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N.N. Nivani Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1987KAR432

..... by such rules is passed by the legislature ; that the legislature while enacting the karnataka public libraries act, 1965 (hereinafter referred to as the 'act') has specifically provided under section 15 that all posts in the department of public libraries, the state central library and every local library authority shall be by appointment of persons belonging to the karnataka state library service ; that as the director of public libraries (formerly known as state librarian) is one of the posts belonging to the karnataka state library service, it is not permissible for the state government to fill up that post ..... surya prakash, the following points arise for consideration :(1) having regard to the provisions contained in section 15 of the karnataka public libraries act, 1965, whether the post of director of public libraries (formerly known at state librarian) can be filled by deputation by the state government in exercise of the power under rule 16 of the karnataka civil services (general recruitment) rules, 1977 ? ..... accounts higher : provided that in the case of a person appointed by direct recruitment be shallpass the aforesaid departmental examina-tionsduring the period of probation. ..... accounts higher : provided that in the case of a person appointed by direct recruitment he shall pass the aforesaid departmental examinations during the period of probation. .....

Bangalore Development Authority Vs. Air Craft Employees Coop.Society L ...

Court : Supreme Court of India

..... 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. ..... to be a plausible one, but it requires a careful examination, and, while examining it, two principles have to be borne in mind :- (1) that a law may be constitutional even though it relates to a single individual, in those cases where on account of some special circumstances or reasons applicable to him and not applicable to others, that single individual may be treated as a class by himself; (2) that it is the accepted doctrine of the american courts, which i consider to be well-founded on principle ..... 5 753086 06.07.1997 100.00 6 756449 30.12.1997 150.00 7 650002 18.03.1998 50.00 8 759664 20.07.1998 50.00 9 502441 22.01.1999 50.00 10 769862 15.09.1999 75.00 11 653066 04.06.2005 500.00 total 3,455.00 (rupees thirty four crores and fifty five lakh) sd/- accounts officer bda, bangalore annexure-ii year wise ring road cess (inr in lakh) year collections charged to ring balance road expend. .....

B. Krishna Bhat Vs. State of Karnataka and anr.

Court : Supreme Court of India

Reported in : AIR2001SC1885; JT2001(4)SC497; 2001(3)SCALE175; (2001)4SCC227

..... 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 ..... 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 ..... that apart, it is pointed out that under the corporation act the corporation is empowered to collect other revenues also apart from those enumerated in section 109 of the corporation act while the bda can collect only that tax which it is authorised to collect under section 28b of the act, hence there can be no comparison of the collection of the bda and its expenditure with that ..... 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 .....

Sri Shivaji and Ors Vs. The State of Karnataka & Ors

Court : Karnataka Kalaburagi

..... 1536 as per the census of the year 2011, a high school, an anganwadi centre, a post office, a prathamika krishi pattina sahakari co-operative bank, public bus stand, public library, linemen quarters, village accountant s office and is located at kilometer 45 of state highway no.122 i.e. ..... the deputy commissioner having considered the objections, by order dated 04.02.2015 exercising jurisdiction under section 4 of the karnataka panchayat raj act, 1993 (for short the kpr act ) declared ujani as the headquarters, which when called in question, by respondent nos.4 and 5 in w.p.nos.19835-19837/2015, invoking the appeal jurisdiction under sub-section (3) of section 4 of the kpr act, before the regional commissioner, who it is stated, passed an order modifying the ..... 202970-973/2015 02.05.2015 bearing no.rcg/zp/appeal/246/2014-15 passed by the 2nd respondent authority rejecting the claim of the petitioners as at annexure h , as contrary to the procedure contemplated under section 4 (3) of the karnataka panchayat raj act 1993, etc. ..... that the deputy commissioner having published in the official gazette the proposal to declare ujani as the headquarters for the ujani gram panchayat, exercising jurisdiction under sub-section (1) of section 4 of the kpr act, followed by the notification dated 04.02.2015 annexure-c4 declaring ujani as the headquarters, the regional commissioner revised and modified the said order in exercise of appeal jurisdiction under sub-section (3) of section 4 of the kpr act. .....

Sri Shivaji and Others Vs. The State of Karnataka represented by Addl. ...

Court : Karnataka Kalaburagi

..... ujani is said to have a population of 1536 as per the census of the year 2011, a high school, an anganwadi centre, a post office, a prathamika krishi pattina sahakari co-operative bank, public bus stand, public library, linemen quarters, village accountant's office and is located at kilometer 45 of state highway no. ..... the deputy commissioner having considered the objections, by order dated 04.02.2015 exercising jurisdiction under section 4 of the karnataka panchayat raj act, 1993 (for short the 'kpr act') declared ujani as the headquarters, which when called in question, by respondent nos.4 and 5 in w.p.nos. ..... , praying to issue a writ a certiorari to quash the impugned order dated 02.05.2015 bearing no.rcg/zp/appeal/246/2014-15 passed by the 2ndrespondent authority rejecting the claim of the petitioners as at annexure 'h', as contrary to the procedure contemplated under section 4 (3) of the karnataka panchayat raj act 1993, etc. ..... 19835-19837/2015, invoking the appeal jurisdiction under sub-section (3) of section 4 of the kpr act before the regional commissioner, who it is stated, passed an order modifying the order of the deputy commissioner and declaring gudpalli as the headquarters of the gram panchayat of ujani by order dated 10.03.2015. .....

