Court : Karnataka
Reported in : ILR1992KAR3068; 1992(3)KarLJ355
..... 5 are sought to be evicted from their occupation in a petition presented on 12-10-1987 under the provisions of the karnataka rent control act and the proceedings are registered as hrc.no. 296/1987, which is pending. (here, it is necessary to note that ..... construction.28. in the instant case, the petitioners are rate payers and residents of mangalore city for whose benefit the building bye-laws, read with the odp, require the new constructions to be put up, to have a particular building line set-back. ..... cause serious hazards to the safety of the members of the public as well as impede the free movement of traffic on the road.'23. petitioners further assert that as early as in the year 1984, when 4th respondent caused damages to the building ..... construction of the new building as per the sanctioned plan and licence and that 'the impugned construction directly affects their livelihood and existence.....' they also assert in the writ petition, 'the reliefs claimed are as residents of mangalore city'. thereafter, para-4 of ..... the writ jurisdiction of this court. it is further stated that the impugned licence was not a fresh licence but the continuation of the earliest licence obtained by the fourth respondent which is dated 10th may 1984. it is stated in the ..... certificate and in the absence of any evidence of public safety being in any manner endangered or the public or a section of the public being in any manner inconvenienced by reason of the construction of the building, whatever may be the .....Tag this Judgment!
Court : Karnataka Dharwad
..... also been passed under karnataka highways act, a majority of them being consent awards under section 27 of the state act of 1964. moreover, the new central rtfctlarr act, 2013 does not over-ride and repeal the state s karnataka highways act, 1964, but as rightly submitted, new act is not in derogation but in addition to existing state laws in this regard as prescribed under section 103 and 105 of ..... to be completed expeditiously. 36/36 date of judgment:19. 04.2017 wa nos.100221-25 of2017& connected cases anil s/o vishwanath manjanabail & others vs. the state of karnataka & anr.23. the writ appeals and the contempt petition are accordingly dismissed with costs of `5,000/- (rupees five thousand only) to be paid by each of the petitioners-appellants and such ..... was required reducing road width from 35 meters to 30 meters, to provide a smooth flow of traffic, also could not be considered at this stage, since an award has already been passed in the matter on 08th june 2016 under section 28 of the act of 1964. the learned single judge also noted that vast majority of the land-losers, whose land ..... apply; or to (b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said land acquisition act, as if the said act has not been repealed. (2) notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings initiated under the land acquisition act, 1894 (1 of 1894), where an award under the .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1982Kant113; ILR1981KAR1512; 1982(1)KarLJ28
..... that even the expenditure incurred by the state in providing various facilities like lighting, traffic control, halting places for buses and trucks and amenities into account to find out whether imposition of a tax on motor vehicles, is compensatory and regulatory.23. in the light of the aforesaid statement of law, the material question that arises for determination in these petitions, is whether the ..... them, obviously, for taking away their power to levy tax or toll on motor vehicles.11. the taxation amendment act amended several tax laws in the state of karnataka. sub-s. (1) of s. 4 of that act inserted a new section, s. 3b in the act providing for levy of additional surcharge at the rate of ten per cent of the tax levied under s ..... abolition of octroi levy and also to provide for the developmental activities of the state in general, it is intended to mobilize resources by revising certain existing rates of taxes under the motor vehicles taxation act.'25. relying on the above statement of objects and reasons appended to the motor vehicles taxation (second amendment) bill, the petitioners contended that for the purpose .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2003SC1599; 2003CriLJ1527; 103(2003)DLT50(SC); 2003(86)ECC33; JT2003(2)SC470; 2003(2)KLT110(SC); RLW2003(3)SC364; 2003(2)SCALE11; (2003)9SCC193; 1SCR995; 2003(1)LC
..... constitute such an authority. moreover, the ncb has no independent functional or autonomous existence.20. having regard to the provisions of the act we are inclined to agree with the view of the karnataka high court. section 4(1) of the act does not create the narcotics control bureau. it only authorizes the central government to take all such measures as it deems necessary or expedient ..... 'narcotics control bureau' to exercise powers and functions of the central government in taking measures with respect to the following matters referred to in sub-section (2) of section 4:-'(1) co-ordination of actions by various officers, state government and other authorities under the principal act, the customs act, 1962 (52 of 1962), the drugs and cosmetics act, 1940 (23 of 1940) and by other law for ..... the time being in force in connection with the enforcement of the provisions of the principal act.(2) implementation of the obligations in respect of counter-measures against illicit traffic, under:- (a) the single convention on narcotic .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1983SC1005; 1983(2)SCALE118; (1984)1SCC168; 3SCR624
..... has been misused by these operators of the tourists buses by plying their vehicles regularly as stage carriages. most of the permits obtained under section 63(7) of the central act in the states other than the state of karnataka are made use of for the purported use of running the tourist buses, but actually the permits were misused to run the tourist ..... , 1972. exemption from payment of tax was given to tourist motor cabs and tourist omnibuses registered in states other than the state of karnataka and plying in the state of karnataka under the authority of a permit granted under section 63(7), provided that the tax payable in respect of the vehicle to the state in which it was registered had already been ..... by creating agreeable conditions and providing appropriate services. all that is necessary to uphold a tax which purports to be or is claimed to be a compensatory tax is 'the existence of a specific, identifiable object behind the levy and a nexus between subject and the object of a levy'. : 2scr364 . 'if the object behind the levy is identifiable and ..... carriages and contract carriages has been completely nationalised. the all india tourist buses on the other hand are exploiting the loopholes available in the law and operate point to point passenger services on routes where the volume of traffic is heavy viz. routes like bombay kolhapur, bombay mangalore (mangalore), bombay panaji, bombay-belgaum, bombay-ahmedabad. and bombay-indore....on 9/10th april .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2008KAR4704
..... ) no provision contained in the enactments specified in the schedule or any other law for the time being in force regulating the erection or construction of buildings, or in the rules or bye-laws made under any such enactment or law shall apply to an application under sub-section(1) in so far as such provision relates to any of the matters ..... a cinema theatre. the karnataka cinema (regulation) act is a self contained code, which takes care of environment, nuisance, traffic, hazards, parking places, the fire safety measures and engineering aspects of the building. the technical standards prescribed for construction of cinema theatre is more vigorous and rigid than the normal building by-laws. in that view argued that section 11 declares that the ..... development plan or comprehensive development plan prepared for the area by a competent authority under section 4(c) of the mysore town and country planning act, 1961, or the local authority concerned: provided that where an outline or comprehensive development plan has not been prepared, existing predominantly commercial area shall be taken into consideration.zoning of lands use and regulations, bda ..... specified in the said sub-section.rule 27: conditions for the grant of no objection certificate:(1) no objection .....Tag this Judgment!
