Judgment Search Results Home > Cases Phrase: karnataka public premises eviction of unauthorised occupants act 1974 section 9 powers of competent officers Page 6 of about 363 results (0.226 seconds)

Ajit Kalyan, Bangalore Vs. State of Karnataka and Others

Court : Karnataka

..... under sub-section (1) comes to the knowledge of the assistant commissioner, he may after such inquiry as he deems necessary to make issue notice to the alienee or other person in possession to restore such land to the institution to which it belongs within three months from the date of service of notice and in default of compliance the assistant commissioner shall take steps to resume and restore such land or building to the institution in accordance with the provisions of the karnataka public premises (eviction of unauthorized occupants) act, 1974. 4. ..... we may here draw attention to the observations of bose judge, in gordhandas bhanji (air 1952 sc 16) (at p.18): public orders publicly made, in exercise of a statutory authority cannot be construed in the light of explanations subsequently given by the officer making the order of what he meant, or of what was in his mind, or what he intended to do. ..... (2) where it is found subsequently that the permission under sub-section (1) has been obtained by fraud or misrepresentation the state government shall be competent to cancel the permission so granted, after giving due opportunity of being heard to all the concerned. ..... the state government has purportedly exercised powers under the proviso to section-62 (3) of the karnataka hindu religious institutions and charitable endowment act 1997 (hereinafter referred to as the 1997 act). 2. .....

Smt Rameeza Bi Wo. Late S Abdul Kareem and ors. Vs. Union of India Min ...

Court : Karnataka

..... learned counsel for the petitioners submits that the relief sough for by the plaintiffs is for declaration that the notice dated 19.02.2011 issued by the defendants under the public premises (eviction of unauthorized occupants) act. ..... hence, suit should have been valued under section 24(b) of the karnataka court fees and suits valuation act. ..... as such, when a declaration in respect of the suit schedule property is sought, the suit should have been valued under section 24(b) of the karnataka court fees and suits valuation act. ..... trial court office had raised objection as regard to the proper valuation of the suit and payment of court fee. ..... no.4 under section 151 of cpc to recall the order dated 10.03.2011 and direct the plaintiffs to pay the court fee on the market value of the subject matter. .....

Barakur Laxman Setty Vs. the Divisional Traffic Officer, N.W.K.R.T.C. ...

Court : Karnataka

Reported in : ILR2004KAR1317

..... , bagalkot under section 10 of the karnataka public premises (eviction of un-authorized occupants) act 1974. ..... of this writ petition is the justification or otherwise of the quantum of damages that was determined by the competent officer payable by the petitioner for his un-authorized occupancy of the premises for the period 1.10.1997 to 13.2.1999.2. ..... counsel for the petitioner has vehemently urged that the petitioner was pursuing his remedies under the act and in fact the appellate order came to be passed only on 19th september, 2001 and the petitioner having vacated the premises much earlier even as on 13.2.1999 when the proceedings before the competent officer was still pending he should not be considered to be an unauthorised occupant and at any rate the damages as high as at rs. ..... the mere fact that he had vacated the premises even during the pendency of the proceedings before the competent officer cannot absolve the petitioner from the liability to pay damages upto that point of time but can only ..... which became due and payable in favour of the corporation on and after the passing of the order by the competent officer on 25.11,1999, the corporation is entitled for interest on this amount from this date onwards up to the date of ..... 19th september, 2001 the learned district judge having allowed the appeal in part and having setting aside the operation of the order of the competent officer with regard to the levy of costs only and the petitioner's liability to pay the damages of rs. .....

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

Court : Karnataka

Reported in : ILR1993KAR86; 1993(1)KarLJ84

..... 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. ..... section 370 into the municipal corporations act makes it clear that the legislature considered that a special provision as the one contained in the said section was essential in order to control markets and the power to evict a person occupying a premises in a public market on any one of the grounds specified in section 370 of the act was essential in public interest, and, therefore the legislature has considered that such a special power has to be conferred on the commissioner of the corporation under section 370 of the said act ..... deviating the assurance held out to these vendors, respondent-1 with a view to make money provided shops and office rooms in the new market to persons other than the stall holders and fish vendors doing business in the ..... is competent to ..... by the stall holders before the commissioner, administrator, mayor and the hon'ble minister in this behalf, but as against these representations, no specific assurance or promise is given by the competent authority. .....

Dr. J. Navneethan Vs. Director (Maintenance)

Court : Karnataka

Reported in : ILR1993KAR3404; 1993(4)KarLJ544

..... ''public premises' as per section 2(e)(1) of act, 1971 means:'any premises belonging to, or taken on lease or requisitioned by, or on behalf of, the central government, and includes any such premises which have been placed by that government, whether before or after the commencement of the public premises (eviction of unauthorised occupants) amendment act, 1980, under the control of the secretariat of either house of parliament for providing residential accommodation to any member of the staff of that secretariat. ..... the brief facts leading to this revision petition are :the petitioner filed petition under section 21(1)(f), (h) and (p) of the karnataka rent control act, 1961 (for short 'the act, 1961') seeking an order of eviction against the respondents.the first respondent is the director (maintenance), southern telecom sub-region, 125, infantry road, bangalore and respondent no. ..... 125/1 in his personal capacity and not as a departmental officer and he is paying rent directly to the petitioner, who is accepting the same in his private capacity.12. ..... 125 was taken on lease by the first respondent on 30.4.1974 and the lease was being extended from time to time. .....

Park View Co-operative Housing Society Ltd. and Another Vs. Union of I ...

