right of education is implicit in the right of life with human dignity as education is one of the elements and factors that is essential for development of human dignity as held by their lordship of the supreme court in unnikrishnan v state of andhra pradesh, article 41 of the constitution, makes it to be the duty of the state as per the directive principles therein that the state shall .....
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 ..... provision, however, does not exclude those cases where the provisions of the particular act have not been complied with or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure. ..... this court further clarified that non-compliance with the provisions of the statute meant non-compliance with such fundamental provisions of the statute as would make the entire proceedings before the appropriate authority illegal and ..... for the determination of the right or liability and further lays down that all questions about the said right and liability shall be determined by the tribunals so constituted, and whether remedies normally associated with actions in civil courts are prescribed by the said statute or not. ..... apparent that there is no allegation that there has been a non-compliance with any of the provisions of the statute let alone non-compliance with any of the fundamental provisions of the statute. ..... section 147 says that the rules and tables embodied in schedule-ill shall be read as part of chapter x (chapter x deals with the levy of property tax and its assessment among other ..... very often means the rent prevailing prior to 1950 with some minor modifications and additions. ..... , the learned counsel for the appellants submitted that inasmuch as the right of second appeal to the district court is coupled with an onerous condition, viz. .....
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 ..... 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 ..... consider the question whether it is commercial transaction in the light of section 34, i am unable to accept the contention of the learned counsel, for explanation ii to section 34, provides 'for the purpose of this section, a transaction is commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability. ..... a reading of these decisions, per se reveal 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 ..... their duty is to provide ..... it is the duty of the state authorities, including the state to see that people may get the shelter or roof to save their self from hot sun, from the rains and the vagaries of .....
Tag this Judgment!Court : Karnataka
..... 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 ..... sections 7 of the act includes the mps, the mlas, and the mlcs as members of the municipal corporation; section 10 of the act bestows them with the right to vote; rule 72-d of the election rules merely prescribes the procedure of election for the post ..... 09-04-2015 by the dharwad bench of the hon'ble karnataka high court), this court was specifically seized with the issue whether the mps, the mlas, and the mlcs have the right to vote in the election of the mayor in the municipal corporation or not? ..... article 246 (3) of the constitution of india read with this particular entry that the laws relating to the panchayath raj, municipalities and municipal corporations were enacted even before part ix-a was introduced in ..... words used in the statutory provision 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 .....
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 ..... imposition of the said tax or to the amount or rate proposed or to the classes of persons or property to be made liable thereto or to any exemptions proposed, may, within one month from the publication in the official gazette of the said notice, send his objection in writing to the corporation; the corporation shall take all such objections into consideration, or shall authorise the standing committee for taxation and finance to consider the same and report thereon and unless it ..... . the other point was that clauses (3) and (4) of section 127 showed that the corporation could fix the consolidated rates and taxes and that the determination of rates for these had to be in accordance with the needs for carrying out the corporation's duties under the act ..... . 19, their lordships further 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 ..... . 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
..... 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. ..... human food or any other articles of human food whatsoever, with or without the consent of the 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 ..... the idea of municipalities and corporations came to be evolved with rapid urbanisation as consequence of industrial revolution. ..... 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. ..... 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. .....
Tag this Judgment!Court : Karnataka
..... 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 ). ..... is unfortunate that the sec is forced to invoke the writ jurisdiction of this court for compelling the state government to perform its statutory duties under section 21 of the said act of 1976. ..... was made by the karnataka municipal corporations (third amendment) act, 2020 (for short the amendment act ) which has been published in the official gazette on 3rd october ..... to note that the state election commission, which is established under the constitutional mandate, is forced to approach the writ court for seeking a writ of mandamus against the state government on account of to failure to the state government to perform its statutory duties under the karnataka municipal corporation act, 1976 (for short the said act of 1976 ).4. ..... for r2) this writ petition is filed under article226of the constitution of india, praying to direct the respondents to fulfill their respective statutory and constitutional duties as prescribed under articles243u and243za of the constitution and conduct elections to the bruhat bengaluru mahanagara palike, without any further delay. .....
Tag this Judgment!Court : Karnataka
..... 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 ). ..... is unfortunate that the sec is forced to invoke the writ jurisdiction of this court for compelling the state government to perform its statutory duties under section 21 of the said act of 1976. ..... was made by the karnataka municipal corporations (third amendment) act, 2020 (for short the amendment act ) which has been published in the official gazette on 3rd october ..... to note that the state election commission, which is established under the constitutional mandate, is forced to approach the writ court for seeking a writ of mandamus against the state government on account of to failure to the state government to perform its statutory duties under the karnataka municipal corporation act, 1976 (for short the said act of 1976 ).4. ..... for r2) this writ petition is filed under article226of the constitution of india, praying to direct the respondents to fulfill their respective statutory and constitutional duties as prescribed under articles243u and243za of the constitution and conduct elections to the bruhat bengaluru mahanagara palike, without any further delay. .....
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