Court : Karnataka
Reported in : AIR2007Kant46(DB); ILR2006KAR4584; 2007(1)KarLJ378; 2007(1)KCCR125; 2007(1)AIRKarR296
..... the karnataka rent control act is repealed by virtue of the karnataka rent act, which came into force on 31.12.2001. ..... under chapter v of the rent control act, however, all other provisions were applicable ..... rule 1 clause (p) of this chapter defines 'to admit a case', which reads as under:(p) 'to admit a case' means to decide to issue notice to respondent or direct issue of notice to respondent after preliminary perusal of papers or preliminary hearing under the provisions of order 41, rule 11 of the code of civil procedure or section 421 of the code of criminal procedure or any other like provision of any other law for the time being in force ..... support of his case, he relied on the high court (karnataka) rules 1959 (hereinafter referred to as the rules) and submitted that chapter vi of the rules deals with appeals. ..... reading of the definition 'to admit a case' indicates that the matter if it is listed for admission, it should be dealt with for preliminary hearing under the provisions of order xli rule 11 or similar provisions. ..... whether rule 5 of chapter vi of the high court (karnataka) rules, 1961 dispense the: posting of the first appeals for admission ..... by referring to these provisions, learned counsel for the appellant submitted that rule 5 of chapter vi of the high court rules completely governs the procedure in respect of first appeals before this court and in view of the said rule, the applicability of the provisions of cpc in the matter of regulating the procedure of admission .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1977Kant72; ILR1976KAR1792; 1976(2)KarLJ266
..... the application of mysore civil courts act (21 of 1964) to a court appointed under the karnataka rent control act with reference to its section 48. ..... held that the court notified under the karnataka rent control act will not be of a civil court contemplated under the mysore civil courts act (21 of 1964). ..... (h) of the karnataka rent control act shall be deemed ..... if the expression 'court' is used in rule 6, it refers as well, to a court notified under the karnataka rent control act, to decide petitions under section 21 (1) of that act.4. ..... 21(1), proviso (h) of the karnataka rent control act, for eviction of p. ..... learned counsel was that after the efflux of time, the petitioner tenant became a statutory tenant, as he could not be evicted due to statutory immunity provided for under the rent control act. ..... shall not be an authority for interpreting the expression 'court' with reference to rule 6 of chapter vii of the high court of karnataka rules. ..... in my opinion, the mutual consent to continue the tenancy could be inferred from the long period the rent was accepted, the notice to quit already given by the landlord, the recitals made in the lease deed and besides all these, the very contentions made by the landlord ..... a preliminary objection was raised on behalf of the respondent-landlord that the present ..... the respondent-landlord in that connection referred to rule 6 of chapter vii of the high court of karnataka rules, 1959. ..... that he ceased to be a court even for the purpose of rule 6, chapter vii? .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR4104; 2005(6)KarLJ21
..... the short question that arise for consideration in this revision is as to whether an eviction petition filed under section 21(1) (h) of the karnataka rent control act, 1961 corresponding to section 27(2) (r) of the karnataka rent act, 1999 be dismissed as premature on the ground that after the purchase of the schedule property the petition was filed within a period of ..... but from the scheme of the code, the content and marginal heading of section 190 and the caption of chapter xiv under which sections 190 to 199 occur, it is clear that a case can be said to be instituted in a court only when the court takes cognizance of the offence ..... magistrate has or has not taken cognizance of the offence will depend on the circumstances of the particular case including the mode in which the case is sought to be instituted and the nature of the preliminary action if any taken by the magistrate. ..... judge of the court of small causes recorded a finding that the landlord purchased the schedule premises under the sale deed dated 18-10-2000 whereas the eviction petition is filed on 27-3-2001 within a period of one year and therefore, the eviction petition is not maintainable and came to be dismissed invoking section 70(2) (b) of the karnataka rent act, 1999. ..... to note that the eviction petition was filed on 23-7-2001. ..... an admitted fact that the schedule property in question was purchased by the landlord under the sale deed dated 18-10-2000 and that the eviction petition came to be filed on 23-7-2001. .....
