Court : Karnataka
Reported in : ILR2005KAR3710; 2005(4)KarLJ481
..... bda has no jurisdiction to frame developmental scheme in bangalore metropolitan area but either the metropolitan planning committee or district planning committee is competent to do so under the provisions of kmc act;(iii) (a) the state government is directed to take immediate steps to issue notification through the governor specifying metropolitan planning area under section 503-b of kmc act read with articles 243-p(c) and 243-ze of the constitution and to constitute either metropolitan planning committee or district planning committee under section 310 of the karnataka panchayat raj act read with article 243-zd of constitution as they have to frame the developmental schemes;(b) in the ..... till very recently it was the opinion of the courts that unless the authority concerned was required by the law under which it functioned to act judicially there was no room for the application of the rules of natural justice. ..... state of maharashtra and ors. ..... women and child development'.in pursuance to the powers given to the state legislature to enact laws the haryana legislature enacted the haryana panchayat raj act, 1994 (haryana act no. ..... 11 of 1994). ..... , : (1994)iillj1220sc ;8. .....
Tag this Judgment!Court : Karnataka
Reported in : 2007(5)KarLJ393; ILR2007(3)Kar3755; 2007(5)AIRKarR257; AIR2007NOC2234
..... sub-committee, the government passed the impugned order at annexure-a dated 22/2/1997, the operative portion of which is extracted hereunder:in the background of the details enumerated in the preamble it is ordered that karnataka state road transport corporation is bifurcated as under:1) bangalore transport company;2) corporation for 4 districts of dharwad, karwar, belgaum and bijapur districts.3) corporation for bidar, gulberga raichur and bellary districts.4) corporation for the remaining districts of old mysore and the ..... section referred to as the parent corporation) is satisfied that it is expedient or necessary so to do for the more efficient discharge of its functions under this act, it may, with the concurrence of the state government and the central government, frame by notification in the official gazette a scheme or schemes providing for the establishment of one or more subsidiary corporations. ..... for us to spell out in greater detail the emergence of a new branch of administrative law in relation to the national plan and the public sector of the economy. ..... counsel for the petitioners has rightly relied upon the constitutional bench decision of the apex court reported in : (1981 ..... -b2 dated 29/3/1997 bangalore metropolitan transport corporation was established for ..... committee submitted its report on 13/5/1994 inter-alia recommending for bifurcation of ksrtc with bangalore transport service (bts) as its subsidiary corporation and to establish two more corporations at hubli and .....
Tag this Judgment!Court : Karnataka
..... 35 of 1994 with effect from 01.06.1994 and provisions such as section 503-a providing for preparation of development plan, and section 503-b providing for constitution of metropolitan planning committees, are introduced.12 ..... speak about preparation of development plan and constitution of metropolitan planning committees, respectively. ..... of municipalities, etc.subject to the provisions of this constitution, the legislature of a state may, by law, endow-(a) the municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon municipalities, subject to such conditions as may be specified therein, with respect to-(i) the preparation of plans for economic development and social justice;(ii) the performance of junctions and the implementation of schemes as may be entrusted ..... as regards the contention urged by the petitioner that notification issued as per annexure-a does not even contain brief description of lands and therefore it does not specify the requirement of law as contained under sub-section (2) of section 3a of the act, it is seen from the impugned notifications annexure-a that the details of, the name of the district; taluk; village; survey number; type of land; nature of land; and area in square metres proposed to be acquired arc clearly mentioned. ..... of maharashtra and ors. ..... state of maharashtra : 1984 (2) scc 292 (para 4);(ii) .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2001Kant257; 2002(1)KarLJ130
..... company would submit a note, inter alia, containing details of plan/non-plan support provided by the goi to them to the board/secured creditors; (iv) goi would submit the report of the committee to the board within 2 weeks; (v) the company might, if they so desired, submit a separate application seeking permission for sale of discarded equipment and machinery giving all details of descended assets upto 31-3-1998 along with ..... writ quashing the order dated 12-6-2000 passed by the bifr and aaifr and also to direct government of india to reconsider the matter and to see that the bharat gold mines limited is not wound up and the mines is revived and to pass such order bearing in mind the provisions of articles 14, 21, 41, 42and 43 of the constitution of india and the provisions of the sick industrial companies (special provisions) act, 1985 ('the act of 1985' for short).4. in w.p. ..... acts like sick industrial companies (special provisions) act, 1985 is to resuscitate, revive and rehabilitate potentially viable industries and to suggest ameliorative and respiratory measures' -- state industrial and investment corporation of maharashtra ..... south ends up in the chittoor district in andhra pradesh and partly in the krishnagiri district of tamil nadu, whereas its northern ..... standing committee on industry submitted its seventh report on 30-3-1994 after considering the concrete proposals for development and exploration ..... it with immediate effect to enable it to function as a commercial venture. