Court : Karnataka Kalaburagi
..... this is antithesis to say that the guidelines are only directions directory not binding and do not vest any right in the government servant.23. ..... the guidelines vest the concerned government servants with certain rights and casts certain obligation on the concerned authorities. ..... therefore, they vest the government servants with necessary rights to make a grievance against violation of the said rules/guidelines framed. ..... therefore, as long as, kcsrs do not provide any mechanism to regulate transfers of government servants, the state government was competent to frame rules in exercise of executive powers vested in it. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... hence, the contention on behalf of the petitioner that the authority has erred in choosing to exercise the powers vested under section 31 of the act is without substance and requires to be rejected and is accordingly rejected. ..... in the event of occurrences of the circumstances enumerated in the provision, the provision does not vest 20 any discretion to the authority in respect of implementation of the provisions of section 31 of the act. ..... hence, it cannot be gainfully argued that the act vests a discretion in the authority either yo invoke the provision of section 29(e) or section 31 of the act. ..... it is no doubt true that the provisions of section 28(a) of the act, provides that the management of co-operative society shall vest in a board constituted in accordance with this act. ..... the provision does not vest the authority in the circumstances enumerated with any option. ..... the other limb of argument canvassed by the petitioners is that the registrar/second respondent herein was vested with the office i.e. ..... second respondent is vested with the powers of choosing an option of invoking the provisions of section 29(e) of the act and hence the invocation of the provisions of section 31 of the act is misplaced. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... in the same paragraph at page no.5 there is reference with regard to this gift deed wherein the plaintiffs have stated that, wherefore, when laxmibai had not got better right, title or interest vested in respect of the suit property, even by virtue of the alleged registered gift deed executed in favour of the defendant-doulatarao dated 03.02.1969, doulatarao did not get any full 71 fledged and absolute rights in respect of the ..... it is rather late in the day to contend that the land which was given to the appellant in lieu of maintenance did not vest in her absolutely. 50 47. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the commencement of this act or under the terms of any grant made or of any other instrument of transfer executed, by or on behalf of the government for the time being, the right to mines, minerals and mineral products, shall vest absolutely in the state government and the state government shall, subject to the provisions of the mines and minerals (regulation and development) act, 1957 (central act no.67 of 1957), have all the powers necessary for ..... the above provision goes to show that notwithstanding any law or instrument of transfer executed, by or on behalf of the government for time being, the right to mines, minerals and mineral products, vest absolutely in the state government. ..... section 70 of the karnataka land revenue act reads as follows:-"section -"right to mines and mineral products to vest in government, - [notwithstanding anything contained in]. .....
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..... further, the observations of the learned single judge that there is no lis insofar as it relates to site no.22, it virtually amounts to a declaration by the learned single judge that property bearing no.22 vests in the respondents and which is in our opinion beyond the scope of the writ petition and it 18 virtually amounts to a declaration of the claim asserted by the respondent nos.2 and 3. ..... per contra, the learned counsel for the respondent nos.2 and 3 would submit that mere alteration of site numbers would not vest any title in the petitioner and that as asserted in the statement of objections before the learned single judge, the respondent nos.2 and 3 have also preferred a civil suit and in the said civil suit the ..... he would contend that the jurisdiction to examine and adjudicate the validity of title over immovable property is vested in the civil court only and that by the impugned proceedings the respondent no.1 is attempting to usurp the jurisdiction conferred on the civil court under section 9 of cpc.17. ..... the said direction is unsustainable and it would virtually amount to permitting the executive to usurp the jurisdiction of the civil court vested in it under the provisions of section 9 of the cpc. 19 26. ..... he would further contend that the very caption would suffice to demonstrate that the proceedings is not in 13 exercise of the power vested in the respondent no.1 under the statute. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... further, the observations of the learned single judge that there is no lis insofar as it relates to site no.22, it virtually amounts to a declaration by the learned single judge that property bearing no.22 vests in the respondents and which is in our opinion beyond the scope of the writ petition and it 18 virtually amounts to a declaration of the claim asserted by the respondent nos.2 and 3. ..... per contra, the learned counsel for the respondent nos.2 and 3 would submit that mere alteration of site numbers would not vest any title in the petitioner and that as asserted in the statement of objections before the learned single judge, the respondent nos.2 and 3 have also preferred a civil suit and in the said civil suit the ..... he would contend that the jurisdiction to examine and adjudicate the validity of title over immovable property is vested in the civil court only and that by the impugned proceedings the respondent no.1 is attempting to usurp the jurisdiction conferred on the civil court under section 9 of cpc.17. ..... the said direction is unsustainable and it would virtually amount to permitting the executive to usurp the jurisdiction of the civil court vested in it under the provisions of section 9 of the cpc. ..... he would further contend that the very caption would suffice to demonstrate that the proceedings is not in 13 exercise of the power vested in the respondent no.1 under the statute. