Judgment Search Results Home > Cases Phrase: karnataka public premises eviction of unauthorised occupants act 1974 section 9 powers of competent officers Page 5 of about 363 results (0.216 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 ..... 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 section 24 of the code can, by ..... no stretch of imagination, be held to have been whittled or taken away by the provisions of section 8 of the act. ..... therefore the contention of the respondent regarding competency of the court is liable to be rejected.if the contention of the respondent has to be accepted, then the power of the high court under section 24 of civil procedure code will be crippled in so far as the matrimonial jurisdiction is .....

S.R. Quadri S/O Late S.M. Quadri Vs. Madrasa B. Arabia Rep. by Its Sec ...

Court : Karnataka

..... the matter arises under the karnataka public premises (eviction of unauthorized occupants) act, 1974.3. ..... the law in respect of the eviction under public premises is set at rest by a division bench, ruling of this court indian bank v. ..... the learned appellate judge has also addressed to these aspects of the matter and has come to the conclusion that the order passed by the competent officer cannot be interfered.8. ..... the first respondent would contend that the premises in question is a public premises and called upon the petitioner to vacate the premises by issuing a notice on 12.03.2007. ..... the competent authority, having regard to die issues involved, was of the view that alter the expiry of the lease, the possession of the petitioner would be that of unauthorized occupant. ..... the estate officer was of the view that indeed alter the terminal ion of the lease, the petitioner is in unauthorized occupation. ..... 2 supports the order passed by the competent, authority as well as the learned district judge.7. ..... but however, the petitioner continued to occupy the premises as a lessee and the first respondent has started accepting the rents ..... the secretary of the board granted permission to the first respondent to initiate action to evict the petitioner. ..... the petiton schedule premises belongs to respondent no ..... the petitioner is questioning the order passed by the competent. ..... officer and as confirmed by the learned appellate judge. ..... hence, directed eviction. ..... the notice was issued as contemplated under the act. .....

The Mysore Paper Mills Ltd. vs. the Mysore Paper Mills Officers' Assoc ...

Court : Supreme Court of India

Reported in : AIR2002SC609; [2002]108CompCas652(SC); (2002)2CompLJ252(SC); JT2002(1)SC61; (2002)ILLJ1088SC; 2002(1)SCALE52; (2002)2SCC167; [2002]1SCR37; 2002(1)SCT836(SC)

..... the fact that the state government has notified the premises of the company at bhadravathi as "public premises" under the provisions of the karnataka public premises (eviction of unauthorized occupants) act 1974, and appointment of five of its officers as competent officers for the purpose of the act, has been also taken due note and consideration to come to the ultimate conclusion that the company is an authority and instrumentality or agency of the state, so as to attract article 12 of the constitution of india.heard, ..... industries workers' union & another [2001(1) scc 298], this court was only concerned with the question as to whether, a canteen run in the factory of the company concerned pursuant to an obligation cast under section 46 of the industrial disputes act, can be said to constitute a person or authority to attract judicial review under article 226 of the constitution of india in respect of its action/activities and the answer was that the company concerned therein manufacturing ..... more of relevant factors, depending upon the essentiality and overwhelming nature of such factors in identifying the real source of governing power, if need be, by piercing the corporate veil of the entity concerned.the indisputable fact that the appellant-company is a government company as envisaged in section 617 attracting section 619 of the companies act, that more than 97% of the share capital has been contributed by the state government and the financial institutions controlled and .....

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. ..... pramod, 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). ..... whether a suit for eviction of a lessee filed by the lessor, a wakf institution in the year 1996 was maintainable before a civil court in the light of the provisions of clause (v) of sub-section (e) of section 2 of the karnataka public premises (eviction of unauthorized occupants) act, 1974 as introduced to the premises act by act no. ..... ) at mysore, is hereby set aside and the suit is hereby dismissed due to bar of jurisdiction under section 16 of the karnataka public premises (eviction of unauthorized occupants) act, 1974.it is made clear that, the dismissal of the suit will not come in the way of respondent/plaintiff initiating proceedings against the appellant for appropriate reliefs under the provisions of karnataka public premises (eviction of unauthorized occupants) act, 1974, before the competent authority. ..... it owns a building complex at ashoka road, mysore, consisting of shops, office accommodation, etc. .....

C. Bhasker Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1995KAR183

..... it is alleged in the plaint that he is a tenant in the suit premises and until an order of eviction is obtained against him under the karnataka public premises (eviction of unauthorised occupants) act, 1974 (hereinafter referred to as 'act'), the first defendant is not entitled to take forcible possession of the same. ..... 12 of the decision, in the following words :'therefore, in view of the specific provisions of section 16, it is seen that any dispute arising out of the action taken by the competent authority seeking to evict a licensee from the public premises, or to recover arrears of rent payable under sub-section (7) of section 7, or damages payable under sub-section (2) of that section or the costs awarded to the state government or the local authority or the corporate authority under sub-section (5) of section 10 or any portion of such rent, damages or costs cannot be entertained by any civil ..... it was further found that the award has become final and possession was delivered to the railways by the land acquisition officer on 24.2.1960, thereafter, defendants 3 and 4 who were the original owners of the land, executed a sale deed in favour of the plaintiff therein, who claimed to be in possession. .....

