Judgment Search Results Home > Cases Phrase: karnataka municipalities act 1964 section 362 conversion of city municipal areas into town municipal areas Page 1 of about 633 results (0.284 seconds)

Sri Lakshmikanta K Vs. The State Of Karnataka

Court : Karnataka

..... learned senior counsel for the petitioner submitted that the petitioners who are nominated councilors of malur town municipal council have assailed the validity of section 11(1)(b) of the karnataka municipalities act, 1964 as well as the constitutional validity of proviso to article 243-r(2)(a) of 8 the constitution of india on the ground that same is violative of article 14 and is contrary ..... (1) save as provided in clause (2), all the seats in a municipality shall be filled by 17 persons chosen by direct election from the territorial constituencies in the municipal area and for this purpose each municipal area shall be divided into territorial constituencies to be known as wards (2) the legislature of a state may, by law, provide (a) for the representation in a municipality of (i) persons having special knowledge or experience in municipal administration; (ii) the members of the house of the people and the members of the legislative ..... assembly of the state representing constituencies which comprise wholly or partly the municipal area; (iii) the members of .....

Ananda Transport Co. Vs. State of Karnataka and anr.

Court : Karnataka

Reported in : ILR1996KAR2805; 1996(6)KarLJ306

..... respondent, town municipal council, annageri is constituted under the karnataka municipalities act, 1964 and comprises the annageri town and areas in the ..... engaged in transporting granites, stones and other goods travel on the highway between hubli and sholapur, which in part runs through the limits of the 2nd respondent, municipality, the municipality, it appears proposed the levy of toll tax under section 94(1)(b)(iii) of the karnataka municipalities act, 1964 on vehicles entering its municipal limits. ..... in terms of section 94 of the karnataka municipalities act, 1964 a municipal council is empowered to levy among others a toll tax on vehicles specified in schedule-ill entering its municipal limits but not ..... upon section 94 of the karnataka municipalities act 1964, in support of the submission that section 94(1)(b)(iii) read with schedule-ill to the said act, permitted levy of a toll only on vehicles other than those exempted from the municipal toll under karnataka motor vehicles taxation act, ..... in question the validity of the imposition and recovery of toll on motor vehicles registered under the motor vehicles act 1957, passing through the limits of the town municipal council, annageri and for a mandamus directing the said municipal council to remove the road barriers put up by it on the national high-way between hubli to sholapur ..... was levied and toll naka gates set-up within the municipal limits on the high-way for recovery of the tax for the vehicles entering into the said limits. .....

Devaraj and anr. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : AIR2001Kant298; ILR2001KAR2646

..... the statistics regarding the rate to be charged by the sub registrar, hunsur, has passed the order dated 16-1-99 according sanction of the said vacant sites in front of the house property of respondents 6 and 7 under section 72(2) of the karnataka municipalitis act, 1964 which is valid, legal and in accordance with law. ..... is during the presidentship of 6th respondent nearly 19 years after the resolution the government has accorded sanction on 16-1-99 under section 72(2) of the karnataka municipalities act, 1964. ..... merely because the sixth respondent happens to be the president and the site in question happens to belong to municipality and the government has passed the order granting it during his tenure as president no motives could be attributed to such an action which is otherwise legal ..... elaborating their contentions it is pointed out that the third respondent town municipal council on receiving representations from respondents 6 and 7 passed a resolution in its meeting held on 30-6-1980 resolving to grant the vacant site in front of ..... favour of sri ramesh and sri narsaiah, respondents 6 and 7 to this writ petition on the ground that sixth respondent sri ramesh being the president of the town municipal council has misused his position in getting the said land in his favour and in favour of the seventh respondent, his brother.2. ..... taking into consideration these aspects the deputy commissioner has recommended for allotment of grant of the said vacant land in favour of respondents 6 .....

