Karnataka Court March 1971 Judgments
Chandrashekhar Jayangouda Patil Vs. Shidagireppa and ors.
Court: Karnataka
Decided on: Mar-24-1971
Reported in: AIR1971Kant339; AIR1971Mys339; (1971)2MysLJ57
E.S. Venkataramiah, J.1. Defendant 1 in Original Suit No. 367 of 1957 on the file of the Civil Judge. Junior Division, Bijapur, is the appellant in this second appeal.2. The plaintiffs who are four in number filed the above suit for a declaration that they were the owners of two guntas of land in Survey No. 229 of Kunte village, Bijapur Taluk, on which there is a bund and for possession. It is stated that on the said bund, there are some trees which are fairly old. The case of the plaintiffs is that they had become the owners of the above extent of land Survey No. 229 by virtue of their right which they had acquired by adverse possession over the statutory period prior to some day in the month of May 1955 on which day the defendants dispossessed the plaintiffs. In support of the above case, the plaintiffs pleaded that Survey No, 229 which belonged to defendant-1 was at a higher level and survey No. 242 which belonged to them was at a lower level and but for the bund which was admittedl...
Tag this Judgment!Muniswamappa and anr. Vs. the State of Mysore and anr.
Court: Karnataka
Decided on: Mar-24-1971
Reported in: AIR1971Kant354; AIR1971Mys354; (1971)1MysLJ431
A. Narayana Pai, C.J. Theprayers in this Writ petition are for declaration of invalidity of the Mysore Silkworm Seed and Cocoon (Regulation of Production. Supply and Distribution) Act. 1959, as amended by the Mysore Silkworm Seed and Cocoon (Regulation of Production. Supply and Distribution (Amendment) Act. 1969, with a consequential direction preventing the enforcement thereof, and for declaration of invalidity of two Notifications issued thereunder.2. So far as the first prayer is concerned. Mr. Venkatachaliah appealing for the petitioners explains that the prayer is limited to the declaration of invalidity of the Amending Act. This matter has been dealt with in our order in Writ Petn.- 45 of 1971 (Mys) pronoun-ed today, wherein we have upheld the validity of the said Act.3. The Notifications impugned are those marked as Exs. D and F annexed to the Writ petitions, which are Nos. S. O. 799 and 800 dated 1st May 1968. The former has to be related to clause (a) of Sub-section (i) of Sec...
Tag this Judgment!B. Muthaiah and anr. Vs. Secretary, Regional Transport Authority, Shim ...
Court: Karnataka
Decided on: Mar-23-1971
Reported in: AIR1972Kant30; AIR1972Mys30
A. Narayana Pai, C.J. 1. Thepetitioners who are operators of stage carriage service on the route which passes through a section of the route between Shimoga and Honnali assail the grant of a temporary permit in favour of the second respondent in respect of the route between Shimoga and Honnali on the main ground that the situation is such that no permit could have been validly granted under Clause (d) of Subsection (1) of Section 62 of the Motor Vehicles Act.2. Under the said Clause a temporary permit can be granted 'pending decision on an application for the renewal of a permit'. The second respondent had secured a permanent permit in respect of the same route which was due to expire on 21st January 1971. His application for renewal thereof was filed on 24th December. 1970.3. The contention on behalf of the petitioners is that the application for renewal was belated and that the delay in presentation is not even capable of being condoned by virtue of the provisions of proviso (a) to S...
Tag this Judgment!M.V. Venkatappa Vs. the Mysore State Transport Appellate Tribunal, Ban ...
Court: Karnataka
Decided on: Mar-23-1971
Reported in: AIR1971Kant226; AIR1971Mys226; (1971)1MysLJ388
A. Narayana Pai, C.J.1. The petitioner who is an operator of a stage carriage was granted a temporary permit by the Regional Transport Authority, Mysore, in respect of a route from a place called Bisalawadi to Bangalore City, traversing four districts or divisions, namely. Mysore, Mandya, Tumkur and Bangalore. It appears that the route or part of the route within the Mysore District overlaps portions of two routes within the district of Mysore in respect of both of which the Regional Transport Authority of Mysore had limited the number of services to be operated thereon, by a resolution under Sub-section (3) of Section 47 of the Motor Vehicles Act dated 22nd January, 1970. In view of the said resolution the grant of temporary permit to the petitioner was subjected to the condition that in respect of portions of the route overlapping the said two routes covered by the resolution of 22nd January, 1970, the petitioner should neither take nor drop any passengers.2. Respondents 2 to 5 who w...
Tag this Judgment!L. Gowramma Vs. the Chairman, City Improvement Trust Board, Bangalore ...
Court: Karnataka
Decided on: Mar-22-1971
Reported in: AIR1971Kant324; AIR1971Mys324; (1971)1MysLJ535
Chandrashekhar, J. 1. TheBangalore City Improvement Trust Board (hereinafter referred to as the Trust Board) formed a lay-out called 'the West of Chord Road, II Stage Lay-out' in Rajajinagar, Bangalore. The Trust Board called for applications from persons intending to obtain sites therein. The petitioner as well as respondcnt-2 had applied for site No. 1251. That site was allotted to respondent-2.2. In this Writ Petition under Articles 226 and 227 of the Constitution, the petitioner has prayed for quashing the allotment of that site to respondent-2. She has also prayed for a mandamus directing the Chairman of the Trust Board (respondent-1) to allot that site to her.3. Mr. M. C. Narasimhan, learned counsel for the petitioner, contended that in allotting that site the petitioner should have been preferred to respondent-2, because she (the petitioner) had purchased a site from a private person under a registered sale deed dated 21-11-1968 and that the site had been subsequently acquired b...
