Judgment Search Results Home > Cases Phrase: karnataka public premises eviction of unauthorised occupants act 1974 section 2 definitions Page 1 of about 423 results (0.146 seconds)

The Horticulture Producers' Co-operative Marketing and Processing Soci ...

Court : Karnataka

Reported in : 2000(6)KarLJ442

..... the above institution is a wakf under the management of karnataka state board of wakfs and as such the petition schedule property comes within the definition of sub-clause (v) of clause (e) of section 2 of the karnataka public premises (eviction of unauthorised occupants) act, 1974. ..... it is after disposal of this writ petition, the third respondent-institution has approached the second respondent-board of wakf, by filing a petition under section 5 of the karnataka public premises (eviction of unauthorised occupants) act, 1974, inter alia seeking an order of eviction against the petitioner-society. ..... , the horticultural producers co-operative marketing and processing society limited, hour road, bangalore-27, is an unauthorised occupant within the meaning of the explanation (g) of section (2) of the karnataka public premises (eviction of unauthorised occupants) act, 1974. 6. ..... the second prayer is for a declaration, to the effect that the provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974, is not applicable to petition schedule property, since there is no declaration from a competent forum that the second and third respondents herein are the owners of schedule property.3. ..... to answer this precise question, in my opinion, the relevant provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974, requires to be noticed. .....

V. Bramhananda S/O C. Vishakanta Murthy Vs. Corporation of City of Mys ...

Court : Karnataka

Reported in : AIR2009Kant174; ILR2009KAR2529; 2009(6)KarLJ453; 2009(4)KCCR2944; 2009(5)AIRKarR95; AIR2009Kar174

..... the trial court dismissed the suit, inter alia holding that the foot path belongs to the corporation or local body and as per the decisions of the appellate court, the provisions of karnataka public premises (eviction of unauthorised occupants) act, 1974 is not applicable and that the plaintiff was called upon the surrender the possession of vacant space by removing the booth. ..... into the definition of 'public premises' under section 2(e) of the act, the premises in question is a public premises and hence, the provisions of the act are applicable. ..... state of karnataka ilr 1986 kar 3679, she contended that, the provisions under section 288(2) and (4) of kmc act, override the provisions under 'the act' and that, footpath is not a public premises and the provisions of 'the act' are not attracted and the permission for temporary construction falls within sub-section (2) of section 288 of kmc act and for removing such a structure, power is conferred on the commissioner, under sub-section (4) of section 288 of kmc act, which was invoiced, ..... as follows:although it is provided that after the expiry of the period for which licence was issued to the appellants, their continued occupation of the foot-paths became unauthorised and the corporation could take action to clear it without notice under the provisions of section 288 of the act, before evicting the appellants an opportunity of hearing could have been given to show cause against the proposed action, the supreme court in olga tellis .....

B. Balachandran Vs. the Tahsildar and Others

Court : Karnataka

..... filed by the petitioner under section 10 of the karnataka public premises (eviction of unauthorised occupants) act, 1974 (the act for short). ..... a reading of sections 2(a), 3, 4 and 5 and section 13 of the act along with rule 9 of the karnataka public premises (eviction of unauthorised occupants) rules, 1980 (the rules for short) makes it clear that the contention urged by the learned ..... the learned district judge referring to rule 9 of the karnataka public premises (eviction of unauthorised occupants) rules, 1980 has held that the tahsildar in charge of the concerned muzarai or religious charitable institution is the competent officer for the purpose of the act and therefore, the order passed by him did not suffer from any ..... , if he is of the opinion that any persons are in unauthorized occupation of the public premises and that they should be evicted, to issue notice in writing calling upon all persons concerned to show cause why an order of eviction shall not be made. ..... the cause shown by the persons, and the evidence if any produced and after giving reasonable opportunity of being heard, if the competent officer is satisfied that the public premises is in unauthorized occupation, he can pass an order of eviction for reasons to be recorded directing eviction from the premises. 5. ..... a finding that the property in question conformed to the definition of public premises under the act and the petitioner was in unauthorized occupation of the same and therefore liable to be evicted. .....

