Court : Karnataka
..... in that view of the matter, there shall be an interim order of stay of any further proceeding relating to change of land use under section 14(a) of the karnataka town and country planning act, 1961, in relation to properties within the metropolitan area of bangalore city from this day onwards until further orders. 14 7. ..... so far no such body has been constituted by the government according to section 95 of the karnataka land revenue act as far as corporation act is concerned and especially in bangalore development authority, there is no such committee to examine the things.10. ..... regard being had to section 503(a) of the karnataka municipal corporations act, 1976, which provides for a preparation of the development plan every year, by every corporation, to be submitted to the district planning committee constituted under section 310 of the karnataka panchayat raj act, 1993 or the metropolitan planning committee constituted under section 503(b) of the act, it is needless to state that any change of land use must be in tandem with the opinion of the metropolitan planning committee, at least for the ..... the intention behind introducing this section was that the existing provisions of the karnataka town and country planning act, 1961 was not very specific about the circumstances under which the change in land use from one purpose to another purpose under the outline development plan could be permitted. .....
Tag this Judgment!Court : Karnataka
..... and the petitioner have not only operated the mining lease in an illegal manner but they have been involved in offences under the karnataka forest act, 1963, the forest (conservation) act, 1980. ..... learned counsel for the government has placed reliance on section 80 of the karnataka forest act, 1963 which reads as: 80. ..... transfer of the area to the state government from the erstwhile ruler of sandur state, four forest blocks in sandur range were also notified under section 4 of the karnataka forest act, 1963. ..... the cec is also of the considered view that in the above matter, the rules, regulations and provisions of the mmrd act, mineral concession rules, the forest conservation act and various notifications issued by the state government have been flagrantly violated not because the concerned officers were not aware of them or there was any ambiguity or difference of opinion among the various ..... the relevant details in this regard which are available in the compilation of documents submitted by the state of karnataka would be illuminating and are, therefore, indicated below: - 23 - sl no name of the lessee ..... that mining operations in the cases of fifteen mining lease holders be suspended with immediate effect to which the response of the state of karnataka is as follows: the recommendations made by cec are acceptable to the state government. ..... these areas were forest for the purpose of fc act even before the issue of notification under section 4 of the karnataka forest act. ....22. .....
Tag this Judgment!Court : Karnataka
..... any license or permission to conduct business of online order processing and delivery of indian and foreign liqour including beer, wine and low alcoholic beverages ("lab") carried out by the petitioner in the state of karnataka, issue a writ of certiorari to call for the records pertaining to the impugned letter of the respondent dated0311.2018 having reference no.ecd/50/rev/gen/2016-17 (annexure-af) and quash the same and etc. ..... it was submitted by the learned additional solicitor general that these cases, namely, bhavani tea estate (supra) and vishnu agencies (supra) would have no application within the set up of the coffee act because the provisions of the statute expressly provided that there could be no sale or contract of sale, yet the high court had for purposes of sales tax assumed (notwithstanding the statutory prohibition) that ..... the arguments on these points, it was submitted that the petitioner has not violated any provisions of the karnataka excise act, 1965 (act, 1965 for short) or the conditions prescribed in the letter of authority issued. ..... it was also argued that the legislature has made a conscious difference between acquisition of coffee by compulsory delivery by the growers under section 25(1) of the act and purchase of coffee by the board under section 26(2) and, as such, compulsory delivery of coffee under section 25(1) cannot constitute a sale transaction as known to law between the growers and the ..... of sales tax, bihar reported in 1963 supp (3) scr459 5. .....
