Judgment Search Results Home > Cases Phrase: karnataka prohibition act 1961 section 50 analysis of articles mentioned in section 16 Page 1 of about 1,243 results (0.130 seconds)

H.M. Krishna Reddy Vs. H.C. Narayana Reddy

Court : Karnataka

Reported in : AIR2001Kant442; ILR2001KAR3870

..... (b) subject to the provisions of sections 39 and 80 of the karnataka land reforms act, 1961 (karnataka act 10 of 1962), whenever a fragment is proposed to be sold, the owner thereof shall sell it to the owner of a contiguous survey number or recognised sub-division of a survey number (hereinafter referred to as the contiguous owner). ..... inother words, when they want to 'fix the date of performance' in the 'agreement of sale' without reference to a 'calendar date', the agreement must mention the nature and description of future event, which according to the knowledge of the parties or 'common knowledge' is 'certain to happen'. ..... shamanna gounda and others, for the proposition that the words 'date fixed' occurring in article 54, has reference to not merely 'calendar dates' but also 'dates with reference to an event certain to happen'. ..... though, the argument at the first sight is attractive, but on a careful analysis, the same is liable to be rejected, for the reasons to be found herein below.13. ..... besides, it is also necessary to note, the fragmentation act did nottotally prohibit 'sales'. ..... the said act which was in force during the time when the agreement was executed, prohibited the sale of any 'fragment', except with the permission of the tahsildar or the owner of the contiguous land of the same survey number. ..... fragmentation prohibited. ..... but there was no total prohibition. .....

Rudrappa Mahadevappa Humbi (Deceased) by L.Rs and ors. Vs. Shivalingap ...

Court : Karnataka

Reported in : 2001(6)KarLJ394

..... -section 23 of the karnataka rent control act prohibits the tenant from sub-leasing the leased property after the commencement of part v of the act. ..... 1 has not expressly provided for the tenant the 'right to sub-lease the premises' and so also admittedly, the act of sub-lease complained of by the landlord was at a point of time much after coming into force part 5 of the karnataka rent control act, 1961 and also the act. ..... it is therefore not 'premises' within the meaning of karnataka rent control act: he elaborated by contending, the leasedproperty was an agricultural land, when the lease deed was made, and though on the date of filing of the petition for eviction, the said property was not used for agricultural purpose, still it was an agricultural land and not a 'premises' within the meaning of section 3(n) of the act as according to him, the nature of the land 'when leased' is the determining factor. ..... keshava iyengar, the learned counsel appearing for the landlord contended by reading section 23 of the karnataka rent control act and also the decision of the supreme court in v. ..... during the subsistence of the lease, the karnataka rent control act, 1961 (hereinafter called 'act' for brevity) came into force, which governed the relationship of the landlord and tenant in the matter of evictions and other matters provided therein.5. ..... a close analysis of section 23 manifests that the non obstante clause viz. .....

Munimasthaiah Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1995KAR2323; 1996(1)KarLJ57

..... made in forest land or on tank bed;(iv) unauthorised constructions made in the area specified as green belt in the comprehensive development plan or outline development plan prepared under the karnataka town and country planning act, 1961 (karnataka act 11 of 1963) or declared as green belt under sub-section (3a) of section 95 of the karnataka land revenue act, 1964; (karnataka act 12 of 1964),(v) unauthorised constructions made by any person on the land belonging to another person over which former has no title;(vi) unauthorised construction having more than two floors ..... thus the land is vested in the bda and in view of the statutory prohibition to regularise the unauthorised construction on the land vested in a local authority the application deserves rejection at the threshold. ..... the consideration by the screening committee in respect of such established fact is only an empty formality and no writ of whatsoever nature need be issued to complete an empty formality and that is not what article 226 is meant for.7. .....

