Karnataka Court April 1969 Judgments
Mysore Co-operative Society Ltd. Vs. Commissioner of Income-tax Mysore
Court: Karnataka
Decided on: Apr-30-1969
Reported in: [1970]75ITR445(KAR); [1970]75ITR445(Karn)
Somnath Iyer, J.1. These two references, one of which relates to the assessment year 1961-62, is made to this court under section 66(1) of the Indian Income-tax Act, 1922, and the other, which relates to the assessment year 1962-63, under section 256(1) of the Income-tax Act, 1961, involves the interpretation of the expression 'urban consumers' co-operative society' occurring in the relevant law which was then operating. The assessee is a co-operative society called the Mysore Co-operative Society Ltd., which carried on the business in banking and trading operations and other activities. During the relevant previous years it derived interest on securities and income from its properties, in respect of which, it claimed an exemption under section 14(3)(iv) with respect to the assessment year 1961-62 and under section 81(v) in respect of the assessment year 1962-63. Section 81(v) of the Indian Income-tax Act, 1961, which will be referred to as the 'new Act', corresponds to section 14(3) o...
Tag this Judgment!Basalingappa Gowda and ors. Vs. Nagamma and anr.
Court: Karnataka
Decided on: Apr-16-1969
Reported in: AIR1969Kant313; AIR1969Mys313; (1969)1MysLJ613
ORDER1. After making an award fixing compensation payable in respect of 5 acres and 36 guntas of wet land in survey No. 2 of Amachi village, Hosanager Taluk, the Special Land Acquisition Officer made a reference to the Court of the Civil Judge at Shimoga under Sections 18 and 30 of the Land Acquisition Act. Before the said officer the person in whose name the Khata of the land stood, viz, Basalingappa Gowda claimed that the entire compensation should be given to him, the sons said that they were also entitled to a share. No documents were produced by either of them, but it was suggested that the relevant documents were filed in some Civil Court in connection with a dispute as to title pending adjudication by that Court. It is this difference of opinion between the father and the sons as to the person entitled to receive the compensation that necessitated a reference to the Court under Section 30 for apportionment.2. Before the Court, Nagamma W/o Basalingappa Gowda, made an application ...
Tag this Judgment!international Cotton Corporation (P) Ltd. Vs. Bank of Maharashtra and ...
Court: Karnataka
Decided on: Apr-11-1969
Reported in: [1971]41CompCas226(Kar)
Sadanandaswamy, J.1. These two appeals are filed against an order made by the learned company judge on Company Application No. 143/67 and No. 20 of 1968 in Company Petition No. 4 of 1967 in the matter of Sree Yellamma Cotton, Woollen & Silk Mills Company Ltd. (in liquidation). The appellant in O.S.A. No. 9/68 is the International Cotton Corporation (Private) Ltd. an unsecured creditor; respondent No. 1 is the Bank of Maharashtra Ltd., Poona which claims to be a secured creditor, and the second respondent is the official liquidator. The Bank of Maharashtra Ltd. filed Company Application No. 143/67 preen for permission to continue to retain its possession of the properties mortared to it and to allow it to remain outside the within up proceedings and to enforce its rights as mortared. The Company application No. 20/68 was filed by the official liquidator praying for an order declaring that the motes and hypothecations by the company of this properties in favour of the bank are invalid an...
Tag this Judgment!State of Mysore Vs. M.N. Vasantha Kumar
Court: Karnataka
Decided on: Apr-11-1969
Reported in: 1969CriLJ1299
K. Bhimiah, J.1. The State has filed the above appeal against the order of acquittal of the respondent passed by the Sessions Judge, Coorg Mercara, in S.C. No. 2 of 1967, The respondent was tried for offences under Sections 302 and 201, Penal Code. There is a criminal petition also filed by the State under Section 561 A of the Code of Criminal Procedure for expunging adverse remarks passed by the Sessions Judge in paragraphs 16, 19, 20, 45, 46 and 48 of the judgment under appeal. As both these matters are connected, they are clubbed and heard together and disposed of by common judgment.2 The allegation against the respondent (accused) is that on 11-8.1966 at 5 P. M. at Mcolegadde in Charangala village, he caused the death of his brother, Montana MalMallayya by inflicting injuries with a bill hook and knowing that an offence under Section 302, Penal Code punishable with death or imprisonment for life was committed, caused the evidence of the said offence disappear by concealing the dead...
Tag this Judgment!Gowra Subraya Setty and Sons Vs. Yellamma Cotton Woollen and Silk Mill ...
