Karnataka Court February 1977 Judgments

B.G. Thimmappaiah and ors. Vs. Gurusiddappa and ors.

Court: Karnataka

Reported in: 1977CriLJ1544

ORDERD.B. Lal, J.1. This is a petition Under Sections 482 of the Criminal Procedure Code and is directed against the order of the Sub-Divisional Magistrate, Bangalore causing attachment of the disputed land and appointment of a receiver in respect thereof, presumably Under Section 146 of the said Code. As the order of the learned Magistrate indicates, the Police Sub-Inspector, Yeshawanthapur filed a report Under Section 145 of the Criminal Procedure Code, stating that in respect of Survey numbers 37, 38 and 41 of that village a dispute likely to cause breach of the peace existed between the petitioners who were the second party and respondents 1 to 5, who were the first party before him. It was mentioned that one of the parties applied to the Land Reforms Tribunal for conferring occupancy rights and besides that several complaints were filed by the respective parties claiming possession in their favour. There were also standing crops of Ragi, Avare and Jowar and the learned Magistrate ...

The Secretary to the Council of the Chartered Accountants of India Vs. ...

Court: Karnataka

Reported in: AIR1977Kant124; 1977(1)KarLJ255

Venkataswami, J.1. this reference is by the Council of the Institute of Chartered Accountants (hereinafter referred to as Institute), under S. 21 of Chartered Accountants Act, 1949 (hereinafter referred to as the Act), recommending that the respondent one Sri Shantharama Rao, a Chartered Accountant, be removed from the membership of the institute for a period of 3 months.2. The respondent commenced his practice as an Accountant in or about the year 1934. He has been an auditor of a company by name Messrs. Mangalore Automobiles Ltd., incorporated under the provisions of the Companies Act. In respect of his audit concerning the year's 1963-64, 64-65 and 65-66, certain irregularities were noticed by the Registrar of Companies in Mysore, Bangalore, and the same were brought to the notice of the Institute by his letter-dated 11-12-1971. Since the Registrar failed to furnish the further particulars called for and to comply with the directions issued by the Institute, the said letter itself w...

Beerapa Lakkappa Devakatti Vs. the Land Tribunal, Bijapur Taluka and o ...

Court: Karnataka

Reported in: AIR1977Kant128; 1977(1)KarLJ252

ORDER1. This Writ Petition under Article 226 of the Constitution of India arises out of the proceedings initiated before the Land Tribunal, Bijapur Taluka (respondent No. 1) on an application made by Bheemappa Yallappa Byadagi (respondent No. 2) under S. 45 of the Karnataka Land Reforms Act, 1961 hereinafter called 'the Act', claiming registration of occupancy in respect of a land comprised in R. S. No. 215/2 measuring 16 acres and 12 Guntas in Shiddapur village of Bijapur Taluka.2. The petitioner is the land-holder. On the application of the second respondent claiming registration of occupancy, the Tribunal issued notice to the petitioner. The petitioner opposed the application on the ground that the land in dispute was not a tenanted land immediately prior to Ist March 1974, which is the relevant date for determination of a dispute under Section 45 of the Act. The petitioner produced before the Tribunal certified Extracts of the Record of Rights and other documents. The Tribunal exam...

P.M. Raju Vs. State of Karnataka

Court: Karnataka

Reported in: 1977CriLJ1545

ORDERD.B. Lal, J.1. This revision arises out of the judgment of the Sessions Judge, Bangalore, who dismissed the appeal filed against the judgment of the Chief Metropolitan Magistrate, Bangalore City, and convicted the petitioner for an offence Under Section 279 read with Section 338 of the I. P. Code and sentenced him to pay a fine of Rs. 200/- and Rs. 300/- respectively for the two offences.2. The petitioner P. M. Raju was a driver of the bus trailer No. MYF 337/497. It was alleged that on 3-10-1974 at about 9-30 a.m., he was driving the said bus trailer and was coming on Thilak Park Road from south to north. When he reached the corner near Upparpet Police Station, he knocked down an old pedestrian, aged about 80 years, who was just crossing the road from east to west from the direction of that Police Station, as he had to cross the road towards Balepet, where he had to meet his lawyer. No sooner the incident took-place, the accused stopped the bus-trailer. He got down from the bus a...

Vazayil Mohammed Vs. Sridhar Puranika

Court: Karnataka

Reported in: AIR1977Kant129; ILR1977KAR551; 1977(1)KarLJ203

ORDER1. This petition is directed against judgment dated 30-9-1974 passed by the Additional District judge, South Kanara, Mangalore, in H. R. C. Appeal No. 3 of 1970, allowing the appeal filed by the present respondent against the order dated 24-12-1969 passed by the Munsiff, Coondapur, in H. R. C. Suit No. 4 of 1969, and directing eviction of the petitioner from the premises in question viz., 7 cents of vacant land in survey No. 107/7 of Coondapur Kasaba, District South Kanara.2. The undisputed facts are that the respondent is the owner of 7 cents of land in survey No. 107/7 of Coondapur Kasaba, District South Kanara, and that is the premises concerned in this case. The respondent leased out this vacant land to the petitioner for running timber depot.*(Against order of Addl. Dist. J., South Kanara, Mangalore, D/- 30-9-1974The respondent filed a petition in H. R. C. Suit No. 4 of 1969, before the Munsiff at Coondapur, against the petitioner' under S. 21(1)(a), (f) and (h) of the Karnat...

