Judgment Search Results Home > Cases Phrase: karnataka public premises eviction of unauthorised occupants act 1974 section 9 powers of competent officers Court: karnataka Page 1 of about 304 results (0.222 seconds)

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

Court : Karnataka

Reported in : 2000(6)KarLJ442

..... 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. ..... basing on this claim and having framed an opinion that the petitioner-society is in unauthorised occupation of a public premises belonging to wakf institution, the competent officer has just issued a show-cause notice in exercise of his powers under section 4 of the act. ..... the competent officer and secretary, karnataka board of wakfs, is an officer appointed by the state government by issuing a notification in exercise of its powers under section 3 of the karnataka public premises eviction act. ..... section 9 of the act gives only limited powers vesting in civil court under the code of civil procedure to the competent officer for the purpose of holding an enquiry under the act. ..... in the present case, it is the secretary of karnataka board of wakfs, who is notified as estate officer by the state government in exercise of its powers under section 3 of the act. ..... debarring the estate officer from exercising his powers by applying rules of natural justice would result in the defeating of the provisions of the act as there would be no officer who could issue notice under section 4 or pass an order under section 5 of the act. .....

Darga Hazarat Ataulla Shah and Nabhi Shah (Bada Makhan) Vs. the Karnat ...

Court : Karnataka

Reported in : 2003(4)KarLJ274

..... provisions of the premises act submits that the appeal if at all can be preferred and should be presented under section 10(1) and only to the particular officer and before the forum mentioned under the very provision and not to any other tribunal or judicial officer, it is submitted that the action taken in respect of wakf property is under the provisions of karnataka public premises (eviction of unauthorised occupants) act, and the appeal also lies under this act and therefore, the provisions of wakf act particularly sections 83 and 85 of the act are not ..... the order is obviously a total misunderstanding of the provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974 as also the provisions of wakf act, 1995.9. ..... the petitioner-institution had initiated action against the second respondent who was a tenant in respect of a portion of the property owned by the petitioner for evicting that tenant under the provisions of karnataka public premises (eviction of unauthorised occupants) act, 1974 (hereinafter referred to as the 'act'). ..... it is also submitted that the tribunal has also no jurisdiction to entertain the appeal nor has jurisdiction to pass any order in respect of the order passed by the competent officer under the provisions of eviction act.7. ..... the tribunal also has no jurisdiction or power to say that it is only the tribunal which has jurisdiction and not any other civil court. .....

Darga Hazarat Ataulla Shah Vs. Karnataka Wakf Tribunal and anr.

Court : Karnataka

Reported in : ILR2003KAR2452

..... is obviously a total misunderstanding of the provisions of the karnataka public premises (evictions of unauthorised occupants) act, 1974 as also the provisions of wakf act, 1995.9. ..... had initiated action against the second respondent who was a tenant in respect of a portion of the property owned by the petitioner for evicting that tenant under the petitioner for evicting that tenant under the provisions of karnataka public premises (evictions of un-authorized occupants) act, 1974 (hereinafter referred to as act). ..... that the action taken in respect of wakf property is under the provisions of karnataka public premises (evictions of unauthorised occupants) act, and the appeal also lies under this act and therefore, the provisions of wakf act particularly sections 83 and 85 of the act are not attracted to the said situation. ..... the competent officer after receipt of the complaint issue notice to the second respondent and held an enquiry which terminated in the eviction order dated 27.4.2001 (copy ..... for the petitioner submits that the tribunal has also granted an order of stay, staying the operation of the order of eviction passed by the competent officer. ..... also submitted that the tribunal has also no jurisdiction to entertain the appeal nor has jurisdiction to pass any order in respect of the order passed by the competent officer under the provisions of eviction act.7. ..... the tribunal also has no jurisdiction or power to say that it is only the tribunal which has jurisdiction and not any .....

