Court : Karnataka
Reported in : ILR1987KAR2521
..... parishad election, the state legislature alone is competent to enact law and for that purpose the act which is a complete code in itself has been enacted, moreover karnataka municipalities act, 1964, karnataka village panchayats and local boards act, 1959 and karnataka municipal corporations act, 1976, have been amended and similar provisions are made. ..... inserting the proviso reads as under:'in the context of the intensification of the family planning programmes of the government, it is considered that not only the allocation of seats in the house of people to the states and the total number of seats in legislative assemblies of the states but also the extent of parliamentary and assembly constituencies and the reservation of seats for scheduled castes and scheduled tribes as determined on the basis of the 1971 census, should be frozen till ..... the section is that for each district there shall be a zilla parishad having jurisdiction, save as otherwise provided in this act, over the entire district, excluding such portions of the district as included in a municipality or are under the authority of municipal corporation, a sanitary board, a town board or a notified area committee constituted under any law for the time being in force. ..... and force of section 5(4) of the central act, according to the petitioners, is that when the census authority notifies the population figures of scheduled castes and scheduled tribes, those figures are binding on every person and authority in the country .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1988Kant243; 1988(1)KarLJ152
..... of the society was held and at its meeting, when the proposed amendment to bye-law no.15 was taken up for consideration, a further amendment to the proposed amendment was moved, the effect of which was to club class 'a' and class 'b' members into one category and to take away voting; right of class 'c' members to elect classes 'a' and 'b' members and vice versa.7.according to the petitioners, as they had no prior notice of the further amendment to the proposed amendment according to r. 6(2) of the karnataka co-operative societies rules 1960 ( ..... decision of the general body; that the petitioners have no legal right to question the said resolution and they cannot certainly do so in writ proceedings, that in granting approval to the resolution, the registrar has only carried on the duty laid down by the act; that the impugned resolution is a just one setting right the anomaly in the process of election of board of directors and that this is not a fit case for exercising the extraordinary writ jurisdiction of ..... . (2) every proposal for such amendment shall be forwarded to the registrar and if the registrar is satisfied that the proposed amendment - (i) is not contrary to the provisions of this act and the rules; (ii) does not conflict with co-operative principles; (iii) satisfies the requirements of sound business; (iv) will promote the economic interests of the members of the society; and (v) is not inconsistent with the principles of social justice; he may register the amendment .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1988Kant275; ILR1987KAR3315; 1988(1)KarLJ266
..... writs of certiorari under article 226 of the constitution on cases of the present kind, it is necessary to bear in mind that the high court does not exercise the jurisdiction of an appellate court and the findings or conclusions on question of fact could hardly be re-examined or disturbed by it under article 226 of the constitution unless the well-recognized tests in that behalf were satisfied.'15. ..... that regard being had to the matters to be taken into account in terms of section 47(l) of the act and the procedure to be followed as per section 57(3) of the act, while considering an application for grant of stage carriage permit and conditions to be imposed on stage carriage permit in terms of section 48(3) of the act, section 47(3) of the act is deemed to have been complied with. ..... in the former case, as held by the supreme court, even in the absence of independent prior determination under sub-section (3) of section 47 of the act, it is possible to draw an inference from the statement contained in the notification calling for the applications, that such a statement as to the number of permits proposed to be granted would be indicative of the determination of the number of ..... both sides had agreed that there was need for two permits on the route and in that view the supreme court found that the dispute was academic and directed the status quo to continue and allowed both the parties to ply their stage carriages on the route taking appropriate permits ..... [1964]5scr869 and kishanchand .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR105
