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Judgment Search Results Home > Cases Phrase: the punjab infrastructure development regulation act 2002 Court: karnataka Page 1 of about 39 results (0.073 seconds)

Mar 31 2009 (HC)

Mspl Limited, Rep by Its Executive Director. Vs. the State of Karnatak ...

Court : Karnataka

Reported in : 2009(1)KCCR5(SN)

..... an activity which will have a direct bearing on the working of even the biological diversity act, 2002.141. the state government, which is the same government whether it acts under the mines & minerals [development & regulations] act, 1957 or the karnataka forest act, 1963 or even forest [conservation] act, 1980, appears to have lost sight of its role and responsibility under the conservation ..... the matter of exercise of its statutory powers not only under the provisions of the mines & minerals [development & regulations] act, 1957, but more importantly in the context of the karnataka forest act, 1963 and forest [conservation] act, 1980, environmental protection act, 1986 and other allied acts, the state government appears to have failed to discharge its statutory responsibility under these enactments.123. what ..... all his actions taken in the name of the governor in relation to the department of which he is the head.70. in shamsher singh v. state of punjab (1974) 2 scc 831: (air 1974 sc 2192), a bench of seven judges of this court had held that under the cabinet system of government as embodied ..... the principle of `the polluter pays', this court awarded damages for causing deforestation and directed development of eco-friendly environment,125. mining operations, though detrimental to forest growth, are part of layout of the industry, provision should be made for investment or infrastructural planning to reforest the area; and to protect environment and regenerate forest. the ministry .....

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Nov 25 2005 (HC)

The Commissioner, Bangalore Development Authority and anr. Vs. State o ...

Court : Karnataka

Reported in : ILR2006KAR318; 2006(1)KarLJ1

..... constitution, on the constitution of the bangalore metropolitan planning committee under sub-section (1) of section 503-b, the bangalore metropolitan region development authority act, 1985 (karnataka act 39 of 1985) shall stand repealed. thus, the existing law which was contrary to part ix-a is repealed. therefore, there is ..... in the interest of the public, confers on it powers for implementing their duties satisfactorily and also empowers them to make bye-laws for regulating its various functions. both these authorities fall within the definition of municipality under part ix-a of the constitution and these two laws are ..... government made a promise to all the investors to invest in karnataka and they would provide the necessary infrastructures, such as land, power, water supply and other concessions and incentives. acting on the said representation the first petitioner made a request for 53 acres of land to set up ..... , assailing the said finding contended that the said finding is contrary to the law declared by the supreme court in the case of state of punjab v. nestle india limited and anr. : [2004]269itr97(sc) and submits that the plea of promissory estoppels is available against the government. on ..... such minor mistakes without placing the subject before the authority the said mistake was rectified. similarly, in the resolution passed on 10-10-2002 the hebbal-nagavara villages had not been included and they were included in the scheme pending ratification by the authority as it is only .....

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Jan 24 2006 (HC)

H.G. Sheela Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2006(3)KarLJ24

..... and bring the law into ridicule.12. cdp is prepared under section 19 of the kt and cp act keeping in view the objects of the said act. the objects of the act are.-an act to provide for the regulation of planned growth of land use and development and for the making and execution of town planning schemes in the state of karnataka.whereas, it ..... -m. in paragraph 8 of the writ petition the petitioners have highlighted their project as hereunder:8. the petitioners submit that the state high level committee has agreed to provide infrastructural facilities on concession under certain terms and conditions. the bescom has agreed to provide 20,000 kva power supply to the petitioner subject complying with the provisions of kerc code ..... from the original record, the findings and reasons recorded by this court on the above points. in this regard, it is necessary to refer to the following decision.-state of punjab and anr. v. gurdial singh and ors. : [1980]1scr1071 :9. the question then, is what is mala fides in the jurisprudence of power? legal malice is gibberish unless juristic clarity ..... in accordance with the observation made by the apex court in the case of kanaka gruha nirmana sahakara sangha, bangalore v. smt. narayanamma (since deceased) by l.rs and ors. : [2002]supp3scr97 . the said agency has different constituent members, who have got specialization in the filed of technical, industrial, planning and environmental. the board has got associated itself in the deliberations .....

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Apr 09 2009 (HC)

Sri Poojari Peddanna Vs. the State of Karnataka Rep. by Its Secretary, ...

