Court : Karnataka
Reported in : ILR1992KAR3068; 1992(3)KarLJ355
..... 3, 4 and 5': these petitioners 3 to 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, actually there are three eviction petitions, hrc.301/87 ..... has absolutely no power to relax these requirements as to the building line; the exercise of the power by the state government under section 76k of the karnataka town and country planning act, 1961 (for short referred hereinafter as 'tcp act'), is a perversion of the said provision and no other source is pointed out, to the making of these two government orders, which ..... of cities and in the instant case it is all the more necessary having regard to the traffic flow at the place in question. it is also clear that the government has no power to grant any exemption and section 76k of the t.c.p. act nowhere empowers the government to modify the requirements of the zonal regulations.50 mr. santhosh hegde ..... officials of the city corporation made an inspection of the premises, and 'after noticing gross violation of the sanctioned plan and zonal regulations appears to have issued notices of demolition.'24. from the pleadings and other documents, following facts emerge:-(1) undisputedly all the petitioners are rate payers and residents of mangalore city.(2) petitioners 3 to 5 are the tenants .....Tag this Judgment!
Court : Karnataka Dharwad
..... karnataka highways act, 1964. therefore, section 24(2) of the act ex-facie does not apply. secondly, the possession of the land had also been taken long back and awards have 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 ..... namely hubli dharwad bus rapid transport system (for short hdbrts ) was established by the karnataka state under the provisions of the companies act and to develop an eight lane road between these twin cities from unkal lake, hubballi to jubilee circle, dhrawad, to diffuse the severe traffic congestion and facilitate the rapid transport, the land in question was acquired by the ..... 8/36 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. respondent-state under the provisions of karnataka state highways act, 1964 (for short the act ) for the said ..... 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 .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2008KAR4704
..... theatre. in other words, the building laws applicable to other buildings are not applicable to the construction of 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 ..... proper.3. the learned counsel for the appellant sri p.d. surana referred to the provisions of section 11(2) & rule 27(1)(i) (a)(vi) of the karnataka cinema (regulation) act, 1954 & rules and the relevant zonal regulations are extracted hereunder:section 11:- construction or reconstruction of building or use of places for exhibition of cinematograph films only to ..... is more vigorous and rigid than the normal building by-laws. in that view argued that section 11 declares that the conflicting and inconsistent provisions in any other allied enactment is not made applicable for construction of a cinema theatre under karnataka cinema (regulation) act, 1954.5. sri u. abdul khader, learned counsel appearing for b.d.a. ..... or in the proposed commercial zone in any outline 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 .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2005KAR1443; 2005(1)KarLJ373
..... 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 ..... 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 ..... 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, ..... and such appeal shall be decided by them as if it had been filed before them'.(emphasis supplied)8. the aforesaid three sections have to be read together conjointly in order to .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1982Kant113; ILR1981KAR1512; 1982(1)KarLJ28
..... . in international tourist corporation v. state of haryana (air 1981 sc vy4), the supreme court held 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 ..... , 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 ..... the enhancement of such tax by the taxation amendment act, can be regarded as going beyond a proper recompense to the state for the benefits provided to motor vehicular traffic in the shape of roads, bridges and other facilities.24. the petitioners have referred to the statement of objects and reasons appended to the karnataka motor vehicles taxation (second amendment) bill, 1979, which reads ..... . 3 of the act. the proviso to sub-section (1) of section 4 of the taxation amendment act, states that nothing in that section shall apply to motor vehicles other than transport vehicles. transport vehicle as defined in clause (33) of s. 2 of the m. v .....Tag this Judgment!
Court : Karnataka
Reported in : II(2000)ACC312; 2000CriLJ2426; 2000(2)KarLJ477
..... 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, the state government virtually granted permission for more than one person to ..... 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 shall personally ensure that immediate ..... state has been steadily increasing 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 unpardonable. this court has repeatedly ..... particularly school children and young 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 and .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1987KAR2521
..... . proviso to sub-section (4) of section 5, proviso to section 97, proviso to sub-section (2) of section 100 of karnataka village panchayats and local boards act, were inserted by act no. 11 of 1983 with effect from 22-3-83. proviso to sub-section(2) of section 21 of karnataka municipal corporations act was inserted by act no. 13 of 1983 with effect from 24-2-1983. all these acts like zilla parishad ..... the lok sabha 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 to sub ..... be necessary to redetermine the total number of seats in the mandal. section 138 of the principal act provides for the establishment of zilla parishads and their incorporation. what is stated in the section is that for each district there shall be a zilla parishad having jurisdiction, save as otherwise provided in this act, over the entire district, excluding such portions of the district as .....Tag this Judgment!
