Court : Karnataka
Reported in : ILR1987KAR2521
..... and the legislative assemblies of states.'according to the learned advocate-general, karnataka municipalities act 1964, karnataka village panchayat and local boards act, 1959 and karnataka municipal corporations act, 1976 are amended and similar proviso is inserted. proviso to explanation to sub-section (1) of section 11 of karnataka municipalities act was inserted by act no. 13 of 1979 with effect from 23-2-1979. proviso ..... is no constitutional compulsion on the state legislature to provide for reservation for the scheduled castes and scheduled tribes in respect of election to a local body, the karnataka zilla parishads act provided for minimum 18% reservation for scheduled caste scheduled tribes in every mandal panchayat and every zilla parishad ; that apart, out of 25% seats reserved for ..... representation of parliamentary and assembly constituencies in so far as such readjustment is necessitated by such inclusion and for matters connected therewith. as indicated in the preamble, the act was made with a view to readjust the representation in parliamentary and assembly constituencies. section 2(a) defines census authority while section 2(c) defines delimitation ..... support of this argument the entire emphasis was laid on the central act of 1976.21. to determine the effect of the central act, it would be necessary to refer to some of its relevant provisions. the purpose of enacting the central act as indicated in its preamble was to provide for the inclusion in and the exclusion from the .....Tag this Judgment!
Court : Appellate Tribunal for Electricity APTEL
Reported in : (2008)LCAPTEL203
..... development of electricity industry, promoting competition. this is possible by having minimum regulation.the electricity industry is required to be unshackled. for long the electricity industry had been subjected to controls. there is need to set up electricity generating plants, transmission lines, distribution system etc. the electricity industry is capital intensive, unless the investors feel that it is worthwhile to invest ..... objects and reasons of the electricity bill, 2001, the preamble of the act of 2003 and relevant provisions of the act are set out below: the electricity supply industry in india is presently governed by three enactments namely, the indian electricity act, 1910, the electricity (supply) act, 1948, the electricity regulatory commissions act, 1998. 1.1 the indian electricity act, 1910 created the basic framework for electric supply industry ..... transfer schemes for the transfer of the assets and staff into successor companies. orissa, haryana, andhra pradesh, karnataka, rajasthan and uttar pradesh have passed their reform acts and unbundled their state electricity boards into separate companies. delhi and madhya pradesh have also enacted their reforms acts which, inter alia, envisage unbundling/ corporatisation of sebs. 3. with the policy of encouraging private sector participation .....Tag this Judgment!
Court : Karnataka
..... orders which are impugned in the writ petitions read as under:proceedings of the government of karnatakasub:- supply of power by generators in karnataka to the state grid-issue of directions under section 11 of electricity act, 2003.preamble:1. karnataka is facing a severe power shortage in the year 2008-2009. there is a glaring demand - supply gap in the state. according ..... owned wholly or partly by the central government and therefore is amenable to the jurisdiction of state government for issuance of directions under section 11 of the act.24. the state of karnataka has been reeling under power shortage and the power deficit reached extra-ordinary levels, while the total demand during the year 2008 was expected to be around ..... state load dispatch centre are all regulated by the state commission and the state government. in terms of section 11 of the act, the government of karnataka is entitled to give directions to a ..... engaged in generation in accordance with regulations specified by appropriate commission.22. from the conspectus of provisions of electricity act, 2003, it is clear that matters concerning the generating company situated in a state other than those which are owned and controlled by central government, the intra state transmission of electricity, the state grid, the state transmission utility and the .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1997KAR1283; 1997(3)KarLJ683
