Karnataka Court January 1972 Judgments
Venkatamma and ors. Vs. the Special Land Acquisition Officer, City Imp ...
Court: Karnataka
Decided on: Jan-31-1972
Reported in: AIR1972Kant193; AIR1972Mys193
E.S. Venkatakamiah, J. 1. The question of law referred to the Full Bench in all the above cases is as follows:-- 'Whether the relevant date for determining the market value of the property acquired under the City of Mysore Improvement Act, 1903 (Mysore Act III of 19031 is the date of notification under Section 16 of that Act, or the date of notification issued under Section 18 of the Act, or the date of taking possession of property.' 2. The undisputed facts in all these cases are thus: That all the buildings and the lands acquired in these cases are situate in Devarai Mohalla, Mysore City, in an area of commercial importance. These buildings and lands were acquired under the provisions of the City of Mysore Improvement Act, 1903 (Mysore Act III of 1903) (hereinafter referred to as the Act) for purposes of formation of a straight road from the Statue Square to the District Offices in Mysore City, In all these cases the Notification under the Section 16 of the Act was issued in the year...
Tag this Judgment!Bhimrao Gururao Deshpande and anr. Vs. Pralhad Subbarao Mutalik Deshpa ...
Court: Karnataka
Decided on: Jan-31-1972
Reported in: AIR1973Kant98; AIR1973Mys98
Datar, J. 1. The question that hag been referred to the Full Bench lies within a very narrow compass. It relates to the interpretation of the provisions of the Bombay Pargana and Kulkarni Watans (Abolition) Act. 1950. (hereinafter referred to as the Act). It became necessary to refer this question to the Full Bench, because, the provisions of this Act have received two different interpretations which are inconsistent with each other. 2. For the purpose of a proper appreciation of the questions involved in the case, it is necessary to set out the few admitted facts: The lands in question are situated in Aralikatte, Aminabhavi and Karadiguddi villages in the district of Dharwar and formed part of a paragana watan of which one Nareswamyrao was the Watandar. He had two sons by name Swamy Rao and Guru Rao and there was a partition between them in or about the year 1844. The lands in question were allotted to the share of Swamy Rao. As Swamy Rao's branch became extinct, Bhima Rao and Rama Ra...
Tag this Judgment!State of Mysore Vs. Bastanv Javanv Pinto
Court: Karnataka
Decided on: Jan-28-1972
Reported in: 1972CriLJ1711
ORDERM. Santosh, J.1. This is a reference under Section 438. Criminal Procedure Code made by the learned Sessions Judge of North Kanara. Proceedings were initiated under Section 133. Criminal Procedure Code against the respondent on a report received from the Police of Karwar. The learned Sub Divisional Magistrate made a conditional order dated 10-8-1971 directing the respondent to remove the public nuisance and stop the user of the latrine or to appear before the Court on 18-8-1971 and show cause against the said order. After the conditional order was served on the respondent, the respondent appeared before the Court and filed his objections denying the charges levelled against him. Thereafter; the learned Magistrate inspected the spot on 26-8-1971 and made the conditional order absolute under Section 137 (3). Criminal P.C.2. The learned Sessions Judge has pointed out that the learned Magistrate has not followed the mandatory provisions of Sub-clause (1) of Section 137, Criminal Proce...
Tag this Judgment!The State Government by the Sub-registrar, Chickmagalur Vs. M.L. Manju ...
Court: Karnataka
Decided on: Jan-21-1972
Reported in: AIR1972Kant263; AIR1972Mys263
V.S. Malimath, J.1. This is a reference under Section 54 (1) of the Mysore Stamp Act. 1957 by the Chief Controlling Revenue Authority in Mysore. The opinion sought by the Chief Controlling Revenue Authority is as to whether the document in question dated 4th April. 1967 described as a release deed is a conveyance on sale chargeable to stamp duty under Article 20 of the Schedule to the Act, or as to whether the document is a release deed chargeable to stamp duty under Article 45 of the Schedule to the Act.2. The document in question which is described as a release deed was executed by one Mr. J. N. A. Hobbs in his capacity as Attorney of one Mr. Robert Armsby Oliver Son of Godfrey Ryder Oliver in favour of the respondent Sri M.L. Manjanatha Setty. It is clear from the schedule to the said document that it relates to an estate known as 'Sambrcool Estate' in Attigere village in Chikmagalur District. The document is written on a stamp paper of the value of Rs. 22-50 np. The document was pr...
Tag this Judgment!D. Achaiah Setty Vs. the City of Bangalore Municipal Corporation, Bang ...
Court: Karnataka
Decided on: Jan-19-1972
Reported in: AIR1972Kant203; AIR1972Mys203; (1972)1MysLJ186
ORDER1. The petitioner was granted a licence by the Commissioner of the Municipal Corporation of the City of Bangalore for constructing a building at the junction of two roads one of which abuts the area called Patcl Circle. The petitioner on the strength of the licence commenced construction work. When the work had progressed to a considerable extent he was served with an order of the Commissioner of the Corporation dated 27th October 1971, stating that the licence already granted to him is withdrawn and directing that further construction should be stopped.2. The petitioner assails the validity of the said order.3. The main contention raised by the petitioner is that once a licence is issued under the City of Bangalore Municipal Corporation Act it is not capable of being withdrawn or cancelled for the reason that there is no provision anywhere in the statute empowering such withdrawal or cancellation.4. That there is no specific provision of the statute empowering a withdrawal of the...
Tag this Judgment!B. Babu Rao and anr. Vs. Davangere Taluk Agricultural Produce Co-opera ...
