Court : Karnataka Dharwad
..... 12677-db wp no.105477 of 2023 and panchayat raj, government of karnataka, m.s. ..... through his private advocate who vehemently resists the petition on the ground of lack of locus standii of the lokayukta; the tribunal has after examining the records has entered a finding as to non-compliance of section 9(3) of the 1984 act and that does merit a deeper examination in the writ jurisdiction; the tribunal has given a cogent finding as to why it has foreclosed the proceedings; lastly, the articles of charge are not specific. ..... contention of the respondent employee that the lokayukta has no locus standii in a matter like this is bit difficult to countenance: firstly, the tribunal has faltered the action on the ground that section 9(3) of the 1984 act has not been complied with by the lokayukta; secondly, the articles of charge have not been properly framed. ..... advocate shri ashok harnanahalli argues that there are two significant infirmities in the impugned order namely: (i) the tribunal has recorded a finding that there is violation of section 9(3) of the karnataka lokayukta act, 1984 when apparently there is compliance and therefore there was absolutely no scope for invoking section 9(3)(a) & (b) of the act vide - 4 - nc:2024. ..... case involving quashment of government order made under rule 14a, the matter almost invariably goes back to the stage of section 12(3) of the 1984 act, unless the tribunal/court expressly says otherwise, and therefore, such cases need to be treated as of remand. .....
Tag this Judgment!Court : Karnataka Dharwad
..... learned counsel for respondent no.1 would submit that it is not the objections which were filed to the nomination paper submitted by the petitioner which was considered but it was the election petition filed under section 15 of the karnataka gram swaraj and panchayath raj act which was considered and orders - 6 - nc:2024. ..... lastly, he submits that in terms of section 19 of the act 1993, it is only if results of the election be materially effected that an election could be declared as void, the non disclosure of the acquittal of the petitioner could not have any such material impact and therefore, the same would ..... thus, i answer point no.3 by holding that the duty cast on the candidate to disclose all material facts cannot be read narrowly nor can it be circumscribed by application of the concept of election being materially affected in terms of clause (d) sub-section (i) of section 19 of the act of 1993.12. ..... when election is challenged to gram panchayat, election petition is required to be filed under section 15 of the act of 1993. ..... he submits that the non-disclosure of the acquittal of the petitioner in a criminal proceedings would not have any material bearing on the election inasmuch as the petitioner is being acquitted in the proceedings, it is only if there is a conviction, that section 19 (i)(d) of the act would come into play materially affecting the result. ..... belagali), for the election of gram panchayat members constituency no.7, choudapur village of gram panchayat, bevoor, g.p. .....
Tag this Judgment!Court : Karnataka Dharwad
..... heard to the concerned public servant: provided also that the appropriate government or any competent authority shall, after the receipt of the proposal requiring sanction for prosecution of a public servant under this sub-section, endeavour to convey the decision on such proposal within a period of three months from the date of its receipt: provided also that in case where, for the purpose of grant of sanction for ..... altered by a court in appeal, confirmation or revision on the ground of the absence of, or any error, omission or irregularity in, the sanction required under sub- section (1), unless in the opinion of that court, a failure of justice has in fact been occasioned thereby; (b) no court shall stay the proceedings under this act on the ground of any error, omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error, omission or irregularity has resulted ..... apart from the above, after conducting investigation under the provisions of the karnataka lokayukta act, 1984, certain reports have been submitted to the government for initiating disciplinary ..... -3 28enq2019dated dated 1/4/2019 13/5/2019 entrusted inquiry against sri sanjeevkumar ae, panchayath raj engineering department devadurga and the enquiry in no.lok/de/153/2019 is in progress ..... generated on account of a report from the comptroller and auditor general of india who had published a report with regard to several lapses in implementation of the scheme under the act in several .....
Tag this Judgment!Court : Karnataka Dharwad
..... held that such conditions are illegal, invalid and unenforceable being violative of article 300-a of the constitution of india; further, the notification dated 10.03.2006 issued by the state government under section 13-e of the ktcp act clearly indicates that such a condition was impermissible and cannot be imposed in respect of single plot layouts; significantly, the said condition, even if legally valid would merely require the writ ..... that despite being owners in possession and enjoyment of the respective portions of land sought to be acquired and their names having been shown as khatedars/anubhavadars in the notifications issued under section 15 of the kh act, at the time of passing the award, the special land acquisition officer has come to the conclusion that the respective writ petitioners are not entitled to compensation on the sole ground ..... india has 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. ..... learned single judge took into account the various statutory provisions contained in the kh act, kuda act, ktcp act and kiad act and came to the concision that none of the statutory provisions can be interpreted, construed or understood as depriving writ petitioners from their claim to compensation on account of acquisition of their lands ..... decisions:- (i) shirdi nagar panchayat vs. ..... 251 .....
