Court : Karnataka
..... this court would like to extract section 81 of the karnataka police act, 1963, which states the provision relating to entry, search etc. ..... sub-divisional magistrate, or by a magistrate specially empowered by the state government in this behalf or by a superintendent of police or by an assistant or deputy superintendent of police, 7 (a) to enter, with the assistance of such persons as may be found necessary, by night or by day, and by force, if necessary, any building, room, tent, enclosure, vehicle, vessel or place, which he has reason to suspect is used as a common gaming- house or for the purpose of gaming on any of the objects referred to in sub-section (1) of section 78; (b) to search all parts of the building, room, tent, enclosure, vehicle, vessel or ..... place which he shall have so entered, when he shall have reason to suspect that any instruments of gaming .....
Tag this Judgment!Court : Andhra Pradesh
..... having regard to the language used under article 11 of the limitation act of 1963, the judgments relied on by the learned counsel for appellant/plaintiffs, which are with reference to the provision under section 10 of the carriers act of 1865, are of no help to their case. ..... as evident from ex.a-1, the consignment was booked on 06.11.1993 at maruvada village near tuni in east godavari district of andhra pradesh and it was to be delivered at mangalore of karnataka state, but it did not reach the factory of 2nd plaintiff at mangalore even after the lapse of 15 days from the date of its booking. ..... with regard to limitation, the trial court has relied on ex.a-2 and recorded a finding that the 1st plaintiff gave police complaint on 23.11.1993 at iii-town police station, rajahmundry, with a request to take action in the matter and to trace the goods. ..... rejected the contention of defendant that it is not a common carrier but is only a lorry broker, and thus, held that it falls within the definition of ".common carrier".but, with regard to the limitation aspect, the trial court has recorded a finding that the claim of plaintiffs is barred by limitation, as much as they failed to file the suit by 9th december 1996, but it was filed after expiry of 3 years period stipulated in article 11 of the indian limitation act, 1963. ..... some circumstances are shown by way of cogent evidence that goods could not have been reached for the reasons beyond human control i.e.like damage of bridges or roads etc. .....
Tag this Judgment!Court : Karnataka
..... shikaripura town police, shikaripura cr.no.89/2011 u/s 78 clause 03 of karnataka police act r/w section 420 of ..... police, shikaripura cr.no.354/2015 u/s 78 clause 03 of karnataka police act. ..... town police, shikaripura cr.no.353/2015 u/s 78 clause 03 of karnataka police act. ..... police, shikaripura cr.no.92/2015 u/s 78 clause 03 of karnataka police act. ..... town police, shikaripura cr.no.106/2014 u/s 78 clause 03 of karnataka police act. ..... police, shikaripura cr.no.23/2012 u/s 78 clause 03 of karnataka police act. ..... police, shikaripura cr.no.21/2012 u/s 78 clause 03 of karnataka police act. ..... police: cr.no.36/2011 u/s 78 clause 03 of karnataka police act. ..... 2014 u/s 78 clause 03 of karnataka police act. ..... proximately connected with such person; or (v) invalid for any other reason whatsoever; and it is not, therefore, possible to hold that the government or the officer making such order would have been satisfied as provided in sub-section (1) of section 3 with reference to the remaining ground or grounds and made the order of detention; (b) the government or the officer making the order of detention shall be deemed to have made the order of detention under the ..... are staying in a rented house with wife vasantha and 3 children ..... we enquired with that person whether he has any license etc. ..... accused veeramma w/o late shekarappa, aged about 60 years, lingayaths, kiran shop, hitla village, shikaripura taluk was collecting rupee 1 from the public with false assurance of giving back rs.80/- without having any license etc. .....