Tag this Judgment!Indian Telephone Industries Co-operative Society Ltd. Vs. Income-tax O ...
Court: Karnataka
Decided on: Mar-21-1971
Reported in: [1972]86ITR566(KAR); [1972]86ITR566(Karn)
Govinda Bhat, J. 1. The Indian Telephone Industries Co-operative Society Ltd. is the petitioner in this batch of seven writ petitions. They relate to the assessments made on the petitioner under the Income-tax Act, 1961, hereinafter called 'the Act', for the assessment years 1963-64 to 1969-70. Assessments for all the years except for 1969-70 were made under section 143(3) read with section 147147 of the Act, and for the assessment year 1969-70 the assessment was under section 143(3). 2. The previous year of the petitioner ends on the 30th day of June. Therefore, under sub-section (1) of section 139, it is required to file the return of income before the 30th day of June of the assessment year. Though the petitioner had income which exceeded the maximum which is not chargeable to income-tax under the Act, it did not submit returns before the 30th day of June of the relevant assessment years. The Income-tax Officer also did not issue any notice under section 139(2) except for the assess...
Tag this Judgment!Commissioner of Wealth-tax, Mysore Vs. H.H. Rajkuverba (Decd.)
Court: Karnataka
Decided on: Mar-19-1971
Reported in: [1972]86ITR783(KAR); [1972]86ITR783(Karn)
Govinda Bhat, J. 1. This is a reference under section 27(1) of the Wealth-tax Act, 1957 (hereinafter called 'the Act'). The questions referred are : '1. Whether, on the facts and circumstances of the case, the sum of Rs. 58,62,248 being the value of 3,1/2% war loan securities and foreign bank balances, was includible in the net wealth of the assessee for the assessment year 1957-58 2. Whether, on the facts and in the circumstances of the case, the sum of Rs. 4,81,181 or any portion thereof, representing the value of debentures and shares standing in the names of the assessee and her sons were includible in the wealth of the assessee for the assessment year 1957-58 ?' 2. Her Highness Rajkuverba Dowager Maharani Saheb of Gondal is the assessee and the assessment relates to 1957-58. The corresponding valuation date is December 31, 1956. His Highness Sri Bhojraji Maharaja Saheb of Gondal (hereinafter called the 'late Maharaja') died on July 31, 1952, leaving behind him the assessee and tw...
Tag this Judgment!Lumanna Somanna Malik Vs. Dharmarao Annarao Chougule
Court: Karnataka
Decided on: Mar-19-1971
Reported in: AIR1971Kant284; AIR1971Mys284; (1971)1MysLJ465
ORDERH.B. Datar, J.1. The petitioner in this revision petition is the original plaintiff in O. S. No. 95 of 1969, on the file of the II Additional Civil Judge, Belgaum and has challenged the order passed by the learned Civil Judge dismissing the application, I. A. XIV filed for amendment of the plaint. By the application filed for the amendment of the plaint, the plaintiff was seeking to state that the order passed by the Assistant Commissioner, S. D. Belgaum, was without jurisdiction for the reason that 'Chougala' office is neither a Village Office, nor a hereditary office within the meaning of the Mysore Village Offices Abolition Act and the Watan Act of 1874. The petitioner also sought for certain other amendments, which according to the petitioner, are necessary to decide the real points in controversy between the parties and to enable the court to grant the reliefs claimed by the plaintiff. 2. The defendant resisted the said application on several grounds. 3. The learned Civil Jud...
Tag this Judgment!Ramachander Rao Vs. the Deputy Commissioner, Gulbarga and ors.
Court: Karnataka
Decided on: Mar-19-1971
Reported in: AIR1971Kant328; AIR1971Mys328; (1971)2MysLJ1
A. Narayana Pai, C.J.1. The petitioner, who was working as a Patwari of Nalwar village in Chittapur Taluk, Gulbarga District, questions the validity of what is described as an order by the Tahsildar terminating his employment as Patwari.2. It appears that the above order was intended to put the 3rd respondent in the place till then occupied by the petitioner.3. It is an admitted fact that the petitioner was actually working as Patwari of the village on 1st April 1964 when the Mysore Land Revenue Act came into force. He therefore, contends that he is entitled to continue in office by virtue of Sub-section (2) of Section 16 thereof till another person is appointed by the Deputy Commissioner under Sub-section (1) of Section 16.4. The answer of the contesting 3rd respondent to this claim is that he was the Pattedar Patwari of the village and that in certain litigation which terminated by an order of the Board of Revenue of Hyderabad dated 8th July 1955 it was decided that both he, the 3rd ...
Tag this Judgment!Ganapati and ors. Vs. the State of Mysore
Court: Karnataka
Decided on: Mar-19-1971
Reported in: 1972CriLJ417
ORDERM. Santhosh, J.1. The five petitioners before this Court are accused in the court of the J. M. F. C., at Alland. A charge sheet was filed by the Police Norona against the petitioners before the said Magistrate alleging that they had committed offences under Sections 147. 148. 149. 447 and 307 I. P. C. On 28-10-1970 all these petitioners were produced before the learned Magistrate and he released all the petitioners on bail and thereafter posted the case for hearing to 9-11-1970. On 9-11-1970. all the five petitioners appeared before the court and thereafter the case, as shown in the order sheet was adjourned to 19-11-1970-Later on the very day i. e. 9-11-1970. the learned Magistrate passed the impugned order which reads as follows:Heard in open court. Perused the affidavits and records. Bail cancelled. Issue non-baillable warrant to accused. Call on 17/11.Sd/- J. M. F. C.This order dated 9-11-1970 passed by the learned Magistrate is challenged in this revision petition.2. Sri Sant...
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