Judgment Search Results Home > Cases Phrase: karnataka treasure trove act 1962 section 20 power to make rules Page 1 of about 529 results (0.155 seconds)

B.K. Kollappa Vs. State of Karnataka and anr.

Court : Karnataka

Reported in : ILR1996KAR2800; 1996(6)KarLJ301

..... , the deputy commissioner issued a notification under section 4(b) of the karnataka treasure trove act, 1962 requiring alt persons claiming the treasure, or any part thereof, to appear before ..... in a government treasury to the credit of such person, and thereupon such treasure or portion shall be deemed to be the property of government and the money so deposited shall be dealt with, as far as may be, as if it were such treasure or portion.in determining the value of the materials of a treasure or portion for purposes of sub-section (1), any increase in the value of such materials or portion by reason of their being of historical or archaeological importance ..... 'the deputy commissioner may, at any time after making a declaration under section 8 and before delivering or dividing the treasure as hereinbefore provided, declare, by writing under his hand, his intention to acquire on behalf of the government the treasure or any specified portion thereof by payment to the persons entitled thereto of a sum equal to the value of the materials of such treasure or portion, together with one-fifth of such value, and may place such sum in deposit ..... belonged to the period of 'gangas', an important ruling dynasty in ancient karnataka and therefore use of historical importance and archaeological antiquities ..... in these circumstances is wholly unsustainable and in excess of the powers vested in the government and the deputy commissioner under the provisions of the act.10. .....

Smt. Uma W/O Late Chakravarthy Vs. State of Karnataka - by Sub-inspect ...

Court : Karnataka

Reported in : 2006CriLJ3761; 2006(4)KarLJ661

..... deputy commissioner shall deal with the matter in accordance with law in terms of chapters ii & iii of the karnataka treasure trove act, 1962. ..... the very order of the magistrate in releasing the property subject to condition is erroneous as he has no jurisdiction in view of the provisions of the act chapter ii (section 3 to 8) and chapter iii (section 9 to 15) deals with the power and duties of the deputy commissioner regarding notice, enquiry, declaration regarding treasure and disposal of the treasure respectively.23. ..... petitioner's counsel submitted that the learned magistrate has no power to impose conditions while disposing of the application filed under section 457, cr.pc, it has to be reminded at this juncture, that the learned magistrate ought not have considered this application for disposal and ordered for release either subject to conditions or otherwise as he has no power since the property has to be treated as a treasure as per the definition under the act as such, the impugned order passed by the ..... petitioner - uma did not challenge the said order except for release of the diamond stones, when this petition is being considered by this court under section 482, cr.pc and when an order has been passed illegally by the learned magistrate, this court exercising the inherent power suo motu can very well examine and pass appropriate orders. ..... in a catena of decisions, it is held that the inherent power has to be exercised by the high court only under section 482, cr.pc. .....

Dr. Tammanna Gowda Vs. the Deputy Commissioner, Gulbarga and Another

Court : Karnataka

Reported in : AIR1994Kant188; ILR1994KAR944; 1994(1)KarLJ315

..... the notice of the authorities and also gave a notice as contemplated under section 3 of the karnataka treasure trove act,claiming the treasure trove before the deputy commissioner. ..... of the suit is to determine the person's right to the treasure and in the present case the civil court having already decided in favour of the petitioner the deputy commissioner ought to have held that the petitioner ..... government has also power to acquire on behalf of the government the treasure under section 15 of the act by paying compensation in a sum equal to the value of the treasure or portion,together with one fifth of such value.4.relying upon the decision in munawar ali khan v.punjab province through the collector, air 1949 east punj 33,the learned counsel for the petitioner contended that in suits arising under section 8 of the treasure trove act, 1878,the scope ..... owner of the place and the finder.under section 12 it is provided that when two or more persons appear in an enquiry under section 8 and each of them claimed as owner of the place where such treasure was found or otherwise or the right of any person so appeared and claimed is disputed by the finder of such treasure,the deputy commissioner shall retain such treasure and shall make an order staying his proceeding with a view ..... rule .....

S.R. Arun Kumar Vs. the State of Karnataka, by the Officer-in-charge o ...

