Karnataka Court August 1975 Judgments
M. Narasimhaiah, Bangalore-21 Vs. the State Transport Appellate Tribun ...
Court: Karnataka
Decided on: Aug-29-1975
Reported in: AIR1976Kant18; 1975(2)KarLJ500
D.M. Chandrashekhar, J.1. This is an appeal from the order of Venkataramiah. J. in Writ Petition No. 3785 of 1974. The appellant was the Petitioner therein.2. In the writ petition. The petitioner had assailed the judgment of the Karnataka State Transport Appellate Tribunal (hereinafter referred to as the S. T. A. T.). The learned single Judge dismissed the writ petition holding that there was no ground to interfere with that judgment.3. Narasoji Rao whose heirs are respondents 3 (a) to (e) herein had applied to the Regional Transport Authority, Bangalore (hereinafter referred to as the R. T. A.) for grant of a permit to operate a stage carriage between Ban galore and Mavathur. The R. T. A. by its resolution dated 25-11-1963. Rejected that application. Against that resolution he had, preferred an appeal to the S.T.A.T., which set aside that resolution and remanded the case to the R. T. A. The appeal by the petitioner to the Karnataka Revenue Appellate Tribunal against the order of the S...
Tag this Judgment!Umar Hayat Khan Vs. Mahaboobunnisa
Court: Karnataka
Decided on: Aug-29-1975
Reported in: 1976CriLJ395
ORDERM.S. Nesargi, J.1. The petitioner and the respondent married on 28-10-1972 in Davangere. The petitioner is working as a Supervisor in the Aluminium Factory in Belgaum. His carry home salary is Rs. 755/- p.m. Due to various reasons, the petitioner divorced the respondent on 10-7-1973 by pronouncing Talak. On 20-4-1974 the respondent filed an application before the Judicial Magistrate First Class, Davangere, under Section 125 of the Code of Criminal Procedure, 1973 (to be hereinafter referred to as the new Code), praying for maintenance at the rate of Rupees 400/- per month. The Magistrate awarded Rs. 250/- p.m. as maintenance to her from the date of the application. The petitioner has challenged that order in this revision petition.2. The above narrated facts are undisputed. Sri B. O. Sridharan, the learned Advocate appearing on behalf of the petitioner, urged only two grounds. The first one is that the Magistrate was not right in not specifying the period during which the maintena...
Tag this Judgment!M.K. Dasappa Vs. G. Ramachandra
Court: Karnataka
Decided on: Aug-27-1975
Reported in: AIR1976Kant53; 1975(2)KarLJ491
ORDER1. This revision petition arises out of an order granting temporary injunction against the defendant restraining him from operating his flour and oil mill by the side of the eastern wall of the plaintiff's house.2. The plaintiff and the defendant are owners of adjacent houses. The plaintiff is having a two storied building. The defendant has installed a flour and oil mill in his own premises. The plaintiff objected before the local Municipality against the grant of licence to the defendant. Unable to get an effective relief through the Municipality he approached the Court with a suit for injunction complaining that his eastern wall is in a great danger and in all probability, might fall down due to the vibrations caused from the operation of -the mill. He also said that the operation of the mill would cause nuisance to his peaceful life. The defendant resisted the suit by denying the above allegations and further stating that he has a right to carry on his business in his own prem...
Tag this Judgment!Madhwa Ramachandra Mutalik Vs. Agricultural Income-tax Officer
Court: Karnataka
Decided on: Aug-22-1975
Reported in: [1981]128ITR249(KAR); [1981]128ITR249(Karn)
Venkataramtah, J.1. By consent of parties the petition is set down for hearing and disposed of today. 2. In this writ petition the petitioner has questioned the validity of a notice issued by the Agrl. ITO, Bijapur, calling upon him to produce certain books of account relating to the agricultural income which the joint family consisting of the petitioner and his sons had derived during the year of assessment 1973-74. During the assessment year 1973-74 a partition took place in the family of the petitioner and the family lands were divided amongst the petitioner and his sons. The parties to the partition were individually assessed by the Agrl. ITO under the provisions of the Karnataka Agrl. I.T. Act. But for the period up to the date of partition no order of assessment was passed in respect of the income which the family had derived. The Agrl. ITO, therefore, issued a notice to the petitioner calling upon him to produce the account books of the family in order to take action under s. 37...
Tag this Judgment!The Church of Our Lady of Immaculate Conception, a Roman Catholic Reli ...
Court: Karnataka
Decided on: Aug-22-1975
Reported in: AIR1976Kant75; 1975(2)KarLJ468
1. The appellant is the plaintiff. The Church of Our Lady of Immaculate Conception, Urva, Mangalore town, represented by the Priest and the President of the Board of Administration of the said Church, the present incumbent being Rev. Father V. D'Souza. It is a Roman Catholic Church. The subject-matter of the suit is the land survey No. 57/12 measuring 60 cents situate in Boloor village in Mangalore Town. According to the case of the plaintiff the suit property along with the property lying to its west, namely, survey No. 57/6 was purchased by the plaintiff Church from one Anthony Kamthialias Souza, under a registered sale deed dated 14-2-1869. The patta of the suit land continued to stand in the name of the vendor and the plaintiff was paying the assessment of the suit land into the hands of the vendor for payment to the Government for some years. The suit land was consecrated as a burial ground of the plaintiff-Church and is being used ever since its purchase as burial ground of the P...
