Court : Karnataka
Reported in : ILR1991KAR4557; 1991(3)KarLJ142
..... jivaji @ balasaheb venkatesh anikhindi v. sadashiva rao ramachandra rao pote, : ilr1991kar4307 while considering the question whether the provisions of the limitation act could be applied to eviction proceedings arising under the karnataka rent control act, in view of non-obstinate clause in section 21 (1) thereof, has held as follows:-'section 21(1) of the ..... act opens with the non-obstinate clause 'notwithstanding anything to the contrary contained in any other law or contract'. thus, the non-obstinate clause contained in section 21 of the act ..... were left unnoticed while laying down the ruling interpreting rule 43j.28. when the constitutional validity of the act was challenged, this court in s.v. krishnappa v. state of karnataka ilr karnataka 1982(2) 1310 has held with regard to classification of grantees as follows:-'the question is whether the classification .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR1894; 1992(2)KarLJ425
ordershivashankar bhat, j. 1. the landlord of the premises in question is the revision petitioner; his petition under section 21(1)(h) of the karnataka rent control act, 1961, ('the act' for. short) seeking eviction of the respondent on the ground of landlord's requirement to' occupy his own premises was dismissed by the trial court ..... 000/- p.m. the ground floor and the first floor face the 10th main road, iv block, jayanagar, which is entirely a commercial locality, busy always with vehicular traffic. the 2nd floor, (the schedule premises) and the third floor face the 28th 'a' cross, which is entirely residential. the third floor has 14 rooms and the ..... always be towards extending protective arms in favour of the tenant.in the above passage, supreme court has also pointed out that the purposes of the rent control acts include safeguarding of the legitimate interests of the landlords. therefore, it is not possible to ignore the interests of the landlord altogether; question in every case .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1993Kant188; ILR1993KAR1589
..... ram v. smt. kazani, : [1973]1scr254 , wherein at para 5 of its judgment the supreme court, while interpreting scope of section 13(1) of the rent control act held that in execution proceedings section 11 of the code of civil procedure does not apply in terms but the rule of constructive res judicata has always been applied. it ..... land shall be declared as coupled with encumbrance and charge created on such party and considering the case of the petitioners fresh grant of alternative land as per the karnataka land grant rules, etc., they are neither tenable nor have any force in the eye of law. in view of the discussions made above, all the ..... are purchasers ofgovernment lands which were granted to thegrantees under the then existing land grantrules of state of mysore. 3. karnataka sc/st (prohibition of transfer of certain lands) act, 1978 (hereinafter referred to as the 1978 act) is a social legislation enacted with a view to see that the persons belonging to the weaker section of the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR1447; 1992(3)KarLJ137
..... and mandal panchayats for a group of villages constituted into a mandal panchayat and nyaya panchayats. the act repealed the earlier law on the topic, namely, the karnataka village panchayats and local bodies act, 1959, which was considered as not fulfilling the requirements of a full and effective panchayat raj ..... for improvement. (3) in implementing the plans or schemes all the rules of implementation applicable to government departments such as for purchase, tender, quality control, technical sanctions, accounts and audit and supervision shall mutatis mutandis be applicable'. in addition, section 184 provides for transfer of governmental functions to the ..... the mandal panchayats measures for the improvement of the breed of cattle and other live stock and poultry. (c) dairy developments. (d) protective measures for controlling contagious diseases. iv. welfare of the scheduled castes and scheduled tribes and backward classes - (a) promotion of education, economic, social, cultural and other .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC2169; (1992)2CompLJ177(SC); JT1992(3)SC535; 1992(1)SCALE1157; (1992)3SCC580; [1992]3SCR213
..... which such party belongs.(6) the party to any such agreement or arrangement entered into after the commencement of the electricity (supply) (karnataka amendment) act, 1981, shall, notwithstanding anything contained in this act, or in such agreement or other arrangement, pay, in respect of electricity supplied by the board, price (by whatever name called ..... and no question of legislative competence would arise. it also follows as a necessary corollary that, even though sugar industry was a controlled industry, none of these acts enacted by the center was in exercise of its jurisdiction under entry 52 of list i.industry in the wide sense of the ..... karnataka act 33 of 1981. before the promulgation of the ordinance which was replaced by the said act, the board increased the power rate in july 1980 far beyond the rate prescribed in the agreement. after promulgation of the ordinance since replaced by the act on february 1, 1981, the board further increased the tariff rates.5. the aluminium control .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR3068; 1992(3)KarLJ355