Court : Karnataka

..... petitioner has sought for quashing the fir in crime no.75/2012 of v.v.puram police station, mysore city, registered for the offences punishable under section 18 of the karnataka treasure trove act,1962, section 25 of the antiquities and art treasures act,1972, section 51 of the wild life protection act, 1972 and section 102 r/w 41(1) (d) of cr.p.c. ..... contended that, since nothing found in the house was a treasure within the meaning of section 2(g) of the karnataka treasure trove act, 1962, the local police had no authority to investigate the matter. ..... however, according to section 2(g) of the karnataka treasure trove act, treasure means, anything of any value hidden in the soil or in anything ..... further contended that, since several centuries old coins were found in the house, they fall under the karnataka treasure trove act, in which event, the local police have jurisdiction to investigate the matter. ..... deal with the power of the police officer to seize certain property which may be alleged or suspected to have been stolen or which may be found under circumstances which create suspicion of the commission of any offence and they being general procedures laid down under the code of criminal procedure, does not have over-riding effect on the provisions of section 23 of the antiquities and art treasures act. ..... sub-section (2) of section 23 makes application of provisions to sections 102 and 103 ..... there were no basis for exercising power under section 41 (1) (d) or/and section 102 of cr.p.c. .....

Smt Uma Vs. The Sub Inspector of Police

Court : Karnataka

..... the learned counsel for the petitioner submits that subsequently another case was registered in crime no.529/1988, against one raju, for an offence punishable under section 8 of the karnataka treasure trove act, 1962 (for short the treasure trove act ). ..... that no charge sheet was filed against the husband of the petitioner and all the four cases were transferred to sampangi rama nagar police station and the said police filed charge sheet under section 18 of the treasure trove act in respect of crime no.177/1988 against the said raju and the -4- same was registered in cc no.5866/1990 before the chief metropolitan magistrate, bengaluru.3. ..... this court found that in view of the provisions of the treasure trove act, especially chapter ii & iii which deals with the powers and duties of the deputy commissioner, the magistrate had no jurisdiction. ..... learned counsel hastens to point out that under section 11, a person other than the finder of such treasure may make a claim. ..... though section -16- 11 makes a provisions for a person other than the finder to lay claim, the claim cannot be upheld unless the finder does not dispute such person s claim over the treasure. ..... in cases where the treasure is ownerless and other than the finder any other person (who may be the owner of the place in which treasure is found) makes a claim and finder does not dispute the claim of such persons, then the deputy commissioner should proceed to follow the procedure laid out under section 11 viz. .....

Hanuman Laxman Aroskar Vs. Union of India

Court : Supreme Court of India

..... 33 on 27 january 1994, the moef, in exercise of the powers conferred by sub- section (1) and clause (v) of sub-section (2) of section 3 of the 1986 act read with clause (d) of sub-rule 3 of rule 5 of the environment (protection) rules, 1986, issued a notification33 imposing restrictions and prohibitions on the expansion and modernisation of any activity or new project unless an ec was ..... in the north to kanyakumari in the south with an average elevation of more than 600 metres and traverses through six states namely, gujarat, maharashtra, goa, karnataka, kerala and tamil nadu; and whereas, western ghats is a global biodiversity hotspot and a treasure trove of biological diversity and it harbours many endemic species of flowering plants, endemic fishes, and invertebrates and it is also an important center of evolution of economically ..... hearings and to forward the proceedings to the regulatory authority within the stipulated time; (iv) placing on the website of the pollution control board a summary of the eia report in the prescribed format and the making available of the draft eia report by the regulatory authority on a written request by any person concerned, for inspection; (v) the duty of the applicant to address all material concerns expressed during the process ..... : the proper test for determining whether a question of law raised in the case is substantial would, in our opinion, be whether it is of general public importance or whether it directly 57 (2019) 4 scale21858 1962 supp. .....