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2007(1)KAR1034; 2007(2)KCCRSN97; 2007(3)AIRKarR71(DB)
..... sites in favour of its members, (i) the deputy commissioner may make available the land belonging to the government for grant of house sites to site less persons under any scheme to be framed by the government; (ii) that the committee constituted under the scheme shall select the beneficiaries and send the list to the tahsildar and (iii) house sites shall be granted to such beneficiaries subject to such restrictions ..... the state government in pursuant to the order of the apex court referred to supra represented by the principal secretary and under secretary vide order dated 6/8/2002 directed the deputy commissioner of urban district, bangalore to take possession of 14 sites in the layout in question and to hand over the same to the inamdars and other legal representatives of the original inamdars who are the owners of the lands in question. ..... in support of this contention he relied upon the layout plan approved by the bda after collecting requisite charges under the provisions of the b.d.a act of 1976. ..... metropolitan and ors. v. ..... martho), : [1996]1scr293 (state of maharashtra v. ..... in support of the above legal submission the learned counsel has strongly relied upon the following decisions of the apex court:air 1994 sc 340, para 6 (kiran singh and ors. v. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR3139; 1995(6)KarLJ476
..... and true to the duties of their office and to function without fear or favour, affection or ill-will and act only to uphold the constitution and ..... shall enter the land till revocation of the authority or completion of the layout work which ever is earlier to do the following acts.a) to arrange for preparation of layout plan within 7 months from the date of this agreement.b) to obtain approval of the said plan from the bangalore development authority within 8 months from the date of this agreement.c) to get permission from bangalore development authority for ..... the government of karnataka.whereas in the meantime the first party received certain offers for undertaking the time bound formation of its private layout and that the said offers were considered by the managing committee of the first party at its meeting held on 20.10.1986.whereas the second party's offer dated 18.8.1985 was found to be more competitive ..... an agreement with the middlemen known as devatha builders on 11.12.1988 and the terms and conditions have been entered extracted in para 13 of the petition, the petitioner also states about the audit report for the period 1991 to 1994 where adverse comments are made about the payment made to devatha ..... of these lands and by communication dated 30.8.1985 sent by the government to the special deputy commissioner, bangalore district, steps have been ..... court and ultimately came to be decided in 1991 (ilr 1991 kar 2248) and as such the principle laid down in state of maharashtra v .....
Tag this Judgment!Court : Karnataka
..... reads as hereunder:government of karnataka is fully committed for the conservation of elephants and other wildlife and proposes a time bound action plan as per the directions of the hon'ble supreme court and the recommendations of the various committees constituted to study the problem.government of karnataka has duly implemented the directions of the hon'ble supreme court some of which are listed below:constitution of wildlife advisory board - government of karnataka has in the recent years ..... months from the declaration of any area as a sanctuary, every person residing in or within ten kilometres of any such sanctuary and holding a licence granted under the arms act, 1959 (54 of 1959), for the possession of arms or exempted from the provisions of that act and possessing arms, shall apply in such form, on payment of such fee and within such time as may be prescribed, to the chief wildlife .warden or the authorised officer, for the registration of his ..... immunised during the last 4 years.registration of weapons - during the last couple of years the district administration and local forest officers are forwarding letters seeking permission of the chief wildlife warden for issuing of weapons ..... -diversity is not only vital for the proper functioning of the eco-system but also for the very ..... -maharashtra, goa, karnataka, kerala, tamllnadu and ..... 1994, bnhs report) though some of these plant species may also regenerate strongly in the longer term even at high elephant densities (data from plots .....
