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Karnataka Court September 1970 Judgments

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Sep 03 1970

New Ambadi Estates P. Ltd. Vs. Commissioner of Agricultural Income Tax ...

Court: Karnataka

Decided on: Sep-03-1970

Reported in: [1971]82ITR87(KAR); [1971]82ITR87(Karn); (1970)2MysLJ437

Govinda Bhat, J.1. This matter arises under the Coorg Agricultural Income tax Act, 1951, hereinafter called 'the Act'. For the assessment year 1952-53, the petitioner was assessed to tax under the Act by the Agricultural Income tax Officer of Coorg, overruling the claim of the petitioner that certain sums revived did not constitute income in its hands and that the net result of the year was one of loss. The petitioner's appeal was unsuccessful; but on a reference to this court in C.J. No. 89 of 1956 its contention was accepted. The order of this court was taken up by the Commissioner of Agricultural Income tax in Civil Appeal No. 696 of 1965, to the Supreme Court which by its judgment dated October 12, 1966, affirmed the decision of this court. Thereafter on December 21, 1967, the Agricultural Income tax Officer respondent No. 2, in this writ petition passed an order to give effect to the order of this court as confirmed by the order of the Supreme Court. By the said order, he determin...


Sep 02 1970

Kuppuswamy Vs. Yellammal

Court: Karnataka

Decided on: Sep-02-1970

Reported in: [1971(22)FLR133]; (1970)IILLJ662Kant; (1970)2MysLJ430

ORDER1. The suit out of which this revision petition arises was instituted by the respondent for the recovery of Rs. 725 due on a promissory not proved to have been executed by the defendant who was a painting worker in K.G.F. The trial Court decreed the suit which was confirmed by the learned Civil Judge in his judgment dated 11th September 1967 in R.A. No. 23 of 1967. This revision petition is directed against that judgment. 2. During the trial, an application under Or. 38, R. 5, C.P.C. was filed seeking an attachment before judgment of the service and termination gratuity and voluntary retirement compensation payable to the defendant by his employer. The trial Court passed the order attaching the said amounts. But before the order was served, the service and termination gratuity were already paid and the attachment order continued only to the extent of the amount payable under the voluntary retirement scheme. The defendant filed an application for raising the attachment on the groun...


Sep 02 1970

Chennaveeriah and ors. Vs. Mysore Revenue Appellate Tribunal, Bangalor ...

Court: Karnataka

Decided on: Sep-02-1970

Reported in: AIR1971Kant66; AIR1971Mys66; (1970)2MysLJ425

Narayana Pai, J. 1. These eighteen writ petitions are heard together because they are directed against the same order of a Full Bench of the Mysore Revenue Appellate Tribunal- The order was made in connection with several appeals pending before the Tribunal, preferred by the inamdar of an inam abolished under the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954, against the orders of the Special Deputy Commissioner registering certain lands in the names of different tenants under Sections 4, 5 or 6 and rejecting the inam-dar's claim for registration thereof in his name under Section 9 of the Act. 2. During the pendency of the appeals the Deputy Commissioner made an award of compensation under Section 17 of the Act. The inamdar received compensation without preferring any appeal against the award. Thereupon, the tenants-respondents in the appeals before the Tribunal raised the objection that the appeals should no longer be proceeded with by the inamdar because by receiving ...


Sep 01 1970

Basavant Gouda Vs. Smt. Channabasawwa and anr.

Court: Karnataka

Decided on: Sep-01-1970

Reported in: AIR1971Kant151; AIR1971Mys151; (1970)2MysLJ540

Honniah, J.1. This appeal is by the plaintiff from the decision of the Civil Judge, Hubli, in Special Suit No. 18 of 1965.2. The facts leading to this litigation may briefly be stated as under:--One Nagangouda Patil was the owner of the schedule properties. It appears he married three wives one after another, but did not get any male issue. His last wife is Channabasawa the 1st defendant in the suit. He owned considerable landed and house property in Hulgur and Basanal villages. He was the holder of hereditary watan lands, he being the descendant of Patil's family. He died on 21-1-1937 leaving the 1st defendant behind him. A few days prior to his death, he executed a deed of authority to defendant 1 to adopt any son to be born of one Sekhargouda Patil. who, it is stated belonged to Nagangouda's (Watandar) family.The plaintiff is the 'dasi putra' of Nagangouda. Shortly after the death of Nagangouda. disputes arose between the plaintiff and defendant 1. Plaintiff brought Special Suit No....


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