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Rajashekhar and Another Vs. State of Karnataka and Others

Court : Karnataka

Reported in : AIR2000Kant215; ILR1999KAR3714; 1999(6)KarLJ219

..... tank, for developmental use, in the face of the karnataka irrigation act, 1961. in maxwell on interpretation of statutes, 12th edition, page 143, it is stated as follows:'keeping outside the act it is, however, essential not to confound what is actually or virtually prohibited or enjoined by the statutory language with what is really ..... order for stopping supply of water from the tank in question. the state has also sought to contend that under the karnataka country and town planning act, 1961 (hereinafter called the 'act' of 1961) a comprehensive development plan has been formulated reserving the land in question for various purposes such as commercial purpose, besides ..... declared as a 'monument' having regard to the fact that the tank was constructed apparently about 900 years ago. the karnataka ancient and historical monuments and archaeological sites and remains act, 1961 defines monument to mean any structure, erection or monument, or any tumulus or place of interment, or any cave, rock .....

Thirtharama and Others Vs. the State of Karnataka Represented by Its S ...

Court : Karnataka

..... ? in the context, it is relevant to refer to the definition of granted land as defined under section 3(1) (b) of the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (the act for short): granted land ..... karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 is inapplicable to a granted land i.e., a land granted by the government to a person belonging to any of the scheduled castes or the scheduled tribes but in respect of which occupancy rights were subsequently granted to a tenant under the karnataka land reforms act, 1961 ..... of such a land or any subsequent grant of occupancy rights under the karnataka land reforms act, 1961 in respect of such a land would also be null and void. therefore, granting of occupancy rights under the karnataka land reforms act, 1961, in respect of a granted land whose earlier transfer or lease .....

Union of India (Uoi), Represented Through the General Manager, Central ...

Court : Orissa

Reported in : 103(2007)CLT710

..... substitute of octroi duty, so also it cannot be called as a tax in aid of the funds of local authority. therefore, section 184(1) of the railways act, 1989 prohibiting levy of tax in aid of funds of local authority cannot be made applicable for claiming exemption by the railway against levy of entry tax.9. point no. (2 ..... state and is an indirect tax in which the taxable event is on the entry of goods.we also rely upon the decision in union of india v. state of karnataka (2002) 126 stc 501, and further after going through all these decisions, the irresistible conclusion is that the entry tax by no stretch of imagination can be held ..... parties, shri ashok mohanty, learned senior standing counsel of the commercial taxes department, relied upon a decision of the karnataka high court in union of india v. state of karnataka (2002) 126 stc 501, which followed the decisions in in re, sea customs act (1878), section 20(2) (supra) and collector of customs v. state of west bengal (supra). learned .....

Nitte Education Trust and Another Vs. Union of India and Another

Court : Karnataka

Reported in : [1997]89CompCas390(Kar)

..... government and when no institution can be allowed to charge any fee or thing beyond the ceiling limit of the fees prescribed by the government under the education act and the karnataka prohibition of capitation fee act, it is a farce to contend that the charging of the higher fee by private educational institutions than the fees charged for similar courses in government colleges ..... field and the establishment of educational institutions and administration and management thereof, being controlled by educational laws such as the education act, the karnataka prohibition of capitation fee act or the like can be said to be subject to the control under those acts and breach of any of the conditions or charging of fees than the fee ceiling prescribed can be dealt with under .....

Sri Andanur Rajashekar S/O Late Andanur Basappa Vs. Sri Vasavi Industr ...

Court : Karnataka

Reported in : ILR2007(1)KarSN2; 2007(2)KLJ547; 2007(2)KCCRSN69; 2007(2)KCCR1213; 2007(1)AIRKarR497; AIR2007NOC429

..... bolger reported in : ilr1988kar1413 while dealing with the interpretation of section 80 of the act has observed thus:karnataka land reforms act, 1961 (karnataka act no. 10 of 1962) - section 79 & 80 -scope and ambit-legality of transactions to be examined by authorities under act not civil court - no bar for civil court to grant specific performance of contract to ..... held that the plaintiffs were always ready and willing to perform their part of the contract and that the agreement to sell is not prohibited under the karnataka land reforms act.9. mr. raghavendra rao, learned counsel appearing for the defendants elaborating his submissions on the two substantial questions of law would contend that ..... subject to the conditions enumerated in clause (1) and (2) of the said proviso. it is no doubt true that section 23 of the contract act prohibits an agreement which is forbidden by law or agreement, if permitted would defeat the purpose of law or is fraudulent or is opposed to the public policy. .....

Smt. H.S. Lakshmamma Vs. Sri K.K. Ahammed Kutty and ors.