Tag this Judgment!Court : Karnataka
..... the offence under section 4(1), to pay fine of rs.1,000/- for the offence under section 12(1), to pay fine of rs.1,000/- for the 3 offence under section 6a and to pay fine of rs.250/- for the offence under rule 24-a of the karnataka shops and commercial establishments act, 1961 and rules 1963 and imposing default clauses in respect of each of the offences in case the appellant committed default. ..... it is thereafter that the complainant filed a complaint against the present petitioner for offences punishable under section 4(1) rule 3 and section 6-a, section 12(1) and rule 24-a of the karnataka shops and commercial establishments act, 1961 and rules 1963. ..... appeal by confirming the judgment of conviction and sentence passed by the trial court in c.c.no.1272/2006 convicting the accused petitioner herein for the offence under section 4(1) rule 3, and sections 6-a, 12(1) and rule 24a of the karnataka shops and commercial establishments act, 1961 and rules 1963. ..... petitioner (by sri m s aswatha reddy- advocate (absent)) and: state of karnataka represented by senior labour inspector 7th circle bangalore city. ... ..... 1 r in the high court of karnataka at bengaluru dated this the13h day of november, 2019 before the honble mr. .....
Tag this Judgment!Court : Karnataka
..... all the contentions and grounds urged on behalf of the appellant, it was contended that rule 4(2)(a) which is sought to be challenged was neither unconstitutional, unscientific nor was the same arbitrary or irrational or contrary to the provisions of the karnataka education act and as such, the question of declaring the same as unconstitutional does not arise.12. ..... ) rules, 2006 as unconstitutional and ultravires of the constitution of india and the karnataka education act, 1983: annexure-g; b) issue writ in the nature of certiorari or any other writ or order or direction in the similar nature quashing order dated:03. ..... respondents --- this writ appeal is filed under section4of the karnataka high court act, 1961, praying to set aside the order passed in the writ petition281282015 dated:07. ..... it was also contended that rule 4(2)(a) is contrary to the provisions of the karnataka education act since the mandatory requirement of providing 25,000 sq.ft of land is not found under the provisions of the karnataka education act. ..... the other argument advanced in this regard that rule 4(2)(a) is contrary to the provisions of the karnataka education act is also not convincing. ..... the learned single judge also came to the conclusion that rule 4(2)(a) does not offend any constitutional provision or limitations and that the said rule is also not contrary to any provision of the karnataka education act, 1993 so as to strike it down. .....
Tag this Judgment!Court : Karnataka
..... contention of the learned additional government advocate that under clause (s) of article 1 of schedule-ii to the karnataka court fees and suits valuation act, 1958, read with sub- sections (3) and (4) of section 6 of that act, each of the petitioners in the present writ petition, is liable to pay thereon a separate court fee ..... would further contend that in view of the provisions of section 6(3) and 6(4) of the karnataka court- fees and suits valuation act, 1958 (kcf & sv act for short) relating to multifarious suits , the court fee of rs.100/- in each of ..... constitution of india and is therefore void under article 13 of the constitution of india; c) issue a writ in the nature of mandamus directing the respondent to conclude the processes as required under rule 13 d of the 5 karnataka co-operative societies rules and to conduct elections by preparing final voters list without reference to section 20(2) (a-iv) (a-v) and section 27-a of the ..... these writ petitions, is maintainable, this court is not in a position to accept the said contention since in view of clause(s) of article 11 of schedule ii read with sub-sections (3) and (4) of section 6 of the of the kcf & sv act, each of the member of the petitioners-societies in the present writ petitions is liable to pay separate court fee of rs.100/- as if he had presented a separate writ petition. ..... co-operative societies, in all these writ petitions that they are registered under the karnataka co-operative societies act (the act for short). .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... to examine the question as to whether married daughter is to be treated as a separate unit for the purpose of computing ceiling and this honble court in w.p.no.40/1991 and w.p.no.1148/1991 has held that for the purpose of karnataka land reforms act, the married daughter does not belong with the family of her mother and each married daughter would constitute a separate family and in that event each one of them are entitled for separate ..... can be inferred from the definition under section 2(12) of karnataka land reforms act is that the stress is only on the existence of the relationship mentioned in the section and unit of title or jointness of holding in relation to property are not essential elements for attracting applicability of the definition of family under section 2(12) of karnataka land reforms act, 1961. ..... provisions under karnataka land reforms act would be section 2(12) wherein the definition of family is contemplated in karnataka land reforms act, 1961.18 ..... these provisions of karnataka land reforms act, the counsel for the petitioners would submit that the land tribunal has not at all examined the rights of married daughters as contemplated under section 63(4) of the karnataka land reforms act, 1961. ..... a conclusive indication that family mentioned in the land reforms act, 1961 is distinct and a clear pointer that undivided hindu family was not in the contemplation of legislature when it enacted the 19 said definition under section 2(12) of karnataka land reforms act, 1961. .....