Mangalore Municipal Market Welfare Society and Another Vs. the Corpora ...

Court : Karnataka

Reported in : AIR1993Kant220

..... having a right on licence, i have referred to the decision of a division bench of this court in savithri's case where the question arose for consideration was whether, in view of the special provisions of section 370 of the act, the corporation was entitled to evict occupants of public markets without resort to the karnataka public premises (eviction of unauthorised occupants) act, 1974, and have held that rights arising out of a licence and a lease are different and a person doing business on the strength of a licence has no right to continue to do so after the expiry ..... 2175 :--'it is true that the 1974 act is a special enactment which prescribes a special procedure for eviction of unauthorised occupants from public premises and having regard to the definition of the word 'public premises' in the said act, every premises belonging to a local authority like the corporation is a public premises. ..... section 52 thereof defines 'license' as follows:--'where one person grant to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such, right, be unlawful, and such right does not amount to an easement or an interest in the property, the .....

Mangalore Municipal Market Welfare Society Vs. Corporation of the City ...

Court : Karnataka

Reported in : ILR1993KAR86; 1993(1)KarLJ84

..... can be put on par with a person having a right on licence, i have referred to the decision of a division bench of this court in savithri's case where the question arose for consideration was whether, in view of the special provisions of section 370 of the act, the corporation was entitled to evict occupants of public markets without resort to the karnataka public premises (eviction of unauthorised occupants) act, 1974, and have held that rights arising out of a licence and a lease are different and a person doing business on the. ..... the division bench to which i was a party referring to the provisions of section 370 held as follows:- 'it is true that the 1974 act is a special enactment which prescribes a special procedure for eviction of unauthorised occupants from public premises and having regard to the definition of the word 'public premises' in the said act, every premises belonging to a local authority like the corporation is a public premises. ..... section 52 thereof defines 'license' as follows:- 'where one person grants to another, or to a definite number of other persons, a right to do; or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the .....

H. Abdul Rasheed Vs. Madrasa-e-arabia by Its Secretary

Court : Karnataka

Reported in : 2009(6)KarLJ43:2009(3)AIRKarR140:AIR2009N0C2181.

..... an application was fifed to amend written statement, to insert the following:the provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974, apply to the kolar bara imam shadi mahal comes under public premises as defined under section 2e(v) of the k.p.p. ..... , learned counsel for defendant contended that, suit is not maintainable in the civil court, in view of bar of jurisdiction under the karnataka public premises (eviction of unauthorised occupants), act, 1974 (act, for short). ..... in view of the foregoing discussions, the substantial questions of law raised for consideration are answered as follows:(a) suit for eviction of lessee filed by lessor - a registered wakf with the karnataka state board of wakfs is not maintainable before a civil court since the premises belonging to such a wakf falls within the definition of public premises under the provisions of the act. ..... since the amendment is retro-active, appellate court was not justified in law in holding that, the amendment to the definition .of public premises under the act in terms of karnataka amendment act no. ..... of 1999 with effect from 4.8.1999 giving the following definition to a public premises which is as under;a wakf registered with the karnataka state board of wakfs.3. ..... whether the lower appellate court was justified in law in holding that the amendment to the definition of public premises under the karnataka public premises (eviction of unauthorized occupants) act in terms of the amending act no. .....

Smt. Jabeen Taj and ors. Vs. Masjid-e-pension Mohalla, A. Wakf Institu ...

Court : Karnataka

Reported in : ILR2006KAR1146; 2006(2)KarLJ357

..... the learned counsel appearing for the appellants/defendants submitted that in view of section 2(e) and 16 of the provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974 (in short, 'the act'), the jurisdiction of civil court is barred, as the property belongs to the wakf institution. ..... section 16 of the act says that no court shall have the jurisdiction to entertain the suit or proceeding in respect of the eviction of any person who is in un-authorized occupation of any public premises or the recovery of arrears of rent payable under sub-section (1) of the section 7 or the damages payable under sub-section (2) of that section or the costs awarded to the state government or the local authorities or the corporate authority under sub-section (5) of section 10 or any portion of such rent, damages or costs.9. ..... section 2(e) of the act reads as under-'public premises' means any premises belonging to or allotted to state government or taken on lease or requisitioned by or on behalf of the stale government and includes any premises belonging to or taken on lease by or on behalf of-(i) a local authority,(ii) any company as defined in section 3 of the companies act. ..... since the subject matter of the property belongs to wakf institution, it falls within the definition of public premises'. .....