Tag this Judgment!Court : Karnataka Dharwad
..... wherein it is 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 petitioners not to oppose ..... counsel appearing for national highway authority of 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. ..... all these intra-court appeals arise out of the impugned common order dated 22.12.2021 passed in w.p.no.108208/2016 and connected matters, whereby all the petitions filed by the private respondents-writ petitioners were allowed by the learned ..... are several significant differences between regulatory exercises of the police powers and eminent domain of deprivation of property. ..... eminent domain is distinguishable alike from the police power, by which restriction are imposed on private property in the ..... that the land ceiling laws, laws providing for acquisition of land for providing housing accommodation, laws imposing ceiling on urban property, etc. ..... the police power fetters rights of property while eminent domain .....
Tag this Judgment!Court : Karnataka
..... the powers conferred by sections-4, 5, 6, 11 and 12 of the karnataka police act, 1963 (karnataka act 4 of 1964) and read with section-36 of the code of criminal procedure, 1973 (central act 2 of 1974) the government of karnataka hereby directs and appoints that, police officer of, and above the rank of inspector, in the 41 central crime branch (ccb), bengaluru as superior officers of police in respect of all police stations within the limits of police commissionerate of bengaluru city for the purpose of the exercising the powers, same as the officer in charge of a police station. ..... rakshit kankaria aged about33years s/o sri kushal kumar kankaria petitioners no.4 and5are r/at house no.8-2-684/1/5 kankaria house banjara green colony street no.4, road no.12 banjara hills hyderabad telangana - 577 ..... hon'ble supreme court, in the above said cases, in respect of enacting the legislature by following the procedures known to law or in the manner known to law, they cannot delegate the power to commissioner of police, etc. ..... r7) this writ petition is filed under articles226and227of the constitution of india read with section482of the code of criminal procedure, praying to quash notification dated252.2021, bearing no.hd18pop2021passed by the government of karnataka, produced hereto as annx-c and etc. ..... and dinner and started enquiring about properties and assets of her father and then started 8 pressurizing her for making arrangement for shopping of the marriage at jaipur, kolkata, milan, etc. .....
Tag this Judgment!Court : Karnataka
..... the powers conferred by sections-4, 5, 6, 11 and 12 of the karnataka police act, 1963 (karnataka act 4 of 1964) and read with section-36 of the code of criminal procedure, 1973 (central act 2 of 1974) the government of karnataka hereby directs and appoints that, police officer of, and above the rank of inspector, in the 41 central crime branch (ccb), bengaluru as superior officers of police in respect of all police stations within the limits of police commissionerate of bengaluru city for the purpose of the exercising the powers, same as the officer in charge of a police station. ..... rakshit kankaria aged about33years s/o sri kushal kumar kankaria petitioners no.4 and5are r/at house no.8-2-684/1/5 kankaria house banjara green colony street no.4, road no.12 banjara hills hyderabad telangana - 577 ..... hon'ble supreme court, in the above said cases, in respect of enacting the legislature by following the procedures known to law or in the manner known to law, they cannot delegate the power to commissioner of police, etc. ..... r7) this writ petition is filed under articles226and227of the constitution of india read with section482of the code of criminal procedure, praying to quash notification dated252.2021, bearing no.hd18pop2021passed by the government of karnataka, produced hereto as annx-c and etc. ..... and dinner and started enquiring about properties and assets of her father and then started 8 pressurizing her for making arrangement for shopping of the marriage at jaipur, kolkata, milan, etc. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR5401; 2006(1)KarLJ300
..... into bangalore to be employed in live bands in bangalore and after discussing the matter with the commissioner of police, bombay, he was satisfied that the bombay girls may influx into bangalore and many articles were also published in the media in regard to influx of girls from bombay and on the information received, exercising the proviso to section 31(6) of the karnataka police act, the licensing order in question was given effect to by dispensing with the notice as required under the ..... considering the proviso to section 31(6) of the karnataka police act, the learned counsel appearing for the petitioners do not dispute the powers of the commissioner of police to dispense with the previous publication. ..... is required to be considered by this court in these writ petitions is whether the commissioner was satisfied with the circumstances existed on the date of issuance of the license order to dispense with the previous publication as per proviso to sub-section (6) of section 31 of the karnataka police act.11 in mohinder singh gill v. ..... therefore, they contend that the respondents as an after thought are relying upon the proviso to section 31(6) of the karnataka police act.17. ..... to support their contentions they relied upon section 165 of the karnataka police act.6. ..... according to the respondents, the present order has brought into force forthwith by dispensing with the previous publication, considering the provisio to section 31(6) of the karnataka police act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR4822; 2001(1)KarLJ335