Tag this Judgment!Court : Karnataka
..... in balajit kaur and deddappas case after holding that the insurance company is not liable by virtue of they making out a case under section 149(2) of the act, still in exercise of their power under article 142 of the constitution they directed the insurance company to pay the third party and recover the same from the ..... . the courts are warned that they are not entitled to usurp legislative function under the disguise of interpretation and that they must avoid the danger of an apriori determination of the meaning of a provision based on their own preconceived notions of ideological structure or scheme into which the provisions to be interpreted is ..... . when the law is certain, it enables the insurance industry to restructure their insurance plans so as to absorb this liability, by fixing appropriate premiums so that this liability is shared by the body of insured and the liability would not fall on any one insured, who has committed the breach of the terms of the policy, which is the golden rule underlying this concept of ..... act against the judgment and award dated 7.10.2006 passed in mvc no.5667/2005 on the file of the xii addl.judge, court of small causes, member, mact, metropolitan area, bangalore (scch no.8) awarding a compensation of rs.29,310/- with interest @ ..... it is thereafter, manifest that in spite of the amendment of 1994, the effect of the provision contained in section 147 with respect to persons other than the owner of the goods or his authorized representative remains .....
Tag this Judgment!Court : Karnataka
..... and 227 of the constitution of india, praying for the following reliefs:(i) to issue a writ of certiorari and quash the complaint dated 22.8.2011 filed by the 3rd respondent/superintendent of police, karnataka lokayukta, bangalore, against him for the offences under sections 7, 8, 9 and 13(1)(d) r/w section 13(2) of prevention of corruption act, 1988, at annexure-a;(ii) to issue a writ of certiorari and ..... in proceedings before disciplinary committee and that an appeal lay against the councils decision before high court, ..... and communicate such decision to the applicant, who on receipt of the communication from the state government, the applicant shall submit a mining plan to the central government for its approval; the applicant shall submit the mining plan ..... and terms of reference to the commission under section 3 of the commissions of inquiry act, 1952 and the reference of actions to the lokayukta under section 7(2a) of the kl act are one and the same, except clause (g).the background for reference/action is as under:(i) the spurt in the international prices of steel and iron ore during last 3-4 years has made the mining and export of high quality iron ore from the mining in bellary, tumkur and chitradurga districts ..... act, has jurisdiction and authority to inquire into any definite matter of public importance and to perform such function and ..... maharashtra ..... 1994 kar 3595) on the point that under section 9(3)(a) of the k l act, a copy of the complaint shall be forwarded to the public servant and .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2006KAR318; 2006(1)KarLJ1
..... and after looking into the files of bda and government, has held that in view of the amendment to the constitution of india by the constitution (seventy-fourth amendment) act, 1992, part ix-a and in particular and definition of metropolitan area defined in article 243-p(c), article 243-r relating to composition of municipalities and corresponding amendment carried out to the karnataka municipal corporations act by inserting section 503-b which provides for constitution of metropolitan planning committee and the effect of articles 243-ze and ..... the municipalities with such powers and responsibilities subject to such conditions as specified therein, with respect to the preparation of plans for economic development and social justice and with respect to performance of functions and implementation of schemes as may ..... that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the ..... act 35 of 1994 and act 36 of 1994, the km act and the kmc act, have been amended to bring them in conformity with the provisions contained in part ix-a of the constitution ..... maharashtra : [1966]3scr885 , it was held that it is true that these residential and industrial sites will be ultimately allotted to member of the public and they would get individual benefit, but it is in the interest of the general community that these member of the public should be able to have sites to put up residential houses and .....
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