Tag this Judgment!Court : Karnataka
..... for r1; sri r.b.sathyanarayana singh, aga for r1) these writ petitions filed under article226of the constitution of india, praying to].quash the preliminary notification dtd.6.2.2006 published in the karnataka gazette on82.2006 vide annex-b and the final notification dtd.17.12.2007 published in the karnataka gazette on1812.2007 vide annex-f as against the petitioners lands bearing sy.no.370, 371/1, 375/2, 377/3, 377/6, 377/7 and396all situated at amani ..... by preliminary notification dated 06.02.2006 published in the karnataka gazette dated 08.02.2006, the lands in question were proposed to be acquired under section 28(1) of the karnataka industrial area development act, 1966 (for short, the kiad act ) for establishing and developing industries by the karnataka industrial area development ..... been paid the said proceedings shall be deemed to have lapsed and the appropriate government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this act: provided that where an award has been made and compensation in respect of a majority of land holding has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the ..... acquisition act, 1894 (central act 1 of 1894) shall mutatis mutandis apply in respect of the enquiry and award by the deputy commissioner, the reference to court, the apportionment of compensation and the payment of compensation, in respect of lands acquired under this chapter .....
Tag this Judgment!Court : Karnataka Dharwad
..... others contends that issue of notification under section 4 (1) under the provisions of the land acquisition act is no more than notifying a proposal for acquisition for the purpose stated in the preliminary notification and no one can be sure whether the preliminary notification would be culminating in a notification under section 6 of 5 the land acquisition act and therefore the deputy commissioner could not have speculated on the course of acquisition proceedings while refusing ..... of the new act states that no person shall make any transaction or cause any transaction of land specified in the preliminary notification or create any encumbrances on such land from the date of publication of such notification till such time as the proceedings under this chapter are completed ..... an application under section 95 of the karnataka land revenue act before the deputy commissioner seeking conversion ..... respondent this appeal is filed under section4of the karnataka high court act, 1961, praying to allow this writ appeal and set aside the impugned order dated218.11.2014 passed in w.p.no. ..... not a 8 relevant material to be taken into consideration for deciding the application filed under section 95 of the karnataka land revenue act, seeking conversion.11 ..... and the state of karnataka the deputy commissioner navanagar ..... in the high court of karnataka dharwad bench dated this the8h day of april, 2015 present the hon ble mr.justice b.s.patil and the hon ble mr.justice p.s.dinesh kumar writ appeal no.100024/2015 .....
Tag this Judgment!Court : Karnataka
..... government; (g) a person in the service of pay of,- (i) a local authority in the state of karnataka; (ii) a statutory body or a corporation (not being a local authority) established by or under a state or central act, owned or controlled by the state government and any other board or corporation as the state government may, having regard to its financial interest therein, by notification, from time to time, specify; (iii) a company registered under the companies act, 1956, in which not less than fifty-one percent of the paid ..... as far as the next contention regarding there being non-compliance of section 9(3) of the kl act is concerned, learned counsel for the petitioner in writ petition no.45764/2017 contended that under sub-section (3) of section 9 of the kl act, where the lokayukta or a upa-lokayukta proposes, after making such preliminary inquiry as he deems fit, to conduct any investigation under the kl act, he has to forward a copy of the complaint to the public servant and afford to such public servant an opportunity to offer his ..... the framework of the rules insofar as it pertains to conduct, misconduct, suspension, procedure to be followed for imposition of penalties, penalties to be imposed are as follows: rules 91 and 92, which form a part of chapter 8 and deals with conduct and misconduct. ..... that, as per rule 80.0 of service rules, 2001, milk union relied upon karnataka civil services rules, only in case where there was no specific rule in its service regulations. .....
Tag this Judgment!Court : Karnataka
..... government; (g) a person in the service of pay of,- (i) a local authority in the state of karnataka; (ii) a statutory body or a corporation (not being a local authority) established by or under a state or central act, owned or controlled by the state government and any other board or corporation as the state government may, having regard to its financial interest therein, by notification, from time to time, specify; (iii) a company registered under the companies act, 1956, in which not less than fifty-one percent of the paid ..... as far as the next contention regarding there being non-compliance of section 9(3) of the kl act is concerned, learned counsel for the petitioner in writ petition no.45764/2017 contended that under sub-section (3) of section 9 of the kl act, where the lokayukta or a upa-lokayukta proposes, after making such preliminary inquiry as he deems fit, to conduct any investigation under the kl act, he has to forward a copy of the complaint to the public servant and afford to such public servant an opportunity to offer his ..... the framework of the rules insofar as it pertains to conduct, misconduct, suspension, procedure to be followed for imposition of penalties, penalties to be imposed are as follows: rules 91 and 92, which form a part of chapter 8 and deals with conduct and misconduct. ..... that, as per rule 80.0 of service rules, 2001, milk union relied upon karnataka civil services rules, only in case where there was no specific rule in its service regulations. .....