..... that there cannot be two vesting in the same land and it would not be open for the authorities to go behind the vesting under the provisions of the karnataka land reforms act. the learned counsel also strenuously submitted that the alienation by the original grantee was not void but only voidable and therefore, the occupancy rights conferred on the legal heir ..... , the petitioner has preferred this writ appeal.9. mr. naik, learned counsel for the appellant submitted that the land had vested with the government on 1.3.1974 and in accordance with the provisions of the karnataka land reforms act occupancy rights were granted to the appellant. he submitted that once the land vested with the government under the provisions of land reforms ..... . to augment their economic status and to bring them on a par into the mainstream of the society, the state with a view to render economic justice envisaged in the preamble and articles 38 and 46 of the constitution distributed the material resources, namely, the land for self-cultivation. it is an economic empowerment of the poor. it is common knowledge ..... the assignee dasana rangaiah bin dasaiah. article 39(b) of the constitution of india envisages that the state shall in particular direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good. admittedly, scheduled castes and scheduled tribes are the weaker sections of the society .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; Supp2SCR305
..... nakara &ors. vs. union of india [(1983) 2 scr 165 at 187f to 189h], another constitution bench had dealt with the object to amend the preamble by the constitution (42ndamendment) act and pointed out that the concept of socialist republic was to achieve socioeconomic revolution to end poverty, ignorance and disease and inequality of opportunity. it was pointed ..... to be well established that while interpreting or examining the constitutional validity of legislative/administrative action, the touchstone of directive principles of state policy in the light of the preamble will provide a reliable yardstick to hold one way or the other." 99. pt. jawaharlal nehru, while participating in the discussion on the constitution (first amendment) bill ..... of article 244-a are not relevant for the purpose of this case; hence omitted. the fifth schedule makes the provisions as to the administration and control of scheduled area and scheduled tribes. para(1) envisages that unless the context otherwise requires, the expression "state" defined in the schedule does not include the state of assam, meghalaya, tripura and ..... in assam, the assam land and revenue regulation act, 1964 was enacted. in himachal pradesh, the h.p. transfer of land (regulation) act, 1968 was made. in karnataka, the bombay tenancy and agricultural lands act, 1948 was made applicable in bombay region of the karnataka state. the mysore land revenue (amendment) rule, 1960 was suitable amended imposing restriction or alienation of the .....Tag this Judgment!
Court : Chennai
..... granted to them during the period 1959-65. the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands), act, 1978 [act 2 of 1979] came into force on 1.1.1979. section 4 of this act is to the effect that any transfer of granted land made either before or after the commencement of ..... assignment, namely, the assignee should remain in possession and cultivate the land personally from generation to generation to augment economic status so as to secure economic justice envisaged under the preamble of the constitution and the directive principles." 49. on the question, as to whether alienation is valid in law, the supreme court, at paragraph 10, held as follows: "such alienation ..... engaged in different vocations. 39. certain principles of policy to be followed by the state. the state shall, in particular, direct its policy towards securing (b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good. 46. promotion of educational and economic interests of scheduled castes, scheduled tribes and ..... granted to members of scheduled castes and scheduled tribes. initially, these lands were given to them on temporary lease and later by virtue of rule 43-j of rules of 1960, these lands were given to them permanently with a restriction that the grantees shall not alienate these lands for a period of 15 years to third parties. these lands were .....Tag this Judgment!