Court : Karnataka
Reported in : 1999(5)KarLJ95
..... in public sector includes local authority statutory body or corporation. the board has been established and constituted under sections 5 and 6 of the karnataka industrial areas development act, 1966 (hereinafter referred to as 'the act 1966') and therefore the board is a statutory corporation which comes within the expression 'state' as defined in ..... 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 ..... karnataka co-operative societies act, 1959; (ii) an educational institution established or maintained or aided by the state government; (iii) a government company within the meaning of section 617 of the companies act, 1956; (iv) a local authority; (v) a statutory body or corporation established by or under a state or central act, owned or controlled ..... :in government order dated 27-4-1978 and o.m. dated: 24-7-1978 read at (1) and (3) above, provision has been made for reservation in promotion to the persons belonging to sc st under article 16 ..... dated 27-4-1978; 2. o.m. no. dpar 29 sbc 77, dated 1-6-1978; 3. o.m. no. dpar 29 sbc 77, dated 24-7-1978; 4. g.o. no. dpar 22 sbc 79, dated 30-8-1979; 5. circular no. dpar 5 sbc 80, dated 19-1-1980.preamble .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1983Kant237; 1983(1)KarLJ417
..... permitted by law would be valid. we are of the view that section 4 of the act incorporates the same principle.re : point no. iii.68. the uniform land revenue act of 1964 (karnataka act no. 12 of 1964) enacted by the new state repealing the corresponding laws in the integrating areas, came into force on 1- ..... framed rule 29-a which reads thus:-'29a. certain conditions not to apply: notwithstanding anything contained in rule 40 of the karnataka land grant rules, 1969, the provisions of any rule (repealed by the said rule), that the land granted shall not be alienated except to the members of the scheduled castes or ..... not with reference to the conditions imposed in the grant certificates.25. the petitioners have also urged that in respect of grants made before the 1960 land grant rules were promulgated the period of non-alienation had to be computed from the date of grant and not from the date of issue ..... kunigal to take possession of the land.14. writ petition no. 23024 of 1980:-(a) an extent of 2 acres of land in sy. nos. 24/4 and 26/4 of bydagotta village, somwarpet taluk, coorg district had been granted to one harijan uddaraiah who is stated to be the father of respondent ..... (hereinafter referred to as the 1968 rules). rule 40 of the 1968 rules, corresponding to section 6, general clauses act, repeals the land grant rules that were in force in the integrating areas of the new state and saves previous operation of the rules and the actions taken thereunder. as a result of the above, .....Tag this Judgment!
Court : Supreme Court of India
Reported in : II(1984)ACC388; AIR1984SC1244; 1984(1)SCALE709; (1984)3SCC583; 3SCR522; 1984(16)LC1031(SC)
..... , this court held that grant of a temporary all-india tourist permit is foreign to the very concept of all-india tourist permit as envisaged by sub-section (7) of section 63 of the motor vehicles act, 1939 and accordingly an unusually large number of temporary all-india tourist permits obtained pursuant to the interim relief granted by this court were set at ..... refix the quota. the last submission specifically referring to the state transport authority of karnataka was that it has failed to perform its statutory duty by not granting all-india tourist permit in existing 14 vacancies according to the state transport authority and 25 vacancies ..... for augmenting the quota fixed way back in december, 1977. there is considerable force in this submission. we are of the opinion that in view of the fast expanding tourist traffic, the central government must undertake an exercise at regular intervals to re-evaluate the quota of all-india tourist permits to keep pace with developing notion of attracting tourists. we ..... to promote tourism and facilitate movement of tourists, a flat quota of 50 permits for each state completely ignoring the needs of the state, capacity to cater to the tourist traffic, significant number of places of tourist interest, the local population and other relevant factors, is violative of article 14 of the constitution and the central government must be directed to .....Tag this Judgment!