Judgment Search Results Home > Cases Phrase: karnataka prohibition act 1961 section 2 definitions Page 1 of about 26,845 results (0.151 seconds)

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 means any land granted by the government to a person belonging to any of the scheduled castes or the scheduled tribes and includes land allotted or granted or such person under the relevant law ..... therefore, granting of occupancy rights under the karnataka land reforms act, 1961, in respect of a granted land whose earlier transfer or lease was contrary to section 4 of the act, would not give exemption to such a land from the applicability of the act. ..... , 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? ..... the combined effect of the aforesaid two sections is that any transfer (which includes a lease) of a granted land by a grantee contravening the terms of the grant or the law providing for such grant or section 4(2) of the act would be hit by section 4(1) of the act making such a transfer null and void; consequently any subsequent transfer 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. .....

D. Krishna Rao and Others Vs. the Special Deputy Commissioner, Bangalo ...

Court : Karnataka

Reported in : ILR1999KAR2992; 1999(5)KarLJ279

..... the learned counsel for tbe petitioners placed reliance on the decision in ningappa durgappa v hanumanthappa balappa and another and submitted that section 80 of the karnataka land reforms act, 1961 does not prohibit an agreement of sale between the land-owner and a non-agriculturist and in the said view of the matter the possession of the land by the society cannot be termed as unlawful. ..... to the deputy commissioner who may, subject to the provisions of this section and the rules made under this act, refuse permission or grant it on such conditions as he may think fit: provided that the deputy commissioner shall not refuse permission for diversion of such land included in the outlinedevelopment plan or the comprehensive development plan published under the karnataka town and country planning act, 1961 (karnataka act 11 of 1963), if such diversion is in accordance with the purpose of land use ..... section 79-b of the karnataka land reforms act, 1961 reads as follows.-'79-b. ..... rdp 124 bac 90, dated 19-4-1990 and therefore, the lands in question cannot be used for non-agricultural purpose under the provisions of the karnataka town and country planning act, 1961 (hereafter referred to as 'planning act').4. ..... as per the above said definitions a person to be an 'occupant' must be a holder in actual possession. .....

Chokkannagari Naravanappa Vs. Land Tribunal Chintamani and anr.

Court : Karnataka

..... was protected from eviction from any land by the karnataka tenants (temporary protection from eviction) act, 1961; (ii-a) a person who cultivates personally any land on lease under a lease created contrary to the provisions of section 5 and before the date of commencement of the amendment(iii) a person who is a permanent tenant; and(iv) a person who is a protected tenant.the tribunal has not rejected the claim of the petitioner on the ground that the lease in his favour was prohibited. ..... since the tribunal has not declined to recognise the status of the petitioner as a tenant on the ground that the lease in his favour was prohibited, there is no force in the argument of sri subba rao to the effect that the failure to consider his case in the light of retrospective amendment has resulted in prejudice.9. ..... requirement of a lease in a particular form is different from prohibiting creation of lease, under sub-section (1) of section 5 of the principal act barring certain exceptions all leases were prohibited. ..... on a reading of section 4 with the definition of 'tenant' as defined in section 2(34) of the act, it was argued that he must be considered as a deemed tenant coupled with the other circumstantial evidence viz. ..... consequential amendment is also made in the definition of 'tenant' with retrospective effect including clause (ii) (a) to the effect that lessee of a prohibited lease under section 5 shall also be a deemed tenant. .....

The Executive Engineer, Zilla Parishad Engineering Sub-division and an ...

Court : Karnataka

Reported in : AIR2001Kant53

..... there being no exception created in favour of the state law officers who are none else, but the advocates enrolled under section 17 of the advocates' act, 1961, in my opinion, they are also liable to pay the welfare fund stamp under the karnataka advocates' welfare fund act and to affix the same on the vakalathnama and if the same is not affixed, the court is bound to refuse to accept that vakalathnama. ..... as per the definition of 'advocate' given in this act namely the karnataka act no. ..... ' the definition of 'advocate' does not contain any exception nor section 23 contains any exception in favour of the advocates who are or have been appointed as government pleaders or government advocates. ..... the definition of the term 'advocate' given in section 2 of the karnataka advocates' welfare act provides as under :-- 'section 2. ..... ' a reading of this section per se reveals that it is mandatory on every advocate to affix the welfare fund stamp on every vakalathnama filed by him and section 23(1) prohibits the courts, tribunals and other authorities from receiving any such vakalathanama on which advocates' welfare fund stamp is not affixed. 5. ..... definitions. .....

