Court : Karnataka
Reported in : ILR1986KAR820
..... pleader, relying on certain provisions of karnataka town and country planning act, 1961 (hereinafter referred to as 'planning act') contended that impugned order is clearly illegal and order made without reference to provisions of ceiling act and planning act suffer from errors apparent on the face ..... within the limits of an urban agglomeration and referred to as such in the master plan or in case where there is no master plan or master plan does not refer to any land as an urban land, any land within the limits of an urban agglomeration and situate within any area included within the local limits of a municipality, by whatever name called, a notified area committee, a town area committee, a city and a town committee, a small town committee, a cantonment board or panchayat, ..... contesting respondents are not able to establish that provisions referred to above have no bearing and land remained untouched by planning regulations, as per amended section 95(3b) of revenue act, no permission can be granted to divert any land or part thereof assessed or held for the purpose of agriculture lying within the limits ..... government at the policy level, want that special provisions should be brought in force for an orderly development of any particular urban area, it would be for them to amend the said provisions of the act so as to rule out conversion of agricultural lands to non-agricultural purposes wherever such conversion clashes with the master plans or zoning regulations of the local body. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC468; 1985(2)SCALE1437; (1986)1SCC581; [1985]Supp3SCR1025
..... provisions of the land acquisition act, 1894 as amended by the provisions contained in the schedule to the act ; (ii) transfer of lands that takes place on the coming into force of the final scheme under section 53 of the act for which compensation is payable in accordance with section 67 of the act; and(iii) acquisition of land under section 84 of the act which empowers the state government to acquire land included in the town planning scheme at a subsequent stage ..... to the owner : in the latter case it was held that 'compensation', being itself incapable of any precise determination, no definite connotation could be attached thereto by calling it 'just equivalent' or full indemnification', and under acts enacted after the amendment of article 31(2) it is not open to the court to call in question the law providing for compensation on the ground that it is inadequate, whether the amount of compensation is fixed by the law or is ..... town planning legislation generally are to provide for planning, the development and control of the use of land and to confer on public authorities such as city municipalities, municipal boroughs, town municipalities, town ..... could not be decided by the high court as emergency was then in force in the country and the rights guaranteed by articles 14, 19 and 31 of the constitution of india on which the appellant's contentions were based remained suspended at ..... bharati's case and the case state of karnataka v. ..... and to the decision in state of karnataka and ..... karnataka .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR1162
..... within the limits of city municipalities, town municipalities and notified areas constituted or deemed to be constituted under the karnataka municipalities act, 1964, except the notified area committee ..... schedule iii[see section 2(4)]areas within the limits of cities under the karnataka municipal corporations act, 1976 and the areas within a radius of three kilometers from the limits of ..... areas within the limits of the cities under the karnataka municipal corporations act, 1976 and the area within a radius of three kilometers from the limits ..... areas within the limits of the cities under the karnataka municipal corporations act, 1976 and the areas within a radius of three kilometers from the limits ..... section 4 of the karnataka rent control (amendment) act, (17 of 1983) reads:'substitution of schedules i, ii and iii:- for schedules i, ii and iii of the principal act, the following schedules shall be substituted, namely ..... areas within the limits of the following town municipalities of :1.arasikere 9.karkala2.bhadravathi10.kollegal3.buntwal11.malavalli4.chickmagalur12.madikeri5.chitradurga13.mulki6.kundapur14.mudabidri7.kolar15. ..... make the pending proceedings legal it was stated by the legislature that the amendment act came into force on 31-124982, therefore, the mention that the act shall be deemed to have come into force on 31-12-1982 will not make the act effective only from 31-12-1982.13. ..... an appeal was, under the processual law of this country, in the nature of rehearing of the suit. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR587
