Court : Karnataka
..... dated1805.2011 18.03.2015 17.11.2015 21.10.2016 section 7 provides as while the process of these guidelines detail a amendments to guidelines the central government follows: amendment of the comprehensive review of by adding a second has amended guidelines works of defence the guidelines dated proviso under para 1(b) of issued under circular after publication of the act, 1903 has been put 18.05.2011 so as to circular of even number dated 18.05.2011 read notice as ..... are therefore of the view that the order made by the state in exercise of the authority conferred by section 3(1)(b) of the 30 madhya pradesh public security act 25 of 1959 was invalid and for the acts done to the prejudice of the respondent after the declaration of emergency under article 352 no immunity from the process of the court could be claimed under article ..... regards proposed buildings in vicinity of the defence establishments under the guidelines on one hand and the works of defence act on the other are detailed as per the comparative table hereinbelow:- the works of guidelines for guidelines for guidelines for guidelines for defence act,1903 issuance of noc issuance of noc for issuance of noc for issuance of noc for for building building ..... contended that the guidelines referred to above collectively being in the nature of internal communication between the ministry of defence and the chief of army staff, chief of navy staff and the chief of air force staff cannot be interpreted to be an executive instruction. .....
Tag this Judgment!Court : Karnataka
..... 8 (c) the above having been said, one has to hasten to add that the waqf act, 1995 repealed the waqf act 1954 and the waqf (amendment) act, 1984; presumably, in view of this legislative development, the karnataka act no.22 of 1999 was enacted for correspondingly amending the 1974 act so that the subject matter of eviction from waqf properties continued to be governed by the state act only; this is not the end of the story, inasmuch as the parliament enacted act 27 of 2013 w.e.f. ..... sugra humayum mirza wakf, air2010sc2897 in the light of dhulabhai supra; however, it was a case that arose under pre-2013 amendment to the 1995 act; though it does come to the aid in treating the question raised in these petitions, but not much. ..... a co-ordinate bench of this court having analyzed the provisions of 1974 act vis-a-vis un-amended sections 83 & 85 of the 1995 act, held that the waqf tribunal had no jurisdiction to treat in appeal the matters arising under 9 the 1974 act though they related to the waqf properties vide darga hazarat ataulla shah and nabhi shah (bada makhan), bangalore vs. ..... , 01.11.2013 and therefore, the proceedings instituted anterior to the said date would continue under the 1974 act itself; it hardly needs to be mentioned that the proceedings instituted prior to 2013 amendment though concluded subsequently do not stand re-opened, there being no statutory indication to the contra. .....
Tag this Judgment!Court : Karnataka
..... 8 (c) the above having been said, one has to hasten to add that the waqf act, 1995 repealed the waqf act 1954 and the waqf (amendment) act, 1984; presumably, in view of this legislative development, the karnataka act no.22 of 1999 was enacted for correspondingly amending the 1974 act so that the subject matter of eviction from waqf properties continued to be governed by the state act only; this is not the end of the story, inasmuch as the parliament enacted act 27 of 2013 w.e.f. ..... sugra humayum mirza wakf, air2010sc2897 in the light of dhulabhai supra; however, it was a case that arose under pre-2013 amendment to the 1995 act; though it does come to the aid in treating the question raised in these petitions, but not much. ..... a co-ordinate bench of this court having analyzed the provisions of 1974 act vis-a-vis un-amended sections 83 & 85 of the 1995 act, held that the waqf tribunal had no jurisdiction to treat in appeal the matters arising under 9 the 1974 act though they related to the waqf properties vide darga hazarat ataulla shah and nabhi shah (bada makhan), bangalore vs. ..... , 01.11.2013 and therefore, the proceedings instituted anterior to the said date would continue under the 1974 act itself; it hardly needs to be mentioned that the proceedings instituted prior to 2013 amendment though concluded subsequently do not stand re-opened, there being no statutory indication to the contra. .....