Court : Karnataka

Reported in : ILR2009KAR1789; 2009(5)KarLJ556

..... land can be acquired for establishing the industrial area and industrial estate under the kiad act. incidentally thereto or in furtherance of the main object of industrial development, land can also be acquired for creating the amenities and industrial infrastructural facilities. but the same has to be for the development of industries, which are already established in the industrial area. similarly, for the ..... the respondent no. 1 and 2 would not have resorted to acquiring the land in question and allotting it to the third respondent. the regulation 4(c) of kiad regulations, 1969 (hereinafter called 'the said regulations' for short).the regulation 4(c) reads as follows:4. form of application:(a) xxx xxx(b) xxx xxx(c) applications which arc either incomplete or not ..... the gazette and newspaper, the question of considering his objections to the acquisition does not arise at all.(vii) as per section 6(2) of the karnataka industries (facilitation) act, 2002, the single window clearance committee is required to consider the proposals for putting up fresh projects. if the proposal is for the expansion of the existing project, single window ..... application of mind. in this regard, it is profitable to refer to the following judgments of the hon'ble supreme court:in the case of devinder singh v. state of punjab (supra), it is held as follows:33. when an order is passed without jurisdiction, it amounts to colourable exercise of power. formation of opinion must precede application of mind .....

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Apr 15 2005 (HC)

Sharadamma and ors. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : ILR2005KAR3710; 2005(4)KarLJ481

..... the government to these figures relating to requirement of land for the scheme.(iii) under section 16 of the bda act, every development scheme shall provide for the infrastructure mentioned therein. it is no doubt true that in the scheme bda has provided for infrastructures like water, electricity, civil amenities etc. but, it is not mentioned how the bangalore water supply and sewerage board ..... of the fact that the federal congress has already legislated upon that matter, or by reason of its silence is to be construed as indicating that there should be no regulation, the act does not need to be re-enacted in order to be enforced, if this cause of its unconstitutionality is removed'. for the former proposition, the decision in newberry v ..... ors. : [1966]3scr885 ; state of gujarat v. shantilal mangaldas and ors. : [1969]3scr341 ; smt. venkatamma v. city improvement of trust board, mysore and ors. : air1972sc2683 ; sarwan singh v. state of punjab : [1975]2scr1007 ; pathumma and ors. v. state of kerala and ors. : [1978]2scr537 ; state of karnataka and anr. v. ranganatha reddy and anr. : [1978]1scr641 ; state of tamil nadu v ..... the extent shown in the final notification etc. the details of the same are as under:(a) note put up and resolution passed on 3000 acressubject no. 228 of 2002, dated10-10-2002 for issuing preliminarynotification:(b) total extent of land shown in 3339 acrespreliminary notification(c) subsequently modified to 3839 acres(d) difference in acreage 509 acres(e) note put up .....

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Jan 07 2009 (HC)

S.V. Sreenivasulu S/O Late S.V. Chetty and ors. Etc. Etc. Vs. the Stat ...

Court : Karnataka

Reported in : ILR2009KAR1565:2009(2)KCCR898:2009(2)AIRKarR526

..... petitioners, the mining leases sanctioned by the state government in the first instance prior to 1980, were under the mines and minerals (development and regulation) act 1957, for short mmrd act and mineral concession rules 1960, for short rules of 1960.5. in view of the directions of the apex court in t ..... in favour of the lessees, subject to payment of lease rent and supervision charges, amongst other conditions such as payment of royalty, forest development tax and other taxes as per the prevailing rates, to the forest department. neither the orders impugned nor the statement of objections filed by ..... are apportioned and collected. the reason is that the imposition has not for its object the raising of revenue but looks rattier to the regulation of relative rights, privileges and duties as between individuals, to the conservation of order in the political society, to the encouragement of industry, ..... 1997 and after securing the approval of the central government under section 2 of the forest conservation act 1980, renewed the leases subject to certain conditions. the petitioners having invested money, labour, infrastructure and left with no alternative, entered into lease agreements drawn up in accordance with form no. ..... legislature, in the light of the reported opinions of the apex court in the cases of rai saheb ram jawaya kapur and ors. v. state of punjab air 1995 sc 549; m.r. balaji v. state of mysore : air1963sc649 ; state of andhra pradesh and anr. v. lavu narendranath and ors. .....

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Oct 08 2004 (HC)

In Re: Maharashtra Apex Corporation Ltd.

Court : Karnataka

Reported in : [2005]124CompCas637(Kar); (2005)5CompLJ78(Karn); [2005]57SCL305(Kar)

..... bank ltd. v. union of india [2004] 120 comp. cas. 184, dealing with a scheme of amalgamation under section 45(7) of the banking regulation act under which all the depositors were to get only 9.037 per cent and they were required to surrender fixed deposit receipts in return, the depositors opposed ..... said orders and they have invested money. as the company's financial position is crippled and as there are no signs of revival, as the entire infrastructure has collapsed, therefore, the scheme propounded by the company is sham. hence it has to be rejected. many of the creditors have not received notice. ..... exercised only for the purpose of determination or adjudication of any right or interest claimed. the power seems absolute and of the widest amplitude. subsequent developments can also be taken a into account for considering desirability of the modification. a scheme can be modified by the court either at the time of ..... of the valid votes and out of the same whether the resolution has been passed with three-fourths majority....' (p. 436)31. the full bench of the punjab & haryana high court in the case of swift formulations (p.) ltd., in re [2004] 121 comp. cas. 27, 53 scl 433. dealing with the ..... clause 9 be subscriptions for bonds/deposits received and pending substituted as allotment/renewal and/or accepted/renewed by the company on or after 1-4-2002 shall be refunded in full on or before 31-3-2003 pending sanction. no interest shall accrue or be payable on such subscription for bonds .....