Smt. Sumathi and anr. Vs. Vittala Kanchan

Court : Karnataka

Reported in : ILR2004KAR131

..... or his successor - in -title to take a loan and mortgage or create a charge on his interest in the land in favour of the state government ( a financial institution, a co-operative land development bank, a co-operative society) or a company as defined in section 3 of the companies act, 1956, in which not less than fifty one percent of the paid up share capital is held by the state government or the state government or both for development of land or improvement of agricultural practices and without prejudice ..... the karnataka land tribunal, : ilr1998kar2473 , has held that the bequest by way of will is not prohibited under section 61 of the act and it does not amount ..... placing reliance on the findings of the appellate court, argued that the lease executed in favour of the defendant by raju poojary is equally bad in law and hit by section 61 of the act counsel further contends that when there is transfer of the granted property, contrary to the terms of section 61(1) of the act, as an inevitable consequence, the granted land would be vested in the state government free from all encumbrances and the same is to be disposed of in accordance with ..... dwelling house not a part of an agricultural land nor connected with agricultural activities of land would not come within the purview of the definition of land under the act. ..... the definition of the land under the act excludes house sites and land used for non ..... the definition of the 'land' excludes house sites and land used exclusively for non .....

Gourawwa Vs. Laxmibai

Court : Karnataka

Reported in : ILR1989KAR1029; 1989(1)KarLJ302

..... the tenant is directed against the concurrent findings and orders of the courts below allowing the landlord's claim for eviction of the tenant on the ground under section 21(1)(a) of the karnataka rent control act, 1961.2. ..... does not prohibit a party choosing the expensive mode of service by registered post which is definitely more ..... it seems to me that the decision cited above does not lay down, that there is any prohibition against tendering or serving of such notice through registered post upon the tenant personally, or that the tender of notice should be made personally by the landlord, what is required is tender or service of notice ..... the matter, i do not find any infirmity or irregularity in the impugned orders warranting interference in this revision under section 115 of the c.p.c.in the result, civil revision petition is dismissed at the admission stage itself. ..... what is contemplated under clause (a) of section 21(1) of the act is that in order to seek protection from eviction on the ground of default in payment of rent, the tenant should pay the whole of the arrears of rent legally recoverable from him, within two months of the ..... clause (a) of section 21(1) of the act and rule 28 of the rules discloses the legislative intent to permit a quicker and less expensive manner of service of notices required to be given under the act. ..... for the tenant submitted that the notice of demand preceding the filing of the petition was not served in accordance with the provisions of the act. .....

Poovappa Bangera and ors. Vs. the Land Tribunal and ors.

Court : Karnataka

Reported in : ILR2004KAR4786; 2004(7)KarLJ438

..... the amended definition of tenant is as follows;' 'tenant' means an agriculturist (who cultivates personally the land he holds on lease] from a landlord and includes,- i) a person who is deemed to be a tenant under section 4; ii) a person who was protected from eviction from any land by the karnataka tenants (temporary protection from eviction) act, 1961; iia) a person who cultivates personally any land on lease under a lease created contrary to the provisions of section 5 and before the date of commencement of the amendment act; iii) a person ..... 2 to 7 submitted that the mysore land reforms act, 1961 prohibited creation of tenancy after the said act has come into force i.e. ..... it is further held that there will not be any prohibition for a brother claiming deemed tenancy under his another brother, because the former will not be the member of the latter's family within the meaning of sub-section 12 of section 2(a) of the act.21. ..... section 5 of the act prohibits creation or continuation of lease in respect of agricultural land after the commencement of the amendment act. ..... he draws my attention to section 5 of the said act, which prohibits creation or continuation of lease respect of any land after the appointed date. ..... he further submits that there is no prohibition for anthamma to lease the schedule lands in favour of her son-in-law. ..... therefore, there cannot be a prohibition for a son-in-law to claim tenancy under his mother-in-law.22. ..... it is as follows:'prohibition of leases, etc. .....

