Karnataka Court August 1971 Judgments
Ariyamma and ors. Vs. Narasimhiah and ors.
Court: Karnataka
Decided on: Aug-17-1971
Reported in: AIR1972Kant73; AIR1972Mys73; (1971)2MysLJ373
1. These two appeals under Section 110-D of the Motor Vehicles Act, 1939, (hereinafter referred to as the Act) are from the common judgment of the Motor Vehicles Claims Tribunal, Bangalore (hereinafter referred to as the Tribunal).2. It is common ground that an automobile accident which occurred on 25-3-1966 at about 9-15 a. m. was caused by the lorry bearing No. MYD. 1998, that Narasimhaiah. Respondent-1 in both these appeals, was driving that lorry then, and that as a result of that accident, one Chinnaiah died and his wife Ariyamma sustained injuries.3. The legal heirs of Chinniah including Ariyamma, filed before the Tribunal a petition (in Misc. Case No. 439 of 1966) under Section 110-A of the Act claiming a compensation of Rupees 10,000/- for the death of Chinnaiah, Ariyamma filed a separate petition (in Misc. Case No. 438 of 1966) before the same Tribunal under Section 110-A of the Act claiming a compensation of Es. 3,000/- for her personal injuries. In both these petitions, it w...
Tag this Judgment!Abdul Rab Shah Khadri Vs. the Court of the District Judge, Mandya and ...
Court: Karnataka
Decided on: Aug-17-1971
Reported in: AIR1972Kant96; AIR1972Mys96; (1971)2MysLJ458
Venkataramiah, J. 1. The Petitioner in the above Writ Petition is a person in possession of an extent of 2 acres and 31 guntas of land in Survey No. 226 of Bommuragrahara Village, Sri rangapatna Taluk. He has filed the above petition for quashing the Order dated 24-11-1969 in No. DVS II PR 31/ 69-70 on the file of the Deputy Commissioner, Mandya District (Exhibit 'C') and the Order dated 10-2-1970 in Misc. (Wakf Act) Appeal No. 272 of 1969 on the file of the District Judge. Mandya (Exhibit 'E'). He has also sought for 'the issue of a direction to the Mysore State Board of Wakfs, respondent 3 herein, to delete the land referred to above from its Register of Wakfs. 2. The facts leading to the above Writ Petition are as follows: On an application made under Section 25 of the Wakf Act, 1954 (Central Act 29 of 1954) (hereinafter referred to as the Act) by one Ibrahim Khan bin Yusuf Khan, Muthavalli of Peer Alia Shah Wali Makan, the Mysore State Board of Wakfs (hereinafter referred to as the...
Tag this Judgment!Gajra Bai Vs. Controller of Estate Duty, Bangalore
Court: Karnataka
Decided on: Aug-16-1971
Reported in: [1972]86ITR92(KAR); [1972]86ITR92(Karn)
Govinda Bhat, J. 1. The question of law referred for the opinion of this court under section 65(1) of the Estate Duty Act, 1953, hereinafter called the Act, is : 'Whether, on the facts and in the circumstances of the case, the Tribunal is right in upholding the inclusion of the amount of Rs. 35,000 gifted by the deceased to his grand-daughters, in the total value of the estate of the deceased under the provision of section 10 of the Estate Duty Act ?' 2. The deceased, Kasturchand Kundanmull, was one of the two partners of the firm, Messrs. Kasturchand Kundanmull, the other partners being his son, Pukraj. On November 6, 1953, the deceased gifted a total sum of Rs. 35,000 to his three grand-daughters who were then minors. These gifts were made by means of transfer entries in the books of the firm by debiting the amount in the personal account of the deceased and crediting the respective amounts in the accounts of the three donees. The deceased also executed a trust deed, dated March 31, ...
Tag this Judgment!Davud Bhai Hasan Alli Vs. Abbas Bhai Abdul Karim and anr.