..... to amend the karnataka excise (bottling of liquor) rules 1967 was published as required by sub-section 1 of section 71 of the karnataka excise act 1964 (karnataka act 21 of 1966) section 2c(1) of the karnataka gazette (extra-ordinary) dated 2-4-1984 inviting objections and suggestions from all persons likely to be affected thereby on or before 8-4-1984.and whereas the said gazette was made available to the public on 2-4-1985.and whereas no objections or suggestions have been received on the said draft.now therefore in exercise of the powers conferred by section 71 of karnataka excise act, 1964 (karnataka ..... municipal council, : [1975]1scr680 in which the supreme court has upheld the locus standi of the appellant-a rate payer of udupi town municipal council, to challenge the grant of a licence for construction of a cinema theatre in violation of the scheme framed under the town planning act ..... court, the challenge was that the licence granted for the construction of a high rise building in the city by the corporation was in violation of zonal regulations made under the country and town planning act. ..... that there is a tendency in every government to assume more and more powers and since it is not an uncommon phenomenon in some countries that the legislative check is getting diluted, it is left to the court as the only other reviewing authority under the constitution to be increasingly vigilant to ensure observance with the rule of law and in this task, the court must not flinch or .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR1369
..... 19 of 1985 the state government is enabled to convert municipal councils into mandal panchayats, that it is nothing but retrograde step, inasmuch as the municipalities are created because they are not the villages and satisfy the requirement of the karnataka municipalities act, 1964, therefore, subsection (1) of section 128 of the act empowers the state government to exercise the power arbitrarily. ..... from 1st november 1959 and village and town panchayats, taluk boards and district development councils were constituted under the provisions of the act.during 1977 the government of india adopted a policy decision which accords the highest priority to rural development so as to increase agricultural production, create employment, eradicate poverty and bring about an all-round improvement in the rural economy the government considered that the maximum degree of decentralisation both in planning and in implementation is necessary for the ..... of 15,000-20,000, they also recommended the transfer of the functions of the tdb to the mandal panchayat and the abolition of both the tdbs and vps.based on the recommendations of sri ashoka mehta committee this comprehensive panchayat raj bills is proposed to consolidate and amend the laws relating to panchayats and taluk boards and to provide for the constitution of zilla parishads and mandal panchayats in the state of karnataka and also to make the panchayat raj institutions more effective, really democratic .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1986AP209
..... sir george lowndes held that :'it is clear that the foundation of brahminical doctrine of adoption is the duty which every hindu owes to his ancestors to provide for the continuation of the line and the solemnization of the necessary rites..........it can, they think, hardly be doubted that this doctrine the devolution of property, though recognised as the inherent right of son, is altogether a secondary consideration. ..... of the larger bench of seven judges, lays down the court's duty thus :'courts should interpret the constitutional provisions against the social setting of country so as to show a complete consciousness and deep awareness of the growing requirements of the society, the increasing needs of the nation, the burning problems of the day and the complex issues facing the people which the legislature in its wisdom, through beneficial legislation seeks to solve. ..... end, i may indicate that instead of leaving it to judicial interpretation, it is time enough for the central law commission to make an indepth study into this aspect and it is desirable to take suitable steps to amend the act in this regard.47. ..... karnataka, : air1985sc1495 held that those who attempted to move upwards (pratiloma) in the social hierarchy have put the movement in the reverse gear so as to move downwards (anuloma) in order to be identified as a group or class of citizens socially and ..... chitralekha's case : [1964]6scr368 (supra), subba ..... state of mysore, : [1964]6scr368 subba rao, j, (as he then was .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR3831; [1987]64STC208(Kar)
..... contention (e) : the retrospective amendment to the karnataka general clauses act, 1899, effective from 1st november, 1956, by which 'repeal' is held to include 'omission' and 'deletion' is itself void for want of presidential assent. ..... the effect of this 'omission', according to the state government, is that these 8 items would stand deleted with effect from 1st april, 1983, on which date the amending act 38 of 1984 came into force, though, however, for the period prior to 1st april, 1983, this would continue to be liable to tax. ..... the state, in addition to contending that 'omission' in this context does not carry with it the consequences attributed to it by the petitioners, has also brought out, said to be by way of abundant caution, an amendment to the karnataka general clauses act, 1899, by introducing clause (32)(a) in section 3 with retrospective effect from 1st november, 1956, to say that 'repeal' shall include 'deletion' and 'omission'. ..... both the levies concern the movement of goods; but in the case of 'octroi' the entry into a municipal limits or local areas becomes the taxable event if - and only if - the goods so enter for purposes of consumption, use or sale therein. ..... state of andhra pradesh : [1976]3scr775 may be recalled : 'there is no deeming clause or some such provision in the rice (andhra pradesh) price control (third assessment) order, 1964, to indicate that it was intended to have a retrospective effect. ..... in a modern society taxation is an instrument of planning. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR2701; 1986(2)KarLJ24