indira Bai Vs. Parashuram Kallappa Hande

Court : Karnataka

Reported in : ILR1988KAR1307

..... even the karnataka rent control act, 1961 does not prohibit the creation of permanent leases expressly though section 21 of ..... former class you have only to look and see what acts the statute prohibits, it does not matter whether or not it prohibits a contract; if a contract is deliberately made to do a prohibited act, that contract will be unenforceable. ..... contract as per the terms of the suit agreement?2) whether plaintiff proves that some terms of the agreement are void as contended in paras-5(a)(b)(c) and (d)?3) whether the suit agreement is hit by section 23 of the contract act?4) whether suit agreement is in violation of the provisions of section 21 of the mysore rent control act?on issues-2 to 4, the trial court gave a finding in the negative and by its judgment dated 11-11-1975 decreed the suit enforcing all the parts of the agreement. ..... part of the agreement does fall within the definition of 'consideration' under section 2(d) of the contract act. ..... how the trial court gave a decree to the plaintiff even though it came to a definite finding that there was lack of willingness on her part to affirm the entire agreement. ..... but the second part of the definition of sale as could be seen from above makes it clear that a contract for sale of such property shall take place on terms settled between ..... in my view simply because the definition of sale is restricted to payment of price the argument that the other consideration in an agreement cannot be considered as part of the agreement is .....

Rajashekhar and Another Vs. State of Karnataka and Others

Court : Karnataka

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

..... acts/rules/orders:constitution of india - articles 21, 162 and 226;karnataka ancient and historical monuments and archaeological sites and remains act, 1961 - section 4(1);karnataka country and town planning act, 1961;karnataka irrigation act - section ..... 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 seeking to maintain a water body in an extent of about 60 acres ..... the government taken to demolish the channapatna tank is not assailable on the ground that section 29 of the karnataka irrigation act, under which the notification at annexure-h is issued does not empower the authorities to ..... 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 beyond the enacting part, though it may be within the policy of the act: for it is only to the former case that the principle under consideration applies, and not to cases where, however, manifest the object of the act may be, the language is not fairly ..... having regard to this definition, it may be possible for the petitioners to contend that a tank constructed 900 years ago could be a 'structure', ('structure' being defined as 'to arrange the different parts of something into a pattern .....

Koragappa Gowda Vs. Jinnappa Gowda and Others

Court : Karnataka

Reported in : ILR1998KAR436; 1998(1)KarLJ402

..... the language used in section 61 of the karnataka land reforms act, 1961 discloses that the legislature ..... section 61 of the karnataka land reforms act, 1961 ..... the next question that is raised by the learned counsel for the 2nd respondent as his second contention is that since there is a bar under section 61 of the karnataka land reforms act for transfer of the property, the will made by the deceased in favour of the present petitioner is not valid in law and therefore the petitioner is ..... take a loan and mortgage or create a charge on his interest, in the land in favour of the state government, (a financial institution, a co-operative land development bank, a co-operative society) or a company as defined in section 3 of the companies act, 1956 in which not less than 51% of the paid up share capital is held by the state government or a corporation owned or controlled by the central government or the state government or both for development of land or improvement ..... the language is very clear and unambiguous, there is no prohibition for transfer of land, occupancy of which has been ..... (vide the definition in the succession act) this question also came up before the full bench of jammu and kashmir high court in lala devi dass v panna lal, wherein it is stated as ..... the definition in section 205(l)(ii) of the law of property act is - 'conveyance includes a mortgage, charge, assent, vesting declaration, vesting instrument, disclaimer, release and every other assurance of property or ..... definitely .....