Court : Supreme Court of India
Reported in : AIR2009SC3009; 2009CriLJ4130; JT2009(13)SC679; RLW2010(1)SC164; 2009(8)SCALE816:2009AIRSCW4840
..... sub-section (2) of section 11 of the karnataka prohibition of beggary act, 1975 (karnataka act 27 of 1975) or against whom an order of detention has been made under sub-section (1) of section 12 of the said act, shall, if so required by an officer-in-charge of a receiving centre or relief centre allow his measurements and photographs to be taken in the prescribed manner ..... has been arrested --(i) under section 55 of the code of criminal procedure, 1898, or under section 4 of the bombay beggars act, 1945;(ii) in connection with an offence punishable under section 122 of the bombay police act, 1951, or under section 6 or 9 of the bombay beggars act, 1945, or in connection with an offence punishable with rigorous imprisonment for a term of one year or upwards, or(b) in respect of whom a direction or order under section 55 or 56 of the bombay police act, 1951, or under sub-section (1) or (2) of section 23 of the bombay beggars act, 1945, or under section 2 of the bombay public security measures act, 1947, has been made, ..... an order to the effect, and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in the order and shall allow his measurements or photograph to be taken, as the case may be, by a police officer:provided that no order shall be made directing any person to be photographed except by a magistrate of the first class:provided further, that no order shall be made under this section unless the person has at .....
Tag this Judgment!Court : Supreme Court of India
..... - notwithstanding anything contained in any law for the time being force the authority shall be deemed to be a local authority for the purpose of levy and collection of,- (i) education cess under sections 16.17 and 17a of the karnataka compulsory primary education act, 1961 (karnataka act 9 of 1961); (ii) health cess under sections 3,4 and 4a of the karnataka health cess act, 1962 (karnataka act 28 of 1962); (iii) library cess under section 30 of the karnataka public libraries act, 1965 (karnataka act 10 of 1965); and (iv) beggary cess under section 31 of the karnataka prohibition of beggary act, 1975 (karnataka act 27 of 1975). 32. ..... laboratory, a maternity home, a child care centre, a library, a gymnasium, a bus stand or a bus depot; (ii) a recreation centre run by the government or the corporation; (iii) a centre for educational, social or cultural activities established by the central government or the state government or by a body established by the central government or the state government ; (iv) a centre for educational, religious, social or cultural activities or for philanthropic service run by a cooperative society registered under the karnataka co-operative societies act, 1959 (karnataka act 11 of 1959) or a society registered under the karnataka societies registration act, 1960 (karnataka act 17 of 1960) or by a trust created wholly .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC1885; JT2001(4)SC497; 2001(3)SCALE175; (2001)4SCC227
..... it is a levy imposed under the acts mentioned in that section, namely, the karnataka compulsory primary education act, 1961; karnataka health cess act, 1962; karnataka public libraries act, 1965; and the karnataka prohibition of beggary act, 1975. ..... another limb of the appellant's argument in challenging the amending act is that the legislature has blindly incorporated the machinery provisions of the corporation act under section 109, for the purpose of levying and collecting the tax which, according to the appellant, is arbitrary inasmuch as the tax collected by the corporation was to be utilised for large number of functions enumerated in section 59 of the corporation act while the amount so collected under the bda act is to be utilised for limited functions specified under section 28a of amending act. ..... the appellant before us along with some other petitioners had filed writ petition nos.4394-4410/88 before the high court of karnataka at bangalore contending inter alia, that the bangalore development authority (the bda) had no sanction under section 29 of the bangalore development authority act, (for short 'the bda act') to levy any tax, cess or fee on the owners of lands and buildings situated outside the corporation limits of the bangalore city corporation. .....