..... and 5': these petitioners 3 to 5 are sought to be evicted from their occupation in a petition presented on 12-10-1987 under the provisions of the karnataka rent control act and the proceedings are registered as hrc.no. 296/1987, which is pending. (here, it is necessary to note that, actually there are three eviction ..... every resident of the city has sufficient interest to question the unlawful construction of vast magnitude in the locality, which would contribute to the greater congestion and traffic in a particular area.48. in view of the glaring violation of the zonal regulations, the manifestly illegal orders of the state government and having regard ..... building is proposed to be put up is described in the writ petition as follows:'the hampankatta area is the busiest commercial area in mangalore with the heaviest traffic in the city. hampanakatta area comes within the outline development plan and the comprehensive development plan as an 'intensely developed area', of mangalore city. the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR3255
..... three months having regard to the proviso to sub-section (2) of section 3 of the karnataka prevention of dangerous activities of bootleggers, drug offenders, gamblers, goondas, immoral traffic offenders and slum-grabbers act, 1985 (hereinafter referred to as the 'act'); and (3) that the incidents mentioned in the grounds of detention covered the period from 13 ..... to have been vitiated. acceptance of this contention would amount to ignoring the provisions contained in section 6a of the act. to avoid such a contention only, section 6a came to be inserted by karnataka act 22 of 1987. therefore, we are of the view that the fact that some of the grounds mentioned in the ..... provision only enables the state government to empower the district magistrate to exercise the powers conferred upon it under sub-section (1) of section 3 of the act. the proviso thereof provides that such empowering shall not exceed three months in the first instance. thereafter, if the state government is satisfied that it is .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC810; 1993(1)ALT(Cri)521; 1993(41)BLJR248; 1993CriLJ172; 1992(3)Crimes635(SC); 1993(42)ECC12; JT1992(6)SC162; 1992(2)SCALE796; (1993)1SCC163
..... has, been made on a different ground that the detenu is likely to smuggle goods into and through the indian coastal waters, contiguous to the state of karnataka. therefore, there was no territorial nexus providing jurisdiction to the detaining authority to pass the impugned order and that the second respondent has passed the declaration without ..... the detenu is likely to smuggle goods into and through the indian coastal waters, contiguous to the state of karnataka which is highly vulnerable to smuggling as defined in explanation 1 to section 9(1) of the act, the said declaration has never been communicated and served on the detenu within 5 weeks, which is the ..... of detention was passed under section 3(3) of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 and thereafter a declaration under section 10(1) of the said 1988 act which section is similar to 9(1) of the cofeposa act. a contention was raised in that case that there was delayed communication .....
Tag this Judgment!Court : Karnataka
Reported in : [1993]201ITR764(KAR); [1993]201ITR764(Karn); 1993(37)KarLJ145
..... . shivashankar bhat, j.1. in respect of there assessment 1981-82, 1982-83 and 1983-84, the following question has been referred under section 256(1) of the income-tax act, 1961 : 'whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the lorries owned by the assessee would not fall under item .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR551; 1993(1)KarLJ328
..... referred to as the rules). the grantee sold the land on 30.7.1966 to the appellant. after the coming into force of the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978, the grantee made an application before the assistant commissioner for declaring that the sale was void because it was effected within the period of ..... the orders of the assistant commissioner and the special deputy commissioner. the findings on the aforesaid points would be necessary for the purpose, of exercising the jurisdiction under the said act and declaring the transaction of sale as void. thus, the findings of fact necessary for the purpose of exercising the jurisdiction, are not recorded by anyone of the authorities below .....
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