Court : Karnataka Dharwad
..... w.p.nos.138914/2020 & 146578/2020 (2) notwithstanding anything contained in the forest (conservation) act, 1980 (69 of 1980), the central government shall provide for diversion of forest land for the following facilities managed by the government which involve felling of trees not exceeding seventy-five trees per hectare, namely: (a) schools; (b) dispensary or hospital; (c) anganwadis; (d) fair price shops; (e) electric and telecommunication lines; (f) tanks and other minor water ..... training centres; (l) roads; and (m) community centres: provided that such diversion of forest land shall be allowed only if, (i) the forest land to be diverted for the purposes mentioned in this sub-section is less than one hectare in each case; and ..... bodies; (g) drinking water supply and water pipelines; (h) water or rain water harvesting structures; (i) minor irrigation canals; (j) non-conventional source of energy; (k) skill upgradation or vocational .....
Tag this Judgment!Court : Karnataka Dharwad
..... w.p.nos.138914/2020 & 146578/2020 (2) notwithstanding anything contained in the forest (conservation) act, 1980 (69 of 1980), the central government shall provide for diversion of forest land for the following facilities managed by the government which involve felling of trees not exceeding seventy-five trees per hectare, namely: (a) schools; (b) dispensary or hospital; (c) anganwadis; (d) fair price shops; (e) electric and telecommunication lines; (f) tanks and other minor water ..... training centres; (l) roads; and (m) community centres: provided that such diversion of forest land shall be allowed only if, (i) the forest land to be diverted for the purposes mentioned in this sub-section is less than one hectare in each case; and ..... bodies; (g) drinking water supply and water pipelines; (h) water or rain water harvesting structures; (i) minor irrigation canals; (j) non-conventional source of energy; (k) skill upgradation or vocational .....
Tag this Judgment!Court : Karnataka Dharwad
..... w.p.nos.138914/2020 & 146578/2020 (2) notwithstanding anything contained in the forest (conservation) act, 1980 (69 of 1980), the central government shall provide for diversion of forest land for the following facilities managed by the government which involve felling of trees not exceeding seventy-five trees per hectare, namely: (a) schools; (b) dispensary or hospital; (c) anganwadis; (d) fair price shops; (e) electric and telecommunication lines; (f) tanks and other minor water ..... training centres; (l) roads; and (m) community centres: provided that such diversion of forest land shall be allowed only if, (i) the forest land to be diverted for the purposes mentioned in this sub-section is less than one hectare in each case; and ..... bodies; (g) drinking water supply and water pipelines; (h) water or rain water harvesting structures; (i) minor irrigation canals; (j) non-conventional source of energy; (k) skill upgradation or vocational .....
Tag this Judgment!Court : Karnataka Dharwad
..... the fact that the apex court has expressed in its order dated 24.3.2015 that the act would be in force, till the disposal of the appeal pending before it is not with reference to the 2011 or the 2012 amendment acts, but is with reference to act 33 of 2001. ..... reproduced below are the provisions of the act, which came in for direct consideration by the division bench of this court in shri sahasra lingeshwara case, in holding the same to be unconstitutional, as found in their unamended form and as amended by the 2011 and 2012 amendments, in column 1, 2 and 3, respectively, in a tabular form: section as under the karnataka hindu religious institutions and charitable endowments act, 1997 (karnataka act 33 of 2001)section as amended vide act no. ..... though the state has now chosen to delete the offending clause (ii) of sub-section (4) of section 1 of act 33 of 2001, which expressly indicated the non-application of the act to any hindu religious institution or charitable endowment managed by a hindu religious denomination, - the state has chosen to define a hindu religious denomination under section 2(16) of act no. ..... no facts are stated, and no instances where the authorities under the principal act 2001 have failed to decide the alleged complicated questions of law ?. ..... 33/2001), the said section which was inserted in the principal act with the amendments brought about by the 2011 amendment act has now been omitted from the statute book by the karnataka act no. .....
Tag this Judgment!Court : Karnataka Dharwad
..... act of favoritism in favour of the companies whose name figured in the notifications issued under section 3 and 28 of the act; that any land acquired to be developed by the board has to be distributed only under section 32 of the act; that the land acquired by the state government either under the provisions of the act or otherwise has to be placed at the disposal of the board for achieving the purpose of the act and thereupon the land can be applied for the user for which it is so developed; that the board has framed regulations under the provisions of section 41 of the act and laws at the disposal of the board ..... it is in the wake of such awareness for conservation, enactments such as the environment [protection] act, 1986 and its allied legislations such as air [prevention and control of pollution] act, 1981. ..... ramanatha aiyars law lexicon, ii edition, 2001, reprint at page 627 as the right of the state or sovereign to its or his own property is absolute while that of the subject or citizen to his property is only paramount. ..... providing local employment:- the company shall provide employment to local persons in the unit as per para 8.6 of the industrial policy 2001-06. ..... incentives and concessions:- incentives and concessions as per new industrial policy 2001 06, as modified. .....