Mr. S. Bangarappa Vs. Somappa

Court : Karnataka

Reported in : ILR1991KAR970

..... tenants holding such lands shall, as against the state government, be entitled only to such rights or privileges and shall be subject to such conditions as are provided by or under this act; and any other rights and privileges which may have accrued to them in such lands before the date of vesting against the landlord or other person shall cease and determine and shall not ..... set out earlier, the object of the karnataka land reforms act, inter alia is to provide for the vesting of the lands in possession of persons over and above the maximum ceiling limit prescribed under the act in the state government and for the distribution of the excess land so vested in the state government to persons belonging to the weaker sections of the society such as persons belonging to ..... to the government and on an enquiry a report was submitted, but no further action was taken.the important question that arises therefore before us is whether on these allegations a public cause litigation could be maintained and whether the allegations of influence by the first appellant have been established?it is from this perspective we consider the case will have to be examined. ..... we may also refer to jurisdiction and illegality by amnon rubinstein, '1965 edition, and it is stated at pages 35 and 36 thus:-'the distinction between direct and collateral ..... account of ..... become vitiated and not on account of being less meritorious. ..... duty of distribution of excess/surplus lands there cannot be any dereliction on this account. .....

Sriram Educational Trust Represented by Its Chairman Vs. the President ...

Court : Chennai

Reported in : 2008(1)CTC449; (2008)3MLJ351

..... in any view of the matter, even assuming for a moment 'open to public' is attached to an educational institution, yet, in the absence of any definition of 'public' under the act, going by the definition of the term under section 3(26) of the tamil nadu general clauses act, 1891, which reads as under:public includes any class of the public or any community ', we hold that the educational institutions, even if they are open to a section of the public, would nevertheless be treated as institutions eligible for exemption. ..... take for instance sub clause (a) relating to buildings set apart for public worship actually used so or used for no other purpose; clause (b) exempting choultries that are rent free and those that charge rent, used the same for charitable purposes; clause (c) libraries which are open to public, and public buildings used for charitable purpose of sheltering the destitutes or animals are exempt from tax ..... state of karnataka) with the prohibition on charging capitation fee, the phrase 'open to the public' has to be understood as institutions without any restriction as to admission ..... the decision of the karnataka high court go on similar lines as that of the madras high court referred to above.32 ..... state of karnataka), and (2005) 6 scc 537 ..... state of karnataka) paragraph 7 at page 700 to impress on the fact that apex court recognised the need for the educational institution to fix the fee structure taking into consideration the need to generate funds to run the institution .....

Chamundeswari Dharma Nidhi Vs. Agricultural Income-tax Officer and ors ...

Court : Karnataka

Reported in : ILR1990KAR946; [1990]181ITR139(KAR); [1990]181ITR139(Karn); 1989(3)KarLJ375

..... or any of the said purposes; (c) to establish, maintain, run, develop, improve, extend, grant donations for an to aid in the establishment, maintenance, running, development, improvement and extension of libraries, reading rooms, recreation centres and other facilities in the state of karnataka as are calculated to be of use in imparting education to the public; (d) to conduct poor feeding and to give food, clothing and cash grants to the poor, needy and defectives and afford relief to people in distress and affected by earthquakes ..... on any other activity which is merely incidental and which by itself does not convert the trust into one for the purpose of carrying on the business not covered by the definition of 'charitable purpose' in the explanation to section 12(g) of the act, and since that ancillary or incidental activity does not come within the definition of 'charitable purpose', it cannot be said that the trust itself is not established for charitable purposes. ..... -m, was issued to the managing trustee of the petitioner-trust by the commissioner of commercial taxes, karnataka, bangalore, stating that though the object of the trust appeared to be charitable, a part of its funds having been utilised for giving loans to industries mentioned therein, that activity could not be considered to be a 'charitable purpose' within the meaning of the explanation to section 12(g) of the act and that the amounts collected by the trust by way of donations having not been fully .....

Dr. V.S. Acharya Vs. Returning Officer and Deputy Commissioner

Court : Karnataka

Reported in : ILR1990KAR2546

..... of the n.i.e, college shall have power to take over and acquire by purchase or gift or otherwise from the central government or state government or other public bodies or private individuals willing to transfer libraries, collections, immoveable properties, endowments and other funds together with any attendant obligations and engagements acceptable to the council of the college and not inconsistent with ..... to be persuaded by the argument.in the decision so relied upon, the supreme court was considering the question whether the management of an aided college, which was a trust registered under the bombay public trust act, was amenable to writ jurisdiction of the high court under article 226 of the constitution and could be compelled by a writ of mandamus to pay to its teachers, whose services ..... in this election petition presented under section 31 of the 'representation of people act, 1951 ('the act'), the petitioner, an unsuccessful candidate in the election held from the karnataka south-west graduates constituency to fill the seat in the karnataka legislative council of its member retiring on 30th june 1986, has sought for a declaration that the election of respondent-2, the returned candidate ..... v. sankari prasad ghosal : [1964]4scr311 , the supreme court considered the question whether a chartered accountant and a partner of a firm of auditors appointed as an auditor of a central government company, was holding an office of profit under the indian government, as ..... examine the .....

G.S. Ravindra and anr. Vs. Union of India and ors.

Court : Karnataka

Reported in : 2009(1)KarLJ115

..... in view of this, in principle, it has been decided by government of india to establish an institute of miners' health at kgf, with occupational health coordinating cells designated in the various public sector organisations of the non-ferrous sector under the department of mines and possibly, the iron-ore and even in the coal sector later.9. ..... further, kgf being situated very close to bangalore it was also best-suited in view of the existing library facilities and that the indian institute of science at bangalore would service the purpose of interaction between/amongst the experts. ..... accordingly the president of india accorded sanction for establishment of the institutes and consequently the same was registered under the karnataka societies registration act, 1960. ..... thereafter the national institute was formed and the same was registered under the karnataka societies registration act, 1960. ..... as per clause 2 of the registered bye-laws it is specified that the registered office of the society shall be situated in the state of karnataka. .....