Tag this Judgment!Court : Supreme Court of India
..... cognizance against the appellant, in the private complaint being p.c.r no.17214 of 2013, in the absence of sanction under section 197 of the code of criminal procedure read with section 170 of the karnataka police act, 1963, as amended by the karnataka police (amendment) act, 2013, and if not, whether the high court should have quashed the impugned order of the magistrate concerned, instead of remitting the complaint to the magistrate concerned and requiring the accused appellant ..... poovayya emphatically argued that under section 170 of the karnataka police act, no prosecution is to be entertained against a police officer, except with the previous sanction of the government, in case of any wrong alleged to have been done by such officer, by any act in pursuance of any duty imposed or authority conferred on him by any provision of the karnataka police act, 1963, or any other law for the time being in force, or even any act done under colour of or in excess of any such duty ..... 170 of the karnataka police act, 1963 provides as 170 ..... , therefore, have been quashed under section 482 of the criminal procedure code for want of sanction under section 197 of the code of criminal procedure 1973, read with section 170 of the karnataka police act, 1963. ..... the magistrate taking cognizance of the private complaint, ought to have been quashed by the high court, in the absence of sanction under section 197 of the code of criminal procedure read with section 170 of the karnataka police act, 1963.22. mr. .....
Tag this Judgment!Court : Supreme Court of India
..... the india-singapore dtaa and the other dtaas that we are concerned with, and after adverting to the definition of royalty that is contained in explanation 2 to section 9(1)(vi) of the income tax act, the aar then set out, from the locus classicus on copyright law, the following passage: before entering into a discussion on the applicability of the royalty definition, it is appropriate to recapitulate certain ..... non-resident, not being a company, or to a foreign company, any interest (not being interest referred to in section 194lb or section 194lc) or section 194ld or any other sum chargeable under the provisions of this act (not being income chargeable under the head "salaries") shall, at the time of credit of such income to the account of the payee or at the time of payment thereof in cash or by the issue of ..... (iii) for the purposes of deduction of tax under section 194lba or section 194lbb or section 194lbc or section 195, the rate or rates of income-tax specified in this behalf in the finance act of the relevant year or the rate or rates of income-tax specified in an agreement entered into by the central government under section 90, or an agreement notified by the central government under section 90a ..... the income tax act, india s dtaas with usa, france and sweden respectively, the high court of karnataka, on an examination ..... were pending that is to say, from 28-1-1978 to 24-11-1983 should be excluded in view of the principle laid down in section 15 of the limitation act, 1963. ..... 1963 .....
Tag this Judgment!Court : Supreme Court of India
..... titled prohibition of transfer of granted lands and states that, notwithstanding anything in any law, agreement, contract or instrument, any transfer of granted land made either before or after the commencement of the said act, in contravention of the terms of the grant of such land or the law providing for such grant, shall be null and void and no right, title or interest in such land shall be conveyed ..... suo motu, and after such enquiry as he deems necessary, the assistant commissioner is satisfied that the transfer of any granted land is null and void under section 4(1) of the act of 1978, he may, by order, take possession of such land after evicting all persons in possession thereof, in such manner as may be prescribed, and restore such land to the original grantee or his ..... holding that the karnataka high court and the authorities of the state of karnataka erred in adopting a rather pedantic and hidebound approach in giving effect to the provisions of the act of 1978 without ..... state of karnataka and another [(2020) 14 scc232, this court noted that section 4 of the act of 1978 did not prescribe the period within which an application thereunder could be made nor did it prescribe the period within which suo motu action could be taken, but held that an application for resumption of land under sections 4 and 5 of the act of 1978 made after a delay of 25 years ..... karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 [for short, the act .....
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