Tag this Judgment!Court : Karnataka Dharwad
..... is submitted - 13 - wp no.102307 of 2023 that the provisions of rules, 1960 is pari materia with the provisions of the karnataka gram swaraj and panchayat raj act, 1993 and while interpreting the provisions, this court in the case of ramappa vs ..... . (2) the assistant commissioner shall thereafter convene a meeting for the consideration of the said motion at the office of the gram panchayat on the date appointed by him which shall not be later than thirty days from the date on which the notice under sub- rule (1) was delivered ..... .- (1) a written notice of intention to make the motion under the proviso to section 49 shall be in form i signed by not less than one-third of the total number of members together with a copy of the proposed motion shall be delivered in person by any two of the members signing of notice to the ..... - 1 - wp no.102307 of 2023 in the high court of karnataka, dharwad bench dated this the21t day of april, 2023 r before the hon'ble mr justice m.i.arun writ petition no.102307 of2023(cs-el/m) between: nasiruddin bhagwan s/o papulsab bhagwan age62years, ..... rule 14 akk of the karnataka co-operative societies rules, 1960 (hereinafter referred to as the rules, 1960 for short) reads as under: ..... the state of karnataka represented by its secretary department of co operative m.s.buidling, ..... that is how section 35(3) in this case will have to be ..... the chief executive of the society shall take action for the election of the office-bearers as per sections 29-e and 29-f. .....
Tag this Judgment!Court : Karnataka Dharwad
..... - (1) subject to the provisions of sections 3a, 3b and 4, a councillor or a member, belonging to any political party, shall be disqualified for being such councillor or member,- (a) if he has voluntarily given up his membership of such political party ; or (b) if he votes or abstains from voting in, or intentionally remains absent from any meeting of the municipal corporation, municipal council, town panchayat, zilla panchayat or taluk panchayat, contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf without ..... a member if he joins a political party 1[after expiry of six months from the date of commencement of his term of office, or in the case of a councillor or member whose term of office has commenced on or before the date of commencement of the karnataka local authorities (prohibition of defection) (amendment) act, 1995, after expiry of six months from such date. (3) x x x ]. ..... to be stated here that under the provisions of the karnataka municipalities act, there is no compulsion for a member of political party to act in a manner directed by his political party. ..... which he becomes a member before the expiry of six months from the date of commencement of his term of office, or in the case of a councillor or member whose term of office has commenced on or before the date of commencement of the karnataka local authorities (prohibition of defection) (amendment) act, 1995 within six months from such date. .....
Tag this Judgment!Court : Karnataka Dharwad
..... apart, there are officials from the departments of rural development & panchayat raj, co-operation, water resources, karnataka state seeds corporation, karnataka state seed certification agency, & karnataka agro- industries development corporation. ..... supra heavily relied upon by the writ petitioners was essentially - 27 - wa no.100030 of 2022 c/w wa no.100076 of2022framed in the light of fact matrix of the case which plainly fell into the precincts of the proviso to section 30 of the act, which provided for appointment as a temporary measure when the recruitment process for regular appointments, was in the air. ..... kadadevar, advocates for r4 & r5) this writ appeal is filed under section4of the karnataka high court act praying this hon ble court to set aside the order of the learned single judge made in w.p.104236/2021 dated0412.2021 and consequently dismiss the writ petition as devoid of merits, in the interest of justice & ..... kadadevar, advocates for r2 & r3) this writ appeal is filed under section4of the karnataka high court act praying this honble court to call for the records in wp.no.104236/2021 (s-res) on the file of the learned single judge of this hon ble court and set aside the order dated0412.2021 made ..... to cause audit of the accounts of the university; section 40 imposes the duty on the vice-chancellor and the board of management of the university to submit accounts and reports to the govt ..... make annual grants to the universities, subject to they being accountable to the govt. .....
