Court : Supreme Court of India
Reported in : AIR2009SC3009; 2009CriLJ4130; JT2009(13)SC679; RLW2010(1)SC164; 2009(8)SCALE816:2009AIRSCW4840
..... -- any person who has been arrested and not released under 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 ..... in all criminal cases and sessions trials, except in non-cognizable and minor/petty offences, at the time of filing of the challan/charge sheet the state should also file the photographs of complainant, material witnesses and all the accused persons and the same should be part ..... 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 some time been arrested in connection with such investigation or proceeding.9. ..... high court noted that though section 170(2) of the code provides for taking surety bonds from the accused persons for their appearance in court at the time when the charge sheet is filed or when the accused is forwarded to magistrate, this is not sufficient safeguard in ..... challenge in this appeal is to the order passed by a learned single judge of madhya pradesh high court, indore bench, which gave certain directions to the state government in the matter of identification of .....
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. ..... the principle which can be deduced from the above noted precedents is that while examining challenge to the constitutionality of a statutory provision on the ground of excessive delegation, the court must look into the policy underlying the particular legislation and this can be done by making a reference to the preamble, the objects sought to be achieved by the particular legislation and the scheme thereof and that the court would not sit over the wisdom of the ..... 11.by an order dated 28.06.1984, the state government, after taking cognizance of the difficulties being experienced by bwssb in supplying water to the bangalore metropolitan area and the possibility of acute shortage of water in next 10 years if the supply was not augmented, granted approval to the cauvery scheme. .....
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. ..... we however make it clear that in this appeal we have not decided the nature of levy under section 28b after it was introduced by the amending act as to whether it is a tax simpliciter requiring no service at all or whether it is a tax in the nature of a fee requiring services as held by the learned single judge in the earlier round of litigation. ..... it is for this purpose that under section 28a the bda was deemed to be a local authority so that i could collect the cess under the said respective acts. ..... applying the said principles to the facts of this case, we must hold that the delegation in question has been made to a statutory body which is entrusted with the duty of development is statutorily controlled and in the said process certain developmental activities under sections 29 and 30 of forming lay out, maintaining roads, bridges, sewer etc. ..... in other words, much power of levy can be vested in the bda only if the bda renders certain services to the subscribers to such tax and it is in this context that the high court gave a specific finding that no such services had been rendered. .....
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. ..... 2 of sub-section (c) word prescribed defined to mean as rules made under this act. s. ..... (2) care should be taken to see that history-sheets are opened under this order only of persons who are likely to turn out to be habitual criminals and, therefore, required to be closely watched. ..... provided that no order shall be made directing any person to the 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 some time been arrested in connection with such investigation or proceeding. ..... 96 of the karnataka police act, 1963, or in connection with an offence punishable with rigorous imprisonment for a term of one year or upward or in connection with an offence for the commission of which on a second or subsequent occasion enhanced penalties have been provided for under any law for the time being in force; or (b) in respect of whom direction or order under section 54 or section 55 of the karnataka police act, 1963, has been made, shall if so required by a police officer allow his measurements or photographs to be taken in the prescribed manner. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR1772; 1996(6)KarLJ1
..... karnataka prohibition of beggary act ..... 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 ..... 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 ..... the records that pursuant to notices issued to the tenants under, section 117 of the act, they had furnished full details of the rents which ..... landlord cannot reasonably be expected to receive from a hypothetical tenant anything more than the standard rent determinable under the provisions of the rent act and this would be so equally whether the building has been let out or is self-occupied by the owner. ..... 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. ..... the scheme contemplated under the aforesaid rules clearly provides that this contention is ex-facie misconceived because section 148 read with rules 8 and .9 clearly empowers the commissioner to revise the tax between one general revision and the other, by issuing a special .....