Tag this Judgment!Court : Karnataka Dharwad
..... while dealing with the said question, the division bench in the case of murugarajendra, has observed that the order of the appellate authority passed under section 136(2) of the act shall be final; since the decision to be rendered by the appellate authority under section 136(2)of the act is final, the revision does not lie and the revision would lie to the deputy commissioner only against the orders made under sections 127 and 129 of the act and not against the order passed under section 136(2) of the act. ..... , chickmagalur and others, 2001 (1) kccr sn 34, justice k sreedhar rao, has held that the revisional jurisdiction is purely a discretionary, and irrespective of the nature and source of information, the deputy commissioner can take cognizance of such information and can find out the legality of the proceedings or order and it would not debar any person who is a party to the proceedings as interested in the dispute to bring to the notice of the deputy commissioner about the legality. 10. ..... by the time, the suit is decided or appeal from the decision of the suit is decided, the litigant would have spent lot of money, energy and time. .....
Tag this Judgment!Court : Karnataka Dharwad
..... that the total land acquired in three districts is about 5,899 acres and the dispute in the present petitions is only in respect of 37 acres 21 guntas and the impugned notification was issued under the provisions of the new act and the petitioners and others whose lands have been acquired under the impugned notifications are entitled to the compensation on par with the compensation awarded for the land users under the new land acquisition act, 2013 and acquisition being made in the larger interest of the farmers including the ..... the question for consideration is whether in the circumstances of the case it could be said that on account of the mere delay of nearly one year in the publication of the declaration it could be said that the order made by the state government dispensing with the compliance with section 5-a of the act at the time of the publication of the notification under section 4(1) of the act would stand vitiated in the absence of any other material. ..... in compliance of the notification dated 1012-2001 issued under section 28(1) of the act, the petitioner did not file his objections initially, but subsequently filed it and the same has been considered. .....
Tag this Judgment!Court : Karnataka Dharwad
..... resumed under the provisions of this act shall subject to the provisions of section 4a be re-granted to the holder of the watan to it appertained, on payment of the occupancy price equal to twelve times the amount of the full assessment of such land within 5 years from the date of coming into force of the act and the holder shall be deemed to be an occupancy within the meaning of the code in respect of such land and shall be liable to pay land revenue to the state government in accordance with the provisions of the code and the rules made thereunder; all the provisions of the code ..... and rules relating to unalienated land shall, subject to the provisions of this act ..... this appeal was admitted on 6.12.2001 to consider the following substantial questions of law : - 1. ..... (prayer: this rsa is filed under section 100 of cpc against the judgment and decree dated 31.07.2001 passed in r.a no.55/95 on the file of the 1st addl. .....
Tag this Judgment!Court : Karnataka Dharwad
..... vidya iyer, learned counsel appearing for the appellant/wife assailing the impugned judgment submits, subsequent to the marriage, the wife cohabited with the husband only for three months; admitting for a while the entire medical evidence on record as true and correct, then also the husband failed to make out a case of incurable mental disorder, which is the basic requirement of section 13(1)(iii) of the act. ..... in the case on hand, alleged acts of cruelty that reflected during the limited cohabitation of the couple since perceived by the husband as a result of incurable mental disorder of the wife, entire weight is on the ground of divorce contemplated under section 13(1)(iii) of the act. ..... the apex court in an identical situation in the matter of pankaj mahajan -vs- dimple alias kajal reported in (2011) 12 scc 1 held that, the acts of the wife amount to cruelty as to create reasonable apprehension in the mind of the husband that it would be harmful or injurious for him to lead life with her, thereby dissolved the marriage with a decree of divorce in favour of the aggrieved ..... counsel while placing her reliance on the judgment of the apex court in the matter of kollam chandra sekhar -vs- kollam padma latha reported in (2014) 1 scc 225 submits that the husband has failed to prove the existence of serious mental disorder, which would come in the way of the couple leading a normal marital life. ..... recovered gradually with the love and care of his divorced wife whom he remarried in 2001. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the hon'ble apex court in the case of state of tamil nadu vs state of kerala reported in air 2014 sc 2407 while examining the constitutionality of kerala irrigation and water conservation (amendment) act, 2006 and declaring it as unconstitutional in its application to and effect on the mullaperiar dam was also examining the separation of powers between legislature, executive and judiciary and held that even without express provision of the separation of powers, the doctrine of separation of powers is an enshrined principle embodied in the constitution of india. ..... /2001, 871/2004, 19431/2005 and 5145/2007 and upholding the contention of the petitioners that the triple benefit scheme rules and the government orders are not inconsonance with section 87 of the karnataka education act, 1983 thereby rejecting the government's contention that as per tbs rules only the service rendered in aided institutions be considered for qualifying service, the hon'ble high court on 13.10.2006 and 12.12.2007 allowed the writ petitions by directing reckoning of the service from initial appointment on the .....
Tag this Judgment!