Tag this Judgment!Court : Karnataka
..... 8 (c) the above having been said, one has to hasten to add that the waqf act, 1995 repealed the waqf act 1954 and the waqf (amendment) act, 1984; presumably, in view of this legislative development, the karnataka act no.22 of 1999 was enacted for correspondingly amending the 1974 act so that the subject matter of eviction from waqf properties continued to be governed by the state act only; this is not the end of the story, inasmuch as the parliament enacted act 27 of 2013 w.e.f. ..... sugra humayum mirza wakf, air2010sc2897 in the light of dhulabhai supra; however, it was a case that arose under pre-2013 amendment to the 1995 act; though it does come to the aid in treating the question raised in these petitions, but not much. ..... a co-ordinate bench of this court having analyzed the provisions of 1974 act vis-a-vis un-amended sections 83 & 85 of the 1995 act, held that the waqf tribunal had no jurisdiction to treat in appeal the matters arising under 9 the 1974 act though they related to the waqf properties vide darga hazarat ataulla shah and nabhi shah (bada makhan), bangalore vs. ..... , 01.11.2013 and therefore, the proceedings instituted anterior to the said date would continue under the 1974 act itself; it hardly needs to be mentioned that the proceedings instituted prior to 2013 amendment though concluded subsequently do not stand re-opened, there being no statutory indication to the contra. .....
Tag this Judgment!Court : Karnataka
..... 8 (c) the above having been said, one has to hasten to add that the waqf act, 1995 repealed the waqf act 1954 and the waqf (amendment) act, 1984; presumably, in view of this legislative development, the karnataka act no.22 of 1999 was enacted for correspondingly amending the 1974 act so that the subject matter of eviction from waqf properties continued to be governed by the state act only; this is not the end of the story, inasmuch as the parliament enacted act 27 of 2013 w.e.f. ..... sugra humayum mirza wakf, air2010sc2897 in the light of dhulabhai supra; however, it was a case that arose under pre-2013 amendment to the 1995 act; though it does come to the aid in treating the question raised in these petitions, but not much. ..... a co-ordinate bench of this court having analyzed the provisions of 1974 act vis-a-vis un-amended sections 83 & 85 of the 1995 act, held that the waqf tribunal had no jurisdiction to treat in appeal the matters arising under 9 the 1974 act though they related to the waqf properties vide darga hazarat ataulla shah and nabhi shah (bada makhan), bangalore vs. ..... , 01.11.2013 and therefore, the proceedings instituted anterior to the said date would continue under the 1974 act itself; it hardly needs to be mentioned that the proceedings instituted prior to 2013 amendment though concluded subsequently do not stand re-opened, there being no statutory indication to the contra. .....
Tag this Judgment!Court : Karnataka
..... january 2015, the said act of 1957 was amended by incorporating section 10a. ..... pending for grant of lease or licence in the case of non-specified minor minerals before commencement of the karnataka minor mineral concession (amendment) rules, 2016 and for which no objection certificates (nocs) have been received in the department of mines and geology of the concerned district office, from the deputy conservator of forest for all lands, ..... lands, assistant commissioner (revenue) and deputy director or senior geologist (joint inspection report) in case of gomala lands in accordance with the circular no.rd72lgp98 dated 24-2-1999 before commencement of the karnataka minor mineral concession (amendment) rules, 2016 and shall be - 11 - considered and disposed by the state government subject to obtaining no objection certificate (noc) from the deputy commissioner of the concerned district before grant; (d-1) applications received and ..... , 2016 subject to fulfillment of the conditions specified for the same, if any and registration of leases or license deed within a period of (twenty-four months) from the date of commencement of the karnataka minor mineral concession (amendment) rules, 2016: provided that in case of grant of quarrying lease or license covered by clause (b), (c) and (d) of sub- rule (2), the lessee shall pay, in addition to the royalty, an amount which shall be equal to ..... 3(2005) 7 .....
Tag this Judgment!Court : Karnataka
..... january 2015, the said act of 1957 was amended by incorporating section 10a. ..... pending for grant of lease or licence in the case of non-specified minor minerals before commencement of the karnataka minor mineral concession (amendment) rules, 2016 and for which no objection certificates (nocs) have been received in the department of mines and geology of the concerned district office, from the deputy conservator of forest for all lands, ..... lands, assistant commissioner (revenue) and deputy director or senior geologist (joint inspection report) in case of gomala lands in accordance with the circular no.rd72lgp98 dated 24-2-1999 before commencement of the karnataka minor mineral concession (amendment) rules, 2016 and shall be - 11 - considered and disposed by the state government subject to obtaining no objection certificate (noc) from the deputy commissioner of the concerned district before grant; (d-1) applications received and ..... , 2016 subject to fulfillment of the conditions specified for the same, if any and registration of leases or license deed within a period of (twenty-four months) from the date of commencement of the karnataka minor mineral concession (amendment) rules, 2016: provided that in case of grant of quarrying lease or license covered by clause (b), (c) and (d) of sub- rule (2), the lessee shall pay, in addition to the royalty, an amount which shall be equal to ..... 3(2005) 7 .....
