Karnataka Court November 1975 Judgments
S.S. Shiragannavar and Bros. and ors. Vs. the State of Karnataka and a ...
Court: Karnataka
Decided on: Nov-28-1975
Reported in: ILR1976KAR462; 1976(1)KarLJ236; [1976]37STC407(Kar)
ORDERE.S. Venkataramiah, J.1. In this writ petition the petitioners who are carrying on business as commission agents within the market yards established by the Agricultural Produce Market Committees of Jamkhandi and Mahalingapura of Bijapur District have questioned the constitutional validity of section 6B of the Karnataka Sales Tax Act of 1957 (hereinafter referred to as the 'Act'), which was introduced by section 3 of the Karnataka Sales Tax (Second Amendment) Act, 1975 (hereinafter referred to as the 'amending Act'), and of section 18(3) of the Act, which was introduced by section 4 of the amending Act. Section 6B of the Act reads as follows : 'There shall be levied and collected from every dealer liable to pay tax under section 5 or under section 6 and whose total turnover is ten lakh rupees or more in a year, an additional tax at the rate of ten paise in the rupee on the sales tax or purchase tax or both payable by such dealer : Provided that in respect of the sale or purchase o...
Tag this Judgment!B. MartIn Vs. Union of India and ors.
Court: Karnataka
Decided on: Nov-28-1975
Reported in: ILR1976KAR645; (1976)IILLJ147Kant
ORDER1. B. Martin, the petitioner, was a Grade III plane-tabler in the Dept. of Survey of India. In a department enquiry, he has been reverted to Grade IV plane-tabler. He assails in this writ petition the validity of his reversion. 2. In 1963-64, he was working as a plane-tabler at Inchampalli Reservoir, Sirpur Taluk, Adilabad Dist, in Andhra Pradesh. He was required to do Air Survey Compilation work at camp Head-quarters. The Director of Southern Circle, Survey of India, when he visited the workspot, found the petitioner not maintaining the required standard of his grade. He noticed some omissions and commissions alleged to have been committed by the petitioner in the performance of his duty. On 15th May, 1964, the Director intimated the petitioner that an enquiry would be held against him under R. 15 of the Central Civil Services (Classification, Control and Appeal) Rules, 1957. He also furnished the petitioner a memorandum of charge in the following terms along with the particulars...
Tag this Judgment!Gurupadayya Nagayya Horaginamath Vs. Mahadu Arjun Nidoni and anr.
Court: Karnataka
Decided on: Nov-28-1975
Reported in: AIR1976Kant66; ILR1976KAR151; 1976(1)KarLJ4
ORDER1. Sri H. F. M. Reddy took notice for the respondents at the stage of admission and submitted that the matter may be disposed of now itself. Therefore with the consent of the learned counsel on both sides, this matter is treated as set down for final disposal for this date and accordingly, it was heard.2. The petitioner is the plaintiff and the respondents are the defendants in O. S. No. 60 of 1975 on the file of the Court of the Munsiff, Athani. The said suit is for permanent injunction restraining the defendants from interfering with the plaintiff's right to convey water to his land as per the terms of an agreement between the parties through the lands of the defendants by pumping water from the river Krishna. Before notice to the defendants, the plaintiff filed an application for temporary injunction and, on that application, the learned Munsiff, on a perusal of the application and the affidavit in support thereof as also the agreement relied upon, granted an ex parte order of ...
Tag this Judgment!B. MartIn Vs. the Union of India and ors.
Court: Karnataka
Decided on: Nov-28-1975
Reported in: AIR1976Kant144; 1976(1)KarLJ128
1. B. Martin - the Petitioner - was a Grade III Plane table in the Department of Survey of India. In a departmental enquiry, he has been reverted to Grade IV Plane table. He assails in this writ petition the validity of his reversion.2. In 1963-64 he was working as a Plane table at Inchampalli Reservoir, Sirpur Taluk, Adilabad District in Andhra Pradesh. He was required to do Air Survey Compilation work at camp Headquarters. The Director of Southern Circle, Survey of India. when he visited the, work spot, found the petitioner not maintaining the required standard of his grade. He noticed some omissions and commissions alleged to have been committed by the petitioner in the performance of his duty. On 15th May, 1964, the Director intimated the petitioner that an enquiry would be held against him under Rule 15 of the Central Civil Services (Classification, Control and Appeal) Rules, 1957. He also furnished the petitioner a memorandum of charge in the following terms along with the partic...
Tag this Judgment!M/S. S. Shiragannavar and Bros., a Firm Registered Under the Partnersh ...
Court: Karnataka
Decided on: Nov-28-1975
Reported in: (1976)5CTR(Kar)0126B
ORDERE. S. Venkataramiah, J. - In this writ petition the petitioners who are carrying on business as commission agents within the market yards established by the Agricultural Produce Market Committees of Jamkhandi and Mahalingapura of Bijapur District have questioned the constitutional validity of section 6-B of the Karnataka Sales Tax Act of 1957 (hereinafter referred to as the Act which was introduced by section 3 of the Karnataka Sales Tax Act (Second Amendment) Act 1975 (hereinafter referred to as the Amending Act) and of section 18(3) of the Act which was introduced by section 4 of the Amending Act. Section 6-8 of the Act reads as follows :-'There shall be levied and collected from every dealer liable to pay tax under section 5 or under section 6 and whose total turnover is ten lakh rupees more in a year, an additional tax at the rate of ten paise in the rupee on the sales tax or purchase tax or both payable by such dealer :-Provided that in respect of the sale or purchase of any ...
Tag this Judgment!P.N. Subramaniyam and ors. Vs. the State of Karnataka and ors.