Master Balachandar Krishnan Vs. The State Of Karnataka

Court : Karnataka

..... . (3) the impugned amendment in sub-section (3) of section 4 of the act is contrary to the scheme of the act and powers vested in the authorities recognized under the act which makes the respondent/law school an autonomous and independent body free from state s ..... the national law school of india society, has requested the state government to establish the national law school of india university on the lines of the said rules to enable it to carry out its objects and functions effectively; and whereas it is considered necessary to encourage the establishment of such a national level institution in the state of karnataka; and whereas it is deemed expedient to establish national law school of india university for the purposes hereinafter appearing; be it enacted by ..... . sri.banerjee, learned senior counsel, appearing for the bci, submitted that it is on the letter of the treasurer of the society of the bci to the chief minister dated 03.05.1985 that the state of karnataka thought it was necessary to encourage the endeavours of the bci for setting up of the respondent/law school which is a national-level ..... . :- the national law school of india society national law school of india central college building bangalore 560 001 nlsi/29/1985 may 3, 1985 v.r.reddy treasurer, national law school of india society dear sir, as you are aware, the national law school of india proposed to be established in bangalore is conceived by the bar council of india as an autonomous body with the status of a .....

Bar Council Of India Vs. State Of Karnataka

Court : Karnataka

..... . (3) the impugned amendment in sub-section (3) of section 4 of the act is contrary to the scheme of the act and powers vested in the authorities recognized under the act which makes the respondent/law school an autonomous and independent body free from state s ..... the national law school of india society, has requested the state government to establish the national law school of india university on the lines of the said rules to enable it to carry out its objects and functions effectively; and whereas it is considered necessary to encourage the establishment of such a national level institution in the state of karnataka; and whereas it is deemed expedient to establish national law school of india university for the purposes hereinafter appearing; be it enacted by ..... . sri.banerjee, learned senior counsel, appearing for the bci, submitted that it is on the letter of the treasurer of the society of the bci to the chief minister dated 03.05.1985 that the state of karnataka thought it was necessary to encourage the endeavours of the bci for setting up of the respondent/law school which is a national-level ..... . :- the national law school of india society national law school of india central college building bangalore 560 001 nlsi/29/1985 may 3, 1985 v.r.reddy treasurer, national law school of india society dear sir, as you are aware, the national law school of india proposed to be established in bangalore is conceived by the bar council of india as an autonomous body with the status of a .....

Mr Satyajit Sarna Vs. State Of Karnataka

Court : Karnataka

..... . (3) the impugned amendment in sub-section (3) of section 4 of the act is contrary to the scheme of the act and powers vested in the authorities recognized under the act which makes the respondent/law school an autonomous and independent body free from state s ..... the national law school of india society, has requested the state government to establish the national law school of india university on the lines of the said rules to enable it to carry out its objects and functions effectively; and whereas it is considered necessary to encourage the establishment of such a national level institution in the state of karnataka; and whereas it is deemed expedient to establish national law school of india university for the purposes hereinafter appearing; be it enacted by ..... . sri.banerjee, learned senior counsel, appearing for the bci, submitted that it is on the letter of the treasurer of the society of the bci to the chief minister dated 03.05.1985 that the state of karnataka thought it was necessary to encourage the endeavours of the bci for setting up of the respondent/law school which is a national-level ..... . :- the national law school of india society national law school of india central college building bangalore 560 001 nlsi/29/1985 may 3, 1985 v.r.reddy treasurer, national law school of india society dear sir, as you are aware, the national law school of india proposed to be established in bangalore is conceived by the bar council of india as an autonomous body with the status of a .....

Shakuntala Vs. The State Of Karnataka

Court : Supreme Court of India

..... on information given in writing by any person or suo motu, and after such enquiry as he deems necessary, the assistant commissioner is satisfied that the transfer of any granted land is null and void under section 4(1) of the act of 1978, he may, by order, take possession of such land after evicting all persons in possession thereof, in such manner as may be prescribed, and restore such land to the original grantee or his legal heir. ..... state of karnataka and another [(2020) 14 scc232, this court noted that section 4 of the act of 1978 did not prescribe the period within which an application thereunder could be made nor did it prescribe the period within which suo motu action could be taken, but held that an application for resumption of land under sections 4 and 5 of the act of 1978 made after a delay of 25 years would be barred and no annulment of the transfer ..... , learned senior counsel, is that the long delay on the part of respondent no.5 in initiating proceedings under section 4 of the act of 1978 should be deemed fatal, as more than 43 years had 4 passed by and the land had ..... passed therein, the sub-divisional officer held that the original grant was made under the depressed class rules in favour of somalanayak, who belonged to a scheduled caste, and it was therefore covered by the prohibitory mandate of section 4 of the act of 1978. ..... this grant was made under the depressed class rules in the land revenue code with an express condition that the land should not be alienated for .....