Court : Mumbai Nagpur

..... the appellant-union of india initiated action for eviction under section 5a of the public premises (eviction of unauthorized occupants) act, 1971 (in short, the act ) against respondent no.1 asserting that the respondent no.1 is occupying land belonging to government of ..... of law have been formulated, but when the matter comes up for hearing, if the learned judge is of the opinion that additionally some more substantial questions of law would arise, then certainly he has the power to do so, but once that power is exercised, then obviously, the parties have to be apprised of the said additional substantial question/ questions of law so formulated, so that they may advance arguments on those questions of law as well. 23. ..... mere reference to the grounds as stated in the memorandum of second appeal would not satisfy the mandates prescribed in section 100 more particularly when the high court allowed the second appeal setting aside concurrent decisions of the courts below. ..... murari ganguly, reported at (1999) 6 scc 35 it was held that under section 100 of the code, the high court is required to frame a substantial question of law at the beginning of the hearing itself and / or if such substantial question of law is raised in the memorandum of appeal then it is obligatory upon ..... state of karnataka, reported at (2011) 15 scc 330, it was submitted that it was possible to place application for review before the same learned judge to resolve the issue as to whether consent was actually given or .....

The Indian Bank, Bangalore Vs. Blaze and Central (P) Ltd. and ors.

Court : Karnataka

Reported in : AIR1986Kant258; ILR1986KAR743; 1986(1)KarLJ260

..... applying the ratio of the above decision a challenge to the constitutional validity of similar provisions of the karnataka public premises (eviction of unauthorised, occupants) act, 1974, was rejected by this court in the case of mahesh virupakshappa manvi v. ..... of the public premises (eviction of unauthorised occupants) act, 1971, ('the act' for short) and the order of the iii additional district judge and the appellate authority under the act confirming the said order.2(e)4514(1) whether there was likelihood of bias on the part of the estate officer vitiating the order of eviction? ..... 4 of the public premises (eviction of unauthorised occupants) act, 1971)office of the estate officer: indian bank united mansions building,no. 39, m. ..... the power to pass an order evicting an unauthorised occupant of a premises belonging to bombay municipal corporation was conferred on its chief executive officer, namely, the municipal commissioner under the act. ..... 3 of the act authorises the appointment of an officer of a statutory body concerned as estate officer, and the officer so appointed alone is competent to issue notice under ..... section 4 of the act empowers the estate officer to issue a notice to an occupier of a public premises calling upon him to show cause as to why he should not be evicted if the estate officer is of the opinion that any such person was in unauthorised occupation of a public premises. ..... appeal to the city civil court was provided for, against the order of the competent officer. .....

S.D. Bandi Vs. Divisional Traffic Officer, Ksrtc and ors.

Court : Supreme Court of India

..... on 19.07.1999, the competent officer under the karnataka public premises (eviction of unauthorised occupants) act, 1974 passed an order of eviction against the appellant in kpp no.3 of 1998. ..... or requisitioned by, or on behalf of, the central government, and includes any such premises which have been placed by that government, whether before or after the commencement of the public premises (eviction of unauthorised occupants) amendments act, 1980, under the control of the secretariat of either house of parliament for providing residential accommodation to any member of the staff of that secretariat; (2) any premises belonging to, or taken on lease by, or on behalf of,- (i) any company as defined in section 3 of the companies act, 1956, in which not less than fifty-one per cent ..... , of the paid up share capital is held by the central government or any company which is a subsidiary (within the meaning of that act ) of the first .....

New Delhi Municipal Council Vs. Prominent Hotels Limited

Court : Delhi

..... . (supra), the petitioners challenged the show cause notice under section 4(1) of the karnataka public premises (eviction of unauthorised occupants) act, 1974 before the civil court on the ground that they were not unauthorised occupants ..... . it is further submitted that the licensee cannot initiate proceedings under public premises (eviction of unauthorised occupants) act, 1971; licensee cannot appoint the estate officer; and the estate officer has no jurisdiction to decide the validity of the terms of the licence deed ..... licence shall have become exercisable but the same if for any reason not exercised, non exercise thereof shall not constitute a waiver of any of the conditions and the powers hereof and such powers shall be exercisable in the event of any violation/conditions and the powers hereof shall be exercisable in the event of any future case of default and the liability of the licencees for past and future defaults shall remain unaffected besides ..... . the trial court found the respondents liable to pay the amount but the suit was dismissed on the ground that the signatory was not authorized and competent to file the suit ..... . before the supreme court, the only question arose for consideration was whether the plaint was duly signed and verified by the competent person. 8.11 ..... opp (3) whether the suit has been signed, verified and instituted by a duly authorised and competent person. ..... the suit has not been signed, instituted and verified by a duly authorised and competent person. 2.13.11. .....

Lic Vs. Nandini J. Shah .

Court : Supreme Court of India

..... papa naik (supra) the court was called upon to examine the purport of section 9 of the karnataka public premises (eviction of unauthorised occupants) act, 1974. ..... the seminal question posed in this appeal, by special leave, is whether the order passed by the city civil court in exercise of power under section 9 of the public premises (eviction of unauthorised occupants) act, 1971, as an appellate officer, is in the capacity of a civil court or persona designata?.2. ..... order of the competent officer made in respect of any public premises, to an appellate officer who shall be only the district judge having jurisdiction over the area, the court eventually concluded that the intention of enacting the term appellate officer in section 10 is indicative of the fact that the 40 air1956sc15359 district judge must act as appellate officer with limited jurisdiction to dispose of the appeal in the manner set out by the provisions of section 10 itself, which means that he cannot exercise the general powers of the district .....