Court : Karnataka
Reported in : ILR1987KAR3415
..... landlord to recover possession.14. sri k.s. desai, learned advocate appearing on behalf of the appellant, argued that on the coming into force of the karnataka rent control act the jurisdiction of the ordinary civil court to grant a decree for possession under such facts and circumstances, has been taken away and therefore the decree for possession ..... wherein it is laid down that even where a tenant-defendant had set up title in himself and the lease got determined, provisions of section 21 of the karnataka rent control act are attracted and no decree for recovery of possession could be made in favour of the landlord-plaintiff. sri a. shivaramiah, learned advocate for the respondent, relied ..... plaintiff and even denied the title of the plaintiff, he thereby forfeits the tenancy right if any and there is no bar to order eviction and the rent control act is not attracted.15. the proposition laid down in the said two decisions need not, in my opinion, be probed further in detail as the law has .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR3127
..... fact whether they had paid subscription or they were in arrears. referring to the provisions of sections 2(b), 6, 9 and 19 of the karnataka societies registration act, 1960 (hereinafter called the 'act) and rule 3 made thereunder, it was claimed that despite being in arrears, a person had to be continued as a member and could ..... not be disqualified or expelled. the object of the act is stated to be to provide for the registration of literary, scientific, charitable and other societies in the state of karnataka. the act does not specifically provide for expulsion of a member. it was claimed that a person who had ..... , proceedings at such meetings including voting by members, the governing body and proceedings of meetings of the governing body : provided that, save as otherwise provided in this act, no rule or regulation of a society shall exclude any member from being entitled to vote. (3) the memorandum and rules and regulations of the society shall be .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(1)ALD531; 2001(1)ALT597
..... the respondent landlord in respect of the demised premises viz., the wooden bunk and that the provisions of the andhra pradesh buildings (lease, rent and eviction) control act, 1966 (for short the 'act') apply to the same and that the appellant denied the title of the respondent mala fidely and committed default, dismissed the appeal. having been aggrieved by the ..... the box shop. it was also a wooden structure constructed out of a mango plank with iron hooks. since that structure was let out for business purposes, the karnataka high court was of the view that, it answers the definition of building. 14. it is obvious thus from a conspectus of the decisions referred to supra that ..... which it was let out would go in favour of the conclusion that it is nothing but a building as defined under section 2 (iii) of the act. that view is further re-enforced by the judgment of the karnataka high court. therefore, the premises in question comes clearly within the definition of building as given in the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2008NOC2790(FB); ILR2008(3)KAR2895; 2008(4)KarLJ593; 2008(4)KLJ593; 2008(5)AIRKarR261; AIR2008NOC2790(FB)
..... date and for the transaction of business in the parliament. after the expiry of 15 years, the english is continued.176. the karnataka legislature passed the karnataka official language act, 1963 providing for adoption of kannada as the language to be used for the official purposes of the state and for continuous use ..... administration, including the right of appointment, disciplinary powers, admission of students and the fees to be charged.the standards of education can be and are controllable through the regulations relating to recognition, affiliation and common final examinations. reputation of educational institution is established by the quality of its faculty and students ..... business. the question of whether there is a fundamental right or not cannot be dependent upon whether it can be made the subject matter of controls.the right to establish an educational institution can be regulated but such regulatory measures must, in general, be to ensure the maintenance of proper academic .....
Tag this Judgment!Court : Karnataka
Reported in : 2007(4)KarLJ481
..... authority as the proceedings has to be initiated under the provisions of section 21 of the karnataka rent control act, 1961 and not for any other reasons. accordingly, it is his submission that the order of the district judge setting aside the order passed by ..... . further, counsel for the 3rd respondent submitted that this property has been allotted to him by the rent controller and no such notice is prescribed under the karnataka rent control act regarding termination of tenancy and the order passed by the competent authority directing to vacate and hand over possession is without any ..... unauthorised occupation does not become authorised merely because protection was given against the arbitrary evictions under the provisions of the rent control act earlier. the court has further noted that under the provisions of the act it is not contemplated that any prior notice of termination be given to an unauthorised occupant.20. in these set .....