Tag this Judgment!Court : Karnataka
..... january 2015, the said act of 1957 was amended by incorporating section 10a. ..... pending for grant of lease or licence in the case of non-specified minor minerals before commencement of the karnataka minor mineral concession (amendment) rules, 2016 and for which no objection certificates (nocs) have been received in the department of mines and geology of the concerned district office, from the deputy conservator of forest for all lands, ..... lands, assistant commissioner (revenue) and deputy director or senior geologist (joint inspection report) in case of gomala lands in accordance with the circular no.rd72lgp98 dated 24-2-1999 before commencement of the karnataka minor mineral concession (amendment) rules, 2016 and shall be - 11 - considered and disposed by the state government subject to obtaining no objection certificate (noc) from the deputy commissioner of the concerned district before grant; (d-1) applications received and ..... , 2016 subject to fulfillment of the conditions specified for the same, if any and registration of leases or license deed within a period of (twenty-four months) from the date of commencement of the karnataka minor mineral concession (amendment) rules, 2016: provided that in case of grant of quarrying lease or license covered by clause (b), (c) and (d) of sub- rule (2), the lessee shall pay, in addition to the royalty, an amount which shall be equal to ..... 3(2005) 7 .....
Tag this Judgment!Court : Karnataka
..... january 2015, the said act of 1957 was amended by incorporating section 10a. ..... pending for grant of lease or licence in the case of non-specified minor minerals before commencement of the karnataka minor mineral concession (amendment) rules, 2016 and for which no objection certificates (nocs) have been received in the department of mines and geology of the concerned district office, from the deputy conservator of forest for all lands, ..... lands, assistant commissioner (revenue) and deputy director or senior geologist (joint inspection report) in case of gomala lands in accordance with the circular no.rd72lgp98 dated 24-2-1999 before commencement of the karnataka minor mineral concession (amendment) rules, 2016 and shall be - 11 - considered and disposed by the state government subject to obtaining no objection certificate (noc) from the deputy commissioner of the concerned district before grant; (d-1) applications received and ..... , 2016 subject to fulfillment of the conditions specified for the same, if any and registration of leases or license deed within a period of (twenty-four months) from the date of commencement of the karnataka minor mineral concession (amendment) rules, 2016: provided that in case of grant of quarrying lease or license covered by clause (b), (c) and (d) of sub- rule (2), the lessee shall pay, in addition to the royalty, an amount which shall be equal to ..... 3(2005) 7 .....
Tag this Judgment!Court : Karnataka
..... january 2015, the said act of 1957 was amended by incorporating section 10a. ..... pending for grant of lease or licence in the case of non-specified minor minerals before commencement of the karnataka minor mineral concession (amendment) rules, 2016 and for which no objection certificates (nocs) have been received in the department of mines and geology of the concerned district office, from the deputy conservator of forest for all lands, ..... lands, assistant commissioner (revenue) and deputy director or senior geologist (joint inspection report) in case of gomala lands in accordance with the circular no.rd72lgp98 dated 24-2-1999 before commencement of the karnataka minor mineral concession (amendment) rules, 2016 and shall be - 11 - considered and disposed by the state government subject to obtaining no objection certificate (noc) from the deputy commissioner of the concerned district before grant; (d-1) applications received and ..... , 2016 subject to fulfillment of the conditions specified for the same, if any and registration of leases or license deed within a period of (twenty-four months) from the date of commencement of the karnataka minor mineral concession (amendment) rules, 2016: provided that in case of grant of quarrying lease or license covered by clause (b), (c) and (d) of sub- rule (2), the lessee shall pay, in addition to the royalty, an amount which shall be equal to ..... 3(2005) 7 .....
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