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Mar 12 2012 (HC)

V. A. Narasimha Reddy and Others Vs. Government of Karnataka, Urban De ...

Court : Karnataka

..... placed on record to show that the layout plan is approved by the government. several laws related to greenbelt area. comprehensive development plan, bangalore- mysore infrastructure corridor area, minor forest area etc are violated. there may be several other illegalities and acts of abuse of power which are not brought on record. the key attributes of good governance liked transparency, responsibility and accountability ..... dismissed. in support of this contention reliance is placed on some decisions. i decline to accept this contention of learned counsel for the respondents. the supreme court in state of punjab versus gurudayalsingh (1980)2 scc 471 held as under:legal malice is gibberish unless juristic clarity keeps it separate from the popular concept of personal vice. pithily put, bad faith ..... , the land owners and the general public will be under the impression that the same is for a genuine public purpose, rules, regulations and procedure is followed. at a later stage, if it comes to light that rules, regulations and procedure is not followed, no uniform policy is adopted, pick and choose policy is adopted and for extraneous considerations some lands are ..... 6 in survey no. 226 of b.m. kaval village measuring 10.12 acres and 5.12 guntas was proposed to be acquired in the preliminary notification dated 07.11.2002. but in the final notification dated 09.09.2003 the land in survey no. 226 came to be left out. but, surprisingly, respondent nos. 2 and 3 executed two registered .....

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Mar 28 2012 (HC)

M/S Prime Industries, Bangalore, Rep. by Its Partner Manish Agarwal Vs ...

Court : Karnataka

..... ltd., in re [(2009) 150 comp case 280 (all)] wherein conditions were imposed on arcil is also relied upon. further, the decision in the case of haryana state industrial and infrastructure development corporation vs- haryana concast ltd. and another [(2010) 158 comp case 168 (p and h) (db)] is relied. the said decision is more exhaustive wherein the above cited two decisions ..... made thereunder shall be in addition to, and not in derogation of, the companies act, 1956 (1 of 1956), the securities contracts (regulation) act, 1956 (42 of 1956), the securities and exchange board of india act 1992 (15 of 1992), the recovery of debts due to banks and financial institutions act, 1993 (51 of 1993) or any other law for the time being in force ..... mysore, bank of baroda and icici bank, has exercised its right under section 13 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (hereinafter referred to as the sarfaesi act). in that context, the second respondent herein had objected to the passing of the winding up order. but, this court on holding that the secured creditors ..... laid down by the honble supreme court in rajasthan financial corporations case (supra) while considering the provision of rddb act.19. the learned counsel for the applicant has relied on the decision of the division bench of the punjab and haryana high court, in the case of dhir and dhir asset reconstruction and securitization co. ltd. vs- air liquide north .....

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Jul 05 2002 (HC)

Poornaprajna Education Centre, Belur Vs. Pushpa

Court : Karnataka

Reported in : 2002(5)KarLJ161

..... with the mandatory and statutory duty, as provided under the above said provisions of the act then the termination order is a nullity in the eye of law as has been held by the supreme court in the case of punjab land development and reclamation corporation limited, chandigarh v. presiding officer, labour court, chandigarh and ors ..... the similar provision of rule similar to the above said rule has fell for consideration before the supreme court in the case of state of punjab, supra, wherein the supreme court has categorically held at paragraphs 8 and 9 that if the probation rules are silent regarding the confirmation of period ..... employee; the said finding is in conformity with rule 7 of the rules 1978 and the decision of the supreme court in the case of state of punjab v. dharam singh, : [1968]3scr1 which has been reiterated by the supreme court in the case of karnataka state road transport corporation and anr. v ..... . rule 7 of the rules, 1978 has got application to this case in view of sub-section (3) of section 146 of the act, 1983. the act, 1983 came into force with effect from 20-1-1995. as on the date of the appointment order, the state government has framed the ..... discharging duties under all or any provisions of this act; or (ii) for such other purposes to carry out the object and purposes of this act, with regard to any area, class of institutions as the case may. the state government has already the existing infrastructure in its education department, and therefore, the existing .....

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