..... the view that, the preference granted under the proviso to sub-section (7) of section 63 was exclusive in nature in that the applications of the persons belonging to the preferential category should be considered first and it was only when sufficient number of applications in that category were not available or even if available their applications were rejected on other valid grounds, the authority could proceed to consider the applications of the ..... that whereas kstdc was only a corporation established by the state for the purpose of tourism and therefore mainly concerned in operating to places of tourist interest in and nearby the state, the itdc was an organisation sponsored by the union of india for promoting tourism in the entire country and was the biggest foreign exchange earner and therefore more number of permits compared to the number of permits granted to the kstdc should ..... the learned counsel appearing for the karnataka state road transport corporation, however, contended that the corporation was also a public sector undertaking constituted under the road transport corporation act, 1950 and therefore the application of the corporation ought to have been considered on a preferential basis and when the sta had given such consideration and granted two permits, there was no justification for the tribunal to interfere with the ..... but that is a situation brought about by a state amendment and constitutes no ground to hold that the proviso to section ..... amending the act by act .....
Tag this Judgment!Court : Kerala
Reported in : [1986]63STC225(Ker)
..... , appearing for some of the assessees, relies on the objects and reasons of sub-section (3) of section 5 of the central sales tax act added by amendment effected as per section 3 of act 103 of 1976 as for the purpose of export promotion and unless there is exemption from sales tax on the purchase turnover of raw cashew the price of cashew kernels exported will go up very high in a competitive international market and the very purpose of the amendment would be defeated if an interpretation is adopted to treat raw ..... 46 stc 164 (sc) with the following observation at page 183:as regards the other aspect it is clear to us that two public interests are involved; promotion of the exports of the country is one public interest while augmentation of the states' revenues through sales tax is the other and it is obvious that if the liberal construction, as suggested by the counsel for the petitioners, is accepted the former public interest will undoubtedly be served while the latter will greatly ..... state of karnataka [1985] 59 stc 302 (kar) and has held that cashewnuts and its kernel are commercially different ..... 's case [1964] 16 stc 719 (sc), the madras high court held:we are of the considered view that the cashew kernel and cashew-nut are different articles of commerce is not now open to debate. ..... 's case [1964] 15 stc 719 (sc), according to the andhra pradesh high court, were only incidental and that would not detract that court from considering the question and taking the view that it .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1986]162ITR772(AP)
..... of amounts collected already, the karnataka government promulgated ordinance 3 of 1969 and replaced it by the mysore sale tax amendment act 26 of 1969. ..... : [1972]2scr900 (para 21) : 'the modern trend in all progressive countries is towards establishments of a welfare state, and with this end in view, the state has to prepare plans and devise beneficent schemes for the good of the common people. ..... page 12) : 'it appears that the only object of enacting the amended provisions is to nullify the effect of the judgment which became conclusive and binding on the parties to enable the state government to retain the amount wrongfully and illegally collected as sales tax and this object has been sought to be achieved by the impugned amendment which does not even purport or seek to remedy or remove the defect and lacuna but merely raises the rate of duty from 6 1/2 per ..... identified from the standpoint of local authorities-whether they are in municipal corporations, selection grade municipalities, special grade municipalities, first grade municipalities, second grade municipalities, third grade municipalities, etc. 2. ..... with retrospective effect from the first of april, 1966, and also section 3 of the amending act which nullified the judgment at the high court in cawasji ..... theatres can be classified from the standpoint of population of towns-whether they are in a town of 10,000, 15,000, or 25,000 of population ..... of levy of entertainment tax with reference to population of towns was abandoned. .....
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