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Search Results Judgments > Phrase:KARNATAKA LAND REVENUE ACT 1964 Section 95 Page:6

Dec 06 2002

Sri M.V. Chandrashekar Vs. Dy. Commissioner Of Income-Tax

  • Decided on : 06-Dec-2002

Court : Income Tax Appellate Tribunal (ITAT) - Bangalore

Reported in : (2004)91ITD543(Bang.)

... Karnataka Act of 1991 w.e.f. 5/2/1991. New Limit Rs. 2 lakhs The learned counsel for the assessee has also produced before us a decision dated 10th March, 1978 ordered by the Karnataka Appellate Tribunal, Bangalore regarding Karnataka Land Revenue Act, 1964 as per Section 95, Farm Building, that is - "Any building constructed on the land for enabling better cultivation and management of the land ... 1978 ordered by the Karnataka Appellate Tribunal, Bangalore regarding Karnataka Land Revenue Act, 1964 as per Section 95, Farm Building, that is - "Any building constructed on the land for enabling better cultivation and management of the land ought to be treated as a "Farm Building". As long as the predominant purpose of the building constructed on the land is its user by ... Act, 1966 (Karnataka Act of 1967) has been repeated from 5/2/1991. Therefore now there is o bar for transfer of agriculture land by sale, by mortgage or gift etc., irrespective of the extent. Because of repeal of the said Act, now the agriculture land can be transferred to even the extent of one gunta or less also.". "Under Section 95(1) of the Karnataka Land Revenue Act of 1964 ... transfer of agriculture land by sale, by mortgage or gift etc., irrespective of the extent. Because of repeal of the said Act, now the agriculture land can be transferred to even the extent of one gunta or less also.". "Under Section 95(1) of the Karnataka Land Revenue Act of 1964, the occupant and owner of an agriculture land is entitled by ...

Jan 04 2002

Vijayanagar Educational Trust (Regd.), Bangalore Vs. The Karnataka Sta ...

  • Decided on : 04-Jan-2002

Court : Karnataka

Reported in : AIR2002Kant123; ILR2002KAR1231; 2002(2)KarLJ296

... Section 109 of the Karnataka Land Reforms Act, 1961 vide order dated 29-4-1999 (An-nexure-C). On purchase, the petitioner also made an application to the Deputy Commissioner, Bangalore Rural District under Section 95 of the Karnataka Land Revenue Act, 1964 for conversion of the land from agriculture to non-agriculture use. After holding an enquiry as contemplated under Section 95 of the Karnataka Land Revenue Act, 1964 ... land measuring 21 acres and 19 guntas in Lingenahalli Village, Kasaba Hobli, Nelamangala Taluk, Bangalore Rural District after obtaining the requisite permission as contemplated under Section 109 of the Karnataka Land Reforms Act, 1961 vide order dated 29-4-1999 (An-nexure-C). On purchase, the petitioner also made an application to the Deputy Commissioner, Bangalore Rural District under Section 95 of the Karnataka Land Revenue Act, 1964 for conversion of the land ... section (7) of Section 25 of the Act.17. Learned Counsel for petitioner Mr. K. Suman relied on the decision on Ameya Presence Marketing, Bangalore v. The Bangalore City Corporation and Anr. In the said case the Division Bench of this Court was dealing with Section 443 of the Karnataka Municipal Corporations Act ...

Nov 08 2010

Shamalsha Girdhari Mineral Co. Vs. The State of Karnataka

  • Decided on : 08-Nov-2010

Court : Karnataka

... land which was also described in the revenue records as agricultural land. Despite the fact that the land was described as agricultural land, the petitioner commenced quarrying activities over the three pieces of land referred to herein above, without seeking conversion thereof for non-agricultural use in terms of the provisions of Section 95(2) of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as 'the Act ... revenue records as agricultural land. Despite the fact that the land was described as agricultural land, the petitioner commenced quarrying activities over the three pieces of land referred to herein above, without seeking conversion thereof for non-agricultural use in terms of the provisions of Section 95(2) of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as 'the Act). Since the respondents did not insist on the non-eonversion of the land ... Karnataka Land Revenue Act, 1964 (hereinafter referred to as 'the Act). Since the respondents did not insist on the non-eonversion of the land at the hands of the petitioner before the same came to be used for quarrying of pink granite, the petitioner did not suffer any consequences.3. In respect of each of the quarrying licenses granted to the petitioner, the petitioner surrendered the entire land ...