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... operative society and the term of the elected members and the term of the managing committee as it stood immediately prior to the ninety-seventh (97th) constitutional amendment, is to be necessarily noticed which is as below: (a) the management of a co-operative society vested in a committee of management constituted in accordance with the act of 1959, rules and the bye-laws of the co-operative society as provided under section 28-a of the act of 1959 ..... . (2) the superintendence, direction and control of the preparation of electoral rolls for, and the 104 conduct of, all elections to a co-operative society shall vest in such an authority or body, as may be provided by the legislature of a state, by law: (underlining by court) provided that the legislature of a state may, by law, provide for the procedure and guidelines for the conduct of such elections ..... . consequent to such amendments, the relevant provisions of the act of 1959, which were amended are extracted below: section 28a management of co- operative societies vest in the committee - (1) the management of a co-operative society shall vest in a committee constituted in accordance this act, the rules and the bye laws of such society ..... . (underlining by court) section 39-aa (2) reads as follows: the superintendence, direction and control of the preparation of the electoral rolls for all elections to the co-operative societies in the state shall be vested with the co-operative election authority .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... operative society and the term of the elected members and the term of the managing committee as it stood immediately prior to the ninety-seventh (97th) constitutional amendment, is to be necessarily noticed which is as below: (a) the management of a co-operative society vested in a committee of management constituted in accordance with the act of 1959, rules and the bye-laws of the co-operative society as provided under section 28-a of the act of 1959 ..... . (2) the superintendence, direction and control of the preparation of electoral rolls for, and the 104 conduct of, all elections to a co-operative society shall vest in such an authority or body, as may be provided by the legislature of a state, by law: (underlining by court) provided that the legislature of a state may, by law, provide for the procedure and guidelines for the conduct of such elections ..... . consequent to such amendments, the relevant provisions of the act of 1959, which were amended are extracted below: section 28a management of co- operative societies vest in the committee - (1) the management of a co-operative society shall vest in a committee constituted in accordance this act, the rules and the bye laws of such society ..... . (underlining by court) section 39-aa (2) reads as follows: the superintendence, direction and control of the preparation of the electoral rolls for all elections to the co-operative societies in the state shall be vested with the co-operative election authority .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... operative society and the term of the elected members and the term of the managing committee as it stood immediately prior to the ninety-seventh (97th) constitutional amendment, is to be necessarily noticed which is as below: (a) the management of a co-operative society vested in a committee of management constituted in accordance with the act of 1959, rules and the bye-laws of the co-operative society as provided under section 28-a of the act of 1959 ..... . (2) the superintendence, direction and control of the preparation of electoral rolls for, and the 104 conduct of, all elections to a co-operative society shall vest in such an authority or body, as may be provided by the legislature of a state, by law: (underlining by court) provided that the legislature of a state may, by law, provide for the procedure and guidelines for the conduct of such elections ..... . consequent to such amendments, the relevant provisions of the act of 1959, which were amended are extracted below: section 28a management of co- operative societies vest in the committee - (1) the management of a co-operative society shall vest in a committee constituted in accordance this act, the rules and the bye laws of such society ..... . (underlining by court) section 39-aa (2) reads as follows: the superintendence, direction and control of the preparation of the electoral rolls for all elections to the co-operative societies in the state shall be vested with the co-operative election authority .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... operative society and the term of the elected members and the term of the managing committee as it stood immediately prior to the ninety-seventh (97th) constitutional amendment, is to be necessarily noticed which is as below: (a) the management of a co-operative society vested in a committee of management constituted in accordance with the act of 1959, rules and the bye-laws of the co-operative society as provided under section 28-a of the act of 1959 ..... . (2) the superintendence, direction and control of the preparation of electoral rolls for, and the 104 conduct of, all elections to a co-operative society shall vest in such an authority or body, as may be provided by the legislature of a state, by law: (underlining by court) provided that the legislature of a state may, by law, provide for the procedure and guidelines for the conduct of such elections ..... . consequent to such amendments, the relevant provisions of the act of 1959, which were amended are extracted below: section 28a management of co- operative societies vest in the committee - (1) the management of a co-operative society shall vest in a committee constituted in accordance this act, the rules and the bye laws of such society ..... . (underlining by court) section 39-aa (2) reads as follows: the superintendence, direction and control of the preparation of the electoral rolls for all elections to the co-operative societies in the state shall be vested with the co-operative election authority .....
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