Karnataka Court April 1976 Judgments
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S.A. Rahim and anr. Vs. Rajamma and ors.
Court: Karnataka
Decided on: Apr-12-1976
Reported in: AIR1977Kant20; ILR1976KAR1135; 1976(1)KarLJ500
1. This second appeal is by original defendants 7 and 8 against the decree passed by the Civil Judge, Raichur in R. A. No. 125 of 1973, affirming the decree passed by the Munsiff, Ralchur, in O. S. No. 100 of 1967.2. The relevant facts for the disposal of this appeal may, briefly, be stated as follows:- After the suit was instituted by the plaintiffs against the defendants, the 5th defendant, who was set ex parte, died. About two years after his death, an application was made by the plaintiffs on the 4th of September, 1973, under Order XXII, Rule 4 (4) of the Code of Civil Procedure praying that the plaintiffs be exempted from the necessity of substituting the legal representatives of the deceased 5th defendant, who has been declared ex parte. The same day, the learned Munsiff made an order allowing the said application. The suit was ultimately decreed by the Court of first instance, which decree has been affirmed on appeal by the learned Civil Judge. It is the said decree that is chal...
The Madras Motor and General Insurance Co. Ltd. and anr. Vs. Nanjamma ...
Court: Karnataka
Decided on: Apr-08-1976
Reported in: AIR1977Kant46; ILR1976KAR1021
Venkataramiah, J.1. A ghastly incident resulting in the death of seven persons took place at about 2-45 P. M. on 3-51971 along Bangalore-Tumkur High way near Budihal Wage situated about 1% miles away from Nelamangala Town. A motor car bearing registration No. MIT 554 carrying Dine persons including the driver was coming from Tumkur to Bangalore. A lorry bearing registration No. MYO 3955 belonging to Hanji Shivarma was being driven from Bangalore to Tumkur. Near Budihal Village when the two vehicles were about to cross each other there was head-on collision. The middle front portion of the car collided with the middle front portion of the lorry just at the middle of the high way. Consequently seven persons out of nine persons who were in the car, suffered fatal injuries. Five of them died at the spot and two of them died at the hospital immediately after they were taken there. One of them was the driver of the car.2. Seven petitions were filed before the Motor Accidents Claims Tribunal,...
Ahmed Ramlan Vs. Gertie Mathias and ors.
Court: Karnataka
Decided on: Apr-08-1976
Reported in: 1977CriLJ309
M.S. Nesargi, J.1. These appeals are directed against the judgments dated 25-1-1975 passed by the Chief Judicial Magistrate, South Kanara, Mangalore, in C.C. Nos. 480/70, 479/70, 481/70, 477/70 and 478/70 respectively acquitting the respective respondents who were the accused therein of the offence under Section 406 of the Indian Penal Code.2. The undisputed facts may be narrated briefly as follows:There is one tile factory known as Highland tile factory (hereinafter referred to as 'the Factory') in Mangalore. The provisions of the Employees' Provident Funds and Family Pension Fund Act, 1952 (hereinafter referred to as 'the Act') and the Employees' Provident Funds Scheme 1952 (hereinafter referred to as 'the Scheme') apply to the Factory, The respondents deducted Rs. 3,653.50 for the period 1-10-1968 to 31-12-1968, Rs. 3 673.75 for the period 1-1-1969 to 31-3-1969, Rs. 2,925.50 for the period 1-4-1959 to 30-6-1969, Rs. 2,289.75 for the period 1-7-1968 to 30-9-1968 and Rs. 2,985.75 for ...
Kumari Lokamma Vs. Sundara Sapalya
Court: Karnataka
Decided on: Apr-07-1976
Reported in: 1976CriLJ1962
ORDERD. Noronha, J.1. In M. C. No. 70/73 on the file of the Judicial Magistrate First Class, Second Court, Mangalore, the application was filed under Section 488, Criminal P. C. (Old) by a child (girl), represented by her mother and guardian. The respondent was the alleged father. The applicant claimed maintenance from him at Rs. 100/- per month. The respondent disputed his paternity of the petitioner-child.2. Evidence, both oral and documentary, was adduced. The Magistrate held that the petitioner has not proved that she is the illegitimate child of the respondent. The second sentence in paragraph 22 of the Order dated 7-6-1975 of the Magistrate reads:.......As P.W. 1 has failed to show that the petitioner is the illegitimate child of the respondent, the application filed for maintenance has to be dismissed.........3. The Revision Petitioner here is the petitioner before the Magistrate. During the cross-examination of the respondent, (R. W. 2), the following answer appears:I am prepar...
Commissioner of Income-tax Karnataka-i Vs. Mysore Paper Mills Ltd.
Court: Karnataka
Decided on: Apr-05-1976
Reported in: [1980]126ITR437(KAR); [1980]126ITR437(Karn)
Govinda Bhat, C.J.1. This is an application under s. 256(2) of the I.T. Act, 1961, made by the Commissioner of Income-tax, Karnataka-I, Bangalore, to direct the Tribunal to state a case and refer the question whether the Tribunal was right in law in holding that the expenditure of Rs. 6,588 incurred by the assesses company on catering and refreshments, etc., for its shareholders and guests at the general body meeting, did not constitute expenditure in the nature of entertainment and, therefore, the restrictions laid down under s. 37(2A) of the Act is not applicable to the said expenditure. 2. The Tribunal has come to the conclusion that expenditure incurred at the general body meeting cannot be regarded as entertainment expenditure. Entertainment presupposes a third party being entertainment by the assessee; one does not entertain himself. There cannot be any two views on this question and we do not consider that there is any referable question of law. Accordingly, this petition is dis...
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