Judgment Search Results Home > Cases Phrase: karnataka public premises eviction of unauthorised occupants act 1974 section 3 appointment of competent officers Court: chennai Page 1 of about 5 results (0.084 seconds)

Usha @ Ramalakshmi and Minor Meenakshisundari Vs. P. Shanmugam

Court : Chennai

Reported in : 2006(4)CTC835; (2006)4MLJ45

..... ), where appeals were pending before two appellate authorities under karnataka public premises (eviction of unauthorised occupants) act, 1974 transfer of one appeal to the other court was ordered. ..... section 24 of the code can, by no stretch of imagination, be held to have been whittled or taken away ..... in the absence of any special provisions contained in the act regarding the transfer of proceedings pending before family court prohibiting the exercise of power of transfer by the high court under section 24 of the code, when the other concerned civil courts available in other parts of the state where no family court had been established, are competent to try the subject matter of disputes to be fought in family court, it goes without saying that the powers of transfer as contemplated under ..... (iv) dealing with the question, as to whether the proceedings pending on the file of family court can be transferred under section 24 to any competent civil court, subordinate to the high court, this court in : air1990mad330 (k.r. .....

Jaishankar Vs. Selvaraj, Estate Officer and Chief Engineer, Chennai

Court : Chennai

..... estate officer, by order dated 29.11.2012, passed under section 5(1) of the public premises (eviction of unauthorised occupants) act, directed the petitioner to vacate the quarters within fifteen days from the date of publication of the ..... the contention of the petitioner that the procedures contemplated under sections 4 and 5 of the public premises (eviction of unauthorised occupants) act, 1971 were not followed, cannot be accepted. 12 ..... as per form-a notice issued under section 4(2) of the public premises (eviction of unauthorised occupants) act, 1971, the petitioner was called upon to show cause on or ..... the public premises (eviction of unauthorised occupants) act, 1971 is to forcibly evict unauthorised occupants who are deliberately remaining in occupation of public premises unauthorisedly. ..... the public premises (eviction of unauthorised occupants) act, 1971 is to forcibly evict the unauthorised people, who are deliberately remaining in occupation of public premises unauthorisedly. ..... counsel for the appellant however argued that the procedure mentioned in the public premises (eviction of unauthorised occupants) act, 1971 should have been followed by the authorities, but it was ..... the petitioner was also informed that proceedings under the provisions of the public premises (eviction of unauthorised occupants) act, 1971 would be initiated against him, if he failed to vacate ..... india and others] wherein the karnataka high court held as follows: 9 ..... (viii) air 1980 karnataka 186 [m/s.blaze and .....

Terminated Full Time Temporary Lic Employees Welfare Association Vs. S ...

Court : Chennai

Reported in : (1993)ILLJ1030Mad; (1992)IIMLJ573

..... 1990]3scr649 a question arose with reference to the provisions of the delhi rent control act and the public premises (eviction of unauthorised occupants) act (40 of 1971). ..... , therefore, unable to accept the contention of the learned additional solicitor general that the public premises act, having been enacted by parliament in exercise of legislative powers in respect of matters enumerated in the union list would ipso facto override the provisions of the rent control act enacted in exercise of the legislative powers in respect of matters enumerated in the concurrent list ..... the force of this argument it is however necessary to observe that although ordinarily there should be a close approximation between the non obstante clause and the operative part of the section, the non obstante clause need not necessarily and always be extensive with the operative part, so as to have the effect of cutting down the clear terms of an enactment. ..... worthwhile extracting the order therein : 'heard, it is not known how none-the-less the petitioner was given a temporary appointment as clerk in one of the offices of the life insurance corporation in the year 1988. ..... but, once the reference is made by the hon'ble the chief justice, the competence of the full bench to hear the matter cannot be challenged on the ground that such a question of law does not arise ..... apart from anything else, a claim based on the 1974 settlement is certainly not a fundamental right that could be enforced thought ..... of karnataka : .....

Dr. M.R. Reddy, Retired Wing Commander Versus the Station Commander, S ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... pm with effect from 1st december 1999 has been mentioned, the letter dated 22nd november 2000 from afcao, (air force central account office) reads that the petitioner is liable to pay damages for his unauthorised occupation of the family accommodation at p.o.colony, chennai, for the period from 1.12.1999 onwards at the rate of rs.13,253/- pm plus rs.91/- pm towards furniture. ..... petitioner asking to vacate the government accommodation forthwith, failing which damages would be collected from 1st december 1999 and eviction proceedings would follow under the public premises act 1971. ..... runs as follows:- unauthorised retention of accommodation:- where married accommodation is available at the station of posting of the officer but the officer retains married accommodation at the old duty station for his own convenience except when otherwise specifically permitted by the competent authority under the prescribed rules or if the officer retains the accommodation unauthorisedly beyond the permissible period, the officer will be charged ..... allotment of separated family accommodation (sfa) to officers posted to air force unit in special army order 10/s/86, the first respondent in his letter no.1302/50/q3 dated 27.09.1999 addressed to headquarters andhra, tamilnadu, karnataka, kerala and goa area (quarter master ..... had already occupied it for more than four months and thereby denying the entitlement of accommodation to a relief officer posted to military hospital chennai in petitioners appointment. .....