Court: Karnataka
Decided on: Aug-13-1971
Reported in: 1972CriLJ970
ORDERC. Honniah, J.1. This Revision Petition is directed against the order of the Sessions Judge, Bijapur setting aside the order of the J. M, F. C. II court Bijapur, in Criminal Case No. 1763/69 on his file and directing him to hold further enquiry into the case in accordance with law.2. The facts that have given rise to this revision petition lie in a very narrow compass. One Abbas Bhai Abdul Karim Bhorishet (1st respondent herein) filed a complaint against Dayal Bhai Hasan Alii Kolhapurwala Petitioner herein) alleging that in the year 1962 the petitioner was entrusted with certain jewels and was asked to pledge them for him for Rs. 1100/- in Mahalakshmi Bank at Bijapur as he wanted the money immediately for starting a hotel. Accordingly the petitioner pledged the jewels in the Bank for Rs. 1100/- and paid the same to the complainant.Later it appears the complainant paid back this sum on various occasions asking the accused to redeem the pledged article and deliver the same to him. T...
Tag this Judgment!In Re: Narasing Naik
Court: Karnataka
Decided on: Aug-13-1971
Reported in: 1972CriLJ1150
M. Santhosh, J.1. The appellant before this Court, Narasinga Naika alias Narasa Naik, was the 7th accused in the Court of Session. Bellary Division in Sessions Case No. 22 of 1968. He has been convicted of an offence under Section 302 I. P.C. and sentenced to imprisonment for life. He has also been convicted of offences under Sections 25 (1) and 27 of the Arms Act and sentenced on each count, to R. I. for one year. All the sentences have been directed to run concurrently. He was tried along with 10 other accused for various charges and the other accused have all been acquitted. There is no appeal by the State against their acquittal. In this appeal, the appellant challenges the legality and correctness of the said convictions and sentences passed on him by the learned Sessions Judge.2. The prosecution case, briefly, stated, is as follows: All the 11 accused persons and P. Ws. 1 to 4 are residents of Honnali Thanda which is situate at a distance of about 6 miles from Bellary. P. Ws. 1 t...
Tag this Judgment!B.S. Irannavar and anr. Vs. the Deputy Commissioner of Belgaum and anr ...
Court: Karnataka
Decided on: Aug-12-1971
Reported in: AIR1972Kant147; AIR1972Mys147; (1972)1MysLJ128
Venkataswami, J.1. This is a petition under Article 226 of the Constitution of India, praying for the issue of a writ in the nature of certiorari quashing the order of the Mysore Revenue Appellate Tribunal Bangalore, in Appeal No. 1418 of 1969 (MLR) dated 31-12-1969 and the Order of the Deputy Commissioner, Belgaum. in BB/LNA. 1/2452 dated 19-8-1969.2. The few facts relevant for our present purpose are as follows: The petitioners are the owners of S. No. 1375/2A of Belgaum, situate on the outskirts of the City. They applied on 10-5-1968 to the Deputy Commissioner, Belgaum. for permission to use 28 guntas 12 1/2 annas extent of that land for a non-agricultural purpose. It is their case that a plan was submitted in regard to the said land for construction of a building for a 'commercial' purpose. The Deputy Commissioner granted permission on 13-9-1968 in his Order No. RB/ LNASR. I. in exercise of his powers under Sections 95 and 98 of the Mysore Land Revenue Act. 1964. The petitioners, t...
Tag this Judgment!K.P. Hanumappa and ors. Vs. the State of Mysore
Court: Karnataka
Decided on: Aug-12-1971
Reported in: 1972CriLJ699
ORDERC. Honniah, J.1. These four petitioners who were accused in C. C. No. 206/71 on the file of the First Class Magistrate, Kolar have been convicted for the offence punishable under Section 379 of the I. P. C. and sentenced to pay a fine of Rs. 25/- each and in default of payment of fine, to suffer simple imprisonment for 15 days.2. This revision petition has been filed challenging the correctness of the said order.3. The facts of this case lie on a narrow compass. The police filed a charge sheet against the four accused persons alleging that they had committed the offence punishable under Section 379 of the I. P. C. The accused appeared before the court and filed an application under Section 497 of the Cr. P. C. to enlarge them on bail on 2-2-1971. Accordingly, they were enlarged on bail and the case was posted to ,8-2-71. On that day the learned Magistrate recorded the plea of the accused. It is seen that the accused pleaded not guilty. It is not clear whether the accusation was pu...
