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1 - 10 of 21 (0.22 seconds)Section 2 in Karnataka Municipalities Act, 1964 [Entire Act]
Karnataka Municipalities Act, 1964
Section 72 in Karnataka Municipalities Act, 1964 [Entire Act]
The Limitation Act, 1963
The Code of Civil Procedure, 1908
Section 3 in The General Clauses Act, 1897 [Entire Act]
The General Clauses Act, 1897
Section 31 in The Limitation Act, 1963 [Entire Act]
Kshitish Chandra Bose vs Commissioner Of Ranchi on 6 February, 1981
17. This Sub-section (2) of Section 81 assumes
significance in the light of the fact that even if the
Municipality were to sell the property belonging to the
Municipality in favour of anybody, prior permission of the
Government is required. On a combined reading of Sub-
section 2 of Section 81 and judgment of the Apex Court
rendered in Kshitish Chandra's case and the ultimate power
of the Government in according permission to the
Municipality in case it wants to grant or sell the property of
the Municipality, this Court is of the considered opinion that
the trial Court has committed a serious error in coming to the
MSA No.652/2013
13
conclusion that the property in question is not a Government
property for all practical purposes. Hence, the order of
remand is not justifiable. The interpretation of the words
'State Government and Local authorities' as done by the First
Appellate Court is not based on the other relevant provisions
found in Karnataka Municipalities Act, 1964 and hence, the
order of remand needs to be set aside and the judgment of the
trial Court will have to be confirmed.