Court : Karnataka Dharwad
..... remedy is impermissible, has been decided centuries ago vide heydon s case (1584) 76 er637 when asked, learned aag appearing for the official respondents tells us in all fairness that the said circulars are not relatable to any provision of 1997 act; he hastens to add that, although u/s 77, government can issue directions for removal of difficulties, no such direction has been issued, ..... of educational societies and - 11 - wa no.100006 of 2022 accordingly, the respondent-society came to be registered; admittedly, the trust on account of repeal of the 1950 act, could not have conducted any activity; in any event, there was no warrant for the trust nor power with the learned district judge for granting approval to the newly formed ..... act which reads an act to define and amend the law relating to private trusts and trustees ..... (1) save as hereinafter provided in this act, any trustee of an express or constructive trust created or existing for public purpose of a charitable or religious nature may apply by petition to the court, within the local limits ..... this act, any person having interest in any express or constructive trust created or existing for public purpose of a charitable or religious nature may apply by petition to the court within the local limits of whose jurisdiction any substantial part of the subject-matter of the trust is situate to obtain an - 20 - wa no.100006 of 2022 order embodying all or any of the following directions, namely: (1) directing the trustee ..... trustee .....
Tag this Judgment!Court : Karnataka Dharwad
..... and sessions judge, dharwad filed an application under the provisions of sections 3 and 7 of the charitable and religious trust act, 1920 (for short, the act ) read with go no.ekarop shashan-cr-72/2003-04 dated 04.06.2005 seeking declaration that the resolution no.2 dated 24.07.2012 passed in the meeting of the board of trustees/chairman held on 25.07.2012 for a period of five years from 25.07.2012 to 24.04.2017 as legal one and the board ..... the assistant charity commissioner held enquiry no.346/1996 and after recording the statement of the official of the trust passed orders on 10.05.1996, whereby the change report was accepted and necessary directions were issued to ..... though, the learned single judge allowed the writ petition in part, set aside the order passed by the district court holding the respondent as a trustee for five years and further modified the declaration that only the chairman is entitled to a life trustee and held that the chairman smt.laxmibai and the petitioner/the present respondent having been appointed prior to 29.04.1996 were entitled to hold office of a ..... by five judges) reported in (air2005kar377 considering the provisions of articles 226 and 227 of the constitution of india read with section 4 of the high court act, at paragraphs 5, 12 and 13 has held that section 4 of the high court act provides for an intra court appeal only against the order of the learned single judge passed in exercise of its original jurisdiction and against any order passed under .....
Tag this Judgment!Court : Karnataka Dharwad
..... question, therefore, that will have to be considered is which of the lands vest in the state under the provisions of the karnataka land revenue act, 1964 and whether the lands classified as phot kharab would also vest in the state, especially those which were classified as b kharab land ..... . the intent that can be deduced from chapter x of the act is that the state assesses the income that the landowner can possibly earn from the land and this singular factor is made the basis for the determination of the ..... . it is also to be noticed here that under section 80 of the act, land, whether applied for agricultural or other purposes and wherever they may situate, would be liable - 39 - for payment ..... . on the coming into force of the 1964 act, rules were framed, and chapter vi of the karnataka land revenue rules provided for revenue ..... . it is for this precise reason section 67 of the act declares and makes it abundantly clear that all lands which do not belong to an individual would be the property ..... . thus, the substantive provisions of the act primarily provide for an elaborate mechanism to determine the assessments and payment of land revenue by persons ..... . it is to be borne in mind that section 67 of the act does not state or declare even indirectly that lands in respect of which revenue is not payable would stand vested with ..... . in essence, the import of section 67 of the act is that every property which is not the property of any individual or a group of individuals would be the .....
