Karnataka Court September 1977 Judgments
Venkatesh M. Mariyappa Gowda Vs. Land Reforms Tribunal, Sringeri and o ...
Court: Karnataka
Decided on: Sep-27-1977
Reported in: AIR1978Kant15
ORDER1. This writ petition is directed against the order dated 4-6-1976 passed by the Land Tribunal, Sringeri, in Case No. LRT. 1432/75-76 so far as it pertains to respondent 3, Rukminiyamma, as the case of the petitioner against respondent 2, Mariya Gowda, has been given up at the stage of issuing Rule itself.2. By the said order, Rukminiyamma, respondent 3, was granted occupancy rights to the extent of 2 acres 26 guntas in Survey No. 53 of Kagodu village, Sringeri Taluk.3. It is undisputed that the petitioner is an interested person in the land inasmuch as he is the descendant of Kalanna Gowda, the original owner of the land. That fact is available in the statement of objections filed by Rukminiyamma.4. The main grievance put forth by Sri Mohandas N. Hegde, the learned Advocate appearing for the petitioner, is that the petitioner was entitled to an individual notice under Section 48-A(2) of the Karnataka Land Reforms Act, 1961, but the same was not issued and served on him and as suc...
Tag this Judgment!Sowcar T. Thimmappa and Sons and ors. Vs. the State of Karnataka and o ...
Court: Karnataka
Decided on: Sep-23-1977
Reported in: AIR1978Kant17; 1977(2)KarLJ416
ORDER1. These three writ petitions under Article 226(1)(b) and (c) of the Constitution of India (42nd Amendment) are by the petitioners who are excise contractors and who had been given lease of right of retail vend of Arrack and Toddy for the year 1976-77 in different taluks in Shimoga, Chickmagalur and Chitradurga Districts, seeking a writ of certiorari for quashing the order passed by the 1st respondent in H.D. 65 EDC 77 dated 24th June, 1977 and also for the issue of a writ of mandamus in W. P. Nos. 5239 and 5240 of 1977 regarding the disposal of the lease of right of vend of Arrak and Toddy afresh in those taluks.2. These writ petitions raise common questions of facts and law and, therefore, they are heard together and disposed of by a common order.3. In W. P. No. 5093/1977 the case of the petitioner is that he had been given the lease of right of retail vend of Arrak in the year 1976-77 by the Deputy Commissioner, Shimoga, for Rs. 95,100/- towards the monthly rent of lease to ven...
Tag this Judgment!Mckenzies Ltd. Vs. State of Mysore (Karnataka) and ors.
Court: Karnataka
Decided on: Sep-23-1977
Reported in: AIR1978Kant89; 1978(1)KarLJ57
Malimath, J. 1. M/s. Mckenzies Ltd., Engineers and Contractors, Bombay, have challenged in this revision petition filed under Section 115 of the Code of Civil Procedure, the order of the Second Additional Civil Judge, Bangalore City, made in A. C. No. 14 of 1972, on the 2nd of November, 1973, under Section 5 of the Arbitration Act, 1940, (hereinafter referred to as 'the Act'). The facts necessary for decision of this case may briefly be stated as follows:The petitioner-firm entered into an agreement D/- 23-11-1959 with the 1st respondent-State of Mysore (Karnataka) in connection with construction at Linganamakki Main Dam, Section II, which is part of the Sharvathi Project. The said agreement contained an arbitration clause -- Clause 51 -- in regard to settlement of certain types of disputes between the parties. It contemplates reference of certain types of disputes to Arbitrators, each of the parties to the agreement nominating one Arbitrator. The petitioner raised certain disputes to ...
Tag this Judgment!The State of Karnataka Vs. Kamalaksha
Court: Karnataka
Decided on: Sep-21-1977
Reported in: 1978CriLJ290
C. Honniah, Actg. C.J.1. Kama-laksha, aged about 25 years, of Yeyyadi village of Mangalore Taluk, was charged with having committed the murder of one Mohan, husband of one Sundari (P.W. 5) at about 10.30 p.m. on 8-10-1976 in front of his house. The Sessions Judge, Dakshina Kannada, Mangalore, acquitted the accused of the charge of murder in Sessions Case No. 47 of 1976. Aggrieved by this decision, the State has preferred this appeal.2. Deceased Mohan everyday was going to the hotel of his mother situate at Gurupura village which is at a distance of about 8 miles from Yeyyadi village and used to return back to his house by about 8 p. m. Sundari, wife of Mohan was working in a factory at Mangalore. On one side of the house of Mohan, there was the hotel of P. W. 13 Pundalika Prabhu where the accused, who was a nephew of the said Pundalika Prabhu, was working, On the other side of the house of Mohan, there was the house of Srinivasa Prabhu, P.W. 9 who is the brother of P.W. 13 Pundalika Pr...