Tag this Judgment!Court : Karnataka
Reported in : 1992CriLJ1606; 1991(2)KarLJ375
..... likewise, in case of others such an action can be taken as required under section 11 of karnataka prohibition of beggary act of 1975, apart from 1920 act.12. ..... not only acts of highhandedness on the part of respondents but they are a clear case of misusing the powers on the one hand and misconstruing the provisions of criminal procedure code, karnataka police act and instructions given in the police manual and also identification of prisoners act of 1920; (2) the instructions that have been given in the police manual regarding maintaining history-sheet are not sanctioned by identification of prisoners act of 1920; (3) before taking such an action, the police has to take prior sanction from the magistrate as required under ..... ' (relief in iind writ petition) 'wherefore, under the circumstances, the petitioners above named pray that this hon'ble court be pleased to issue a writ in the nature of mandamus directing the 2nd respondent to remove the photos of the petitioners from the gallery of photos were the photos of habitual offenders and convicts are displayed and grant such other relief or reliefs as this hon'ble court deems fit under the circumstances of the case including costs. ..... ' here on the application presented by the concerned police, it cannot be treated for an order to measurement or photograph of an unconvicted person as a habitual offender or a beggar automatically. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR1772; 1996(6)KarLJ1
..... karnataka prohibition of beggary act. ..... on completion of the first stage of the building the corporation authorities issued a special notice dated 15.11.1983 (annexure-a) under rule 9 of part ii of the iii schedule to the act (hereinafter for short 'the taxation rules') read with section 147 of the act proposing to assess the annual rateable value (in short 'arv') of the super-structure at rs. ..... a plain reading of sub-section (2) of section 109 of the act clearly provides that subject to the deductions prescribed therein, the rateable value of the building or land shall be deemed to be the gross annual rent at which such building or land may at the time of assessment reasonably be expected to let from month to month or year to year.9a. ..... in the facts of the present case, it is not in dispute that the said notices had been issued by the revenue authorities pursuant to the specific delegation made in this behalf in their favour by the commissioner who was empowered to do so under section 66 of the act.33. ..... under rule 11 of the taxation rules actual hearing of the objections to the notices issued under section 67 of the act in regard to the enhancement of rateable valued is the commissioner, required to perform any quasi judicial function. ..... neither section 109(2) of the act nor any other provision under this act or any other statutory provisions makes the determination of rateable value dependent on the fair rent determined or determinable under the provisions of the rent act. .....
Tag this Judgment!Court : Karnataka
..... . a comprehensive reading of the orders passed by the hon'ble court and the observations made during the course of hearing, very clearly emphasizes the fact that the property in question should be preserved and protected for the 20 inmates housed in the beggars colony and it is the bounden duty of the central relief committee to make use of the property in question including collection of beggary cess for proper and effective implementation of the provisions of karnataka prohibition of beggary act, 1975 ..... it is the averment in the petition that the then state of mysore (now karnataka) in the year 1944 had acquired 311 acres of land in several survey numbers of sajjepalya and srigandhakavalu villages in yeshwanthpur hobli, bangalore north taluk and had handed them over to beggars rehabilitation centre. ..... nagaprasanna writ petition no.55797 of2017(gm-slum) between: central relief committee administrative office building beggar s rehabilitation centre magadi main road bengaluru 560 091. ..... no subsequent lease is granted to the said centre and while granting the lease, the deputy commissioner/ex-officio chairman of the central relief committee was also a party. ..... for the said purpose 27 guntas of land in sajjepalya village was sought to be acquired by issue of a preliminary notification exercising its power under section 3 of the karnataka slum areas (development) act, 1973 (hereinafter referred to as the 1973 act for short). .....
Tag this Judgment!Court : Karnataka
..... 2.3 in the other petition from which writ appeal no.870 of 2024 arose, the petitioner was nominated as chairman of the central relief committee under the karnataka prohibition of beggary act, 1975 (hereinafter referred to as the beggary act ) for a period of three years under the notification dated 26.07.2022. ..... 4.1 this petitioner-appellant was appointed as chairman of the central relief committee under the beggary act, which committee is constituted under section 4 of the beggary act. ..... what is to be noticed is that sub-section (3) of section 4 of the beggary act provides that subject to pleasure of - 11 - nc:2024. ..... khc:31562-db wa no.635 of 2024 c/w wa no.714 of 2024 wa no.870 of 2024 8.1 the division bench after discussing the provisions of sections 21 and 24 observed and held thus in paragraph 10, section 31 of the act provides that senate, syndicate and academic council shall be reconstituted at or about the same time every three years and members of the authorities shall, except in case of ex-officio members, hold office as members thereof up to the date of next reconstitution. ..... 7.7 what necessarily emanated from the above provisions of the rajiv gandhi university act, more particularly, section 31 read with section 56 of the act is that the member of the senate shall not continue beyond the term of the senate. .....