Tag this Judgment!Court : Karnataka Dharwad
..... question, therefore, that will have to be considered is which of the lands vest in the state under the provisions of the karnataka land revenue act, 1964 and whether the lands classified as phot kharab would also vest in the state, especially those which were classified as b kharab land ..... . the intent that can be deduced from chapter x of the act is that the state assesses the income that the landowner can possibly earn from the land and this singular factor is made the basis for the determination of the ..... . it is also to be noticed here that under section 80 of the act, land, whether applied for agricultural or other purposes and wherever they may situate, would be liable - 39 - for payment ..... . on the coming into force of the 1964 act, rules were framed, and chapter vi of the karnataka land revenue rules provided for revenue ..... . it is for this precise reason section 67 of the act declares and makes it abundantly clear that all lands which do not belong to an individual would be the property ..... . thus, the substantive provisions of the act primarily provide for an elaborate mechanism to determine the assessments and payment of land revenue by persons ..... . it is to be borne in mind that section 67 of the act does not state or declare even indirectly that lands in respect of which revenue is not payable would stand vested with ..... . in essence, the import of section 67 of the act is that every property which is not the property of any individual or a group of individuals would be the .....
Tag this Judgment!Court : Karnataka Dharwad
..... (2007) 1 scc64117 (1977) 4 scc47118 (1973) 4 scc225- 29 - wa no.100139 of 2022 c/w wa no.100062/2022 matter has to be examined with reference to the various provisions of the act, its context and set up, the purpose of acquisition has to be culled out therefrom and then it has to be judged whether the acquisition is for a public purpose within the meaning of article 31(2) ..... in other words the question would then arise whether that declaration was merely a colourable exercise of the power conferred by the act, 15 air1963sc151- 28 - wa no.100139 of 2022 c/w wa no.100062/2022 and, therefore, the declaration is open to challenge ..... purpose of rehabilitating project displaced persons on account of submergence is concerned, that essentially is a matter of policy and therefore, so long as the acquisition itself is not shown to be violative of provisions of the act or essentially in colourable exercise of power, it cannot be frowned upon for lack of detailed consideration of the same in the 5-a report. ..... the government is for implementing a mega infrastructural project pursuant to a policy framed embedded with the opinion of experts, court should refrain from acting like a super-accountant and interference with the same should be extremely rare where it is inevitable. ..... (2000) 10 scc664- 14 - wa no.100139 of 2022 c/w wa no.100062/2022 valid law requiring the government to act in a particular manner the court ought not to, without striking down the law, give any direction which is not in .....
Tag this Judgment!Court : Karnataka Dharwad
..... (2007) 1 scc64117 (1977) 4 scc47118 (1973) 4 scc225- 29 - wa no.100139 of 2022 c/w wa no.100062/2022 matter has to be examined with reference to the various provisions of the act, its context and set up, the purpose of acquisition has to be culled out therefrom and then it has to be judged whether the acquisition is for a public purpose within the meaning of article 31(2) ..... in other words the question would then arise whether that declaration was merely a colourable exercise of the power conferred by the act, 15 air1963sc151- 28 - wa no.100139 of 2022 c/w wa no.100062/2022 and, therefore, the declaration is open to challenge ..... purpose of rehabilitating project displaced persons on account of submergence is concerned, that essentially is a matter of policy and therefore, so long as the acquisition itself is not shown to be violative of provisions of the act or essentially in colourable exercise of power, it cannot be frowned upon for lack of detailed consideration of the same in the 5-a report. ..... the government is for implementing a mega infrastructural project pursuant to a policy framed embedded with the opinion of experts, court should refrain from acting like a super-accountant and interference with the same should be extremely rare where it is inevitable. ..... (2000) 10 scc664- 14 - wa no.100139 of 2022 c/w wa no.100062/2022 valid law requiring the government to act in a particular manner the court ought not to, without striking down the law, give any direction which is not in .....
Tag this Judgment!Court : Karnataka Dharwad
..... as to power of the government to have its say in matters relating to affairs of the university: (a) now, let us scan the provisions of 2009 act, which indicate some role to the government as such, and - 17 - wa no.100030 of 2022 c/w wa no.100076 of2022permits participation of its high functionaries ..... the writ petitioners was essentially - 27 - wa no.100030 of 2022 c/w wa no.100076 of2022framed in the light of fact matrix of the case which plainly fell into the precincts of the proviso to section 30 of the act, which provided for appointment as a temporary measure when the recruitment process for regular appointments, was in the air. ..... (b) it is significant to note that these government officials, who become ex officio members of authorities of the universities under various provisions of the statute, act as limbs of the government and not as independent agencies ..... as to construing the government order dated2811.2018: (a) the co-ordination committee formed under section 67(1) of the act in its proceedings dated 11.02.2015 had resolved to constitute a committee of directors of education & registrars of all farm universities in the state for suggesting common guidelines & score card for the purpose ..... kadadevar, advocates for r4 & r5) this writ appeal is filed under section4of the karnataka high court act praying this hon ble court to set aside the order of the learned single judge made in w.p.104236/2021 dated0412.2021 and consequently dismiss the writ petition as devoid of merits, in .....