..... thakur's case, : air1979kant119 considered the validity of the karnataka act prior to its amendment by amending act 21/1979, which provided for the levy of court-fee at 71/2 percent ad valorem and held that the levy was valid as the total expenditure on administration of civil ..... was that the expenditure was more than the total amount of court fee levied and collected under the amendment, the madras high court had to uphold its validity and could not have proceeded to declare that notwithstanding the said finding the act was invalid as it prescribed ad valorem court fee and therefore it was disproportionate to the service rendered to certain individual suitors who ..... the madras high court to find out as to whether there existed quid pro quo between the levy of court fee under the provisions of the madras act and the cost of administration of civil justice in that state and the division bench of this court wrongly proceeded on the basis that the supreme court had upheld the constitutionality of the levy of ad valorem court fee subject ..... as maintaining the army for the defence of the country or the police for maintenance of law and order or establishing and maintaining educational institutions, it is a fundamental duty of the state to establish and maintain the courts to provide an effective and inexpensive justice to the citizens who are wronged by ..... it stands on a basis different from levy of fees for commercial activity by the market committees of the municipalities and the like. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1988Kant194; ILR1987KAR3679; 1987(3)KarLJ549
..... counsel for the two petitioners advanced their respective contentions, on the basis of the following questions formulated by them:(i) court of small causes in bangalore, constituted under the karnataka small cause courts act, 1964, has no jurisdiction to entertain and try a proceeding under the provisions of the act. ..... declaration that courts of small causes, bangalore city, have no jurisdiction, under the karnataka small cause courts act, 1964,under the act or under the bangalore city civil courts act, 1978 to try hrc cases under s. ..... of the provisions of the karnataka small cause courts act, 1964. ..... it is observed:'on the determination of the contractual tenancy, the landlord becomes entitled under the law of the land to recover possession of the premises from the tenant in due process of law and the tenant under the general law of the land is hardly in a position to resist eviction, once the contractual tenancy has been duty determined. ..... :-'vacant possession to landlord notwithstanding anything contained in any other law, where the interest of the tenant in any premises is determined for any reason whatsoever and any order is made by the 'court under this act for the recovery of possession of such premises the order shall subject to the provisions of s. ..... his grievance seems to be without amending the said small cause courts act, legislature cannot vest jurisdiction on the sma11 cause courts by making ..... urged that in many of other states in this country, similar provision as found in s. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1988Kant178
..... to amend the karnataka town and country planning director of town planningact, 1961 so as to make provisions therein for :a) regularising from a retrospective date conversion oflands without the orders of the concerned revenueofficer, formation of unauthorised layouts/sites and orunauthorised erection of buildings.b) an appeal against the orders of the planningauthority in individual cases where regularisation mightbe refused._________________________________________________________________________________ i request you to kindly take action accordingly in so far as the decisions relate to ..... had been made without securing the licence from the corporation in accordance with the provisions of the karnataka municipal corporation act and the building be-laws framed thereunder. ..... in these cases it is necessary to observe that the provisions of the municipal corporation act which regulates the construction of building, the provisions of the land revenue act which prescribes the conditions for use of agricultural land for non-agricultural purpose, the bangalore water supply &- sewerage act, 1964 which regulates the supply of water to the buildings and the provisions of the electricity (supply) act which regulates the supply of electricity to buildings have to be implemented in ..... regulation is absolutely essential in order to ensure that no unauthorised constructions are put up in violation of the provisions of the land revenue act or the provisions of the municipal corporation act. 11. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR356
..... now to what extent the provisions of these acts and the rules are contrary to the provisions of the karnataka town and country planning act 1961 (in short the planning act') requires consideration since one of the contentions of the contesting respondents is that the planning act does not prohibit the construction of high rise buildings subject to certain conditions prescribed in the outline development plan and the comprehensive development plan and therefore, if these plans do not impose any prohibition for the construction of multi storied buildings subject to the ..... not be out of place to remind you of the fact that the earlier zoning regulations covering our area which were amended sometime in 1984 permitted only double occupancy in a road having the width of the 15th main road. ..... the chief officers, town municipal council, udipi and others, air 1977 sc 2177 ..... similar provisions as found in the citb act are found in the bda act and similar provisions as found the 1964 citb allotment of sites rules are found in the bangalore development authority (allotment of sites) rules, 1982 (hereinafter referred to as the '1982 bda ..... has become necessary because the allottee is permitted to occupy the site and enjoy the same only on payment, in full, of the price of the site as may be fixed by the board, and under that agreement, the allottee agrees to abide by the city of bangalore improvement (allotment of sites) rules, 1964 and the terms and conditions contained in the said agreement. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR376