Tag this Judgment!Court : Karnataka
..... 2.3 in the other petition from which writ appeal no.870 of 2024 arose, the petitioner was nominated as chairman of the central relief committee under the karnataka prohibition of beggary act, 1975 (hereinafter referred to as the beggary act ) for a period of three years under the notification dated 26.07.2022. ..... 4.1 this petitioner-appellant was appointed as chairman of the central relief committee under the beggary act, which committee is constituted under section 4 of the beggary act. ..... what is to be noticed is that sub-section (3) of section 4 of the beggary act provides that subject to pleasure of - 11 - nc:2024. ..... khc:31562-db wa no.635 of 2024 c/w wa no.714 of 2024 wa no.870 of 2024 8.1 the division bench after discussing the provisions of sections 21 and 24 observed and held thus in paragraph 10, section 31 of the act provides that senate, syndicate and academic council shall be reconstituted at or about the same time every three years and members of the authorities shall, except in case of ex-officio members, hold office as members thereof up to the date of next reconstitution. ..... 7.7 what necessarily emanated from the above provisions of the rajiv gandhi university act, more particularly, section 31 read with section 56 of the act is that the member of the senate shall not continue beyond the term of the senate. .....
Tag this Judgment!Court : Karnataka
..... 2.3 in the other petition from which writ appeal no.870 of 2024 arose, the petitioner was nominated as chairman of the central relief committee under the karnataka prohibition of beggary act, 1975 (hereinafter referred to as the beggary act ) for a period of three years under the notification dated 26.07.2022. ..... 4.1 this petitioner-appellant was appointed as chairman of the central relief committee under the beggary act, which committee is constituted under section 4 of the beggary act. ..... what is to be noticed is that sub-section (3) of section 4 of the beggary act provides that subject to pleasure of - 11 - nc:2024. ..... khc:31562-db wa no.635 of 2024 c/w wa no.714 of 2024 wa no.870 of 2024 8.1 the division bench after discussing the provisions of sections 21 and 24 observed and held thus in paragraph 10, section 31 of the act provides that senate, syndicate and academic council shall be reconstituted at or about the same time every three years and members of the authorities shall, except in case of ex-officio members, hold office as members thereof up to the date of next reconstitution. ..... 7.7 what necessarily emanated from the above provisions of the rajiv gandhi university act, more particularly, section 31 read with section 56 of the act is that the member of the senate shall not continue beyond the term of the senate. .....
Tag this Judgment!Court : Karnataka
..... (ix) a writ of mandamus is issued to the state to constitute such 714 additional benches of the special courts preferably in all the districts in the teeth of section 7 read with section 7(4) of the karnataka land grabbing prohibition act, 2011 and taking into consideration the necessity and feasibility. ..... however, the magistrate would not be bound by the opinion of the police but such opinion would be formed on the basis of materials furnished by the police in the report and if the magistrate is of the opinion that there are sufficient grounds to proceed against the accused and said report would disclose that it would constitute an offence, then also magistrate can take cognizance and issue summons. ..... writ petition stands allowed and the proceedings pending in lgc432016 insofar as petitioner is concerned stands quashed.171.2 in view of the above finding and facts in the instant case being identical and similar, the petitioner in the instant case is also entitled to the relief sought for. ..... the centre and state acts have made provisions for "statutory presumption" of the guilt of the accused and some of the legislations which provide for such statutory presumptions are as under: sl.no.name of the act sections providing statutory presumptions under the act 1 indian evidence act, s.113 b, 106, 9 s.113 a, 114 a1872s.3 (proved) s.101 117 2 indian penal code s.304 b, 498a s.304 i & ii s. .....
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