Court : Karnataka
Reported in : ILR1975KAR739; 1974(2)KarLJ484
..... properties in their respective enjoyment.6. the karnataka land reforms act, 1961, (hereinafter called the act) came into force on 2-10-1965. the object of the said act, inter alia, is to terminate the relationship of landlord and tenant and to confer ownership rights on the tenants. landlords are prohibited from evicting their tenants. section 14 of the act permitted resumption subject to the terms and ..... conditions laid down therein. section 14 has now been deleted by the karnataka amendment act no. 1 of 1974. section 25 provides for surrender of lands held by a tenant. the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1975KAR252; 1975(1)KarLJ333
..... while endorsing or issuing the permit under sub-section (7) of section 63 of the act prohibiting the petitioners from entering into any contract of hiring other than the extension or modification of a subsisting contract outside the state of karnataka, is valid or not.4. sri keshava iyengar, learned counsel for the petitioners submits ..... empty vehicle. i am of the view that the condition which prohibits the petitioners from entering into a fresh contract outside the state of karnataka for the purpose of bringing the tourists into the state of karnataka, instead of advancing the purpose of the act, would defeat it. hence the condition that is imposed in the ..... permits issued to the petitioners which totally prohibits them from entering into a fresh contract outside the state of karnataka other than the extension or modification of a .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1975KAR481; 1975(1)KarLJ419
..... opinion, 'equally, applicable to determine the validity of clause (b) of amended rule 107 (1), which prohibits grant of a licence to a touring cinema in a town or city having a population of 25,000 or more. in the karnataka act also, there are, in my opinion, no provisions from which it is possible to spell out any legislative policy ..... to prohibit or discourage touring cinemas and to encourage permanent cinemas. the provisions of the act are, in my opinion, merely intended to regulate and not to ..... in a matter which the legislature alone could have legislated.47. clause (b) of amended rule 107 (1) is, in my opinion, ultra vires of the act which does not prohibit a licence being granted to a touring cinema in a place having a population of 25,000 or more, if the touring cinema fulfils the conditions provided by .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1975KAR621
..... ground that he has no jurisdiction to grant special permit since there is a scheme published under section 68-c of the act proposing to nationalise the contract carriages throughout the limits of the karnataka state to the complete exclusion of the other operators with an exception stated in the said scheme itself. challenging the validity ..... in the state. it is this omission that has been taken advantage of by the petitioners and formed the basis for their contention that the scheme did not prohibit the grant of special permit. it was, however, urged for the respondents that a special permit is nothing but a contract carriage permit to which the ..... scheme is proposed for the entire state of karnataka and, therefore none but the state transport undertaking could operate any public service vehicle on such permit if special permit is both factually and legally identical with .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1975Kant205; 1975(1)KarLJ476
..... payment of 'baithak' of sendhi shops and tree tax under the wrong impression that the hyderabad abolition of inams act (8 of 1955) prohibited any such payment on april 20. 1956 the abolition act was amended by act 10 of 1956, by which the provisions relating to payment of compensation were superseded while those relating to vesting continued ..... maintainable'. on this issue, the court below held that as the karnataka agriculturists' relief act. 1928, hereinafter referred to as the 'act of 1928' being repealed by the act of 1966 and as the latter act was struck down by this court in d. m. thippeswamy v. state of mysore. ((1970) 1 ..... written statement contending inter alia that the suit was not maintainable on the ground that it was barred by time in view of the karnataka agricultural debtors relief act. 1966, hereinafter referred to as the 'act of 1966. which came into force in the year ,1969. a preliminary issue was raised, 'namely, 'whether the suit was .....