The Union of India Vs. C.R. Prabhanna and Sons

Court: Karnataka

Reported in: AIR1977Kant132; ILR1977KAR545; 1977(1)KarLJ247

1. the question that arises for consideration in this second appeal relates to the jurisdiction of the trial court to entertain the suit out of which this appeal arises.2. The plaintiffs in 0. S. No 581 of 1967 on the file of the Munsiff, Tumkur, instituted the said suit for recovery of damages or compensation for loss of goods, which had been consigned by defendant 3 under Railway Receipt No. 344699 Invoice No. C-42 dated 18-9-1965 at Wadi Bunder Railway Station, Bombay, in favour of the plaintiffs. The place of destination of the goods was mentioned as Bangalore City Railway Station in the said Railway Receipt, Defendant 3 sent the Railway Receipt to the plaintiffs through the State Bank of Mysore, Tumkur Branch, Tumkur. The plaintiffs paid the amount payable to defendant 3 through the State Bank of Mysore, Tumkur, and took delivery of the Railway Receipt with the endorsement made in their favour by the Bank. The goods in question were not delivered to the plaintiffs till about Janua...

Vasundara Traders Vs. State of Karnataka

Court: Karnataka

Reported in: 1977CriLJ1539

C. Honniah, J.1. The petitioners were merchants and commission agents at Bangalore, They had obtained licences from competent authority to deal in rice under the Karnataka Foodgrains Wholesale Dealers Licensing Order 1964. They purchased 100 bags of rice and were transporting the same in lorries from Sira to Bangalore on 25-3-1975. The Food Inspector seized the rice near Tumkur and reported the matter to the Deputy Commissioner. The Deputy Commissioner issued show-cause notices Under Section 6-B of the Essential Commodities Act 1955 to the drivers who were transporting the rice and the owner of the lorries. The drivers and the owner, in response to the show-cause notices, stated that the lorries were hired by the petitioners and they were transporting the rice for and on behalf of the petitioners. The petitioners appeared before the Deputy Commissioner and claimed that the rice belonged to them and they were transporting the same to their shops at Bangalore. The Deputy Commissioner, af...

Ganesha Narayana Hegde and ors. Vs. Commercial Tax Officer

Court: Karnataka

Reported in: (1978)7CTR(Kar)79; 1976(1)KarLJ233; [1977]40STC400(Kar)

D.B. Lal, J. 1. These are there are there criminal Revision Petitions presumably under S. 13(4) of the Karnataka Sales Tax Act (hereinafter to be referred as the 'Act') against the order of the J.M.F.C. Siddapur, issuing a distress warrant to the Deputy Commissioner, North Kanara, Karwar, to recover the amount as arrears of land revenue. 2. Since a common question of law and fact arises, these three petitions can be disposed of by a single order. 3. The uncontroverted facts are, that M/s Vigneshwara company is a registered partnership firm, and it is a dealer as much to pay the sales tax. The petitioners as well as some of the respondents are the partners of the firm. The Commercial Tax Officer passed an assessment under against the firm and the proceedings under S. 13(3)(b) of the Act for recovery are being initiated against the partners of that firm. In view of S. 421 of the Code of Criminal Procedure, for which a complaint was filed by the Commercial Tax Officer before a Magistrate,...

Ganesha Narayana Hegde Vs. the Commercial Tax Officer and anr.

Court: Karnataka

Reported in: 1977CriLJ1854

ORDERD.B. Lal, J.1. These are three criminal revision petitions presumably Under Section 13(4) of the Karnataka Sales Tax Act (hereinafter to be referred as the 'Act') against the order of the J. M. F. C., Siddapur, issuing a distress warrant to the Deputy Commissioner, North Kanara, Karwar, to recover the amount as arrears of land revenue.2. Since a common question of law and fact arises, these three petitions can be disposed of by a single order.3. The uncontroverted facts are, that M/s. Vigneshwara Company is a registered partnership firm, and it is a dealer as such to pay the Sales Tax. The petitioners as well as some of the respondents are the partners of the firm. The Commercial Tax Officer passed an assessment order against the firm and the proceedings Under Section 13(3)(b) of the Act for recovery are being initiated against the partners of that firm, In view of Section 421 of the Code of Criminal Procedure, for which a complaint was filed by the Commercial Tax Officer before a...

Ganesha Narayana Hegde Doddamane Vs. Commercial Tax Officer and anr.

Court: Karnataka

ORDERLal, J. 1. These are three criminal revision petitions presumably under section 13(4) of the Karnataka Sales Tax Act (hereinafter to be referred as the 'Act') against the order of the J.M.F.C., Siddapur, issuing a distress warrant to the Deputy Commissioner, North Kanara, Karwar, to recover the amount as arrears of land revenue. 2. Since a common question of law and fact arises, these three petitions can be disposed of by a single order. 3. The uncontroverted facts are that M/s. Vigneshwara Company is a registered partnership firm, and it is a dealer as such to pay the sales tax. The petitioners as well as some of the respondents are the partners of the firm. The Commercial Tax Officer passed an assessment order against the firm and the proceedings under section 13(3)(b) of the Act for recovery are being initiated against the partners of that firm. In view of section 421 of the Code of Criminal Procedure, for which a compliant was filed by the Commercial Tax Officer before a Magis...