Karnataka Court December 1970 Judgments
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Chamu Nemappa Gotadki Vs. N.H. Nesarikar, Since Deceased by His L. Rs.
Court: Karnataka
Decided on: Dec-23-1970
Reported in: AIR1971Kant275; AIR1971Mys275; (1971)1MysLJ302
Honniah, J. 1. The question referred to us is 'Whether Section 2 (1) of the Mysore Rent Control Act, 1981 (Mysore Act No. XXII of 1981) in so far as it applies to Parts I and VII of the said Act to the Belgaum Cantonment area and Sub-sections (2) and (3) of Section 2 of the said Act, which bring into force at once Parts II, III and Parts IV and V of the said Act in Belgaum Cantonment area, and Section 2 (5) which authorises the State Government to extend the provisions of Parts II to VI to any other area in the State of Mysore from such date as may be specified in the notification, in so far as it effected the Belgaum Cantonment area, is beyond the legislative competence of the Mysore State Legislature, for the reason that the subject-matter covered by the said Mysore Act is within the exclusive competence of the Union Parliament by virtue of Article 246 read with Entry 3, in List I of the Seventh Schedule of the Constitution of India so far as Belgaum Cantonment area is concerned?' 2...
Gajanan Chintaman Deshpande and ors. Vs. Karnatak Glass Industries and ...
Court: Karnataka
Decided on: Dec-18-1970
Reported in: AIR1971Kant241; AIR1971Mys241; (1971)1MysLJ200
Malimath, J.1. This is a plaintiffs regular first appeal against the decree passed by the Civil Judge, Senior Division, Belgaum, in Special Suit No. 67 of 1953. The respondents are the original defendants 1 and 2. Defendant-1 executed two mortgage deeds in favour of the plaintiff on 24-12-1946 and 26-7-1947 mortgaging its properties and borrowed certain amounts from the plaintiff. Defendant-2 who had no interest in the mortgage properties gave a personal guarantee and became a surety for the discharge of the mortgage debt of defendant-1. The plaintiff brought the suit against both the defendants. The learned Civil Judge, Senior Division, Belgaum, made a preliminary decree on 20-11-1954 under O. 84, Rule 4 of the Code of Civil Procedure. The preliminary decree gave six months time to pay the decretal amount failing which the plaintiff was entitled to make an application for a final decree under Order 34, Rule 5 C. P. Code, The suit against defendant 2 was dismissed.The plaintiff preferr...
Pyareian Vs. the State of Mysore
Court: Karnataka
Decided on: Dec-18-1970
Reported in: 1972CriLJ404
ORDERC. Honniah, J.1. The question in this case is whether the accused drove the vehicle in a public way in a manner so rash or negligent as to endanger human life or to be likely to cause hurt or in-jury to any other person.2. The facts which are not in dispute are these : On 5-3-1969 Bhimanna (P. W. 1) was driving his taxi bearing No. MYD 7866 from the side of Tumkur to Bangalore in the National High Way at about 11 p. m. When he came near the village called Peenva. which is close to Bangalore, he saw a lorry coming from the opposite direction. P., W. 1's evidence is that he slowed down the speed of his car because of the lorry corning from the opposite direction and shortly thereafter, the accused, who was driving the M. S. R. T. C. bus bearing No. M, Y. F. 6383 came from behind and dashed against the right rear portion of the car causing damage.3. According to the, accused, when he was proceeding towards Bangalore and when he came near Peenya village, he saw the taxi in question st...
V. Narayanachari Vs. the Commissioner and the Returning Officer, Corpo ...
Court: Karnataka
Decided on: Dec-14-1970
Reported in: AIR1971Kant186; AIR1971Mys186; (1971)1MysLJ225
Narayana Pai, C.J.1. The petitioner was one of the candidates for election to the City of Bangalore Municipal Corporation from the 43rd Division. He presented his nomination paper on the 21st of November, 1970, According to the calendar of events relating to the election, the last date for presentation of nomination papers was the 23rd November, 1970 and the date fixed for scrutiny of the nomination papers was the 25th of November. 1970. At the scrutiny M. Obanna Raju, another candidate for election from the same Division (Impleaded as the 8th respondent in this Writ petition,) raised an objection to the reception of the nomination paper of the petitioner on the ground that the petitioner had not paid the property tax payable to the Corporation by him in respect of his property in Division No. 43. The petitioner produced a receipt for payment of taxes made by him at 3.30 P. M. on the same day, viz., the 25th of November, 1970. According to the receipt, payment made was of taxes for the...
G. Basappa Son and Co. Vs. Commercial Tax Officer, Tumkur
Court: Karnataka
Decided on: Dec-10-1970
Reported in: [1975]35STC483(Kar)
ORDERGovinda Bhat, J.1. The petitioner is an assessee under the Mysore Sales Tax Act, 1957. Some of the account books, documents and loose papers of the assessee for the periods 1961-62 to 1965-66 were seized by the Commercial Tax Officer, Intelligence, Bangalore, in the year 1967 and then they were forwarded to the Commercial Tax Officer, Tumkur, who is the assessing authority. The petitioner filed returns for the three years ended on 31st March, 1965, 31st March, 1966, and 31st March, 1967. The assessing authority called upon the petitioner to produce his account books in support of his returns. The petitioner submitted to the assessing authority that unless the account books and other papers seized from him by the Commercial Tax Officer, Intelligence, Bangalore, were returned he was not in a position to produce his account books in support of the returns. After protracted correspondence on this matter, the assessing authority issued a proposition notice to the assessee who was asked...
