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1 - 9 of 9 (0.60 seconds)Section 4 in Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [Entire Act]
Section 5 in Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [Entire Act]
R. Rudrappa vs Deputy Commissioner, Chitradurga ... on 4 November, 1998
Accordingly, the
judgments of the Karnataka High Court, namely, R.
RUDRAPPA VS. DEPUTY COMMISSIONER, 2000 (1)
KARNATAKA LAW JOURNAL, 523, MADDURAPPA VS. STATE
OF KARNATAKA, 2006 (4) 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.
Order accordingly."
Nekkanti Rama Lakshmi vs State Of Karnataka on 26 October, 2017
In order to buttress his
argument, he has placed reliance on the following
judgment of the Hon'ble Apex Court in NEKKANTI
RAMA LAKSHMI VS. STATE OF KARNATAKA AND
ANOTHER reported in (2020) 14 SCC 232 which is
further reiterated in the case of MR.VIVEK H
HINDUJA AND OTHERS v. MR. ASWATHA AND
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OTHERS reported in (2020) 14 SCC 228. Hence, he
submits that the Assistant Commissioner ought to
have dropped the proceedings under the PTCL Act on
the ground of delay and laches. But on the contrary,
the Assistant Commissioner has allowed the
application and declared the sale deed as null and
void. On appeal, the Deputy Commissioner has
confirmed the order passed by the Assistant
Commissioner. Hence, he submits that the orders of
the Assistant Commissioner and the Deputy
Commissioner are contrary to the law laid down by
the Hon'ble Apex Court and hence, on the grounds
prays to allow the writ petition.
Article 226 in Constitution of India [Constitution]
Pune Municipal Corporation vs State Of Maharashtra & Ors on 26 February, 2007
In PUNE MUNICIPAL CORPORATION V. STATE OF
MAHARASHTRA [(2007) 5 SCC 211] this court
reproduced the following observations with regard
to the declaration of orders beyond the period of
limitation as invalid: (SCC p.226, para 39)
"39. Setting aside the decree passed
by all the courts and referring to
several cases, this court held that if
the party aggrieved by invalidity of
the order intends to approach the
court for declaration that the order
against him was inoperative, he must
come before the court within the
period prescribed by limitation. 'If the
statutory time of limitation expires,
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the court cannot give the declaration
sought for'."
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
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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.
Sri.Ningappa Hanamappa Hebsur vs The Deputy Commissioner on 28 July, 2020
& ORS.,
2017(6) SCALE 459 and also in the case of NINGAPPA
VS. DY. 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. That
action arose under the provisions of a similar Act
which provided for restoration of certain lands to
farmers which were sold for arrears of rent or from
which they were ejected for arrears of land from 1st
January, 1939 to 31st December, 1950. This relief
was granted to the farmers due to flood in the Kosi
River which make agricultural operations impossible.
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
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unreasonably long period and was liable to be
dismissed on that ground.
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