Sep 23 1994

Robert D'Silva Vs. Deputy Commissioner

  • Decided on : 23-Sep-1994

Court : Karnataka

Reported in : ILR1994KAR3119; 1994(4)KarLJ602

... ORDERSaldanha, J. 1. Heard the learned Counsel on both sides.2. An interesting aspect of law has arisen in this Petition which concerns the deeming provision contained in Section 95(4) of the Karnataka Land Revenue Act, 1964. The statutory provision prescribes that in the event of non-action on the part of the authorities to whom an application for conversion has been submitted, that the permission ... that the deemed provision has accrued to his client by virtue of Section 95(4) of the Act. He also places reliance on a Decision of this Court in the case of HABEEB KHANDASARI INDUSTRIES v. KARNATAKA APPELLATE TRIBUNAL AND ANR. 1987(1) KLJ 45. This Court, while interpreting the provisions of Section 95(4), held that immediately on the expiry of the period of four ... the provisions of Section 95(4), held that immediately on the expiry of the period of four months in the absence of a rejection order that by operation of law, the permission is deemed to have been granted. Mr. Naik has also relied on another Decision of this Court in the case of GANAPATI MANKALU GOUDA v. STATE OF KARNATAKA : ILR1990KAR1248 , whereby a ... . That Decision, to my mind, would not have any application on the facts of the present case.9. As earlier indicated by me, the legislative intent embodied in Section 95(4) of the Act is unambiguous. It provides for time bound disposal of application for conversion and it presupposes that in the light of this mandate, that the authorities will, without any delay ...

Aug 26 1998

State of Karnataka and others Vs. M/s. Village-De-Nandi (Private) Limi ...

  • Decided on : 26-Aug-1998

Court : Karnataka

Reported in : ILR1999KAR49; 2000(3)KarLJ8

... The Tahsildar, by his impugned orders had held that the earlier orders passed under Section 95 of the Karnataka Land Revenue Act, 1964 (in short, the 'Act') permitting use of the agricultural lands in question for residential/small scale industry/commercial purposes stood cancelled because of non-use of the said lands for the aforesaid purposes within the prescribed period of two years. These orders ... against the violation of conditions as per Section 96 of the Karnataka Land Revenue Act, 1964 and it will be considered as punishable offence and action will be taken in this regard and the expenses to be incurred or charged towards this, will be recovered from the title holder/khathedar as arrears of land revenue'.19. Similarly, the conversion order at Annexures-Cl, ... against the violation of conditions as per Section 96 of the Karnataka Land Revenue Act, 1964 and it will be considered as punishable offence and action will be taken in this regard and the expenses to be incurred or charged towards this, will be recovered from the title holder/khathedar as arrears of land revenue'.20. Accordingly, in terms of the condition No ... ) This land conversion order is subjected to the conditions of the undertaking executed by the applicant on 20-7-1992, agreeing with the terms imposed in it. If the said conditions are violated, this order will not be invalid. The proceedings will be initiated against the violation of conditions as per Section 96 of the Karnataka Land Revenue Act, 1964 and ...

Feb 09 1995

Smt. Venkamma and ohters Vs. Deputy Commissioner, Bangalore District a ...

  • Decided on : 09-Feb-1995

Court : Karnataka

Reported in : AIR1995Kant351; ILR1995KAR607; 1995(3)KarLJ99

... land can be put to non-agricultural use after obtaining permission under Section 95 of the Karnataka Land Revenue Act, 1964, the learned Advocate contended that in view of the Karnataka Town and Country Planning Act, 196T and particularly Section 19 thereof, every change in land use is to be in conformity with the Outline Development Plan or the C.D.P. as the case may be, and no change in land ... lands of others of Balageri village became part of the green-belt when the Comprehensive Development Plan (C.D.P.) came to be finalised on 18-10-1984. Even while conceding that an agricultural land can be put to non-agricultural use after obtaining permission under Section 95 of the Karnataka Land Revenue Act, 1964, the learned Advocate contended that in view of the Karnataka Town and Country Planning Act ... Act, was issued on 13-7-1982. The land of the appellants along with the lands of others of Balageri village became part of the green-belt when the Comprehensive Development Plan (C.D.P.) came to be finalised on 18-10-1984. Even while conceding that an agricultural land can be put to non-agricultural use after obtaining permission under Section 95 of the Karnataka Land Revenue Act, 1964 ...

Feb 08 2010

S. Nagaraj (dead) by LRs. and Ors. Vs. B.R. Vasudeva Murthy and Ors. e ...

  • Decided on : 08-Feb-2010

Court : Supreme Court of India

Reported in : 2010(2)SCALE232

... that Chapter V of the Land Reforms Act is titled 'Restrictions on holding on transfer of agricultural lands' and the language of Sections 79A, 79B and 80 shows that these provisions apply to only 'agricultural lands'. We also find from the provisions of Sub-sections (2) and (7) of Section 95 of the Karnataka Land Revenue Act, 1964 (for short `the Land Revenue Act') that the land held for agricultural purpose can ... 'agricultural lands'. We also find from the provisions of Sub-sections (2) and (7) of Section 95 of the Karnataka Land Revenue Act, 1964 (for short `the Land Revenue Act') that the land held for agricultural purpose can be permitted to be diverted for other purposes on payment of fine. In the order dated 15.6.1979 of the State Government sanctioning the grant of the land in ... of the State Government sanctioning the grant of the land in favour of the Sangha, it is clearly stipulated that the Sangha shall pay such conversion fine to be levied as per the rules made under the Revenue Act. The Karnataka Land Grants Rules, 1969 made under Section 179 of the Land Revenue Act and in particular Rule 18 has also made elaborate ... or forming part of the same system. Sections 79A, 79B and 80 of the Land Reforms Act, therefore, have to be read together with Section 95 of the Land Revenue Act as all these provisions deal the same subject matter, namely, agricultural lands. We therefore hold that the law permitted the grant of the agricultural land in favour of the Sangha for house sites ...