Tag this Judgment!Court : Karnataka
..... this writ petition having been heard and reserved for orders on3101.2024, coming on for pronouncement this day, the court made the following:- order the petitioner/central relief committee constituted under the karnataka prohibition of beggary act, 1975 (hereinafter referred to as the act for short) is calling in question an order dated 22-09-2017 passed by the 1st respondent declaring a particular 3 area as a slum ..... of slum under section 3 of the 1973 act has to pass though the rigors of section 11. ..... what is observed in the proceedings of the deputy commissioner which declares 27 guntas of land for development and rehabilitation of slum, it would completely come within the power and the reason as prescribed under section 3 of the act. ..... any part of the slum area or any building in the slum area which is not unfit for human habitation or dangerous or injurious to safety, health or morals may be excluded from the notification under sub-section (1) if the government considers it necessary. ..... objections were considered and a detailed proceeding is drawn up by the deputy commissioner by registering it as a case in no.ksa/c.r372014-15 and resolves the dispute by declaring 27 guntas of land as a slum under section 3 of the act. ..... 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
..... 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. ..... is that sub-section (3) of section 4 of the beggary act provides that subject ..... 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 ..... no.714 of 2024 wa no.870 of 2024 members thereof up to the date of next reconstitution: provided that no person nominated or elected to any of the authorities specified in section 20 shall hold office for more than two consecutive terms in such authority.7.6.1 the above provision contemplates that senate/syndicate/ academic council shall be constituted at or about the same ..... 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 ..... this takes the court to the controversy in writ petition no.10837 of 2023, the appellants whereof were nominated as the members of the syndicate of the rajiv gandhi university under section 24(1)(xii) of the rajiv gandhi university act ..... this section .....
Tag this Judgment!Court : Karnataka
..... 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. ..... is that sub-section (3) of section 4 of the beggary act provides that subject ..... 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 ..... no.714 of 2024 wa no.870 of 2024 members thereof up to the date of next reconstitution: provided that no person nominated or elected to any of the authorities specified in section 20 shall hold office for more than two consecutive terms in such authority.7.6.1 the above provision contemplates that senate/syndicate/ academic council shall be constituted at or about the same ..... 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 ..... this takes the court to the controversy in writ petition no.10837 of 2023, the appellants whereof were nominated as the members of the syndicate of the rajiv gandhi university under section 24(1)(xii) of the rajiv gandhi university act ..... this section .....
Tag this Judgment!Court : Karnataka
..... 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. ..... is that sub-section (3) of section 4 of the beggary act provides that subject ..... 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 ..... no.714 of 2024 wa no.870 of 2024 members thereof up to the date of next reconstitution: provided that no person nominated or elected to any of the authorities specified in section 20 shall hold office for more than two consecutive terms in such authority.7.6.1 the above provision contemplates that senate/syndicate/ academic council shall be constituted at or about the same ..... 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 ..... this takes the court to the controversy in writ petition no.10837 of 2023, the appellants whereof were nominated as the members of the syndicate of the rajiv gandhi university under section 24(1)(xii) of the rajiv gandhi university act ..... this section .....
Tag this Judgment!Court : Karnataka
..... amendment sub-section (3) states that only the special court constituted for the area in which the land grabbed situated alone is competent to take cognizance in respect of the offence of land grabbing or determination of questions of title and ownership or lawful possession of any land grabbed under this act and offences specified in chapter xiv- a of the karnataka land revenue act, 1964. ..... it would be necessary to extract the substituted provision of section 9(5)(b) at the cost of repetition and it reads:"(b) the special court may, if it thinks fit, try in a summary manner any offence under this act: provided that, if the special court is of the opinion that there are 577 no sufficient grounds for proceding, the court shall dismiss the complaint or drop further proceedings and in every such case it ..... is contended that land grabber is one who commits or committed the offence land grabbing 348 prior to act and section 9(1) and section 2(e) makes the offence under section 4(1) retrospective operation and article 21 of the constitution of india prohibits any person to be convicted of any offence if the same is not in violation of a law which was not in force at the time of commission of the offence. ..... the said sri n.j.joseph is said to have conveyed half share in his property in favour of petitioner no.2 by sale deed dated 31.03.1975 and on his demise, his wife and children have executed release deed on 24.03.2010 in favour of the second petitioner and accordingly, revenue records .....
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