Court : Karnataka Dharwad
..... and section 487 of karnataka municipal corporations act, and the said application was also dismissed, against which the criminal revision petition was preferred before the district and sessions court at dharwad; the revision petition also came to be dismissed. ..... and section 487 of karnataka municipal corporation act, 1976 and the respondents opposed the said application by filing their objection statement; after hearing the said application, the learned magistrate dismissed the said application. 8. ..... the main contention of the petitioners herein that petitioner nos.1 and 2 being the public servants working in hubballi-dharwad municipal corporation, the issuance of cheque is in discharge of their day-to-day functions of the said corporation, and their acts are protected under section 197 of cr.p.c. ..... and section 487 of karnataka municipal corporations act, 1976, and the complainants opposed the said application; the learned magistrate passed a considered order dated 18.06.2012 and rejected the said application. ..... and 487 of karnataka municipal corporations act, was challenged and the revisional court rejected the said revision petition. ..... and 487 karnataka municipal corporation act before the trial court in c.c.no.137/2007. ..... extract of section 499 of the karnataka municipal corporation act; viii. ..... extract of section 487 of the karnataka municipal corporation act; vii. .....
Tag this Judgment!Court : Karnataka Dharwad
..... whether the 1st appellate court has committed a serious error in allowing the appeal and remanding the matter to the trial court contrary to the provisions of section 112 of the limitation act and section 118(2) of the karnataka municipalities act, 1964 and thus, the judgment of the 1st appellate court is perverse and illegal?. 5 ..... the interpretation of the words state government and local authorities as done by the first appellate court is not based on the other relevant provisions found in karnataka municipalities act, 1964 and hence, the order of remand needs to be set aside and the judgment of the trial court will have to be confirmed ..... from this, section 72 (1) of karnataka municipalities act, 1964, speaks about the competency of municipal council to lease, sell and contract its properties, but the said competency is subject to the conditions and restrictions contained in sub-sections (2) to (9) of section 72 of the said act. ..... a plain reading of sub section 2 of section 81 of the karnataka municipalities act, though a property belongs to the municipality, it is held by the municipality as a trustee. ..... municipal council is defined under sub section (14) of section 2 of karnataka municipalities act, 1964, which means, the council of a town or city (municipal area) established under this act ..... iv of karnataka municipalities act, 1964 deals about the municipal property and fund. ..... karnataka municipalities act, 1964 is a special local legislation and it prevails over the general law .....
Tag this Judgment!Court : Karnataka Dharwad
..... khc-d:9684 wp no.102318 of 2016 this petition, coming on for preliminary hearing in 'b' group, this day, the court made the following: order captioned petition is filed assailing the order passed by respondent no.2 vide annexure-d wherein respondent no.2- deputy commissioner has resolved to sell a plot reserved for civic amenities by invoking section 72(2) of the karnataka municipalities act. ..... be that as it may, section 72 of the act is an enabling provision which authorizes respondent no.3-state municipal council to seek sanction from the government either to lease or to sell the property owned by it. ..... khc-d:9684 wp no.102318 of 2016 therefore, respondent no.2 could not have invoked section 72 of the act and thereafter proceed to auction a civic amenity site to a particular community.9. ..... khc-d:9684 wp no.102318 of 2016 custodians of these sites, the act entrusts them with the responsibility to ensure that these spaces continue to serve their intended purpose ..... 72 enables every municipal council to lease or sale or otherwise transfer any movable or immovable property, which is owned by the local authority. ..... therefore, even under karnataka urban development act, a civic amenity site at the most can be leased and there cannot be outright ..... the karnataka urban development act, guided by the principles of sustainable urban planning, recognizes that civic amenity sites are not mere parcels of land, but integral components of the urban landscape that directly impact the quality of life of .....