Tag this Judgment!Court : Karnataka
..... government; (g) a person in the service of pay of,- (i) a local authority in the state of karnataka; (ii) a statutory body or a corporation (not being a local authority) established by or under a state or central act, owned or controlled by the state government and any other board or corporation as the state government may, having regard to its financial interest therein, by notification, from time to time, specify; (iii) a company registered under the companies act, 1956, in which not less than fifty-one percent of the paid ..... as far as the next contention regarding there being non-compliance of section 9(3) of the kl act is concerned, learned counsel for the petitioner in writ petition no.45764/2017 contended that under sub-section (3) of section 9 of the kl act, where the lokayukta or a upa-lokayukta proposes, after making such preliminary inquiry as he deems fit, to conduct any investigation under the kl act, he has to forward a copy of the complaint to the public servant and afford to such public servant an opportunity to offer his ..... the framework of the rules insofar as it pertains to conduct, misconduct, suspension, procedure to be followed for imposition of penalties, penalties to be imposed are as follows: rules 91 and 92, which form a part of chapter 8 and deals with conduct and misconduct. ..... that, as per rule 80.0 of service rules, 2001, milk union relied upon karnataka civil services rules, only in case where there was no specific rule in its service regulations. .....
Tag this Judgment!Court : Karnataka Dharwad
..... have clearly been inserted, keeping in mind the aims and objectives of the said act of 2013 and so long as the said mandatory requirements contained in chapter-ii have not been exempted by issuing / publishing a duly gazetted gazette notification in the official gazette in accordance with section 10-a of the said act of 2013 (karnataka amendment), any acquisition and a preliminary notification 3 5 issued without following or complying with the said mandatory requirements/procedure would be vitiated, illegal ..... 14.2 insofar as the contention urged on behalf of the state that the subject acquisition proceedings are in the nature of an infrastructure project as defined in section 10- 4 3 a(b) of the said act of 2013, which exempts following the procedure under sections 4 to 8 of chapter ii, thereby rendering the preliminary notification valid and legal is concerned, needless to state that in view of my finding above that the impugned notification dated 16.05.2020 is illegal and invalid, there is no exemption whatsoever available to the ..... petitioners submits that the impugned notifications are illegal, arbitrary and contrary to the said act of 2013 and the said rules (karnataka) of 2015 and the same deserve to be quashed, since the mandatory requirements of rules 21 and 22 of the said rules of 2015 had not been followed by the respondents - state prior to issuing the impugned preliminary notification in addition to the fact that the notification dated 16.05.2020 said to have .....
Tag this Judgment!Court : Karnataka Dharwad
..... have clearly been inserted, keeping in mind the aims and objectives of the said act of 2013 and so long as the said mandatory requirements contained in chapter-ii have not been exempted by issuing / publishing a duly gazetted gazette notification in the official gazette in accordance with section 10-a of the said act of 2013 (karnataka amendment), any acquisition and a preliminary notification 3 5 issued without following or complying with the said mandatory requirements/procedure would be vitiated, illegal ..... 14.2 insofar as the contention urged on behalf of the state that the subject acquisition proceedings are in the nature of an infrastructure project as defined in section 10- 4 3 a(b) of the said act of 2013, which exempts following the procedure under sections 4 to 8 of chapter ii, thereby rendering the preliminary notification valid and legal is concerned, needless to state that in view of my finding above that the impugned notification dated 16.05.2020 is illegal and invalid, there is no exemption whatsoever available to the ..... petitioners submits that the impugned notifications are illegal, arbitrary and contrary to the said act of 2013 and the said rules (karnataka) of 2015 and the same deserve to be quashed, since the mandatory requirements of rules 21 and 22 of the said rules of 2015 had not been followed by the respondents - state prior to issuing the impugned preliminary notification in addition to the fact that the notification dated 16.05.2020 said to have .....
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