Court : Karnataka Dharwad
..... and enjoyment of the respective portions of land sought to be acquired and their names having been shown as khatedars/anubhavadars in the notifications issued under section 15 of the kh act, at the time of passing the award, the special land acquisition officer has come to the conclusion that the respective writ petitioners are not entitled to compensation on the sole ground that the portions ..... significantly, the said condition, even if legally valid would merely require the writ petitioners not to oppose or raise any objections in the event of acquisition of the lands for road widening, but certainly would not affect their proprietary or possessory rights over the lands nor their right to claim compensation towards acquisition of the lands, especially when there is ..... activity and would neither affect the right, title, interest or possession of the writ petitioners over the said lands nor their right to receive compensation upon acquisition for road widening and consequently, the said circumstance cannot be relied upon by the appellants to deprive the writ petitioners of their right to claim compensation or defeat their ..... upon the land owners from putting up construction cannot be construed or treated as preventing the land losers from claiming compensation in the event the lands were acquired for road widening; depriving the land owners from claiming compensation in the event of acquisition of their lands falling within no construction zone/road margin would clearly run .....
Tag this Judgment!Court : Karnataka Dharwad
..... be in possession is or is not a tenant of the said land from prior to 1st march 1974; (ii) such court or officer or authority shall stay such suit or proceedings in so far as such question is concerned and refer the same to the tribunal for decision; (iii) all interim orders issued or made by such court, officer or authority, whether in the nature of temporary injunction or appointment of a receiver or otherwise, concerning the land shall stand dissolved or vacated, as the case may be; (iv) the ..... is an institution of religious worship, a person,- - 63 - rsa no.5252/2010 (i) rendering religious service in or maintaining the institution as a pujari, archak or the holder of a similar office by whatever name called, or (ii) rendering any service in such institution, and personally cultivating for a continuous period of not less than three years prior to the first day of march, 1974, by contributing his own physical labour or that of the members of his family and enjoying the benefits of any land comprised ..... in other words, the relinquishment claimed by the defendants is in respect of immovable property for a consideration of rs.500/- which requires to be registered under section 17(1)(b) of indian registration act, 1908 as it purports to create and extinguish right in respect of immovable property by parawwa in favour of parayya. 17.31 ..... the tribunal has been created as a special forum for adjudication of the question of status of a person who claims to be a tenant or kudikidappukaran .....
Tag this Judgment!Court : Karnataka Dharwad
..... and the types of the trees grown and the diminution value as recorded by the district court is not correct and section 10(d) and section 16 of the indian telegraph act, 1885 includes the loss of the crops and trees, if any and also contended that the petitioners are not entitled for diminution value of the lands and all along the petitioners are doing their agricultural operations without any disturbance. ..... line under, over, along, or across, and posts in or upon, any immovable property: provided that (a) the telegraph authority shall not exercise the powers conferred by this section except telegraph established or maintained by the central government, or to be so established or maintained; the purposes of a for (b) the central government shall not acquire any right other than that of user only in the property under, over, along, across in or upon which the telegraph authority ..... the facts of the case, though this court was inclined to enhance the compensation exercising the powers conferred under order xli rule 33 of the code of civil procedure, 1908, but desists from the same for want of proper issue, on the basis of the available pleadings and evidence with regard to the diminution value of the lands and the contention of the power grid corporation, throughout the proceedings, that there ..... aspects firstly providing of annual increase, and secondly, giving some weightage to the special agricultural purpose and the purpose for which the mulberry crop had to be utilized. ..... rubber ..... rubber .....