..... as far as the judgment in rama recreation association's case, supra, interpreting the definition under section 2(14) and (15) of the karnataka police act is concerned, no exception can be taken to the view expressed by the learned judge. ..... it is contended that by registering the club under the societies registration act, the petitioners cannot carry on activities such as gambling, serving of liquor and conducting games of chance within the premises of the association.7. ..... is contended that nothing but lawful activities are being carried on in the premises of the club/association and no games of chance or events of public amusement are being conducted in the premises. ..... it is further averred that amongst the card games, only rummy which is declared to be a game of skill by the supreme court in its judgment in state of andhra pradesh v ..... at the same time, as observed by the supreme court in that very decision (referred to supra), if there is betting or some other form of gambling associated with the game or rummy is allowed to be played in the club as a source of making profit or gain by certain individuals running the show, it might perhaps cross the dividing line and fall in the objectionable zone of gambling house. ..... to 13692 of 1993, decided on 9-7-1996 who gave the following directions:these petitions are allowed by declaring that the petitioners are not liable to obtain licences, if they do not admit members of public and if no gambling or games of chance are played in their clubs. .....
Tag this Judgment!Court : Karnataka
Reported in : 1992CriLJ1606; 1991(2)KarLJ375
..... 96 of the karnataka police act, 1963, or in connection with an offence punishable with rigorous imprisonment for a term of one year or upward or in connection with an offence for the commission of which on a second or subsequent occasion enhanced penalties have been provided for under any law for the time being in force; or (b) in respect of whom direction or order under section 54 or section 55 of the karnataka police act, 1963, has been made, shall if so required by a police officer allow his measurements or photographs to be taken in the prescribed manner. ..... sunset and sunrise :- whoever is found between sunset and sunrise :- (a) armed with any dangerous instrument with intent to commit an offence, or (b) having his face covered or otherwise disguised with intent to commit an offence, or (c) in any dwelling house or other building, or boat, without being able satisfactorily to account for his presence there, or (d) lying or loitering on any street, yard or other place being a reputed thief and without being able to give satisfactory account of himself ..... 80 of karnataka police act of 1963, in that both were caught when they were playing, 'andhar, bahar' game which is forbidden. ..... since common question of law is involved in these petitions, they are clubbed together and a common order is passed.2. ..... in order to see persons of such persons in future is assured and there shall not be any scope of impersonation or fabrication etc. .....
Tag this Judgment!Court : Karnataka
..... in order to answer these two points which are interlinked, it is also necessary to extract section 31(1)(w) section 31(2) and section 31(6) of karnataka police act 1963, which read as follows:section 31(1)(w):- power to make orders for regulation of traffic and for preservation of order in public places, etc. ..... at this stage, it is relevant to mention that the object and purpose of karnataka shops and establishments act is for the regulation of conditions of work and employment in shops and commercial establishments whereas, the object and purpose of the karnataka police act is for the regulation of police force in the state of karnataka for maintenance of public order for the prevention of gaming and for certain other purposes. ..... in the said decision, the mumbai high court held that the bombay shops and establishments act is an act to consolidate and amend the law relating to regulation and conditions of work, employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres, other places of public amusement or entertainment and other establishments and under section 4 of the act, exemption from the provisions of the act in respect of the establishments, employees and other persons mentioned in the schedule from those ..... since these writ appeals raise common questions of law they have been heard together and are disposed of by this order.2. .....
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