S.S. Navalgi Vs. Commercial Tax Officer, Jamkhandi
Court: Karnataka
Decided on: Dec-10-1970
Reported in: (1971)2MysLJ653; [1971]28STC580(Kar)
ORDERJagannatha Shetty, J.1. The petitioner in these writ petitions is common. He was a partner of a firm Messrs S. B. Navalgi which was an assessee under the Mysore Sales Tax Act, 1957 (hereinafter termed as the 'Act'). That partnership was constituted under a deed dated 16th November, 1960, in which there was no provision made either for the duration or for the determination of the partnership, and that was, therefore, a 'partnership at will'. On 28th July, 1961, one of the partners, S. B. Navalgi passed away. There was no contract express or implied to continue the partnership after the death of a partner. So, the firm stood dissolved under Section 42(c) of the Partnership Act, with effect from 29th July, 1961. 2. For the year ending 31st March, 1960, the respondent passed assessment order dated 30th November, 1962, in the name of the dissolved firm. Like assessment orders were also passed on the same date for the years ending 31st March, 1961, and 31st March, 1962. The validity of ...
The Indian Mutual General Insurance Society Ltd., Mount Road, Madras b ...
Court: Karnataka
Decided on: Dec-10-1970
Reported in: AIR1971Kant207; AIR1971Mys207; (1971)1MysLJ300
Honniah, J. 1. On 3-1-1984 at about 3-45 p. m. near Vomanjoor on Mangalore-Gurpur Road, there was a collision between Motor Lorry bearing No. MYK 4985 and Estefan Minezes as a result of which he sustained injuries and died on 5-1-1964 in the hospital. His wife and three children filed an application under Section 110-A of the Motor Vehicles Act, claiming compensation of Rs. 15,000/- before the Motor Accidents Claims Tribunal, Mangalore. The vehicle in question had been insured, as required under the Motor Vehicles Act with the Indian Mutual General Insurance Society Ltd., Mangalore. The insured and the insurer were both made parties to the proceedings. After trial, the Tribunal came to the conclusion that due to the negligence on the part of the driver of the vehicle, the collision took place as a result of which Estefan Minezes died. The Tribunal awarded compensation of Rs. 8,850/- in all, to the claimants. Against this decision, the owner of the vehicle has not preferred any appeal, ...
M.i. Ishaque Yakub and Co. and ors. Vs. Commercial Tax Officer, I Circ ...
Court: Karnataka
Decided on: Dec-09-1970
Reported in: [1971]27STC335(Kar)
ORDERGovinda Bhat, J. 1. These writ petitions are directed against the five assessment orders dated 31st March, 1970, made by the respondent under the Central Sales Tax Act, 1956, hereinafter called the Act, assessing the petitioners to tax for the year ended on 31st March, 1965. The petitioners are dealers in hides and skins. Their turnover in inter-State sales was not liable to tax under the Central Sales Tax Act, 1956, in view of the decision of the Supreme Court in State of Mysore v. Yaddalam Lakshminarasimhiah Setty & Sons : [1965]2SCR129 . After the Act was amended by the Central Act 28 of 1969, the respondent passed the assessment orders. According to the said assessment orders, the tax assessed and the tax demanded are as follows :- --------------------------------------------------------------- TAX ASSESSED TAX DEMANDED---------------------------------------------------------------Rs. P. Rs. P. --------------------------------------------------------------- W.P. No. 1604/70 12...
Mohanlal Premchand Vs. Commercial Tax Officer, Bagalkot and anr.
Court: Karnataka
Decided on: Dec-07-1970
Reported in: (1971)1MysLJ72; [1971]28STC492(Kar)
ORDERJagannatha Shetty, J.1. The petitioner-firm is an assessee under the Mysore Sales Tax Act, 1957 (hereinafter referred to as the 'Act'). For the years 1963-64 and 1964-65, the petitioner was assessed to tax of Rs. 19,767.38 and Rs. 3,663.62 respectively. The petitioner having defaulted in making payment of the tax assessed, the Commercial Tax Officer, Bagalkot (respondent 1) filed Miscellaneous Petitions Nos. 34 of 1970 and 71 of 1970 before the First Class Judicial Magistrate, Badami (respondent 2) under section 13(3)(b) of the Act, for the recovery of the tax due and other miscellaneous amounts payable under the Act. Respondent 2 issued warrants for attachment of the properties of the petitioner to recover the arrears of tax claimed as if it were a fine imposed by him. The petitioner has challenged the recovery proceedings in these writ petitions. 2. The main contention of Sri K. Srinivasan, counsel for the petitioner, is that the Magistrate has no jurisdiction to issue a warrant...
H. Siddappa Vs. the Deputy Commissioner, Hassan District, Hassan and o ...
Court: Karnataka
Decided on: Dec-03-1970
Reported in: AIR1971Kant316; AIR1971Mys316; (1971)1MysLJ133
A. Narayana Pai, C.J.1. ThePetitioner, who has been elected to the Agricultural Produce Market Committee, Arsikere, from the Agriculturists' Constituency and is a candidate for election as Chairman of the Committee, prays for the issue of a writ directing that the holding of election to the offices of Chairman and Vice-Chairman be postponed till the Committee is fully constituted under Section 11 of the Mysore Agricultural Produce Marketing (Regulation) Act, 1966.2. Section 11 of the Act, dealing with the constitution of the second and subsequent Marketing Committees states that the Committee shall consists of the following members:--1. Seven members elected by the Agriculturists; 2. Two members elected by traders; 3. One member elected by Commission Agents holding licences; and 4. One representative each of the Taluk Marketing Co-operative Society, Producers' Society, Taluk Development Board Local Authority, and one official member who is subordinate to the Chief Marketing Officer. I...
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