Jayashankara Gowda Vs. Chief Secretary

Court : Karnataka

Reported in : ILR1988KAR1005

..... elections is one aspect of the basic structure of the constitution and therefore, unless defection is made for personal gain, defection which was induced or motivated by a right to dissent cannot be prohibited under the provisions of section 3(1)(b) of the act; that the word 'election' means voting by ballot, that is, secret ballot and that 'vote' means a voluntary expression of the will of the individual who votes and that formal ..... prove the contrary; that the rights of the petitioners are also as much part of the fundamental rights as constitutional rights and that the restrictions imposed under section 3(1)(b) of the act should be tested by the positive rights guaranteed under article 19(1) of the constitution and the negative rights also must be judged by the same standard as this court judges the positive rights conferred by the constitution; ..... the election of these members to zilla parishad and mandal panchayat, as the case may be, is controlled by the karnataka zilla parishads, taluka panchayat samithis, mandal panchayats and nyaya panchayats (conduct of election) rules, 1985, framed under the zilla parishads act; that the provisions of article 19(1)(a) and 19(1)(c) are not applicable to the facts of these petitions since the members of the zilla parishad and mandal panchayat ..... the implementation of schemes under the state plans in respect of the development functions of the zilla parishad mentioned in the sub-section (1) which can be executed by the zilla parishad. ..... 1961 .....

Aishat Shifa Vs. The State Of Karnataka

Court : Supreme Court of India

..... refer 1) karnataka education act 19832) government circular:509 shh2013 date:31- 01-2014 preamble:- 13 as mentioned in the above at reference no.1, the karnataka education act 1983 passed by the government of karnataka (1-1995) section [7(2)(g)(v)]. ..... 02.2022 in the backdrop of the issues highlighted in the proposal, using the powers granted by karnataka education act, 1983 sub-rule 133 (2) [section 7(1)(i), 7(2)(g)(v) and karnataka education act (classification, regulation, curriculum scheduling, others) of rules 1995 as per rule 11**, all the government schools in the state are mandated to abide by the official uniform. ..... the bombay high court appraised the matter, and ruled that it was not a violation of article 25 of the constitution for the principal to prohibit the wearing of head scarf or head covering in the school.3) subsequent to the hon ble supreme court s abovementioned ruling, the hon ble madras high court, in v. ..... this is what was said, petitioners contention that a class room should be a place for recognition and reflection of diversity of society, a mirror image of the society (socially and ethically) in its deeper analysis is only a hollow rhetoric, unity in diversity being the oft quoted platitude .3771. ..... in the ultimate analysis, the balancing act that is to be carried out between individual, societal and state interests must be left to the training and expertise of the judicial mind. .....

Tejaswini Patil and Etc. Vs. Bangalore Uuniversity and Others

Court : Karnataka

Reported in : AIR1991Kant352; ILR1991KAR387; 1991(1)KarLJ556

..... buildings, bangalore, dated: 5th june, 1989notification in exercise of the powers conferred by subsection (1) of section 5 of the karnataka educational institutions (prohibition of capitation fee) act, 1984, the government of karnataka hereby fix the tuition fee and other fees and deposits that may be collected by the private medical colleges in the state with effect from the academic year ..... whether the evil of collection of heavy capitation fee for giving admission to the private medical colleges in the state by them, is really abolished as intended by the karnataka educational institutions (prohibition of capitation fee) act 1984, ('the act' for short), or the evil is aggravated on account of the manner in which the act is implemented by the state government, in that, while the collection of heavy capitation fee continues unabated as alleged, heavy burden by way of tuition fees added by ..... no violation of any of the fundamental rights of the petitioners therein and it was further held that the provisions of the act might be openfor challenge on the ground of violation of fundamental rights guaranteed under articles 14, 19 and 21 of the constitution after the expiry of five years from the date of commencement of the act, if no provision is made by the state to enable the private colleges/ managements to collect fees from the students to the ..... liberty to charge less than the fees prescribed at 1(c), 1(d), and 1(e) above in respect of the different categories mentioned therein. 11. .....

Veranna Veerabhadrappa Vs. the District Registrar and anr.

Court : Karnataka

Reported in : AIR2005Kant27; ILR2004KAR4699; 2004(7)KarLJ646

..... being in force, where any document required to be registered under the provisions of clauses (a) to clause (c) of sub-section (1) of section 17 of the registration act, 1908 (central act 16 of 1908) purports to transfer by sale, mortgage, gift, lease or otherwise any land or part thereof referred to in section 4, no registering officer appointed under that act shall register any such document unless the transferer produces before such registering officer a permission in writing of the competent authority ..... be materials before the registering authority to come to the conclusion that the land which is being purported to be alienated comes under the prohibition mentioned in section 3 & 4 of the act. ..... that both the courts below have legally erred in not properly considering the powers of the sub-registrar under the registration act as well as the karnataka (restriction on transfer) act 1991, hereinafter called the restriction on transfer act, and under the urban land ceiling act. ..... , gift, lease or otherwise any land or part thereof situated in any urban area which is proposed to be acquired in connection with the scheme in relation to which the declaration has been published under section 19 of the bangalore development authority act 1976 or section 19 of the karnataka urban development authorities act, 1987. ..... the karnataka land (restriction on transfer) act was enacted to impose restriction on transfer of land which have been either acquired by government or in respect of which .....