Court : Supreme Court of India
Reported in : JT1995(7)SC93; 1995(5)SCALE620; (1995)6SCC309; Supp3SCR458
..... appeal against the order of the division bench dated june 23, 1989 made in w.a. no. 950/89 by the high court of karnataka at bangalore.4. shri ravi p. wadhwani, the learned counsel appearing for the appellant, has strenuously contended, after good preparation that under the ..... remain in possession and cultivate the land personally from generation to generation to augment economic status so as to secure economic justice envisaged under the preamble of the constitution and the directive principles.10. the question, therefore, is whether the alienation by the assignee in favour of the appellant ..... article 39(b) of the constitution of india envisages that the state shall in particular direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good. admittedly, scheduled castes and scheduled tribes ..... that refusal to permit alienation is to effectuate the constitutional policy. the alienation was declared to be void under section 23 of the contract act being violative of the constitutional scheme of economic empowerment to accord equality of status, dignity of persons and economic empowerment.9. it is ..... to protect and preserve human dignity, social and economic rights are sine qua non concomitant to assimilate the poor, the depressed and deprived, i.e., the dalits and tribes in the national main stream for ultimate equitable society and democratic way of life to create unity, fraternity among .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1992KAR1447; 1992(3)KarLJ137
..... the constitution for the purpose of establishing local self government to wit, panchayat raj institutions as local self governments, entry 5 of state list, article 40 and the preamble to the act read; (1) entry 5 of list ii:- '5. local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement ..... force and no person whose name does not appear in such electoral roll shall vote at any such election.' '148. electoral roll: the electoral roll of the karnataka legislative assembly for the time being in force such as part of the district as is included in any constituency of the zilla parishad shall, for the purposes of ..... noticed and his suggestions for improvement. (3) in implementing the plans or schemes all the rules of implementation applicable to government departments such as for purchase, tender, quality control, technical sanctions, accounts and audit and supervision shall mutatis mutandis be applicable'. in addition, section 184 provides for transfer of governmental functions to the zilla parishads. section 185 ..... ) in co-operation with the mandal panchayats measures for the improvement of the breed of cattle and other live stock and poultry. (c) dairy developments. (d) protective measures for controlling contagious diseases. iv. welfare of the scheduled castes and scheduled tribes and backward classes - (a) promotion of education, economic, social, cultural and other interests of the scheduled castes .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2009KAR3934; 2009(4)KCCRSN240.
..... a brainchild of the bar council of india trust. as can be seen from the preamble to the national law school of india act, 1986 (karnataka act no. 22/1986) earlier a society by name national law school of india society registered under the provisions of the karnataka societies registration act, 1960 with an object among others to establish, maintain and develop a teaching and research institute ..... the status of scheduled caste and schedule tribe to candidates hailing from other states or areas ignoring the constitution (presidential) order, 1950 issued in relation to the state of karnataka;(b) respondents 1 and 2 are directed to admit the daughter of the petitioner to the five year law course in the 2nd respondent-university on being satisfied of her eligibility in ..... takes me through the constitution of the general council and as also the executive council of the 2nd respondent-university and emphasizes the fact that there is hardly any state control over the 2nd respondent-university which has been conceived by the bar council of india trust as a national level institution. it is his further contention that the governing council ..... of migrant sc candidates.29. in paragraph-21 of the judgment, the apex court referring to articles 341(1) & 342(1) of the constitution has observed that article 16(4) is not controlled by a presidential order issued under article 341(1) or article 342(1) of the constitution in the sense that reservation in the matter of appointment on posts may be made in .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1996KAR1649; 1996(3)KarLJ39
..... cannot go by vague arguments. indeed the state has provided several agencies and the laws are enacted to protect such environment and ecology. we have the water pollution control act, conservation of forest act and necessary sanctions and permissions will have to be obtained from the concerned authorities before the board or any agency to which such work may be entrusted can proceed ..... taluk of bangalore rural district. the background leading to this petition is issue of a notification dated 9.6.1994 under section 28(1) of the karnataka industrial area development act, 1966 ('act' for short) extending chapter vii of the act and another notification issued on 7.7.1994 proposing to acquire 5033 acres 36 guntas of land in bangalore north taluk and devanahalli taluk ..... is enough to notice that the power of acquisition of land for the purpose of locating an airport is altogether different from the power of regulation and organisation of air traffic and of aerodromes or merely making provisions for aerodromes. by acquiring land and making it available for providing an aerodrome will not in any way be infringement of the power ..... thereto where the industries are accommodated, location of an airport would not be one such purpose. specific attention of the court is drawn to the preamble, definition clauses and the functions of the board under the act it is contended that we should not understand the expression 'industry' as is sought to be expansively dealt with in the context of industrial .....Tag this Judgment!