Court : Karnataka

Reported in : ILR2008KAR3528; 2008(5)KarLJ93; 2008(3)KCCR2114; 2008(5)AIRKarR254; AIR2008NOC2843; 2008(4)CivilLJ823

..... the lower appellate court was justified in reversing the judgment and decree of the trial court having recourse to section 7 of the karnataka scheduled castes & scheduled tribes (prohibition of transfer of certain lands) act, 1978?8. heard the learned counsel for the parties. shri ponnanna, learned counsel for the appellant, contended that having regard to ..... schedule tribe from the co-operative agricultural and rural development bank in an auction sale is hit the provision of section 4 of karnataka schedule castes and schedule tribes (prohibition of transfer of certain lands) act, 1978 ('ptcl' for short) is the question involved in this appeal.2. the facts, which are not in dispute, ..... the court went on to hold that in the light of the said principle of interpretation and in the context of the provisions of the sc & st act prohibiting alienation of granted lands and having regard to section 7 in particular, the person alienee 'should be' understood only as a natural person and none else. it .....

Krishnamurthy Vs. the Deputy Commissioner and ors.

Court : Karnataka

Reported in : ILR2002KAR3584; 2002(5)KarLJ248

..... to declare the sale of the land as void and the consequential relief of resumption and restoration under the provisions of the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act (for short the 'ptcl act'), as well as the order dated 8-6-1999 passed by the deputy commissioner, chikmagalur, in appeal no. ptl 27 ..... person belonging to either scheduled caste or scheduled tribe. it is to be remembered here itself that under the provisions of the land revenue act and various other provisions like the karnataka land reforms act, land grant rules, etc., time and again provisions are made to encourage cultivation and for grant of lands to the persons who do ..... fails and the same is rejected. 10. however, it is made clear that, if the sale of the land in question is prohibited under any of the provisions of the land revenue act or land grant rules or contrary to the conditions of grant, it is open to the authorities to take appropriate steps in this regard .....

Shripad Narayan Hegde Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1995KAR2679; 1996(5)KarLJ641

..... to persons belonging to the scheduled castes and scheduled tribes and for restoration of such lands to such persons, brought the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 into force with effect from 1.1.1979. the 3rd respondent filed an application before the assistant commissioner, sirsi sub ..... division bench in the said case was considering the scope and application of rule 29a of the karnataka land grant rules as amended in 1974 in the context of section 11 of the act. by rule 29a, the prohibition imposed upon the grantee to transfer the lands granted to persons belonging to s.c. and ..... sadashiva, j.1. this appeal arises from the proceedings commenced under the provisions of the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (for short 'act'),2. the appellants are the purchasers of lands bearing sy.nos. 48 and 56 of achanahalli village, sirsi taluk, uttar kannada district, .....

Dharma Naika Vs. Rama Naika and anr.

Court : Supreme Court of India

Reported in : AIR2008SC1276; 2008(3)KarLJ188; (2008)3MLJ279(SC); 2008(2)SCALE236; ].2008AIRSCW1312; 2008(2)Supreme82; 2008(3)LH(SC)2057; 2008(3)KLJ188; 2008(2)AIRKarR433.

..... of certain lands) act, 1978 (in short 'the act') came into force with effect from 1st of january, 1979. 4. the only question that needs to be decided in ..... the state government on the lines of the model legislation prepared by it and circulated to the state government. it is in that background, the act was introduced providing for prohibition of transfer and restoration of lands granted by the government to persons belonging to scheduled castes and scheduled tribes in the state. however, it ..... which this act was introduced, we are of the view that this appeal is liable to be dismissed for the reasons given hereunder, but before we proceed further, we may keep it on record that when the agreement for sale dated 6th of july, 1976 was subsisting, the karnataka scheduled castes and scheduled tribes (prohibition of transfer .....

Jayashankara Gowda Vs. Chief Secretary

Court : Karnataka

Reported in : ILR1988KAR1005

..... orderbopanna, j.1. in this batch of writ petitions the constitutional validity of the karnataka local authorities (prohibition of defection) act, 1987 (hereinafter referred to as the act) is challenged by the petitioners on various grounds. principally their challenge is premised on the ground of violation of articles 14, 19(1)(a) and ..... political party is one of the essential features for the establishment of panchayat raj and that is the reason the preamble to the act makes it clear that the act is meant to prohibit defection by the members of the zilla parishad and mandal panchayat from the political parties by which they were set up as candidates ..... urgency in dealing with such complaints and if any authority is necessary on this point, the decision of the supreme court in bata shoes co. v. ganguly, : (1961)illj303sc may be referred to. in the circumstances, the impugned order does not call for interference. accordingly, these petitions stand dismissedin writ petition no. 13844 of 1987, .....