cannot hold an agricultural land in view of the provisions of Sections 79B and 80 of the Karnataka Land Reforms Act (in short referred ... barred to hold land in view of the provisions of Sections 79B and 80 of the Act. In this connection, he relied on the judgment
supplied sugarcane for the relevant period to the Karkhana.
14. Section 79B(1) of the said Act provides that where any producer -member ... bound to comply with such direction.
16. Plain reading of Section 79B of the said Act, therefore, would reveal that the Registrar, before issuing
have acquired any
agricultural lands, since there is a prohibition under
Section 79B of the Karnataka Land Reforms Act.
Either defendant No.1-Trust ... Section 23 of the Indian Contract Act,
and also when there is a specific Bar under Section 79B of
the Karnataka Land Reforms
apply in the cases falling under Section 81 . Section 81(b)(ii) excludes the provisions of Section 79B "to the mortgage ... determined under Section 72 . By virtue of Section 73(2) , provisions of Sections 48B and 50 are attracted to this situation. Section 50 provides
answer lies in sub- section 2 of Section (1) of Act No.56 of
2020. Sub- section 2 of Section ... into effect from 1st March 1974.
Section 5 of Act No.56 of 2020 has omitted Section 79B
with effect from 1st March 1974. Section
Section 104 reads as under:
"104. Plantations: The provisions of section
38 , section 63 other than sub-section (9)
thereof, Ss.64, 79A, 79B ... Section 104 of the Act, exempts plantations from
provision of Section 63 of the Act, other than Sub-
Section (9) thereof Sections 64 , 79A , 79B
company inter alia to hold `any land'. Further sub-
section (2) of Section 79B states that the company
which holds lands on the date ... State Government under that
section an amount as specified in Section 72 shall
be paid. Explanation to Section 79B states that for
the purpose
Omission of sections 79A .- In the Principal
Act, section 79A shall be omitted.
6. Omission of sections 79B .- In the Principal
Act, section 79B shall ... provisions are retrospective in nature, since
Section 2 expressly provides and contemplates that
provisions of Sections 79A , 79B and 79C , which stand
omitted
lands
as defined under Section 2(18) of the Act and
therefore, Sections 79A and 79B of the Act or the
provisions of the Karnataka ... land in Section 2(18) of the
Act. Therefore the 2nd petitioner's action in invoking
Sections 79A and 79B against the respondents
subsequent to 1-3-1974 in view of the bar under Section 79B of the Karnataka Land Reforms Act, 1961 ('the Land Reforms ... person continues till the date of the declaration under Sub-section (3) of Section 79B. When the statute says that the Deputy Commissioner shall declare