Tag this Judgment!Court : Karnataka Dharwad
..... to time, place and maintain a telegraph line under, over, along, or across, and posts in or upon, any immovable property: provided that (a) the telegraph authority shall not exercise the powers conferred by this section except for the purposes of a telegraph established or maintained by the central government, or to be so established or maintained; (b) the central government shall not acquire any right other than that of user only in the property under, over ..... into the court of the district judge such amount as he deems sufficient or, where all the disputing parties have in writing admitted the amount tendered to be sufficient or the amount has been determined under sub-section (3), that amount; and the district judge, after giving notice to the parties and hearing such of them as desire to be heard, shall determine the persons entitled to receive the compensation or, as the case ..... the types of the trees grown and the diminution value as recorded by the district court is not correct and section 10(d) and section 16 of the indian telegraph act, 1885 includes the loss of the crops and trees, if any and also contended that the petitioners are not entitled for diminution value of the lands and all along the petitioners are doing their agricultural operations without any disturbance. ..... these aspects firstly providing of annual increase, and secondly, giving some weightage to the special agricultural purpose and the purpose for which the mulberry crop had to be utilized. ..... rubber ..... rubber .....
Tag this Judgment!Court : Karnataka Dharwad
..... the hon ble supreme court in the said case was dealing with a case of consent award under the provisions of section 11 of the old central land acquisition act, 1894 in an acquisition made by the state under the provisions of the karnataka industrial areas development act, 1966 and the land-holders prayed for quashing of the preliminary as well as final notifications of the land acquisition and on the facts of the case, where on account of a family dispute, the petitioners ..... petitioners- appellants before the respondents during the negotiations when the matter was pending before the learned single judge under the interim orders about the construction of fly-overs instead of widening of road for the said hdbrts project, has no merit and once the technical experts and the committee concerned had decided that the hdbrts project could be undertaken only with the widening of the roads to the ..... coming to the judgment relied upon by the learned counsel for the appellants mr.v.b.kulkarni, in the case of the special land acquisition officer, kiadb, mysore and others vs. ..... singrer s/o ramappasingrer age: about32years, occ: the assistant commissioner, special land acquisition officer karnataka road development corporation ltd., r/o. .....
Tag this Judgment!Court : Karnataka Dharwad
..... purposes as specified by the highway administration in the licence issued under sub-section (3) of section 29; (ii) that the specific permission shall be limited for the access to such length of a highway as may be specified in the said licence; (iii) that the person to whom the specific permission is given shall not do or cause to be done in pursuance of the specific permission any act which may cause any damage to highway; (iv) that such person shall not do or cause to be ..... in this scenario, the incursion and excursion to the fuel station would only be by the vehicles which have paid the toll fee, and hence the demand of the petitioner, that the developers are the facilitators, who are the owners of the land abutting the highway want to secure ..... section 3 of the imports and exports (control) act, 1947, uses three different expressions prohibiting , restricting or otherwise controlling , we cannot cut down the amplitude of the word any prohibition in section 111(d) of the act ..... for the purposes of this act, a body or authority consisting of one or more officers of the central government or the state government to be known as highway administration to exercise powers and discharge functions conferred on it under this act; and (b) define the limits of the highway within which, or the length of highway on which, a highway administration shall have jurisdiction: provided that the central government may, in the notification issued under this sub-section or by any general or special .....
Tag this Judgment!Court : Karnataka Dharwad
..... the petitioner assessee, m/s.j.k.cement works, muddapur, mudhol taluk, bagalkot district, karnataka, has filed these revision petitions under section 65 of the karnataka value added tax act, 2003 (for short kvat act ) raising a question of law for consideration by this court, being aggrieved by the order passed by the learned karnataka appellate tribunal, bengaluru, on 03rd september 2013, dismissing the appeals of the assessee in sta nos.2055 to 2057 of 2011 (m/s. ..... backup electricity in the manufacturing process, the court allowed the input tax credit in respect of the tax paid on such speeder system under the provisions of kvat act dealing with section 11(a)(2) and fifth schedule of the kvat act in the following manner: if the goods specified in the fifth schedule to the act are purchased and put to use for the purpose of resale or for manufacture or for the process of other goods for sale, the input-tax credit would be available. ..... cold storage, the question was whether the building with insulated walls used as a freezing chamber, though it is not machinery or part thereof, is part of the air- conditioning plant of the cold storage of the assessee, entitled to special depreciation on its written down value. .....