Court: Karnataka
Decided on: Apr-10-1969
Reported in: [1970]40CompCas466(Kar)
1. The judgment of the court was deliver by GOVINDA BHAT J. - This appeal under section 483 of the Companies ACt 1956 (hereinafter called the 'act'), is directed against the order of Pai J. dated the 4th Day of November, 1968, made in Company Application No. 154 of 1968 in Company Petition No. 4 of 1967, refusing leave to the applicant before him who is the appellant before us under section 446 of the Act to prosecute and continue O.S.No. 30 of 1967, on the file of the Court of the Subordinate Judge, Adoni, Kurnool District, Andhra Pradesh, in which the respondents are the defendants. 2. The matter arises in this way: The appellant a firm of merchants dealing in yarn with the place of business in Adoni, had dealings with the Yellamma Cotton, Woollen & Silk Mills Co. Ltd., Davanagere. They were advancing money to the company towards or on account of yarn to be supplied to them. As a result of the said transactions, the company is said to have become indebted to other appellant in a sum ...
Tag this Judgment!M. Shivarama Bhat and anr. Vs. Mahabala Bhatt Muliya and ors.
Court: Karnataka
Decided on: Apr-08-1969
Reported in: AIR1970Kant45; AIR1970Mys45; (1969)2MysLJ284
ORDER1. These three revision petitions arc directed against the common order disposing of three interlocutory applications m a partition suit, Original Suit No. 75 of 1964 on the file of the Civil Judge, Mangalore. 2. The suit was filed by the first respondent Mahabala Bhatt as plaintiff against his father Ramachandra Bhat (Petitioner), his brothers Shama Bhat and Shivarama Bhat (Respondents 2 and 3) and the said Shama Bhats two sons Ramachandra Bhat and Ramakrishna Bhat, -- arrayed as defendants 1 to 5 respectively (Vide G. R. P, 537/67). 3. Immediately on filing the suit, the first respondent (plaintiff) made an application for appointment of a Commissioner to prepare an inventory of moveables and jewellery in the family house together with valuation thereof and also to make an estimate of the yield of an areca garden belonging to the family situated within a particular survey number specified in the application. To that application, he made only defendants 1 and 2 parties as respond...
Tag this Judgment!N.G.E.F. Ltd., Byappanahalli Vs. Industrial Tribunal and anr.
Court: Karnataka
Decided on: Apr-03-1969
Reported in: AIR1970Kant149; AIR1970Mys149
Tukol, J.1. This is a petition under Arts. 226 and 227 of the Constitution of India for the issue of a writ of certiorari quashing the order passed by the Industrial Tribunal in Mysore, Bangalore (Res. No. 1) on November 20, 1967, and for a writ of mandamus or other appropriate direction to the first respondent to issue modified Standing Orders in conformity with the order passed by that authority in appeal No. 3 of 1966. 2. The petitioner company is an industrial establishment with more than 100 workmen as its employees coming within the purview of the Industrial Employment (Standing Orders) Act 1946 (hereinafter referred to as the Act). The petitioner submitted its draft Standing Orders to the Certifying Officer on December 16, 1964, for certification as required by Section 3 of the Act. The Certifying Officer heard the petitioner and the workmen (respondent No. 2) and certified the Standing Orders on February 23, 1966. Against the certification, the petitioner as well as respondent ...
Tag this Judgment!M.R. Pundarkakshappa and anr. Vs. the Molakalmuru Taluk Development Bo ...
Court: Karnataka
Decided on: Apr-02-1969
Reported in: AIR1970Kant7; AIR1970Mys7; (1969)2MysLJ320
Gopivallabha Iyengar, J.1. These two writ petitions are heard together as the questions raised in the two proceedings are identical.2. The petitioner in each of these petitions is a member of the Taluk Development Board of Molakalmuru and Chitradurga respectively. In each of these the third respondent is a member of the Mysore Legislative Assembly; one from Molakalmuru Constituency and the other from Chitradurga Constituency. In connection with the election of President and Vice President to the Taluk Development Boards, notices have been served on the third respondent in each of these cases. The petitioner complains that under Section 96 (2) of the Mysore Village Panchayats and Local Boards Act, 1959 (hereinafter referred to as the Act), the Taluk Development Board of Challakere and Molakalmuru in one case and Chitradurga Hiriyur in another case have sent notices to the third respondent to participate in the first meeting and in the election of President and Vice President of the Talu...
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