Tag this Judgment!Court : Karnataka Dharwad
..... "whether the 1st appellate court has committed a serious error in allowing the appeal and remanding the matter to the trial court contrary to the provisions of section 112 of the limitation act and section 118(2) of the karnataka municipalities act, 1964 and thus, the judgment of the 1st appellate court is perverse and illegal?" 5 ..... the interpretation of the words 'state government and local authorities' as done by the first appellate court is not based on the other relevant provisions found in karnataka municipalities act, 1964 and hence, the order of remand needs to be set aside and the judgment of the trial court will have to be ..... from this, section 72 (1) of karnataka municipalities act, 1964, speaks about the competency of municipal council to lease, sell and contract its properties, but the said competency is subject to the conditions and restrictions contained in sub-sections (2) to (9) of section 72 of the said act. ..... a plain reading of sub section 2 of section 81 of the karnataka municipalities act, though a property belongs to the municipality, it is held by the municipality as a trustee. ..... municipal council is defined under sub section (14) of section 2 of karnataka municipalities act, 1964, which means, the council of a town or city (municipal area) established under this act. ..... iv of karnataka municipalities act, 1964 deals about the municipal property and fund. ..... karnataka municipalities act, 1964 is a special local legislation and it prevails over the general law .....
Tag this Judgment!Court : Karnataka Dharwad
..... in the instant case, the haryana state legislature, by the amendment act of 1981, has not made any provision to include the lands and immovable properties the subject of the civil court's decrees, in shamilat dehso as to bring them within the purview of the principal act. ..... as under: if under the madras general sales tax act in computing the turnover the excise duty is not liable to be included and by virtue of section 9(1) of the central sales tax act has to be levied in the same manner as the madras general sales tax act, the excise duty will not be liable to be included in the turnover .we are of the view that in the matter of determining the taxable turnover the same rules will apply by virtue of section 9(1) of the central sales tax act, whether the tax is to be levied under the central sales tax act or the general sales tax ..... in order to nullify the effect of the decision, the state government introduced section 152-a by an amendment to the act, the effect of which was to command the municipal corporation, to refuse to refund the amount illegally collected despite the orders of the high court as well as apex court. ..... and another reported in (1973) 3 scc 585 as under: 7. ..... state of karnataka (iv) 1973(3) scc 585 m/s.tirath ram rajindra nath, lucknow vs. ..... b.basavalingappa x) air 1973 sc 1088 purushottam lal and others vs. .....
Tag this Judgment!Court : Karnataka Dharwad
..... however, the other two tests namely, whether the impugned act is a validating act brought about to remove the defect which the courts had pointed out in the previous law or whether the impugned act is inconsistent or contrary to the provisions of part iii of the constitution will have to be examined in the background of the law laid down by this court in granting relief to the petitioners namely, directing the state to reckon the non-grant period or the date of initial appointment for the purposes of granting :311. ..... in order to nullify the effect of the decision, the state government introduced section 152-a by an amendment to the act, the effect of which was to command the municipal corporation, to refuse to refund the amount illegally collected despite the orders of the high court as well as apex court. ..... in fact, directions came to be issued by the hon ble supreme court way back in the year 1998 in the case of haryana state adhyapak sangh & others vs state of haryana & others reported in air1988sc1663to the effect that teachers of the aided schools must be paid the same pay scales and dearness allowance as teachers in government schools for the entire period claimed by petitioners, and that the expenditure on that account should be apportioned between state and the management in the same :336. ..... and another reported in (1973)3 scc585as under: 7. ..... : (iv) 1973(3) scc585m/s.tirath ram rajindra nath, lucknow vs. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the sample tested in the central insecticides laboratory and thereby to adduce evidence in controversion of the report earlier issued by the insecticide analyst, it was to be expected that the prosecution would be launched at the earliest, at any rate, before the shelf life of the material concerned would expire, and to have the sample tested by the central insecticides laboratory, the reason being that, 25 crl.p.no.102512/21 without launching of the prosecution, the court would not be seized of the matter in order to decide under sub-section (4) of section 24 of the act in the matter of sending the sample to the ..... brijlal aiitlal [(1998) 5 scc343 under the drugs and cosmetics act, 1940; municipal corporation of delhi v. ..... the supreme court happened to deal with a similar situation and this is what the supreme court said in this regard in state of haryana v. ..... in this connection reference be made to decisions of this court in state of haryana v. ..... in this connection reference be made to decisions of this court in state of haryana v. ..... mangalore special economic zone limited (2021) scc online806 iv) state of haryana v. .....