Tag this Judgment!Court : Karnataka Dharwad
..... apart, there are officials from the departments of rural development & panchayat raj, co-operation, water resources, karnataka state seeds corporation, karnataka state seed certification agency, & karnataka agro- industries development corporation. ..... supra heavily relied upon by the writ petitioners was essentially - 27 - wa no.100030 of 2022 c/w wa no.100076 of2022framed in the light of fact matrix of the case which plainly fell into the precincts of the proviso to section 30 of the act, which provided for appointment as a temporary measure when the recruitment process for regular appointments, was in the air. ..... kadadevar, advocates for r4 & r5) this writ appeal is filed under section4of the karnataka high court act praying this hon ble court to set aside the order of the learned single judge made in w.p.104236/2021 dated0412.2021 and consequently dismiss the writ petition as devoid of merits, in the interest of justice & ..... kadadevar, advocates for r2 & r3) this writ appeal is filed under section4of the karnataka high court act praying this honble court to call for the records in wp.no.104236/2021 (s-res) on the file of the learned single judge of this hon ble court and set aside the order dated0412.2021 made ..... to cause audit of the accounts of the university; section 40 imposes the duty on the vice-chancellor and the board of management of the university to submit accounts and reports to the govt ..... make annual grants to the universities, subject to they being accountable to the govt. .....
Tag this Judgment!Court : Karnataka Dharwad
..... died while being at the worksite of the jala nirmala project in which they were working for the benefit the appellant and the deceased workmen were directly employed by respondent no.5- contractor and therefore in terms of section 12 of the act, - 9 - mfa no.24096 of 2010 c/w mfa no.24095 of 2010 the appellant has a right to recover the compensation awarded from the contractor-respondent no.5 on establishing that there is such a provision in ..... coming on for final hearing, this day, court delivered the following: - 5 - mfa no.24096 of 2010 c/w mfa no.24095 of 2010 judgment these appeals are at the instance of the zilla panchayat, belgaum calling in question the legality of award dated 25.02.2010 in kapaka:sr:43/2007 and in kapaka:sr:44/2007 passed by learned commissioner for workmen s compensation and labour officer, sub- division-ii, belagavi (for ..... about the basic facts that deceased were working as employees under the contractor in execution of the jala nirmala project for the benefit of the appellant herein and on account of explosion of some gelatin sticks preserved in the shed in the project site on 15.04.2005 at about 8.15 pm two persons, whose dependants are the claimants, had ..... and panchayat raj, m.s.building ..... - 1 - mfa no.24096 of 2010 c/w mfa no.24095 of 2010 r in the high court of karnataka, dharwad bench dated this the28h day of june, 2022 before the hon'ble mr justice p.krishna bhat miscellaneous first appeal no.24096 of2010(wc-) c/w miscellaneous first appeal no.24095 .....
Tag this Judgment!Court : Karnataka Dharwad
..... died while being at the worksite of the jala nirmala project in which they were working for the benefit the appellant and the deceased workmen were directly employed by respondent no.5- contractor and therefore in terms of section 12 of the act, - 9 - mfa no.24096 of 2010 c/w mfa no.24095 of 2010 the appellant has a right to recover the compensation awarded from the contractor-respondent no.5 on establishing that there is such a provision in ..... coming on for final hearing, this day, court delivered the following: - 5 - mfa no.24096 of 2010 c/w mfa no.24095 of 2010 judgment these appeals are at the instance of the zilla panchayat, belgaum calling in question the legality of award dated 25.02.2010 in kapaka:sr:43/2007 and in kapaka:sr:44/2007 passed by learned commissioner for workmen s compensation and labour officer, sub- division-ii, belagavi (for ..... about the basic facts that deceased were working as employees under the contractor in execution of the jala nirmala project for the benefit of the appellant herein and on account of explosion of some gelatin sticks preserved in the shed in the project site on 15.04.2005 at about 8.15 pm two persons, whose dependants are the claimants, had ..... and panchayat raj, m.s.building ..... - 1 - mfa no.24096 of 2010 c/w mfa no.24095 of 2010 r in the high court of karnataka, dharwad bench dated this the28h day of june, 2022 before the hon'ble mr justice p.krishna bhat miscellaneous first appeal no.24096 of2010(wc-) c/w miscellaneous first appeal no.24095 .....
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