Tag this Judgment!Rahamtulla and ors. Vs. State
Court: Karnataka
Decided on: Sep-20-1977
Reported in: 1978CriLJ109
ORDERS.R. Range Gowda, J.1. This petition is directed against the judgment dated 16-7-1976 passed by the Sessions Judge, Shimoga, in Criminal Appeal No. 51/1972, confirming the judgment and order dated 30-9-1972 passed by the Special First Class Magistrate, Shimoga, in C. C. No. 2171/1971 convicting the petitioners who were respectively A-l, A-2, A-3, A-5, A-6 and A-7 Under Section 14 (2) r/w 32 of the Karnataka Excise Act and sentencing each of them to undergo rigorous imprisonment for four months and to pay a fine of Rs. 500/- and in default of payment of fine to undergo R.I. for a further period of one month. The prosecution case was that on 10-11-1969- at about 4-50 AM near Sowlanga Gate situate1 within the jurisdiction of Shimoga Rural Police Station, petitioners 1 to 3 and another viz. N. Basheer Ibrahim when was A-4 before the trial Court and who has been acquitted, were found transporting 720 Brandy bottles without any valid permit in a Car bearing Reg. No, MRZ-7386, and that a...
Tag this Judgment!Aneppa and ors. Vs. the State of Karnataka
Court: Karnataka
Decided on: Sep-05-1977
Reported in: 1978CriLJ462
C. Honniah, Actg. C.J.1. This is an appeal from the judgment of the Additional Sessions Judge, Gulbarga, dated 4-3-1977 convicting the accused (Ai to A5) - (Appellants), Under Section 302 read with Sections 149, 143 and 148 I.P.C. and acquitting accused 6 to 10.2. The prosecution case, briefly stated is as follows; In the village Savalgi, there were two Maths, viz., Shivalingeshwar Math and Santeshwar Math. Mal-likarjun. Swamy (A8) was the head of Shivalingeshwar Math, while Dr. Neelkant Shivacharya Swamy (P.W. 35) was the head of Shanteshwar Math. In the year 1960 P.W. 35 started a free boarding hostel and a High School at Savalgi. There was a Committee managing the affairs of these two institutions. P.W. 35 was the President while Chandranath (A-10) was the vice-president and deceased Channabasappa was the Secretary till 1968 of the said Committee. In regard to the management of these institutions, disputes arose between P.W. 35 and Channabasappa on the one hand and A6 to A-10 on the...
Tag this Judgment!Sankarasetty Pompanna Vs. State of Karnataka and anr.
Court: Karnataka
Decided on: Sep-02-1977
Reported in: 1977CriLJ2072
ORDERK. Bhimiah, J.1. This Criminal Revision Petition Under Section 397, Criminal Procedure Code, is by the petitioner a prisoner in Bellary Jail through the Jail Superintendent, challenging the order passed by the Sessions Judge, Bellary in Criminal Appeal No. 13/77 rejecting the request for condonation of delay in filing the appeal. The appeal has not been disposed of by the learned Sessions Judge on merits. But, it was dismissed on the ground that the petitioner had not shown sufficient cause to condone the delay in filing the Criminal Appeal.2. The facts necessary for the disposal of this Criminal Revision Petition are these :Certain private complaint was filed by the complainant in C.C. No. 127/1975 on the file of Judicial Magistrate First Class, Hadagalli, alleging offences Under Sections 362, 368, 424 and 497 of the Indian Penal Code, against the petitioner and another. The learned Magistrate framed charges, examined prosecution witnesses and defence witnesses and adjourned the ...
Tag this Judgment!D.L. Ramesh Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Sep-01-1977
Reported in: AIR1978Kant3; ILR1977KAR1256; 1977(2)KarLJ286
ORDER1. This is one of the many cases we have had in this Court depicting the manner in which the Special Deputy Commissioner who is the appellate authority under the Karnataka Rent Control Act disposing of a stay petition in appeals relating to allotment of houses. To some, this case may appear to be a small matter but having regard to our legal system which must, of necessity, conform to the rule of law, the case has greater importance. 2. The facts are these: The premises bearing No. 119, Bull Temple Road, Bangalore City, was jointly purchased by the petitioner, his father and brothers under a registered sale deed dated Feb. 18, 1977 for rupees one lakh. It consists of a big site with two out houses widely separated from each other. One out-house is already under the occupation of the brother of the petitioner. When, the other outhouse became vacant, the petitioner intimated the vacancy to the Controller and also sought permission for self-occupation. The Controller rejected his req...
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