..... . scheme of these provisions is broadly the same, both under the central act and the said act as amended by karnataka act 17 of 1961.acquisition proceedings as such commence only on the issuance of the declaration under section 6(1) ..... by a notification dated 30-5-1983 published in the gazette dated 16-6-1983, the state government notified under section 4(1) of the land acquisition act as in force in karnataka by the amendment made by the karnataka act 17/1961, that 'the lands specified in the schedule to the notification are likely to be needed for the public purpose to wi(sic) for the members of the vijaya bank employees housing co-operative society ltd. ..... operative society;(vii) xx xx xx'3(f) the expression 'public purpose' includes,(i) the provision of village sites;(ii) the provision of land for planned development from public funds and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development as planned;(iii) the provision of land for town or rural planning under any law relating to such planning;(iv) the provision of land, --(a) for carrying out any housing scheme or health scheme sponsored by - the central ..... .'in the two decisions known as first and second arora case : air1962sc764 , : [1964]6scr784 it was made clear that even an acquisition for a company, serves public purpose and therefore, it is a public purpose .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR2121; 1989(1)KarLJ294
..... for instance, section 11 of the karnataka municipalities act, 1964, provides that all the members/councilors ..... second question arising for consideration, as follows:'a person who is not an elected member of the zilla parishad in terms of the provisions of sub-section (1) of section 139 of the karnataka zilla parishads, taluk panchayat samithis, mandal panchayats and nyaya panchayats act, 1983, but who being a member of the state legislative assembly or state legislative council or a member of parliament or a president of district cooperative central bank, is given certain limited ..... question of law arises for consideration;whether a person who is not an elected member of the zilla parishad in terms of the provisions of sub-section (1) of section 139 of the karnataka zilla parishads, taluk panchayat samithis, mandal panchayats and nyaya panchayats act, 1983, but who being a member of the state legislative assembly or state legislative council or a member of parliament or a president of district central cooperative bank, is given the ..... under the laws providing for their establishment for the purpose of local administration of towns and cities or districts were in existence in all parts of the country. ..... is common ground that after the zilla parishads and mandal panchayats were established under the act, by the representation of the people (amendment) act, 1987 (act 31 of 1987) zilla parishads and mandal panchayats have been specified as local authorities ..... have been amended or replaced. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR2138
..... under section 283 of the karnataka municipalities act was also held in favour of the plaintiff and it was held that there was ..... the mysore municipalities act, 1964? ..... earlier suit is held to have been removed by the explanation viii, it would not only remove the difference between the various courts of different jurisdiction under the civil courts act and it would also result in either drastically amending the first portion of section 11 of the code or rendering one of the conditions contained therein regarding competency to try the later suit, as otiose, which the parliament ..... mysore municipalities act? ..... the date after the tender notification was issued and before 1-2-1971 the municipal council had plucked and removed 6,940 coconuts from the 2948 numbered coconut trees which the plaintiff was entitled to pluck and remove and therefore the plaintiff was entitled to recover the ..... has been directly or substantially in issue in a former suit; (ii) both the suits must be between the same parties or between the parties under whom they or any one of them claim; and (iii) they must be litigating under the same title (iv) the court which tried the previous suit must be competent to try the subsequent suit or the suit in which such issue has ..... relates to courts of limited jurisdiction and not to the ordinary civil courts whose jurisdiction is confined to territorial as well as pecuniary and are established under the karnataka civil courts act, 1964 and similar such enactments in the various .....
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