Court: Karnataka
Decided on: Jan-19-1972
Reported in: AIR1972Kant233; AIR1972Mys233
A. Narayana Pai, C.J.1. These Writ Petitions are directed against the election to the Board of Directors of the Davangere Taluk Agricultural Co-operative Marketing Society Ltd., held on the 22nd November 1971 after the amendment of Bye-law No. 28.2. According to the said Bye-law before the amendment in Question the Board of Directors was to consist of 8 'A' class members, 3 'B' class members, 1 nominated by the Finance Agency and 1 nominated by the State Government. After the amendment the number of representatives of the 'A' class is reduced from 8 to 6 and that of 'B' class from 3 to 2.3. The Board 15 subject to rule of retirement by rotation formulated in bye law 28-A, which reads as follows:'At each annual general meeting 1/3rd of the members of the Board of Directors for time being shall retire. The members to retire every year shall be those who have been longest in the office since their last election but as between the persons who become the members of the Board on the same day...
Tag this Judgment!M.M. Sankanagouder Vs. the State of Mysore and ors.
Court: Karnataka
Decided on: Jan-18-1972
Reported in: AIR1972Kant352; AIR1972Mys352
A. Narayana Pai, C.J.1. The order impugned in this case is an order of the State Government bearing No. RD 208 ENG 39 dated 10/19th June 1964, whereby sanction was accorded to the pre-enlistment service in respect of 130 officials of Belgium. Bijapur and Dharwar Districts as noted in the annexed statement being counted for purposes of pay, pension and seniority.2. The attack or challenge is limited to the question of seniority only.3. So far as that matter is concerned, the contentions and arguments are not different from those considered in our order just pronounced in Writ Petition No. 530 of 1969 (reported in 1972 Lab IC 1204 (Mys)) and connected cases.4. Applying the same, therefore, we quash the impugned order bearing No. RD 208 ENG 39, dated 10/19th June 1964 to the extent it directs that the pre-enlistment service shall be taken into account for the purpose of seniority....
Tag this Judgment!T.P. Kapadia Vs. Commissioner of Income-tax, Mysore
Court: Karnataka
Decided on: Jan-13-1972
Reported in: [1973]87ITR511(KAR); [1973]87ITR511(Karn); (1972)1MysLJ547
Govinda Bhat, J.1. These are three references made at the instance of the assessee under section 256(1) of the Income-tax Act, 1961, hereinafter called 'the 1961 Act'. They relate to the assessment years 1961-62, 1962-63 and 1963-64. The assessee is Dr. T.P. Kapadia. His assessment for 1961-62 was made under the Indian Income-tax Act, 1922, hereinafter called the 1922 Act. His assessments for 1962-63 and 1963-64 were made under the 1961 Act. The assessee's wife, Mrs. Kapadia, was a partner of three firms in which the assessee was a partner during the three assessment years. When the Income-tax Officer made the assessments, he invoked the provisions of section 16(3) of the 1922 Act for the assessment year 1961-62 and section 64 of the 1961 Act for the assessment years 1962-63 and 1963-64 and included the profits or losses arising to Mrs. Kapadia in the assessment of the assessee. After the completion of the original assessments, the Income-tax Officer became aware of the decision of the...
Tag this Judgment!Hindustan Aeronautics Ltd. Vs. P. Venu Perumal and anr.
Court: Karnataka
Decided on: Jan-07-1972
Reported in: AIR1972Kant255; AIR1972Mys255; (1972)1MysLJ384
Ahmed Ali Khan, J.1. In an application filed by the petitioner who is respondent-1 in this appeal for compensation under Section 110-A of the Motor Vehicles Act (hereinafter referred to as the Act). the Tribunal awarded compensation of a sum of Rs. 8,700/-. The petitioner had claimed a sum of Rs. 35,240/-as compensation in the petition. Against the order of the Tribunal. Respondent 1, the General Manager, Hindustan Aeronautics Ltd., Bangalore has come in appeal before us.2. It was alleged in the petition that on 15-12-1965 after the shift was over in H. A. L. he boarded the bus MYD 3378 belonging to H. A. L. at about 4-30 p. m. When the bus approached the military hospital at Damlur road, its right wheel went over the pit about 1.32 ft, in diameter which was on the right and suddenly took a turn right and dashed against a tree at a distance of 20 to 25 ft. which gave away and thereafter it dashed against another tree. The petitioner who was sitting near the windscreen on the seat by th...
Tag this Judgment!H.K. Dasappa Setty Vs. Vedavathamma and ors.
Court: Karnataka
Decided on: Jan-07-1972
Reported in: AIR1972Kant283; AIR1972Mys283; (1972)1MysLJ551
M. Santhosh, J.1. The plaintiff is the appellant before this Court and respond-dents 1 to 3 were defendants 1 to 3 in the trial court. The plaintiff filed a suit on 18-12-1963 to recover a sum of Rupees 1570/- due under three promissory notes executed by late K. R. Shama Rao, husband of defendant 1 and father of defendants 2 and 3. The case of the plaintiff was that Shama Rao, for his family necessity, borrowed different amounts under the three promissory notes, Exhibits P1 to P3. Shama Rao died on 26-5-1959 leaving the defendants as his legal representatives under the managership of the 1st defendant. At various times, defendants 1 and 2 wrote to the plaintiff promising to settle his dues as per Exhibits P4 to P9 and the various acknowledgments made by defendants 1 and 2, save limitation. As the defendants failed to pay the amount due, the plaintiff filed the suit, praying for a decree against the assets of Shama Rao in the hands of the defendants. 2. The defendants stated that they w...
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