Judgment Search Results Home > Cases Phrase: karnataka public premises eviction of unauthorised occupants act 1974 section 9 powers of competent officers Page 9 of about 363 results (0.240 seconds)

Fahmida Begaum Vs. the Bruhat Bangalore Mahanagara Palike and Another

Court : Karnataka

..... states that at an earlier point in time, a notice as contemplated under the karnataka public premises (eviction of unauthorised occupants) act, 1974 (for short the 'act') was issued to the petitioner seeking to evict her from the premises in question. ..... with a prayer to direct the respondents not to dispossess the petitioner from the property bearing no.24/2, division no.87, ward no.91, haines road, fraser town, bangalore without following the due process of law as contemplated under the karnataka public premises (eviction of unauthorized occupants) act 1974 and etc.) 1. ..... the respondents to consider the same, the petitioner shall file one more copy of the said representation along with certified copy of this order with respondent no.2, who shall thereafter place it before the competent authority to take a decision in the matter and the decision taken on the representation one way or the other in accordance with law shall be communicated to the petitioner. ..... until the representation is considered and disposed of and appropriate action is taken for evicting the petitioner in accordance with law, the possession of the petitioner shall not be interfered with ..... as and when the respondents require the premises appropriate action in accordance with law shall be initiated and only thereafter any action for eviction would be taken. ..... grievance of the petitioner is that despite there being no procedure being followed, there is threat of eviction of the petitioner without due process of law. 3. .....

H. Hanumantha Rao Vs. Corporation of the City of Bangalore

Court : Karnataka

Reported in : AIR1996Kant296; ILR1996KAR1445

..... a finding by the trial court that the appellant is not a lawful owner has resulted in issuing a notice of eviction from the respondent-corporation under the karnataka public premises (eviction of unauthorised occupants) act, 1974 and the same is challenged in writ petition no. ..... the respondents and invited the court to hold that the suit formaintenance and a charge and the connected proceedings evidenced by these documents were collusive in order to avoid operation of section 52 of the transfer of property act.in this background the supreme court held that in the facts and circumstances of the case the omission of the respondent to specifically raise the question of lis pendens in his pleading ..... gopala gowda, the learned advocate representing the corporation, has vehemently contended that the appeal opposes to express provision contained in section 96 of the code of civil procedure as the plaintiff has not challenged the judgment and decree of the trial court and ..... acts/rules/orders:code of civil procedure, 1908 - sections 11 and 96 - order 6, rule 17 - order 41, rule 1;specific relief act, 1963 - section 38;transfer of property act, 1882 - section ..... the code defined the judgment under section 2, sub-clause (ii) and it means the statement given by the judge ..... sub-clause (2) of section 2 defines the decree as a formal expression of an adjudication which so far as records the courts expressing it conclusively determines the rights of the parties with regard to all or any of the matters in .....

D Sharanappa Vs. State of Karnataka

Court : Karnataka

..... chapter vi deals with application of the karnataka public premises (eviction of unauthorised occupants) act, 1974 and non- application of the karnataka rent control act, 1961, to board premises. ..... then make a declaration that the land is needed for a public purpose or for a company, and different declarations may be made from time to time in respect different parcels of any land covered by the same notification under sub- section (1) of section 4: provided that no declaration in respect of any particular land covered by a notification under sub- section (1) of section 4, published after the commencement of the land acquisition (karnataka amendment and validation) act, 1967 shall be made after the expiry of three years ..... therefore, the provisions of kiad act are repugnant to 2013 act or otherwise inoperative and the state 79 government is not competent to exercise power under the kiad act (state act), for the purpose of establishing and acquiring land for industrial areas ..... 46 (7) if any person refuses or fails to comply with an order made under sub-section (5), the state government or any officer authorised by the state government in this behalf may take possession of the land and may for that purpose use such force as may be ..... (7) if any person refuses or fails to comply with an order made under sub-section (5), the state government or any officer authorised by the state government in this behalf may take possession of the 27 land and may for that purpose use such force as may be .....

Phatu Rochiram Mulchandani Vs. Kar.indusl.Area Devt.Board and ors.

Court : Supreme Court of India

..... with the first question which was couched in the following terms:- whether the board can take possession of the plots in the possession of its lessees, without having recourse to a civil suit for possession or to an eviction proceedings under the provisions of the karnataka public premises (eviction of unauthorized occupants act), 1974 .35. ..... absence of any provision enabling the board to take possession from lessees and the express provision for making public premises act applicable to the premises leased by the board, leads to inescapable conclusion that termination of leases and eviction of lessees are left to be governed by contract and general law. ..... deals with application of public premises act and non-application of karnataka rent control act, 1961 to the premises of the board. ..... could be either by having recourse to the provisions of the public premises act or by filing a civil suit for possession and not otherwise ..... the other hand, the act contains a specific provision (section25) providing for application of public premises act to premises leased by the board ..... since it was agreed by and between the counsel for the parties that in case the appeal filed by the appellant before the division bench of the high court is held to be competent by this court, then this court itself should consider and decide the matter on merits, instead of remitting the case back to the high court, we have heard the counsel for the parties on merits as ..... the power under section 535 is not to be lightly .....