Rukmini and Others Vs. State of Karnataka and Others

Court : Karnataka

..... karnataka public premises (eviction of unauthorised occupants) act, 1974 ('act' for short) has not been followed n the present case and neither a competent officer as required under section i of the act was appointed nor any order was passed for evicting in authorised occupants as per section 5 of the said act for the reasons to be recorded therein and therefore, the petitioners are sought to be illegally evicted from these premises and their right to appeal against such orders passed under section 5 of the act ..... commercial complexes, the tenants residing/occupying, if their lease period has concluded as per the agreement, such commercial complexes may be disposed of by a public notice through public auction, in terms of section 72(1) of the karnataka municipalities act, 1964. 8. ..... , the writ petitions are disposed of as premature with a direction to the petitioners to appear before the respondent 3-chief officer, in the first instance on 18-7-2016, and the respondent 3-chief officer, after considering the objections at annexure-e series and/or further objections, if any, to be filed before him, he ..... annexure-b now produced with these writ petitions along with translated copies thereof, in sum and substance, provides that as per the provisions of section 72(1) and 72(2) of the karnataka municipalities act, 1964, the municipal council is vested with the powers of lease/sale/dispose of the immovable property in the town and in pursuance of the judgment of this court in the case of .....

M/S. Hanuman Silks and Etc. Vs. Karnataka Industrial Areas Development ...

Court : Karnataka

Reported in : AIR1997Kant134; ILR1996KAR3384; 1996(7)KarLJ277

..... 11.4 section 25 in chapter vi of the kiad act providing for application of karnataka act 32/1974, reads as follows :(1) the state government, may, by notification provide from such date as may be specified in such notification that the karnataka public premises (eviction of unauthorised occupants) act, 1974, shall apply to premises belonging to, vesting in, or leased by, the board, as that act applies in relationto public premises, but subject to the provisions of sub-sec. ..... agreement provides for such extension; that the power of re-entry/resumption reserved in the agreement does not authorise the board to forcibly dispossess the lessees from the plot, even if the termination of the lease was valid; that the board could not have resumed the plot without recourse to law, that is either by filinga suit for adjustment possession or by initiating eviction proceedings underline karnataka public premises (eviction of unauthorised occupants); act, 1974 ('public premises act' for short); and that the board ..... (1), the aforesaid act and the rules made thereunder, shall apply to the premises of the board with following modifications, that is to say - (a) the state government may appoint any officer whether under the government or the board, as it thinks fit, to be the competent officer for the purposes of the aforesaid act; (b) reference to 'public premises' in that act and those rules shall be deemed to be reference to premises of the board and references to the 'state government' in .....

M.R. Joseph Vs. John Menezes

Court : Karnataka

Reported in : 2004CriLJ2291; 2003(6)KarLJ163; (2004)ILLJ650Kant

..... 2, is produced, merely because of the reason that it does not bear the office seal and as such it is not valid is not proper when the competent officer has passed an order in accordance with the provisions of section 14-ac of the act. ..... 's contribution, or (b) fails or refuses to submit any return, statement or other documents required by this scheme or submits a false return, statement or other document, or makes a false declaration, or (c) obstructs any inspector or other official appointed under the act or this scheme in the discharge of his duties, or fails to produce any record for inspection by such inspector or other official, or (d) is guilty of contravention of or non-compliance with any other requirement of this scheme,he shall be punishable with imprisonment ..... it is unfortunate on the part of the learned judicial magistrate first class that he has not applied his mind to the provisions of the employees' provident funds and miscellaneous provisions act, 1952 as well as the provisions of the employees' provident funds scheme, 1952 and has proceeded on the basis that there is no sanction order or there is no authorisation to file the complaint which is not ..... 12, is the notification issued in the karnataka gazette, dated 14-11-1985 which enables all the provident fund officers and enforcement officers of the regional provident fund commissioner, karnataka to deal with the matter. ..... issued the sanction order by virtue of the powers conferred under section 14-ac of the act. .....

Commissioner of Customs Vs. Sri Vikram JaIn S/O Sri Bheemraj Jain, Pro ...