Tag this Judgment!D.M. Thippaswamy Vs. Mysore Revenue Appellate Tribunal, Bangalore and ...
Court: Karnataka
Decided on: Aug-10-1971
Reported in: AIR1972Kant50; AIR1972Mys50; (1971)2MysLJ392
Venkataramiah, J. 1. The petitioner in the above petition under Article 226 of the Constitution of India is a person providing transport facilities in the District of Chitradurga. He applied to the Regional Transport Authority, Chitradurga, for grant of a stage carriage permit to operate two stage carriages each day in opposite directions on an inter-State route between Chitradurga in the State of Mysore and Srisaila in the State of Andhra Pradesh and back, via Challakere, Hanagal, Rampura, Bellary, Guntakal, Gutti, Dhone, Kurnool and Atmakur. He also made another application to ply two stage carriage vehicles between Chitradurga and Srisaila on a route which was slightly different from the one referred to above, although the route from Chitradurga to Hagari was common to both the applications. The first of the above two applications was considered by the Regional Transport Authority in subject No. 33 of 18-1-1964 and a permit was granted as prayed for. We are informed that the second ...
Tag this Judgment!S. Janab Vs. Corporation of the City of Bangalore and ors.
Court: Karnataka
Decided on: Aug-10-1971
Reported in: AIR1972Kant109; AIR1972Mys109; (1971)2MysLJ491
Narayana Pai, C.J.1. The petitioner who runs a mutton stall at No. 65, Markam Road. Ashok Nagar, Bangalore, assails the validity of a licence granted to respondent 4 to run a similar mutton stall in No. 12. H. No. 3 Street, Tete Lane, Ashok Nagar, which is hardly 1 1/2 furlongs from the petitioner's, shop.2. The petitioner states that respondent 4 had earlier applied for a similar licence to run a shop at No. 61. Markat Road, that the same had been rejected and that an appeal against the same prepresented to the Standing Committee (Health) of the Corporation had also been dismissed. According to the petitioner, the licence was granted pursuant to a representation made by Respondent 4 to the said standing committee which was regarded as an appeal and disposed of accordingly resulting in the grant of the licence now assailed.3. The counsel on behalf of the Corporation answers these contentions by stating that whatever might have been the irregularities capable of being pointed out in the...
Tag this Judgment!H. Veerabhadrappa Vs. the Deputy Commissioner, Bellary District Bellar ...
Court: Karnataka
Decided on: Aug-10-1971
Reported in: AIR1972Kant113; AIR1972Mys113; (1971)2MysLJ495
Venkataswami, J.1. The petitioner herein has challenged the Order of allotment of two portions of T. S No 64 situate, in ward No. XXI, Block No. 3 of Eellary Town in favour of the 2nd & 3rd respondents herein, made by the Deputy Commr., Beilary in A. Dis. Rev 16240/ 68-69 R-3. dated 4-7-70. That the aforesaid T. S. No. 64 is a building site is not in dispute. The case of the petitioner is that he himself had applied for the grant of that site on 26-6-1967 on the ground that he was an adjoining owner and his present accommodation was insufficient for his residence. In response to that application, the Assistant Commissioner, Bellary, who it is not disputed, was also a competent authority, sent a reply on 22-5-1970. in E Dis Rev. No. 247/70-71-B, stating that the said T. S. No. 64 was not available for grant as the same was required for the extension of post Office as per the decision of the Members of the Committee for finalisation of vacant sites. Curiously enough, the Deputy Commissio...
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