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Karnataka Court October 1977 Judgments

Oct 26 1977

Koragamma Parvathi Shedthi Vs. Coondapur Taluk Land Tribunal and anr.

Court: Karnataka

Decided on: Oct-26-1977

Reported in: AIR1978Kant87; ILR1978KAR13; 1978(1)KarLJ14

Govinda Bhat, C.J. 1. This writ Appeal arising under the Karnatnka Land Reforms Act, 1961, is directed against the order dated 17-9-1976 made in W. P. No. 8042 of 1976 by Mali-rnath, J., dismissing the Writ Petition a: the preliminary hearing stage.2. The second respondent Sub-bakka Shedthy is the wife of Manjayya Shetty. The petitioner is theland-holder. The second respondent made an application before the LandTribunal, Coondapur (respondent No. 1) on 3-3-1976 to grant her occupancy right in respect of several items of agricultural lands situate in Chittur village of Coondapur Taluk. In the said proceedings, she made an application under Section 48-C of the Act for issue of an order of Temporary Injunction against the land holder from interfering with her alleged possession of the lands. On that application, the Tribunal made local inspection in the presence of the parties on 17-5-1976. On 15-6-1976 an order was made granting the application for Temporary Injunction in respect of 8 it...

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Oct 24 1977

N. Marulappa Vs. State of Karnataka and ors.

Court: Karnataka

Decided on: Oct-24-1977

Reported in: AIR1978Kant46; ILR1977KAR1485; 1977(2)KarLJ447

G.K. Govinda Bhat, C.J. 1. This appeal preferred by a landholder is directed against the order of Bhimiah, J., dated 10-8-1976 made in Writ Petition No. 3326 of 1976 dismissing the appellant's writ petition challenging the order dated 26-3-1976 made by the Land Tribunal, Tiptur Taluk (Respondent-2) granting temporary injunction against the appellant-landholder in respect of about 13 acres of agricultural land comprised in Survey Nos. 329, 330, 331, 336/2 and 337 of Nonavinakere-Amanikere village.2. Respondents 3 to 15 made separate applications before the Land Tribunal for grant of occupancy rights in respect of separate parcels of agricultural land in the aforesaid survey numbers. The said applications, on notice being served on the appellant, were opposed contending that the applicants before the Tribunal were not tenants and the lands were under the personal cultivation of the appellant and his undivided brother. In the said proceedings, respondents 3 to 15 made applications for gra...

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Oct 14 1977

Ulavappa Bhimappa Hosur Vs. the Sub-divisional Magistrate, Dharwar and ...

Court: Karnataka

Decided on: Oct-14-1977

Reported in: AIR1978Kant107

ORDER1. This petition under Article 226 of the Constitution, is directed against the order made by the Sub-Divisional Magistrate, Dharwar, under Section 4 of the Karnataka Debt Relief Act, 1976, (called shortly 'the Act').Briefly stated, the facts are these A. Y. Choukinavar, respondent-3, is the owner of the land to an extent of 8 acres in Block No. 1000 of Aminabhavi village, Taluk Dharwar. He delivered possession of the land to the petitioner by receiving Rs. 5,000/- and executing a registered deed styled as 'Illavatti', in favour of the petitioner. After coming into force o the Karnataka Land Reforms Act, 1961, the petitioner applied to the Land Tribunal, Dharwar, for occupancy rights in respect of the said land stating that he is in possession of it as a tenant and the deed executed by respondent-3 was a lease in his favour. That matter is still pending consideration before the Tribunal. In the meanwhile, the Karnataka Debt Relief Act, 1976, came into force, and respondent-3 moved...

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Oct 10 1977

Kangale and Company Vs. the Commercial Tax Officer (int.), Ii Northern ...

Court: Karnataka

Decided on: Oct-10-1977

Reported in: [1978]41STC296(Kar)

ORDERSrinivasa Iyengar, J. 1. In this writ petition the seizure of certain records and account books of the petitioners which is a partnership firm carrying on business in cocoanuts at Ravivarpet, Belgaum, by the first respondent and the continued retention of those books and records is challenged. The main prayer is for a direction to the first respondent to return the said records and account books and the notes if any made by the first respondent from out of the said books and also for a writ of prohibition directing respondent-1 not to make use of the notes if any made by him. 2. No counter has been filed on behalf of the respondents. The seizure was on 23rd April, 1977. It transpires that thereafter certain notices and summons were issued to the petitioners as per exhibits B and C dated 27th April, 1977, and 12th May, 1977. It also transpires that the Deputy Commissioner of Commercial Taxes (respondent-2) permitted the first respondent to retain the seized books up to and inclusiv...

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Oct 04 1977

Girija Rudra Vs. the House Rent and Accommodation Controller, Bangalor ...

Court: Karnataka

Decided on: Oct-04-1977

Reported in: AIR1978Kant34; ILR1977KAR1502; 1977(2)KarLJ427

ORDER1. The petitioner is the owner of premises No. 4, 9th Cross, Malleswaram, Bangalore-3 which consists of a ground floor and a first floor. With a view to let out the first floor portion of the premises for non-residential purposes, she approached the House Rent and Accommodation Controller, Bangalore City (hereinafter referred to as the 'Rent Controller'), who is the 1st respondent in this writ petition, for permission to convert the said first floor portion into a non-residential premises. The 1st respondent accorded the necessary permission. Thereafter, the petitioner notified the vacancy in respect of the first floor portion of the premises on 18-11-1976 in the prescribed Form-1, a copy of which is produced in the case as Exhibit-A. The Rent Controller notified the vacancy on the notice board of his office by Notification dated 19-11-1976, a copy of which is produced as Exhibit-B, Among the particulars staled in the said Notification, one pertains, to the rent of the premises no...

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