Mar 12 2009

Hindustan Petroleum Corporation Limited Vs. State of Karnataka and Ors ...

  • Decided on : 12-Mar-2009

Court : Karnataka

Reported in : 2009(6)KarLJ11; 2009(4)AIRKarR352

... it is not necessary for the owner of the land to seek permission of revenue authorities for change of land user, particularly, as under Section 95 of the Karnataka Land Revenue Act, 1964 and want of such permission cannot be a ground for the planning authority to reject a plan for development of the land in conformity with the planning authority's declaration ... Section 95 of the Karnataka Land Revenue Act, 1964 and want of such permission cannot be a ground for the planning authority to reject a plan for development of the land in conformity with the planning authority's declaration and earmarking of the area so long as it conforms to the outline development plan.38. A perusal of the statutory provisions, particularly, proviso to Sub-section (2) to Section ... there was no need to obtain any prior permission from the Deputy Commissioner under the provisions of Section 95 of the Karnataka Land Revenue Act, 1964 for change of land user from agricultural to residential purpose and in the case of the petitioner also the land user being industrial even as per the outline development plan of the planning authority and also ... section (2) to Section 14 of the KTCP Act which is an addition by way of amendment as per Act No. 2 of 1991 and with effect from 20-3-1991 while no doubt indicates that the change of land user should not be permitted unless the person has obtained permission of the revenue authorities as per the provisions of the Karnataka Land Revenue Act, 1964 for diversion of the land ...

Aug 08 1995

Narasegowda Vs. Assistant Commissioner

  • Decided on : 08-Aug-1995

Court : Karnataka

Reported in : ILR1995KAR3295

... Madhugiri in RRF (A) No. 16/94-95. In the said appeal it was contended that the Tahsildar had not followed the procedure prescribed by Section 128 of the Karnataka Land Revenue Act, 1964, while passing the order of maturation in favour of the petitioner. This argument found favour with the Assistant Commissioner who by his order dated 22.5.95 set aside the order passed by ... order dated 22.5.95 set aside the order passed by the Tahsildar and allowed the appeal.3. Aggrieved, the petitioner has filed the present Writ Petition against the appellate order of the Assistant Commissioner.4. I have heard the learned Counsel for the petitioner, who argued that the procedure prescribed by Sections 128 and 129 of the Karnataka Land Revenue Act, 1964 was inapplicable to ... prescribed by Sections 128 and 129 of the Karnataka Land Revenue Act, 1964 was inapplicable to cases where mutations were entered on the basis of a decree of the Civil Court. It was urged that since the Revenue Officer has no option but to attest a mutation on the basis of a decree passed by the competent Civil Court, in accordance with the procedure prescribed by Section ... the modes specifically mentioned in the said provision but on the basis of a decree passed in his favour by the Civil Court. Section 129 of the Act prescribes the procedure which the officer receiving the report under Section 128 has to follow does not either expressly or by necessary implication exclude the mutations claimed on the basis of a decree of ...

Feb 25 2008

Chandi Ram and Ors. Vs. Commissioner of Income Tax

  • Decided on : 25-Feb-2008

Court : Punjab and Haryana

Reported in : (2008)217CTR(P& H)113; [2009]312ITR139(P& H)

... that the Revenue filed appeals against several decisions of the Tribunal, wherein while applying the ratio laid down in the case of CIT v. Hindustan & Land Development Trust Ltd. : [1986]161ITR524(SC) and various other decisions of the different High Courts, including the Karnataka High Court in the case of Chief CIT v. Smt. Shantavva : [2004]267ITR67(KAR) , it was held that Section 45 ... the cases in hand, which pertain to the asst. yrs. 1994-95 to 1998-99.11. We do not find any substance in the aforesaid argument raised by learned Counsel for the Revenue. Clause (c) to Section 45(5) and Sub-section (16) to Section 155 of the Act have been inserted by the Finance Act, 2003, w.e.f. 1st April, 2004. The Notes on these ... , Mr. Putney, learned Counsel appearing for the Revenue has contended that amendment in Section 45(5) of the IT Act, 1961 (for short 'the Act') has not been noticed in the said judgment.We are afraid that the contention of learned Counsel for the Revenue is not correct as the Division Bench has specifically noticed the judgment of Karnataka High Court in the case of Chief ... Section 45(5) of the IT Act, 1961 (for short 'the Act') has not been noticed in the said judgment.We are afraid that the contention of learned Counsel for the Revenue is not correct as the Division Bench has specifically noticed the judgment of Karnataka High Court in the case of Chief CIT v. Smt. Shantavva : [2004]267ITR67(KAR) . wherein the amendment inserted to Section ...

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