Chintamani Education Society (Kishora Vidhya Bhavan), Chintamani Taluk ...

Court : Karnataka

..... , issuance of notice under section 4(1) of the karnataka public premises (eviction of unauthorised occupants) act, 1974 ( the act for brevity), both the petitions are being disposed of by this common judgment. 3. ..... cause, if any, shown by any person in pursuance of a notice under section 4 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard, the competent officer is satisfied that the public premises are in unauthorised occupation, the competent officer may on a date to be fixed for the purpose, make an order of eviction, for reasons to be recorded therein, directing that the public premises shall be vacated by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order ..... to be affixed on the outer door or some other conspicuous part of the public premises. .....

B. Sharma Rao H. Ganeshmal and anr. Vs. Head Quarters Asst. and ors.

Court : Supreme Court of India

Reported in : JT1998(9)SC55; (1998)9SCC577

..... they arise out of civil suits filed by the petitioners wherein they had challenged the proceedings initiated against them on the basis of show-cause notices issued under section 4(1) of the karnataka public premises (eviction of unauthorised occupants) act, 1974 (hereinafter referred to as 'the state act'). ..... having regard to the provisions contained in the state act we are of the view that the question whether the petitioners are unauthorised occupants or not is required to be determined by the estate officer under section 5 of the act and a person feeling aggrieved by such determination can assail the same in appeal before the appellate authority.4. ..... in that case this court was primarily concerned with the provisions contained in section 10 of the public premises (eviction of unauthorised occupants) act, 1971 (hereinafter referred to as 'the central act') which confers finality on the order passed by the estate officer or appellate authority. ..... shri venkataramani has further submitted that the bar to the jurisdiction of civil courts under section 16 of the state act has no application to the present case since the proceedings initiated on the basis of the notices issued by the estate officer under section 4(1) of the state act were without jurisdiction. ..... in that case the order for eviction had been passed by the estate officer under the central act and it had been upheld in appeal and a writ petition had been filed challenging the said orders. .....

Kumar K.C. and Others Vs. State of Karnataka and Others

Court : Karnataka

..... it cannot be denied that they are unauthorised occupants of the premises as defined under the provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974. ..... - (1) subject to the conditions and restrictions contained in sub-sections (2) to (9) and restrictions and conditions as the government may by general or special orders specify, every municipal council shall be competent to lease, sell or otherwise transfer any movable or immovable property which belongs to or for purpose of this act has been acquired by it, and so far as is not inconsistent with the provisions and purposes of this act, to enter into and perform all such contracts as it may consider necessary or expedient in order to ..... this circular has been issued in accordance with sub-section (1) of section 72 of the karnataka municipalities act, 1964 ( act for short). ..... sale or auction: save as otherwise provided in the act or rules, when the municipal council proposes to lease, sell or auction any moveable or immoveable property, it shall give notice of such lease, sale or auction by:- (i) affixing copies thereof on the notice board of the offices of the municipal council; (ii) exhibiting copies thereof in all municipal reading rooms and places considered by the municipal council to be conspicuous within the municipality; (iii) publication in a daily newspaper having wide circulation within ..... matters relating to public revenue cannot be dealt with arbitrarily and in the secrecy of an office. .....

itc Limited and Another Vs. Union of India by Its Secretary, Ministry ...

Court : Karnataka

..... i) whether section 2(e)(v) of the karnataka public premises (eviction of unauthorized occupants) act, 1974 as substituted by the karnataka public premises (eviction of unauthorized occupants) act, 1974, as per amending act 22 of 1999 is repugnant to the provisions of the wakf act, 1995 and violative of article 14 of ..... the fifth respondent the competent authority has no jurisdiction to initiate proceedings against the petitioner under the provisions of karnataka public premises (eviction of unauthorized occupants) act, 1974? ..... the notice issued by the competent authority under section 4(1) of the public premises act do not contain any reasons or grounds and as such the same is bad ..... in lawful possession of the schedule property having acquired the same under two registered lease deeds dated 15.10.1973 and 13.9.1977 and as such they are not unauthorized occupants and therefore, the competent authority has no jurisdiction to initiate the proceedings under the provisions of the public premises act. ..... wakf board gave a request to the fifth respondent, competent officer to initiate proceeding against the petitioners under the provisions of public premises act. ..... of this revival of the resolution passed by the wakf board the commissioner of wakfs issued a notice and filed a petition on 12.11.2001 before the competent officer constituted under the public premises act. ..... competent officer issued the impugned notice dated 19.11.2001 as per annexure-q under section 4 of the public premises act .....

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 .....