Court : Karnataka
Reported in : ILR1990KAR977; 1990(1)KarLJ304
..... of those bane lands, in case, wet lands are divided among the members of the family. these privileges are saved by section 79(2) karnataka land revenue act. hence a civil suit for partition of bane land is not maintainable.'this decision answers the contention raised by the learned counsel for the petitioners that ..... arbitrators by parties and regulation 131 envisages nomination and substitution by revenue officers under certain circumstances. therefore, it is clear that the deputy commissioner himself cannot act as an arbitrator.12. in the instant case, the deputy commissioner was not justified in directing that the bane lands enumerated in the schedule be ..... counsel appearing for respondents 1 and 2 does not disputes that the deputy commissioner is not invested with the jurisdiction of deciding the question of partition acting as an arbitrator. regulation 127 deals with power of the revenue officer to refer matter relating to partition to arbitration. regulation 128 refers to the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR659; 1995(3)KarLJ193
..... who have been directed to vacate the schedule premises on the grounds covered by clauses (f) and (h) of the proviso to section 21(1) of the karnataka rent control act, 1961, ('act' for short).2. some of the basic facts which are not in controversy may first be noticed. the schedule premises is a shop measuring 8ft x 8 ..... whom the onus lay of proving or disproving the same and how it has to be discharged by the contesting parties.6. the relevant statutory provision's under the act pertaining to eviction on the ground of sub-letting are the following:-'21. protection of tenants against eviction:- (1) notwithstanding anything to the contrary contained in any other ..... court below has erred in holding that the landlord has proved the ground of subletting as envisaged under clause (f) of the proviso to section 21(1) of the act.16. next coming to the ground of bona fide and reasonable requirement of the landlord, admittedly, so far he himself is concerned, he is satisfactorily carrying on the .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(4)KarLJ623
..... been forwarded to the malpractices enquiry committee for taking appropriate action in terms of the ordinance pertaining to malpractices in the university examination passed under section 62 of the karnataka state universities act, 1976.4. rule 8.18 of the ordinance provides for 'procedure for reporting malpractice'. clause (c) thereof is material for the present purpose which reads thus.-'(c) the chief .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2005Kant21; [2005(104)FLR174]; ILR2004KAR4733; 2004(6)KarLJ47
..... its basic structure'.9. at this stage, i must also notice two recent enactments in the matter, namely the freedom of information act, 2002 and the karnataka right to information act, 2000. these two acts would show that the order of the day is to permit openness, transparency and accountability in administration. it is unnecessary for me to ..... notice at this stage as to whether any right available to the petitioner in terms of these two acts. the present tendency/ ..... in accordance with law.11. i also deem it proper to direct the registry to send a copy of this order to the law secretary, government of karnataka, who, in turn is directed to circulate this judgment to all the authorities including the universities, various departments of government for information and for needful action, .....
Tag this Judgment!Court : Karnataka
Reported in : 2003(5)KarLJ386
orderd.v. shylendra kumar, j.1. the 3rd respondent in this writ petition is a person holding authorisation to distribute essential food items and other items under the karnataka essential commodities (public distribution system) control order, 1992 (for short, 'the order'), for card-holders in neerakallu village, madhugiri taluk, tumkur district.2. the manner of distribution of food items .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1984KAR1289
..... defendant. any change in the land use can be allowed by the defendant on an application under section 14(2) of the karnataka town and country planning act, 1961 (for short the 'act'). the plaintiff had in fact applied to the defendant through its application/dated 16-2-1981 seeking commencement certificate/change in land use ..... is the absolute owner in peaceful possession and enjoyment of1. asst commissioner and competent authority, urban land ceiling v. ibm world trade corporation, i.l.r. karnataka 1982 (1) page 204plaint schedule property having purchased the same under a registered sale deed dated 5-3-1980, that the plaintiff's vendor wanted to put ..... in the plaint schedule property. in spite of the vested deemed certificate for change in the land use/commencement certificate the corporation authorities are refusing to act on the said basis and sanction the modified plan. they continued to insist that the plaintiff should produce an express commencement, certificate/change in the land .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR1706; 1992(2)KarLJ400
..... 2 had obtained possession of the premises by virtue of an order passed by the court on the ground under section 21 (1)(h) of the karnataka rent control act, 1961 ('the act'), the rent controller had no jurisdiction either to notify the alleged vacancy or to allot the premises, the order of allotment being without jurisdiction, is a ..... . no such specific power is vested in the rent controller or any authority under the act. section 152 of the c.p.c. which is invoked by the rent controller obviously in view of the provisions of rule 35 of the karnataka rent control rules, 1961 ('the rules'), provides for correction of clerical or arithmetical mistakes in ..... regard to the language of rule 35 of the rules, it seems to me that the legislature could never have intended investing a quasi judicial authority under the act with this extraordinary jurisdiction. furthermore, there is a constraint even for the civil courts in invoking this jurisdiction when a specific provision is available to the party .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR696
..... counsel refuted the defence put forward by the board with regard to providing further promotional advancement to non-technical employees by pointing out that under the provisions of the act read with the rules the post of junior engineer is a technical post for which a diploma/minimum qualification requirement is a must. without undermining the effect of many ..... and in breach of the constitutional guarantees. learned counsel has also referred to the decision of the supreme court reported in : air1989sc1673 sriniketan co-operative group housing society ltd. vs vikas society ltd. etc, wherein the supreme court had occasion to deal with article 14 of the constitution in relation to co-operative ..... societies. while allotting certain lands, the government had followed the principle of first come first served and the action was struck down because it was demonstrated to the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR1897; 2002(5)KarLJ188
..... question is no longer res integra as this question had been settled by a division bench of this court in krishnappa v. state of karnataka, ilr 1982 kar. 1310 by holding that though the community 'nayaka' was not recognised as scheduled tribe as on the date of grant, yet, the existence ..... the writ petition filed by them challenging the orders passed by the assistant commissioner, tiptur and the deputy commissioner, tumkur under the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 ('the act' for short) restoring the land in favour of the grantee, respondent 3.2. we have heard the learned counsels on both ..... these communities had not been included in the schedule of scheduled tribes and, therefore, the sale in their favour is not in violation of the provisions of the act. on this premise it is submitted by learned counsel for the appellants that these lands could not have been restored in favour of respondent 3.6. this .....
Tag this Judgment!Court : Karnataka
Reported in : 1990(1)KarLJ226
..... j. 1. the petitioner is a licensee to vend indian made foreign liquor. the licence is called c.l.2 licence. the licence was obtained under the provisions of the karnataka excise (sale of indian made foreign liquor) rules, 1968 (for short 'the liquor rules'). originally, the licenced premises was situated near the bus stand and it belonged to ..... shift the shop, he will have to undergo great hardship and has to suffer irreparable injury. in this regard the learned counsel referred to certain provisions of the karnataka excise act ('the act' for short) and the two statutory rules. one is already referred to as the liquor rules and the other is ..... karnataka excise licences (general conditions) rules, 1967 ('the general rules' for short). as per section 15 of the act, it is imperative that a licence should be obtained for vending the liquor, either wholesale or retail. under section 21, the power .....
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