The Madras Medical Mission Represented by Its Hon. Secretary K.V. Geor ...

Court : Chennai

Reported in : (2003)1MLJ683

..... held that the failure to resort to alternative procedure by way of suit for eviction of the occupants of the buildings owned by the government or corporation owned by the state, did not result in discrimination against those subjected to special shortened procedure for eviction provided in the public premises (eviction of unauthorised occupants) act, 1971 as the act contained clear guidelines as to when it's provisions can be invoked.70. ..... or wilfully fails to comply with any lawful order or direction issued under the provisions of the act or the rules made there under, the government may, after giving the committee an opportunity of making its representations, by order in writing supersede the committee and appoint a person (hereafter in this section and in section 34-b referred to as the special officer) to manage the affairs of the society for a specified period not exceeding one year.provided ..... on which jurisdiction to initiate proceedings against the petitioner was required to be investigated and adjudicated upon by the competent authority, and such investigation having been made, the court should not have entertained the writ petition.86. ..... provisions in the state co-operative societies acts providing for compulsory amalgamation of two or more co-operative societies were upheld by the high courts of patna, karnataka and andhra pradesh in the cases ..... municipal corporation of greater bombay, (1974) 2 scc 402, a seven judge bench over-ruling the decision of the constitution bench .....

M.Arumugam Vs. State of Tamil Nadu

Court : Chennai

..... in the circumstances, the kerala finance act 7 of 2002 introducing section 4(1)(a) in kerala chitties act, 1975, was also void, as the state legislation stood denuded of the authority to enact the 2002 act - public premises (eviction of unauthorised occupants) act, 1971, falling under entry 6 and 7 of ..... help the petitioner where the issue was as regards the repugnancy between the bombay rents, hotel and lodging house rates control act, 1947 and public premises (eviction of unauthorised occupants) act, 1971. ..... came up before this court for consideration in k.shantharaj case this court held that from the language of section 30 [which is similar to section 32(4) of the act] and section 30-a of the karnataka cooperative societies act, 1959, it would be clear that the administrator, subject to control of registrar exercise all or any of the functions of the society, and the special officer, subject to control of the state government and the registrar exercise and perform all the powers and ..... has stood the test of time on the authority of the general body in the absence of a board to appoint a director, applies to a situation herein, that the amendment introduced to restore the authority on the general body in the absence of the board to appoint new members, is a reiteration of a legal principal statutorily and hence, well within the legislative competence of the state and hence, constitutionally valid. ..... the observation of the supreme court in the decision reported in (1974) 2 scc 40. .....

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

Court : Chennai

..... be noted that when such enactments namely, andhra pradesh assigned lands (prohibition on transfers) act, 1977, karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 and maharashtra restoration of lands to scheduled tribes act, 1974 have been enacted in other states long back, state of tamil nadu, is yet ..... chapter 1) deals with the grant of lands for occupation and it is extracted hereunder: "general principles :- (i) before making an assignment, the officer, who is competent to order the assignment, should consider whether the land is to be required for public purpose in the near future or whether a permanent grant ..... suo motu, and after such enquiry as he deems necessary, the assistant commissioner is satisfied that the transfer of any granted land is null and void under sub-section (1) of section 4, he may, (a) by order take possession of such land after evicting all persons in possession thereof in such manner as may be prescribed: provided that no such order shall be made except after giving the person affected a reasonable opportunity ..... person is in unauthorised occupation of land belonging to government or local body, and such encroachers are sought to be removed, there should not be any discrimination or injustice to a member of the weaker sections of the ..... it is obligatory upon the respondents to show that they have suffered some serious prejudice because of appointment of retired railway officers as enquiry officers ..... .....

C.Nagamanickaya Vs. K.Syamanthakamma

Court : Chennai

..... the last will and testament of vattam sathakeerthi amma in the year 1975 that vattam gopala chetty died on 24.8.1937 and no new trustees were appointed as per section 73(b) of the indian trust act, and chikkakulam guruviah chetty happen to be the adopted son of pattabirama chetty and chikkakulam guruviah chetty is the grand son of chikkakulam rangamma ..... court of original jurisdiction, unfit or personally incapable to act in the trust, or accepts an inconsistent trust, a new trustee may be appointed in his place by-a] the person nominated for that purpose by the instrument of trust (if any), orb] if there be no such person, or no such person able and willing to act, the author of the trust if he be alive and competent to contract, or the surviving or continuing trustees or trustee ..... occupants of that ..... under the indian registration act, 1908 (16 of 1908), the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on ..... owner of the property must be specifically made in an adverse possession claim.33.in karnataka wakf board it is stated: (scc pp.785-86, para12) a plaintiff, filing ..... the legal heirs of the deceased c.guruviah chetty were bent over backwards to get the public record mutated with their blatant black lies and virtually they hoisted with their petard ..... which is that of an unauthorised person cannot b'e bettered ..... to evict the ..... honourable apex court reported in (1974) 1 supreme court cases 446 .....