Court: Karnataka
Decided on: Nov-26-1975
Reported in: ILR1976KAR641; 1976(1)KarLJ17
ORDER1. In this petition the petitioners have questioned the constitutional validity of Karnataka Land Reforms (Amendment) Act, 1973 (Karnataka Act No. 1 of 1974) by which the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962), hereinafter referred to as 'the Act' stood substantially amended and the provisions of Section 4 of the Karnataka Tenants (Relief in Payment of Arrears of Rent) Act, 1972 (Karnataka Act No. 2 of 1973).2. In Bhaskar Krishnaji v. State of Karnataka : AIR1975Kant55 it has been held that the Karnataka Act 1of 1974 is protected by Article 31-A of the Constitution having regard to the object of the Act and that therefore the provisions of the said Act cannot be questioned on the ground that they are inconsistent with Articles 14, 19 and 31 of the, Constitution.3. In Khatija Bi v. State of Karnataka (1975 (2) Kant LJ 157) the validity of Sections 48 and 48-A of the Act as amended by Karnataka Act No. 1 of 1974 has been up held rejecting the contention that by ...
Tag this Judgment!Saraswathi Sundaram and anr. Vs. the Assistant Commissioner and Land A ...
Court: Karnataka
Decided on: Nov-25-1975
Reported in: ILR1976KAR128; 1976(1)KarLJ1
Govinda Bhat, C.J.1. This appeal is by the claimants against the Award and Decree made in L. A. C. No. 12 of 1969 on the file of the Court of the Civil judge, Bangalore City.2. Land of the extent of 65,509.37 sq. ft. in Survey Nos. 23 and 24 of Vyalikaval, VIII Main Road, Malleswaram, Bangalore City, was acquired for the Government Porcelain Factory, pursuant to the Preliminary Notification under Section 4(1) of the Land Acquisition Act, 1894, published in the Gazette dated 17-8-1961. The Declaration under Section 6 of the Act was published on 21-1964. The Award under Section 11 of the Act was made on 25-4-1968. The Land Acquisition Officer valued the land at Rupees 18,000/- an acre, which was not accepted by the claimants. On reference under Section 18 of the Act, the learned civil judge enhanced the compensation, valuing the land at Rupees 24,200/- an acre (Rs. 5/- a square yard). Before the Land Acquisition Officer, the claimants had claimed compensation at Rs. 50/-a square yard. In...
Tag this Judgment!Lakshminarasamma and ors. Vs. C.V. Raghavachar and ors.
Court: Karnataka
Decided on: Nov-21-1975
Reported in: AIR1976Kant209; 1976(1)KarLJ114
1. The suit property originally belonged to one Srirangachar. It consists of a house in Chamaraja Mohalla, Mysore City, bearing Door No. 2895. He borrowed Rs. 8,000/- from C. K. Ramachandra Rao and executed a registered deed of simple mortgage in his favour hypothecating the suit property and another land situated at Doddegowdana Koppal, Srirangapatna Taluk. He again borrowed from A. N. Dattu Rao, Rs. 1,000/- on 21-3-1947 and Rs. 1,500/on 31-5-1947 and executed two registered deeds of simple mortgage hypothecating the suit property. He also borrOV7ed Rs. 1,000/- on 9-6-1951 from C. S. Raghunatha Rao and executed a deed of simple mortgagee hypothecating the suit property as security.2. The first mortgagee C. K. Ramachandra Rao filed a suit 0. S. No. 122 /1951-52 on the file of the subordinate Judge's Court, Mysore, on 29-3-1952 against the mortgagor alone for the recovery of the mortgage money then due by sale of the suit property, since he had released earlier from his mortgage the oth...
Tag this Judgment!M.N. Ramachandra Setty Vs. Sub-inspector of Police and anr.
Court: Karnataka
Decided on: Nov-21-1975
Reported in: 1976CriLJ1145
ORDERK. Jagannatha Shetty, J.1. The facts leading up to the petition are:On 25th July, 1975, two lorries bearing No. MYJ 5289 and MEL 4938 were found loaded with paddy and moving without permit, apparently to Dharwar District via Agasanahalli Food Gate of Sorab Taluk. It is said that the petitioner's jeep bearing No. MYS 9981 was also found moving in front of the lorries. No paddy was noticed in the jeep. The Sub-Inspector of Anavatti Police Station seized the said) lorries and produced them before the Judicial Magistrate, Sagar. The learned Magistrate has released the lorries against security on the claims made by the owners. Now the Deputy Commissioner of Shimoga District has taken proceedings for the confiscation of the foodgrains and the lorries. The proceedings are still pending. The Sub-Inspector did not seize the jeep on the date when he saw it in front of the said lorries. On 27th July 1975, he traced the jeep in a motor garage at Shimoffa and immediately seized the same. He ob...
Tag this Judgment!Kenche Gowda Vs. the Karnataka Revenue Appellate Tribunal and ors.
Court: Karnataka
Decided on: Nov-17-1975
Reported in: AIR1976Kant127; ILR1976KAR637; 1976(1)KarLJ124
ORDER1. Kencke Gowda, the petitioner, wants to repair a dilapidated Gokatte situate in. S. No. 49 of Anammahalli village, Kanakpur taluk, by raising a Thope in about two acres of land, for the use of men and cattle. He applied to the Deputy Commissioner for permission and the Deputy Commissioner thereupon consulted the local Panchayat and subordinate revenue officials. All of them had no objection for the petitioner being given permission for the Philanthropic act. On 9th April , 1962, the Deputy Commissioner granted the required permission subject to the condition that the grantee should, not have any personal interest in such Katte and Thope except collecting usufruct from the trees thereon. The said order was set aside by the Divisional Commissioner in appeal preferred by respondents 3 to 5 before me. The Divisional Commissioner directed that the land being gomal land should be preserved as such and the respondents should be evicted therefrom. The petitioner took up the matter in an...
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