Court : Karnataka

Reported in : 2009(170)LC236(Karnataka); 2009(244)ELT504(Kar)

..... anything contained in this section, [a commissioner (appeals)] shall not exercise the powers and discharge the duties conferred or imposed on an officer of customs other than those specified in chapter xv and section 108.28. ..... are residents of bangalore, as also on the premise that respondents have been unable to demonstrate satisfactorily about the goods having suffered customs duty and were being transported or stored under valid documents as otherwise in all such instances the person from whose custody goods have been seized can wriggle out of facing consequences even after violating the provisions of the customs act only on the technical plea of goods having entered ..... 26-5-2000- the first respondent claiming to be the consignee had deposited the penalty on 28-5-2000 in the office of the karnataka state commercial tax department and had got the goods released. ..... whether the tribunal has committed an error in remanding the matter to the competent authority without specifying the details of the authority as to who should decide the ..... 35/2001 and remanded the matter back for adjudication by the competent jurisdictional authority after due investigation of the facts by holding that adjudicating authority at bangalore had ..... the same since the goods alleged to have entered the territory of india at calcutta and not at bangalore and accordingly the matter has been remanded to the jurisdictional authorities for adjudication by the competent authority after due investigation of the facts.14. .....

Nagaraja Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1985KAR4113

..... it is further made clear that notwithstanding the quashing of the aforesaid circular the registering officer of instruments, under the registration act, 1908 and the deputycommissioner are free to exercise their powers under and in accordance with section 45-a of the act and the rule made for that purpose. ..... which is not authorised by section 45a of the act or the rules and in derogation of them, unnecessarily restricting the power of the registering officers as also his own determination to be made as and when a case arises before him, is without jurisdiction and illegal.21. ..... but, thequashing of the notification cannot be understood as in any way fettering the discretion of the registering officer or the dc to exercise their powers under the act, which has necessarily to be examined and decided with due regard to the factors enumerated in the act and the rules.'3. ..... but, the explanation to sub-section (5) of section 45a of the act really achieves or provides for that. ..... the circular is purported to have been issued under section 45a of the karnataka stamp act, 1957 (hereinafter referred to as the 'act'). ..... - state of karnataka, : ilr1985kar2152 . ..... the term market value of the property has not been defined in the act. .....

Commissioner of Income-tax Vs. Hardware Trading Co.

Court : Karnataka

Reported in : (2001)167CTR(Kar)4; [2001]248ITR673(KAR); [2001]248ITR673(Karn); [2001]116TAXMAN274(Kar)

..... his submission was that while the courts have consistently upheld the view that an opinion whichis once crystallised into a decision in an assessment order cannot be lightly or frivolously reopened merely because it appears to that or another officer that another view is possible ; the supreme court has elaborately in this decision, pointed out that at a subsequent point of time, if it is demonstrated that either because of a change of law or additional information or whatever, a reopening is justified, it would be permissible. ..... ito : [1982]133itr199(kar) , and the respondent's learned counsel highlighted the fact that the learned single judge of this court while considering the ambit and scope of sections 147 and 148 of the act had occasion to point out that a reassessment would only be justified at a point of time after the earlier assessment, provided there was fresh material or in other words, the material that was not earlier on record when ..... we have very carefully dissected this argument and we do find that it would be impossible to uphold it for the simple reason that we have on record the note which very clearly indicates that the attention of the officer had been focussed to this very head and that despite this having been done he has upheld the contention of the assessee that the amount could be transferred to the head of capital. .....

The Karnataka State Accounts Department Employees' Association, Bangal ...

Court : Karnataka

Reported in : ILR2000KAR3035; 2000(4)KarLJ452

..... the accounts being to enforce discipline in the matter of incurring of expenditure and with regard to the works executed in respect of money spent by the state, the officers of the state accounts department, who are not subordinate to the chief engineer and other high functionaries of the public works department, will be able to discharge the duties of accounts superintendents more effectively and objectively than the officials of the departments of the ..... , 1960, the governor of karnataka hereby sanctions the establishment of the state civil services cadre in respect of the karnataka public works engineering department service. ..... article the power to frame rules regulating recruitment, and conditions of service of persons appointed to public service and posts under the union or of any state is conferred on the president or the governor, as the case may be, until provision is made in that behalf by acts of appropriate legislatures ..... after the creation of those posts by executive action, it was also competent for the executive to prescribe conditions of service as applicable to such news as also the method of recruitment until the same is covered by rules framed under the proviso to article 309 of the constitution ..... if the state government keeping in mind that a section of its employees though are eligible to be promoted to the higher cadre, having regard to the existing service conditions, they have no promotional opportunities and in that background, creates the posts to provide .....