Sultan and Another Vs. Shahajaha and Others

Court : Karnataka Kalaburagi

..... it is argued that no analogous provision is found in the karnataka municipalities act, 1964 or the city corporations act, 1976 and therefore, though mlas or mps are elected, they are not 'councillorswithin the definition of section 2(6) of the act to exercise the right of voting. 19. ..... the basic scheme of the karnataka municipalities act as it stood prior to the 74th amendment to the constitution by inserting sub-article (r) to article 243 and thereafter will have to be looked into. ..... the town panchayat, hosadurga, in the state of karnataka had been constituted under the relevant provisions of the karnataka municipalities act and it consisted of 24 members out of whom 18 were elected from different wards, 5 were nominated members and one was a member of the house of people representing the whole of municipal area. ..... constitution of municipalities 1) save as provided in clause (29, all the seats in a municipality shall be filled by persons chosen by direct election from the territorial constituencies in the municipal area and for this purpose each municipal area shall be divided into territorial constituencies to be known as wards ..... what is held in the said division bench decision is that, earlier inhibition found insofar as it relates to mlas in casting vote in the meetings of the corporation or standing committee was removed by act no.36/94 which came into effect from 1.6.1994 and therefore, a reasonable inference is that elected mlas have been conferred with the right to vote. 24. .....

Uttam Veranekar Vs. Shattu Laxman Donkari

Court : Karnataka

Reported in : ILR1986KAR1162

..... areas 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, bhadravathi.iii. ..... mulki.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 the said cities'.14. ..... 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 :-'schedule i[see section 2(2)]a. ..... javali referred me to sub section (2) of section 1 of the karnataka rent control (amendment) act, 17 of 1983. ..... 9 the supreme court has said :'that a change in the law during the pendency of an appeal has to be taken into account and will govern the rights of the parties was laid down by this court in ram sarup v. ..... therefore, in order to 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. ..... once section 4 speaks about the substitution, the said substitution shall be deemed to be on the anvil of the act since the coming into force of the very act itself. .....

Shantha Kumar Vs. Commissioner

Court : Karnataka

Reported in : ILR1989KAR2518

..... the same time, while passing the said order, the director aforementioned sent the file to the government for confirmation of his order under section 309 read with section 306 of the karnataka municipalities act, 1964. ..... on the ground that a lease cannot exceed a period of 5 years and, if it exceeds, it shaft be invalid unless previous sanction is obtained from the government, respondent-2 proceeded to declare that the lease entered into on 25-5-1980 is invalid and directed the city municipal council, kolar, to follow the procedure in allocating municipal lands for sale, lease or grant of lands as per the provisions of the karnataka municipalities act.10 ..... the petitioner made an application for grant of licence and also for a sanctioned plan from the city municipal council for the purpose of constructing a garage in the said area and the plan was sanctioned on 28-5-1980 to the petitioner. ..... inspection was conducted and, ultimately, the municipal council found that there was no objection from any quarters for leasing out the area to the petitioner. ..... however, the said representative also made an allegation against the petitioner that the leased area was being used for the purpose of storing steel and not for car ..... 200/- per month in respect of the area leased to him and also for quashing the order passed by respondent-2 dated 30-6- ..... monthly rental was being paid with unerring regularity to the lessor and nothing wrongful was ever committed by the petitioner in the area leased out to him.3. .....

S. Rajendran and ors. Vs. Election Officer, President/Vice-president E ...

Court : Karnataka

Reported in : ILR1996KAR3009; 1996(6)KarLJ759

..... filed under section 27 of the karnataka municipalities act, 1964 rejecting the application to set aside the election of respondents 2 and 3 as president and vice-president of the city municipal council, robertsonpet ..... under the karnataka municipalities act, a distinction is made in regard to the election of a councillor and ..... judicial officer as contemplated under section 42(3) of the act, but no appeal is provided against an order of the district judge either under any of the sections of the municipalities act or in the karnataka municipality (president and vice-president election) ..... president and vice-president rules have been framed namely, the karnataka municipalities (president and vice president election) rules. ..... so far as the election of president and vice-president is concerned, section 42 provides that the disputes in regard to these elections have to be determined in accordance with the provisions contained in the rules and that judicial officer has to be prescribed to determine ..... the election tribunal is defined in section 2(9) of the act and it says that election tribunal means any judicial officer appointed by notification by the government to be election tribunal in respect of such area and where no such judicial officer is appointed, the civil judge having jurisdiction over the area within which the election has been ..... officer who is competent to determine the election dispute is the district judge who is having jurisdiction over the area in which the election takes place. .....

