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1 - 10 of 20 (0.24 seconds)Section 4 in Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [Entire Act]
Article 226 in Constitution of India [Constitution]
Article 227 in Constitution of India [Constitution]
Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978
R. Rudrappa vs Deputy Commissioner, Chitradurga ... on 4 November, 1998
NC: 2026:KHC-D:3031
WP No. 110072 of 2025
AND CONNECTED MATTERS
HC-KAR
and was liable to be dismissed on that
ground. Accordingly, the judgments of the
Karnataka High Court, namely, R.
Rudrappa vs. Deputy Commissioner, 2000
(1) Karnataka Law Journal, 303 and G.
Maregouda vs. The Deputy Commissioner,
Chitradurga District, Chitradurga and Ors,
2000(2) Kr. L.J.Sh. N.4B holding that
there is no limitation provided by Section
5 of the Act and, therefore, an application
can be made at any time, are overruled.
......"
Ningappa S/O Bheerappa Purad vs Deputy Commissioner, Haveri District on 26 July, 2023
NC: 2026:KHC-D:3031
WP No. 110072 of 2025
AND CONNECTED MATTERS
HC-KAR
to make an application for having the
transfer annulled as void under Section 4
of the Act. This section does not prescribe
any period within which such an
application can be made. Neither does it
prescribe the period within which suo
motu action may be taken. This Court in
Chhedi Lal Yadav & Ors. vs. Hari Kishore
Yadav & Ors., [2017 (6) Scale 459] and
also in the case of Ningappa vs. Deputy
Commissioner & Ors. [C.A. No. 3131 of
2007, decided on 14.07.2011] reiterated
a settled position in law that whether
statute provided for a period of limitation,
provisions of the statute must be invoked
within a reasonable time. It is held that
action whether on an application of the
parties, or suo motu, must be taken
within a reasonable time.''
(para 8)
4.3.2 It was further stated,
"An application for restoration was
made after 24 years and was allowed. It
is in that background that this Court
upheld that it was unreasonable to do so.
We have no hesitation in upholding that
the present application for restoration of
land made by respondent Rajappa was
made after an unreasonably long period
Union Of India vs N Murugesan on 7 October, 2021
4.7 From the decision of the Supreme Court in
Union of India vs. N. Murugesan [(2022) 2 SCC
25], the Division Bench highlighted the nice
distinction between 'delay and laches', as against
'limitation'. It was observed that the 'limitation' is
a prescription of time for taking an action as
contemplated by the legislature, whereas the
concept of 'delay and laches' has a different
connotation to operate.
Article 12 in Constitution of India [Constitution]
Chhedi Lal Yadav(D) Thr. Lr. And Ors. vs Hari Kishore Yadav (D) Thr. Lrs. And Ors. on 12 September, 2017
"8. However, the question that arises is with
regard to terms of Section 5 of the Act which
enables any interested person to make an
application for having the transfer annulled as
void under Section 4 of the Act. This Section
does not prescribe any period within which
such an application can be made. Neither
does it prescribe the period within which suo
motu action may be taken. This Court in the
case of Chhedi Lal Yadav & Ors. vs. Hari
Kishore Yadav (D) Thr. Lrs.