Prakash Chand Sharma Vs. the Commissioner, Bangalore Mahanagarpalike

Court : Karnataka

Reported in : ILR2009KAR1; 2009(3)KarLJ685; 2009(1)KCCR496; 2009(2)AIRKarR201; AIR2009NOC1360

..... as the appellant refused to vacate the place, the respondent-corporation initiated proceedings under the provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974 (for short 'the public premises act').2.2 a notice was issued by the respondent under section 4(1) of the public premises act on 2-1-2003, which is alleged to have been served on the appellant on 9-1-2003, calling upon him to show-cause why such an order of eviction should not be made, giving him an opportunity of hearing on 18-1-2003. ..... even otherwise, it is submitted that section 288 of the act is a special provision whereas the public premises act deals with all the public premises falling under the definition of the expression; therefore section 288 of the act, prevails over the public premises act.12.3 there is no doubt that section 288 of the act when compared to the public premises act, becomes a special statute and it over-rides the provisions of the pubic premises act. ..... the power conferred under section 288(4) of the municipal corporation act would prevail over the power conferred under section 4(2)(b) of the public premises act in view of the clear definition of 'public premises' under section 2(e) of the public premises act.7. .....

B.S. Lakshminarayana Guptha and Others Vs. S. Boraiah and L. Ramaiah a ...

Court : Karnataka

Reported in : ILR2000KAR3148; 2000(6)KarLJ591

..... modern tailoring hall's case, supra, is 'where eviction petition is filed by the landlord on the ground that the premises is required 'reasonably and sana fide' for his own use and occupation, but after demolition and reconstruction that is under section 21(1)(h) and (j) of the act, if the landlord establishes his case for self-occupation, under section 21(1)(h), it is unnecessary to go into the question whether the landlord still makes out a case under section 21(1)(j) on the reasoning that once the landlord obtains possession ..... muthu and company.the said firm, hereinafter referred to as 'landlord' for clarity after purchase of the property issued 'attornment notices' to all the tenants thereafter filed eviction petitions against all of them under section 21(1)(j) and (h) of the karnataka rent control act (hereinafter referred to as 'the act' for brevity) on the file of the principal munsiff, mysore.8. ..... --that the premises are reasonably and bona fide required by the landlord for occupation by himself or any person for whose benefit the premises are held or where the landlord is a trustee of a public charitable trust, that the premises are required for occupation for the purposes of the trust. ..... dated 14-1-2000 producing a copy of the order passed in a public interest petition in w.p. no. .....

Subramani Vs. Union of India (Uoi)

Court : Karnataka

Reported in : ILR1995KAR3139; 1995(6)KarLJ476

..... the supreme court has clearly laid down in tlr 1995 kar 1962 posing the question as follows:'whether in view of the definition of 'public purpose' introduced by the amending act 68 of 1984 in section 3(f)(vi) it is open to the appropriate government to acquire land for co-operative society for housing scheme without making proper enquiry about the members of the society and without putting such housing co-operative ..... r m b aradhya and entered into on 12.11.1986, it is necessary to extract certain portions of the agreement as below:'whereas the first party is a registered house building cooperative society, registered under the karnataka co-operative societies act, whose main object is to procure lands round about the bangalore and forming layouts and sites and to cater the needs of its members by alloting sites for purposes of construction of dwelling houses on the ..... learned advocate general for the state referred to the amended provisions of section 3 of the land acquisition act, especially the definition 'public purpose' and contended that the state is satisfied about the need of the society for the lands for allotment of houses to the employees who are members of the society ..... learned counsel also referred to section 3(f) (viii) of the central act, 1984 which reads as follows;'3(f) the expression 'public purpose' includes- (viii) the provision of any premises or building for locating a public office, but does not include ..... in : (1974)illj172sc which reads ..... : (1974)illj172sc and .....