Court : Karnataka
Reported in : II(2000)ACC312; 2000CriLJ2426; 2000(2)KarLJ477
..... first breach of the law. secondly, what is pointed out to me is that under the provisions of the traffic control act though the original provision prohibited the carriage of more than one person on a bicycle, that by amendments carried out in the years 1986-87 to section 14 of the act and the rules, ..... unpardonable. this court has repeatedly issued directions to the traffic control department to enforce the lane system and stop zig-zagging on the roads but not even a little finger has been lifted. the home minister ..... at the rate of about 11% per year, most of them being fatal, 870 deaths having taken place in the last two years. the traffic control department of the state government has been cheerfully watching the fun, happy that the population problem is automatically taking care of itself, which is absolutely ..... persons and these amendments would only facilitate the bicycle riders to carry an additional person which, having regard to the traffic conditions that exist is nothing short of a suicidal act. the laws are required to be oriented towards a situation whereby they contribute to safety and welfare and not to facilitate people killing ..... appeal raises an issue of safety with regard to a very simple and common place of practice that is being permitted to continue by default and which is responsible for the loss of several valuable lives, as has happened in this case, particularly of .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1987KAR2521
..... 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 to sub-section(4) of section 5, proviso to section 97, proviso to sub-section (2) of section 100 of karnataka village panchayat & local boards act, were inserted by act no. 11 of 1983 with effect from 22-3-1983 ..... not revised as aforesaid, the validity or continued operation of the additional electoral roll shall not thereby be affected.explanation : for the purpose of this sub-section the term 'ordinarily resident' shall have the same meaning as defined in section 20 of the representation of the people act, 1950 (central act 43 of 1950).(3) the provision of sections 16, 17, and 18 of the representation ..... that no such right exists in the petitioners. it was conceded at the bar by the learned counsel for the petitioners that if no reservation of seats, in the zilla parishad election had been made, no claim could validly have been laid for any such reservation. that being so the state legislature could i have validly enacted a law without providing for .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2005KAR1443; 2005(1)KarLJ373
..... by the government. the secretary shall perform all the duties and exercise all the powers imposed or conferred upon him by or under this act or any rules or bye-laws made thereunder. sub-section (3) of section 111 of the act sets out the functions to be performed by such secretary. therefore, it is clear that the secretary is an officer of the government ..... to the executive officer and against an order passed by the grama panchayat under sub-section (3) to the chief executive officer.(5) any appeal under sub-section (4) pending before the mandal panchayat or the zilla parishad on the date of commencement of the karnataka panchayat raj act, 1993, shall stand transferred respectively to the executive officer and the chief executive officer ..... than the secretary required for carrying out the duties imposed upon them under the act. the actual appointment and control of employees of grama panchayat are regulated by section 113 of the act. section 113 of the act could be divided into three parts. sub-section (1) of section 113 of the act deals with appointment of the employees of the grama panchayat and their salaries. sub ..... case for interference by this court and to quash the same.3. chapter v of the karnataka panchayat raj act, 1993 (for short hereinafter referred to as the 'act') deals with staff of grama panchayats and this chapter contains three sections. sections 111, 112 and 113. between these sections, we have to find out who are the employees of grama panchayats, who appoints them, .....Tag this Judgment!
Court : Karnataka
Reported in : 1999(5)KarLJ95
..... in favour of scheduled castes and scheduled tribes in promotional vacancies. the state has enacted a law called 'karnataka scheduled castes, scheduled tribes and other backward classes (reservation of appointments etc.,) act, 1990 (hereinafter referred to as 'the act, 1990'). section 4 of the act, 1990 reads thus.--'4(1) after the appointed day, while making appointments to any office in ..... paswan v state of bihar and others. it is nextly contended that in the absence of any classification of services of the board as made in the karnataka civil services (classification control and appeal) rules, 1957 (hereinafter referred to as 'the rules 1957'), no reservation shall be made assuming that the government notifications regarding reservation in promotional ..... , if the scheme of providing reservation in promotion is in vogue on the date of judgment of supreme court on 16th november, 1992, and it should be continued for a further period of five years subject to the condition that the reserved categories (scheduled caste and scheduled tribe) are not adequately represented in a particular service ..... 'a' of the regulations of the board is as follows: grade 'a'executive member,chief developmentofficerdeputation from commerceand industries department -- rs. 4550-125-5300-150-5600.controller of financeon contract/deputation,scale of pay as fixed by the board from time to time.special deputycommissioneras prescribed by the governmentin revenue department.development officerrs. 3170-90-3350 .....Tag this Judgment!