Hubballi Uraban Development Authority Vs. Hubballi Dharwad Municipal C ...

Court : Karnataka Dharwad

..... 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 ..... properties in question, which were earmarked for widening of national highway no.4 in the master plan published by local planning authority and earmarked as road margin area in the layout plans approved under the provisions of the kuda act, karnataka town and country planning act (for short ktcp act ) and the kiad act fall under the purview of section 32(5) of the kuda ..... khc-d:12094-db wa no.100266 of 2022 and connected matters167 arguments have been advanced before us stating that the concept of eminent domain and its key components be read into article 300-a and if a statute deprives a person of his property unauthorisedly, without adequate compensation, then the statute is liable to be challenged as violative of articles 14, 19 and 21 and on the principle ..... the bangalore- bellary road is national highway no.7 and there is a sales-tax checkpost situated after the railway crossing outside the bangalore city limits on n.h.7 and the entire land surrounding the checkpost office belongs to the state government, railway administration as well as to the indian ..... argued before this court that no construction can take place in the "no construction zone", keeping in view of sections 7 and 9 of the karnataka highways act, 1964 read with the circular dated 22nd december, 2005 issued by the state government. .....

P.R. Ramesh S/O Late P. Rudra Murthy Vs. State of Karnataka by Chief S ...

Court : Karnataka

Reported in : AIR2009Kant10; 2009(1)KarLJ328

..... 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 ..... in the light of the law declared by the apex court in the aforementioned judgment, the contentions urged by respondents 1 & 2 stating that due to merger or amalgamation of different urban local bodies and panchayats into the mahanagara palike to establish what is known as bruhat bangalore mahanagara palike, it had become necessary to appoint an administrator and defer the elections, cannot be accepted as a legal and justifiable ground to postpone the elections ..... this magnitude cannot be assumed to definitely postpone the elections and such a power cannot be read into section 509 of the act in the wake of the mandate contained in article 243-u of the constitution. ..... city corporation being surrounded by 7 city municipal councils and one town municipal council, for all practical purposes, due to urbanization of these areas, they are integrated with the bangalore city corporation ..... the present realities and the developments that have taken place are also required to be looked into. .....

State of Karnataka and anr. Vs. Hansa Corporation

Court : Supreme Court of India

Reported in : AIR1981SC463; (1980)4SCC697; [1981]1SCR823

..... 'local area' means the area within the limits of a city under the karnataka municipal corporations act, 1976 (karnataka act 14 of 1977), or a municipality under the karnataka municipalities act, 1964 (karnataka act 22 of 1964).6. ..... even if, therefore, a literal grammatical construction were to be adopted, on a proper reading of the section power is conferred on the state government by section 3 not only to specify different rates for different areas but also to specify local areas entry into which of scheduled goods would provide the taxing event. ..... the contentions which found favour with the high court, are : (i) section 3 of the act does not empower the state government to apply the provisions of the act to certain local areas only 'and to exclude other local areas; (ii) as the act imposes the tax on dealers irrespective of the value of scheduled goods brought by them into a local area and does not exempt petty dealers, the act imposes unreasonable restrictions on petty dealers. ..... it was urged that there is a certain amount of vagueness in section 3 inasmuch as no light is thrown by the words of the section or the other provisions of the act on the question as to computation of tax to be made at specified percentage ad valorem without specifying which price is to be taken into consideration for levy of tax, namely, the sale price or the purchase price of the concerned scheduled goods. .....