Tag this Judgment!Court : Karnataka
Reported in : 2005(5)KarLJ377
..... the central government or a local authority;(ii) a muzarai or religious or charitable institution;(iii) a wakf.70. repeal and savings.--(1) the karnataka rent control act, 1961 (karnataka act 22 of 1961) is hereby repealed.(2) notwithstanding such repeal and subject to the provisions of section 69.--(a) all proceedings in execution of any ..... been filed therein.4. the revisional court was of this view for the reason that the karnataka rent control act, 1961 stood repealed as from 31-12-2001 and was replaced by karnataka rent act, 1999 (hereinafter referred to as '1999 act' for short) and in terms of the provisions of section 70(2)(c) of ..... petitioners are all tenants in the premises located in different places wherein the provisions of the karnataka rent control act, 1961 (hereinafter referred to as '1961 act' for short) was applicable and the respective landlords had initiated proceedings under this act for eviction of these tenants invoking the different provisos to section 21(1) of the 1961 .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR860; 1996(3)KarLJ272
..... during the academic year of 1994-95, the state government may, if it considers necessary so to do, issue directions to the karnataka state secondary education examination board, or to the university established under the karnataka. state universities act, 1976 (karnataka act 28 of 1976) and subject to such conditions as may be specified in such direction, to conduct the examinations for such students within ..... . at this stage, mr. srinivasa reddy, learned additional government advocate brings to my notice s. 5 of the karnataka prohibition of admission of students to the unrecognised and unaffiliated educational institutions act, 1992 (karnataka act 7/93) (in short, 'the state act') as substituted by the karnataka ordinance no. 10 of 1995 to bring home the point that keeping in view the provisions thereof, if the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR537; 1998(1)KarLJ162
..... the bus stand in udupi. taking of remedial measures under section 115 of the act in the process of taking traffic control measures under chapter viii of the act can never be held to be permanent. the very proviso to section 115 of the act contemplates making any such arrangement even for a period less than a month. it ..... necessary, but such local publicity as the circumstances may permit, shall be given of such prohibition or restriction'. rule 221-a(5) of the rules as inserted by the karnataka motor vehicles (2nd amendment) rules, 1990, reads as under:'221-a. power of authorities to restrict speed.- (1) xxxxxxxxx.(2) xxxxxxxxx.(3) xxxxxx xxx.(4) xxxxxxxxx ..... permits taking note of the notification issued by the district magistrate dated 6-4-1993 under section 115 of the motor vehicles act, 1988 ('act' for short) read with rule 221-a(5) of the karnataka motor vehicles rules, 1989 ('rules', for short), restricting further entry of mofussil buses to hampanakatta area in the city of mangalore .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR149
..... 4. the facts giving rise to these two appeals are as under: there is an institution called 'seva sagar' a service organisation registered under the karnataka societies registration act, 1960 in registration no. 208/86-87 on 25-2-1986. the original promoters of the society are r.mailiga, lakshmikanth and five others. ..... of deciding the applications for interim orders. the defendants in that suit also produced documents which they relied on to contend that they were in effective control and management of the sevasagar society. the plaintiffs in o.s. 2324/92 produced the original certificate of registration, original register of membership, original applications ..... his favour. but it is always difficult to balance all these considerations on the facts and circumstance of each case, especially in suits for gaining control of the management and administration of educational institutions where the personal interest of the parties in some tangible property does not come up for adjudication before .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1950; [2004(101)FLR198]; JT2004(3)SC510; (2004)IILLJ356SC; 2004(3)SCALE187; (2004)11SCC526; 2004(2)SLJ465(SC)
..... may become arbitrary and unreasonable with the change of circumstances. a three judge bench said that :'it is true that whenever a special provision, like the rent control act, is made for a section of the society it may be at the cost of another section, but the making of such a provision or enactment may ..... and ors. v. state of maharashtra and anr. : air1998sc602 challenge was to the validity of certain provisions of the bombay rents, hotel and lodging house rates control act 1947 insofar the same provided that the landlords cannot charge rent in excess of the standard rent. it was held that there is considerable judicial authority for the ..... the constitutional validity of clause (b) of section 32 of andhra pradesh buildings (lease, rent and eviction) control act, 1960 which exempts all buildings constructed on and after 26th august, 1957 from the operation of the act. the provision was enacted to provide an incentive to the house building activity to meet the shortage of accommodation .....
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