Smt. S. Jalaja Vs. Union Of India

Court : Karnataka

..... which contain sections 25 & 26 of the 1966 act provide that provisions of karnataka public premises (eviction of unauthorized occupants) act, 1974 apply to premises of the board, whereas, the provisions of karnataka rent control act, 1961 do not apply to the premises of the board ..... of a statute enacted by the state legislature with a central statute on a subject in the concurrent list may arise in anyone or more of the following modes: first, there may be an inconsistency or conflict in the actual terms of competing statutes; second, though there is no direct conflict between a state and central statute, the later may be intended to be an exhaustive code in which event it occupies the whole field, excluding the operation of the state law on the ..... state government may if it preliminary notification under thinks fit delegate any of its section 11 is not issued within powers under this chapter to twelve months from the date of any of its officers, by rules appraisal of the social impact 10 6 made in this behalf. ..... ', air1964sc284while examining the issue whether orissa mining areas development fund act, 1952 has been rendered ineffective on enactment of the mines and minerals (regulation and development) act, 1957, it was held as follows: repugnancy arises when two enactments both within the competence of the two legislatures collide and when the constitution expressly or by necessary implication provides that the enactment of one legislature has superiority over the other then to the .....

Sri B Parveen Patwari Vs. The Muslim Boys Orphanage

Court : Karnataka

..... a short but a very significant question of law as to the invocability if not validity of section 2(e)(v) of the karnataka public premises (eviction of unauthorized occupants) act, 1974, (hereafter '1974 act') qua the waqf properties arises for consideration in the following fact matrix: (a) all the petitioners happen to be the tenants of the structures that admittedly belong to waqf; they have 6 suffered eviction orders made under the provisions of 1974 act, their contention as to non-invocability of the said act having been negatived; these orders are called in question in the writ ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. .....

Sri Dilip Kumar Ghera Vs. The Muslim Boys Orphanage

Court : Karnataka

..... a short but a very significant question of law as to the invocability if not validity of section 2(e)(v) of the karnataka public premises (eviction of unauthorized occupants) act, 1974, (hereafter '1974 act') qua the waqf properties arises for consideration in the following fact matrix: (a) all the petitioners happen to be the tenants of the structures that admittedly belong to waqf; they have 6 suffered eviction orders made under the provisions of 1974 act, their contention as to non-invocability of the said act having been negatived; these orders are called in question in the writ ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. .....

Sri H Abdul Hamid Vs. The Muslim Boys Orphanage

Court : Karnataka

..... a short but a very significant question of law as to the invocability if not validity of section 2(e)(v) of the karnataka public premises (eviction of unauthorized occupants) act, 1974, (hereafter '1974 act') qua the waqf properties arises for consideration in the following fact matrix: (a) all the petitioners happen to be the tenants of the structures that admittedly belong to waqf; they have 6 suffered eviction orders made under the provisions of 1974 act, their contention as to non-invocability of the said act having been negatived; these orders are called in question in the writ ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. .....

Smt Shanaz Begum Vs. The Muslim Boys Orphanage

Court : Karnataka

..... a short but a very significant question of law as to the invocability if not validity of section 2(e)(v) of the karnataka public premises (eviction of unauthorized occupants) act, 1974, (hereafter '1974 act') qua the waqf properties arises for consideration in the following fact matrix: (a) all the petitioners happen to be the tenants of the structures that admittedly belong to waqf; they have 6 suffered eviction orders made under the provisions of 1974 act, their contention as to non-invocability of the said act having been negatived; these orders are called in question in the writ ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. ..... the competent officer and chief executive officer, karnataka state board of auqaf, bengaluru 560 052. .....

M. Sadiq Ali Baig and Others Vs. The Government of Karnataka, Bangalor ...

Court : Karnataka

..... had to resume the land before the execution of the sale deed, it was only by following the procedure prescribed under karnataka industrial areas development act, 1966, or under the karnataka public premises (eviction of unauthorised occupants) act, 1974. 30. ..... the experiment of those states was found to be successful, the government of karnataka has also issued the government order, dated 07.08.2014 approving the allotment of land by karnataka industrial areas development board ( k.i.a.d.b. ..... he submits that under section 17 of the karnataka industrial area development act, 1966, the state government is empowered to give direction to the k.i.a.d.b ..... submits that the second respondent cannot wash its hands off, as it is obliged to act in the letter and spirit of the division bench s judgment in w.a.no.15432/2011. ..... it has to resume the land, it is only by cancelling the sale deed for the doing of which act, it has approached the civil court by filing the comprehensive suit. ..... the rule has been evolved in larger public interest to deter unscrupulous litigants from abusing the process of court by deceiving ..... submits that the said government order is published in the karnataka gazette, dated 11.09.2014. 5. ..... chief secretary of karnataka and others, reported in 2012 (1) air kar r 298. ..... administrative officer and others reported in (2012) 12 scc 133. 14 ..... in exercising extraordinary power, therefore, a writ court will indeed bear in mind the conduct of the party who is invoking such jurisdiction .....