Tag this Judgment!Court : Karnataka
Reported in : 1975CriLJ1367
..... of some of the alleged accused, to call for a report from a police officer, and that the magistrate is prohibited from directly having recourse to section 202, criminal procedure code abdicating the functions which he has already assumed, or even a portion ..... this court in sabawa v. gopalappa, in cri. revn. petn. no. 622 of 1970, rendered on 7-4-1971 (karnataka). sri swami was at considerable pains to distinguish the above two rulings, stating that the facts and circumstances were different. as pointed ..... of the offences. the supreme court has made the above position crystal clear in a later case reported in air 1961 sc 986 : (1961) 2 cri lj 39 (gopal das sindhi v. state of assam), which is the ruling most apposite to the ..... investigation, laid a charge-sheet against 8 persons as the accused, before the judicial magistrate first class, gokak. alleging overt acts leading to the murder of nagappa. the learned magistrate committed the case against those 8 accused to the sessions court, belgaum. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1975Kant211; 1975(2)KarLJ345
..... appeals as well as in the writ petitions.36. before concluding, we wish to point out that there is need for amendment of the motor vehicles act and the karnataka motor vehicles taxation act so as to introduce a separate classification of motor vehicles which are used by employers for providing transport facility to their employees exclusively. when the motor ..... carried in it. there is nothing in the definition of contract carriage which warrants such a restriction. when such a restriction is imposed and the permit holder is prohibited from carrying the public who may desire to travel therein under a contract for the use of the vehicle as a whole, it cannot be said that the ..... which the vehicle is permitted to carry.10-00 15-00 9. item 4-a in part 'a' of the schedule to the taxation act, inserted by the mysore (karnataka) motor vehicles taxation (amendment) act, 1972, which came into force on 1-7-1972, reads:4a.motorvehicles plying for hire or re-ward used for transport of passengers in .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1976Kant56; 1975(2)KarLJ403
..... passed. the order of eviction in h. r. c. 663/64 was passed on an application by the decree-holder under section 29 (4) of the karnataka rent control act, 1961 for summary eviction of the judgment-debtor for his failure to pay the rent as required by that section. the judgment-debtor opposed that application and contended that he ..... on the file of the 1st additional munsiff, bangalore, in which he sought the eviction of his tenant, the present judgment-debtor, under section 21 of the karnataka rent control act, 1961. during the pendency of the h. r. c. proceedings, an application was filed by the landlord-decree-holder under section 29 (4) of the ..... power of the court to execute a decree and that therefore, the order for delivery of possession in execution was without jurisdiction. it was further held that the prohibition on account of the house rent control order was not against the passing of the decree but against its execution and therefore the objection to the executability could only .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC994; 1976CriLJ722; (1976)1SCC24; 1975(7)LC705(SC)
..... judgment; but he never did so. in the counter-affidavit filed by respondent no. 4, he has categorically asserted that:it has been the practice and procedure in karnataka state not to act on true copies or the alleged true copies or the photostat copies of any order unless it is duly certified by the contempt authorities as the order of the ..... allegation was that even inspite of the fact that a photostat of a copy of the judgment of this court was given to him, he refused to take necessary action prohibiting the exhibition of film in the hall.4. all the respondents have filed counter affidavits in this court denying that they have committed any contempt.5. so far as ..... think that he is guilty of contempt merely because he granted a renewal of the licence to exhibit films under the cinematograph act from 2-9-1974 to 5-9-1974. the order of the high court only prohibited the 3rd respondent to exhibit films after 5-9-1974. and that was without prejudice to the right of the petitioner to .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1976Kant67; ILR1976KAR139; 1975(2)KarLJ462
..... has preferred the revision petition.3. the sole contention urged for the petitioner is that the injunction order was without jurisdiction as it was contrary to section 4 of the karnataka act 31 of 1974. counsel for respondent-1, however, submits that the revision petition is not maintainable. before i consider the contention urged for the petitioner, it is necessary to dispose ..... stated therein are of no assistance to respondent-1.the preliminary objection is therefore rejected.5. i will turn now to the contention urged for the petitioner. section 4 of act 31 of 1974 provides:'4. no temporary injunction without notice. - notwithstanding anything in any law, no civil court shall grant temporary injunction in respect of an agricultural land except after .....
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