Tag this Judgment!Court : Karnataka Dharwad
..... , it does not recognize the distinction between an oral partition or partition by unregistered document which is not followed by partition by metes and bounds on the one hand and oral partition or partition by unregistered document which was acted upon by physical partition of the 43 properties by metes and bounds and entries made in the public record about such physical partition by entering the names of sharers as individual owner/s in the concerned public record, (such as records of the municipal corporation or the property registers maintained by the government) on the other hand. ..... on a consideration of the rival contentions and the history and development of hindu law as well as the law commission report, the report of the standing committee of parliament and the statement of objects and reasons of the bill introduced in 27 parliament, with the purpose of finding the true intent of the parliament in amending section 6 of the hs act, the full bench has proceeded to address the questions of law thus : i) whether section 6 of the hindu succession act, 1956 as amended by the amendment act, is prospective or retrospective in operation. ..... state of haryana, (2004)8 scc1 that a substitution results not only in the old rule ceasing to exist, but also that a new rule is brought into existence in place of the earlier rule. .....
Tag this Judgment!Court : Karnataka Dharwad
..... connected matters107 in the facts and circumstances of the instant case, in the light of admissions, on the part of the respondent authorities that the private road measuring 414 sq m was private property never acquired by pune municipal corporation or the state government, the respondents had a public duty under section 91 to appropriately modify the scheme and to show the private road as property of its legitimate owners, as per the property records in existence, and or in the award of the arbitrator. ..... the high court has, with the greatest of respect, failed to apply its mind to relevant facts, particularly the records of pune municipal corporation with regard to property holders, the arbitrator's award dated 16-5-1972 under section 72 of the regional and town planning act and the admission of pune municipal corporation that the road did not belong to it, it was never acquired and that the name of pune municipal corporation ..... to form an extension or layout, or to make a new private street shall send to the commissioner a written application with plans and sections showing the following particulars :- (a) the laying out of the sites of the area upon streets, lands or open spaces ; (b) the intended level, direction and width of the street ; 18 (c) the street alignment and the building line and the proposed sites abutting the streets ; (d) the arrangement to be made for levelling, paving, metalling, flagging, channelling, swearing, draining, - ..... (iii) state of haryana and others vs. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the present petitioner on the plain terms of section 112(1)(b) of the act, does not come within the ambit of any person disputing the claim in view of the admitted position that she is not any one of the persons mentioned in the said provision, namely, section 113(3) of the act, who are liable to pay the tax under the act and therefore, the appeal at the instance of the present petitioner who had paid the tax on behalf and towards the account of one sri. v. s. ..... he submits that the tax demand notice was issued 113(1) of the karnataka municipal corporation act,1976 (for short the act ) and in compliance with the same the tax was paid. ..... against the judgment and decree dated1707.2010 passed in miscellaneous appeal no.36/2007 on the file of the i- additional district judge, dharwad, sitting at hubli, dismissing the appeal filed under section1133) of the karnataka municipal corporation act, 1976, r/w section471and rule19of part-ii of schedule. ..... there is no dispute about the fact that the property in respect of which tax demand was made by the respondent-corporation is premises and it is not a land within the meaning of karnataka municipal corporation act, 1976. ..... he draws my attention to clause (b) of sub-section 1 to section 112 of the act and submits that the petitioner whose nature of possession is said to be permissive from the owner is not liable to pay the tax and even as per the showing of the appellant, the tax demand was upon the owner of the premises sri. v. s. .....
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