Tag this Judgment!Court : Karnataka Dharwad
..... must take serious note of complaints with regard to unruly stray dogs by setting up a complaint cell in various zonal offices of the b.b.m.p, and act in accordance with law and also having regard to the observations made herein above, particularly having regard to section 11 of 1960 act read with rules 9 and 10 of the abc rules 2001 in the matter of culling of stray dogs; (7) having regard to the interpretation given ..... case may be, must take serious note of complaints with regard to unruly stray dogs by setting up a complaint cell and act in accordance with law and also having regard to the observations made herein above, particularly having regard to section 11 of 1960 act read with rules 9 and 10 of the abc rules 2001 in the matter of culling of stray dogs; - 28 - ..... vide its order dated 25.07.2018 has held that it was the duty of the state government to implement the provisions of the prevention of cruelty to animals act, 1960, the prevention of cruelty to animals (establishment and regulation of societies for prevention of cruelty to animals) - 13 - wp no.110352 of 2019 rules, 2001, the animal birth control (dogs) rules, 2001 as also the prevention of cruelty to animals ( ..... the compensation which has been sought for is a public law remedy under article 226 of the constitution of india and as such, the principles of section 72 and 73 of the indian contract act would not be strictly applicable, since the liability imposed is on account of default in implementation of the statutory .....
Tag this Judgment!Court : Karnataka Dharwad
..... challenging the order passed by the itat (c) bench, bengaluru in ita no.1844 / bang / 2013 of the assessment year 2006-07, the tribunal having carefully examined the notice issued as under section 274 read with section 271(1)(c) of the act, then the tribunal finds that the notice was issued on a printed proforma in which the ao did not identify whether the assessee has concealed particulars of income or furnished inaccurate particulars of ..... said question which is already reproduced above, has been framed keeping in view the provisions of sub section (1) section 37, which has the following text: any expenditure (not being expenditure of the nature described in section 30 to 36 and not being in the nature of capital expenditure or personal expenses of the assessee) laid out or expended wholly and exclusively for the purpose 64 of the business or profession shall be allowed in computing the income chargeable under ..... , reported in (2019) 105 taxmann.com 278 (sc), wherein it is held that section 145 read with section 271(1)(c) of the income tax act, 1961, the method of accounting valuation of stock penalty for the assessment year 2008- 09 in course of assessment, the assessing officer made addition to assessee s income on account of the alleged excess stock which came up as a result of purchases made outside ..... judgment of this court in ita no.616/2015, dated 28.07.2016, the revenue has filed a special leave petition before the hon ble apex court, the same is pending adjudication.15. .....
Tag this Judgment!Court : Karnataka Dharwad
..... sub-section(7) of section 149 of the 1988 act clearly indicates in what manner sub-section (2) of section 149 has to be interpreted sub-section(7) of section 149 provides that no insurer to whom the notice referred to in sub section(2), or sub-section(3) has been given shall be entitled to avoid his liability to any person entitled to the benefit of any such judgment or award as is referred to in sub-section(1) or in such judgment as is referred to in sub-section(3) otherwise than in the manner provided for in sub-section(2) or in the corresponding law of the reciprocating country, as the case ..... law as laid down by the apex court in the cases referred to above, we are of the considered opinion that even if the insurance company is not liable, yet, having regard to the object of the motor insurance company act and the victims being the third parties, the insurance company, though not liable, 23 has to pay the compensation awarded to the claimants and the course open to it is to initiate proceedings against the insured ..... . shall always carry with him his driving licence; certificate of registration, certificate of taxation and certificate of insurance of the vehicle and in case of transport vehicle the permit and fitness certificate, also ..... contents of the petition, contended that the vehicle was insured with respondent no.2 and the policy was in force as on the date of the accident and the driver was holding a valid and effective driving licence as on the date of the accident. .....
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