V.D.S.R.Re.Rolling Mill. Vs. the Special Commissioner and Commissioner ...

Court : Chennai

..... (2) whether the assistant commissioner has no jurisdiction to invoke the provisions of the act in view of the provisions of the act of 1961 in particular section 138 thereof?the karnataka high court held that the writ petition is maintainable and tracing mysore revenue grant rules framed under mysore grant revenue code, ultimately found that the alienation effected by the original grantee ..... " the prohibition from alienation is to effectuate the constitutional policy of economic empowerment under articles 14, 21, 38, 39 and 46 read with the preamble of the ..... form of order of assignment to be used, is the same as for the scheduled castes, mentioned in clause (iii) above, which should be adopted with suitable modifications, wherever necessary. ..... the petitioner, who claims to have purchased the subject lands from "pandiyan re-rolling mills" in para 2 of the supporting affidavit, quiet conveniently, has failed to mention even the date of purchase of the lands from the said mill ..... . judged by this principle, in the background of the facts and circumstances mentioned before, we are of the opinion that there has been no real prejudice caused by infraction of any particular rule of natural justice of which appellant before us complained in ..... care must be taken to see, that, in all cases of disposal of land, the conditions of the grant are fully settled and clearly mentioned in the order of the assignment. ..... scheme is violated, the land shall be taken back again as mentioned in the 1st scheme." 34. .....

Tashi Delek Gaming Solutions (Private) Limited and ors. Vs. State of K ...

Court : Karnataka

Reported in : AIR2005Kant261; ILR2005KAR1548; 2005(2)KarLJ403

..... notification dated 24-7-2004 issued in exercise of powers conferred by section 5 of the lotteries (regulation) act, 1998 (for short, 'the act') the government of karnataka declared the state to be a free zone from online and internet lotteries and prohibited the sale of all computerized and online lottery tickets marketed and operated through vending machines, terminals, electronic machines and tickets sold through internet in the state of karnataka with effect from the date of the notification. ..... the dispute, as already observed, is between the state of sikkim on the one hand and the state of karnataka on the other and the provisions of article 131 of the constitution cannot be allowed to be bypassed merely because the state of sikkim had joined its agents and sub-agents as petitioners in the ..... in the writ petition raised an objection that the dispute therein was primarily between the state of sikkim on the one hand and the state of karnataka on the other and therefore the bar contained in article 131 of the constitution was attracted and the writ petition was not maintainable. ..... since the dispute is between the state of sikkim the sale of whose online lottery tickets has been prohibited and the state of karnataka who has prohibited the same, we are clearly of the view that the provisions of article 131 of the constitution are attracted which provides that the supreme court shall to the exclusion of any other court have original jurisdiction in any dispute between two or more .....

Rahamtulla and ors. Vs. State

Court : Karnataka

Reported in : 1978CriLJ109

..... or without sureties to appear and receive sentence when called upon during such (period not exceeding 3 years as the court may direct and, in the meantime to keep the peace and be of good behaviour, sub-section (1) of section 6 of the above mentioned act, as stated earlier, imposes a duty upon the court when it finds a person under 21 years of age, guilty of an offence punishable with imprisonment other than imprisonment for life, not to sentence him to ..... out of the various offences for which the minimum sentence is prescribed, only the offence under sub-section (2) of section 5 of the prevention of corruption act has been mentioned in section 18 of the probation of offenders act and not the other offences for which the minimum sentence is prescribed shows that in case of such other offences the provisions of probation of offenders act can be invoked.in view of the above enunciation, there can hardly be any doubt that despite ..... 100/- is prescribed by the karnataka excise act for a person found guilty of the offence under section 32 of that act, the court can still resort to the provisions ..... no doubt section 32 of the karnataka excise act prescribes for the first offence a minimum sentence of three months' rigorous imprisonment and fine of not ..... 2171/1971 convicting the petitioners who were respectively a-l, a-2, a-3, a-5, a-6 and a-7 under section 14 (2) r/w 32 of the karnataka excise act and sentencing each of them to undergo rigorous imprisonment for four months and to pay a .....