Tag this Judgment!Court : Karnataka Dharwad
..... as to power of the government to have its say in matters relating to affairs of the university: (a) now, let us scan the provisions of 2009 act, which indicate some role to the government as such, and - 17 - wa no.100030 of 2022 c/w wa no.100076 of2022permits participation of its high functionaries ..... the writ petitioners was essentially - 27 - wa no.100030 of 2022 c/w wa no.100076 of2022framed in the light of fact matrix of the case which plainly fell into the precincts of the proviso to section 30 of the act, which provided for appointment as a temporary measure when the recruitment process for regular appointments, was in the air. ..... (b) it is significant to note that these government officials, who become ex officio members of authorities of the universities under various provisions of the statute, act as limbs of the government and not as independent agencies ..... as to construing the government order dated2811.2018: (a) the co-ordination committee formed under section 67(1) of the act in its proceedings dated 11.02.2015 had resolved to constitute a committee of directors of education & registrars of all farm universities in the state for suggesting common guidelines & score card for the purpose ..... kadadevar, advocates for r4 & r5) this writ appeal is filed under section4of the karnataka high court act praying this hon ble court to set aside the order of the learned single judge made in w.p.104236/2021 dated0412.2021 and consequently dismiss the writ petition as devoid of merits, in .....
Tag this Judgment!Court : Karnataka Dharwad
..... of argument canvassed by the learned counsel for the petitioners is that there is no notification of protected area unless there is a specific declaration in official gazette, the respondent-authorities cannot invoke the provisions of section 19 of the above said act. ..... the impugned notice with a direction to remove the encroachment within 10 days 12 failing which authorities will exercise powers under section 19(2) of the ancient monuments and archaeological sites and remains act, 1958 and would remove the encroachment. ..... this court by contending that 3rd respondent in pursuant to undertaking under section 4 of acquisition act proceeded to issue declaration under section 6(1) of land acquisition act 1894 (for short act ). ..... of the petitioner that the 5th respondent has no authority to counter the same he submits that there is a delegation of power under the act and 5th respondent derives authority under section 2(c) of the ancient monuments and 16 archaeological sites and remains act, 1958. ..... -independence and therefore, the existence of residential houses would not come within the purview of definition of new construction as defined under section 2 d(c) of the ancient monuments and archaeological sites and remains act, 1958. ..... respondent as per annexure-q, q1,q2 to q9 and annexure- r and also for mandamus to direct the respondent to initiate acquisition proceedings as per the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act,2013.2. .....
Tag this Judgment!Court : Karnataka Dharwad
..... of argument canvassed by the learned counsel for the petitioners is that there is no notification of protected area unless there is a specific declaration in official gazette, the respondent-authorities cannot invoke the provisions of section 19 of the above said act. ..... the impugned notice with a direction to remove the encroachment within 10 days 12 failing which authorities will exercise powers under section 19(2) of the ancient monuments and archaeological sites and remains act, 1958 and would remove the encroachment. ..... this court by contending that 3rd respondent in pursuant to undertaking under section 4 of acquisition act proceeded to issue declaration under section 6(1) of land acquisition act 1894 (for short act ). ..... of the petitioner that the 5th respondent has no authority to counter the same he submits that there is a delegation of power under the act and 5th respondent derives authority under section 2(c) of the ancient monuments and 16 archaeological sites and remains act, 1958. ..... -independence and therefore, the existence of residential houses would not come within the purview of definition of new construction as defined under section 2 d(c) of the ancient monuments and archaeological sites and remains act, 1958. ..... respondent as per annexure-q, q1,q2 to q9 and annexure- r and also for mandamus to direct the respondent to initiate acquisition proceedings as per the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act,2013.2. .....
Tag this Judgment!