Tag this Judgment!The Ideal Homes Co-operative Building Society Ltd., Bangalore Vs. P.i. ...
Court: Karnataka
Decided on: Aug-18-1975
Reported in: AIR1976Kant1; ILR1976KAR75; 1975(2)KarLJ312
B. Venkataswami, J.1. This appeal is by a Co-operative Society against an order of Jagannatha Shetty, J. in W. P. No. 6344 of 1974 (Kant) whereby a writ in the nature of certiorari had been issued, quashing the order of rejection of the nomination of the petitioner by the Society with a further direction to accept the same and proceed with the election to the Board of Directors of the Society.2. The facts briefly, are as follows:In connection with the election to the Board of Directors of the Ideal Homes Co-operative Building Society (for convenience, referred to as 'Society'), the respondent herein had submitted his nomination. On an objection by a member, by name Vedavalli, to the effect that the respondent had directly or indirectly an interest in a contract between the Society and a firm by name Bangalore Builders Private Ltd., of which he was the Managing Director, and also on account of a pending litigation between the said firm of builders and the Society, his nomination Stood r...
Tag this Judgment!N.S. Ganesh Rao Vs. Sarphina D'Souza Bai and Anr.
Court: Karnataka
Decided on: Aug-11-1975
Reported in: AIR1976Kant4; 1975(2)KarLJ352
Chandrashekhar, J.1. This revision petition under Section 50 of the Karnataka Rent Control Act, 1961, (hereinafter referred to as the Act) has been referred by one of us to a Division Bench in view of the importance of the question arising for decision, namely, whether an Additional District judge has jurisdiction to hear and decide an appeal under Section 48 of the Act.2. The petitioner herein is a tenant. The respondent herein had made an application under Section 21 of the Act for evicting him from the petition premises. The learned Munsiff had dismissed their application. They preferred an appeal to the District Judge. South Kanara, who transferred it to the Additional District Judge of the District Court, South Kanara. The learned Additional District judge reversed the decision of the learned Munsiff and made a decree for eviction of the tenant. Feeling aggrieved by the decision of the learned Additional District Judge. the tenant has come up in revision.3. Sri P. Ganapathy Bhat, ...
Tag this Judgment!Mammunhi Beary Vs. Neelamma and anr.
Court: Karnataka
Decided on: Aug-06-1975
Reported in: AIR1976Kant21; 1975(2)KarLJ300
ORDER1. This appeal arises out of the suit for redemption filed by the respondents. Respondent 1 is the wife of respondent 2. Respondent No 2 executed a usufructuary mortgage of the plaint 'A' schedule properties, which consist of nine items under Ex. P-1 dated 15-3-1943 for Mg. 300/- in favour of one Hukreaowda, who assigned his rights in favour of the appellant-defendant 1 under Ex. D-1 dated, 6-11-1947. The appellant was in possession till a Receiver was appointed by this Court for the 'A' schedule properties as well as the 'B' schedule properties which form the Kumki lands in respect of the 'A' schedule properties. The 'B' schedule properties are alleged to be the accession to the mortgage properties. The equity of redemption was transferred by the second respondent in favour of one Bommanna Gowda on 30th July. 1943 under Ex. P-3. Bommanna Gowda in turn transferred the equity of redemption under the sale deed, Ex. P-2, dated 22-2-1965 to the first respondent.It is also alleged that...
Tag this Judgment!Addl. Commissioner of Income-tax, Mysore Vs. A.L.N. Rao Charitable Tru ...
Court: Karnataka
Decided on: Aug-04-1975
Reported in: [1976]102ITR474(KAR); [1976]102ITR474(Karn)
Srinivasa Iyengar, J.1. The Income-tax Appellate Tribunal, Bangalore Bench, has stated a case and referred the following question for the opinion of this court : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee was a charitable trust created for the relief of the poor, education and medical relief within the meaning of section 2(15) of the Income-tax Act, 1961 ?'2. The assessee is a trust constituted by one Sri Alur Laxminarayana Rao by a deed, dated 17th March, 1958. The author of the trust settled a sum of Rs. 5,000 on trust for the objects set forth in the said feed. Clause 4 of the deed sets out the objects as follows : (a) The benefits from the trust shall be open to all persons irrespective of caste, community or religion. (b) Awarding scholarships to deserving students. The scholarships may be given by way of loan or outright gratuity not returnable and/or partly by way of loan and partly by way of gift or g...
Tag this Judgment!R.T. Chinnavenkatesh Vs. the Senior Regional Transport Officer and Lic ...
Court: Karnataka
Decided on: Aug-01-1975
Reported in: AIR1976Kant69; 1975(2)KarLJ385
1. In these two writ petitions the question that arise for consideration is whether Section 5 of the Limitation Act is applicable to appeals filed under Section 15 of the Karnataka Motor Vehicles Taxation Act, 1957. The Deputy Transport Commissioner, Mysore, dismissed two appeals filed by the petitioners in these two petitions on the ground that they were barred by time. One of the contentions raised in these two writ petitions is that the petitioners had made applications under Section 5 of the Limitation Act before the Deputy Transport Commissioner to condone the delay in filing the appeals and that in not taking them into consideration, he bad failed to exercise the jurisdiction vested in him. 2. On behalf of the respondents it is urged that Section 5 of the Limitation Act is not applicable to the appeals in question.3. The Karnataka Motor Vehicles Taxation Act and the Rules framed there under do not expressly provide that Section 5 of the Limitation Act would be applicable to the a...
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