Karnataka Court June 1978 Judgments
S. Sanjiva Shetty Vs. Anantha and ors.
Court: Karnataka
Decided on: Jun-30-1978
Reported in: [1979]49CompCas468(Kar)
Srinivasa Iyengar, J.1. The question referred to the Full Bench for a decision is : 'Where under a motor vehicle's insurance policy issued prior to March 2, 1970 (i.e., before the amendment of that provision by the Amending Act 56 of 1969), to which s. 95 of the Motor Vehicles Act, 1939, is attracted, a claim is made arising out of an accident occurring after March 2, 1970 (the date on which the said section was amended by Act 56 of 1969), has the extent of the pecuniary limit of liability of insurer to be determined on the basis of the provisions of s. 95 as it stood at the date of the issue of the policy or is the higher limit provided by s. 95 as amended attracted ?'2. The relevant facts bearing on the question are : The accident giving rise to the claims under s. 110A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act'), occurred on April 18, 1970. The Indian Mercantile Insurance Company Ltd. had issued a policy of insurance dated January 9, 1970, in respect of th...
Tag this Judgment!B.V. Subramanya Setty Vs. Senior Regional Transport Officer and ors.
Court: Karnataka
Decided on: Jun-30-1978
Reported in: ILR1984KAR85
1. The petitioner in Writ Petition No. 1149 of 1974 is the owner of a motor vehicle bearing number MYM 4077. He purchased it from M/s Rajalakshmi Motor Service on 24-10-1973. The certificate of registration of the vehicle. Parts 'A' and 'B' of the Stage Carriage Permit which had been obtained in respect ofit, and the tax token relating to it had all been surrendered before the Regional Transport Officer on 27-9-1968 by its former owner claiming exemption upto 31-12-1968 from the tax payable under the Karnataka Motor Vehicle Taxation Act, 1957 (hereinafter referred to as the Taxation Act). Subsequent to to 31-12-68 the documents continued to remain in the Office of the Regional Transport Officer. According to the petitioner, the fitness certificate issued in respect of the vehicle had expired on 10-10-1968 and had not been renewed. After the vehicle was transferred to the petitioner, the Regional Transport Officer, Mysore, who was the Licensing Officer under the Taxation Act issued a no...
Tag this Judgment!JaIn Swetambara Murthi Pujaka Samastha and ors. Vs. Waman Dattatreya P ...
Court: Karnataka
Decided on: Jun-29-1978
Reported in: AIR1979Kant111; ILR1979KAR655; 1978(2)KarLJ425
Venkatachaliah, J.1. These three Civil Revision petitions under Section 115 of the Code of Civil Procedure by Jain Swetambara Murthi Pujaka Samstha, said to be a public trust, are directed against the three orders, all dated 30th August, 1973, made by the Principal Munsiff, Bijapur on interlocutory application in H. R. C. No. 33 of 1970, H. R. C. No. 71 of 1964 and H. R. C. No. 1 of 1970 respectively. By the said orders, the Court below dismissed the applications filed by the petitioner-landlord invoking provisions of O. 1, R. 10, sub-rule (2) read with O. VI, R. 17 of the Civil P. C. Range Gowda, J., has referred these petitions to a Division Bench, and that is how they are before us.2. The factual antecedents in so far as they are necessary for the decision of the question that arises in these petitions are the following:Petitioner herein is said to be a public trust the powers of management and governance respecting which are said to vest in a body of 10 trustees. Petitioner filed i...
Tag this Judgment!Ananda Soap Factory Vs. State of Karnataka
Court: Karnataka
Decided on: Jun-28-1978
Reported in: ILR1978KAR1682; 1979(1)KarLJ60; [1978]42STC356(Kar)
ORDERVenkataramiah, J. 1. Because a common question of law arises for consideration in these two cases, they are disposed of by this common judgment. 2. The petitioners in these two cases were manufacturers of handmade washing soaps, using the edible oils during the period between 1st July, 1971, and 31st December, 1971, which formed part of the assessment year 1971-72. Under the Karnataka Sales Tax Act, 1957 (hereinafter referred to as 'the Act'), the petitioners were liable to pay sales tax at six per cent on their sales turnover of washing soap (vide S1. No. 94 of the Second Schedule of the Act). But by notification dated 31st May, 1971, issued by the State Government under section 8-A of the Act, the State Government reduced the sales tax payable on the sales turnover of hand-made washing soaps by a dealer employing less that twelve persons to three per cent. The said notification read as follows : 'Notification :- In exercise of the powers conferred by section 8-A of the Mysore Sa...
Tag this Judgment!Dr. T. Ramadas M. Pai Vs. Commissioner of Income-tax (No. 2)
Court: Karnataka
Decided on: Jun-28-1978
Reported in: [1978]115ITR883(KAR); [1978]115ITR883(Karn)
Venkataramaiah, J. 1. The two questions referred to us under Section 256(1) of the I.T. Act, 1961 (hereinafter referred to as 'the Act'), are:'(1) Whether, on the facts and in the circumstances of the case, the income from share and house properties was rightly assessed in the status of individual ? (2) Whether, on the-facts and in the circumstances of the case, the Tribunal is right in law in holding that the assessee is entitled to relief under Section 80L in respect of the gross dividend income ?' The first question is referred to us at the instance of the assessee and the second at the instance of the department. Re: question No. (1):2. The assessment year in question is 1970-71. The order of Tribunal was passed on December 20, 1974, rejecting the contention of the assessee that income from share in business and from certain properties should be assessed as income of the HUF of which he was a member. In I.T.R.C. No. 70 of 1973 (T. Ramdas M. Pai v. CIT (No. 1)--See page 815 supra) r...
Tag this Judgment!K. Bhoomiamma and anr. Vs. Controller of Estate Duty, Mysore, Bangalor ...
Court: Karnataka
Decided on: Jun-27-1978
Reported in: [1978]115ITR703(KAR); [1978]115ITR703(Karn)
Venkataramaih, J. 1. Both these reference arise out of the estate duty proceedings consequent on the death of K. Gururajachar who died on February 9, 1969. The Tribunal, Bangalore Bench, has referred, under the E.D. Act, 1953 (hereinafter referred to as 'the Act'), the following five questions : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that a sum of Rs. 48,777 on account of annuity deposits was rightly included in the principal value of the estate of the deceased (2) If the answer to the first question is in the affirmative, whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that no deduction should be made out of the value of the annuity deposits on account of income-tax payable by the legal heirs of the deceased on the instalments of annuity deposits receivable by them (3) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the ...
Tag this Judgment!Channappa Channaveerappa Katti Vs. Laxman Bhimappa Bajentri and ors.
Court: Karnataka
Decided on: Jun-26-1978
Reported in: [1983]53CompCas327(Kar)
Venkatachala, J.1. M.F.A. Nos. 227 and 363 of 1975 under s. 110D of the Motor Vehicle Act, 1939, (to be referred to as 'the Act'), have risen from the common order and separate awards dated February 28, 1975, of the Motor Vehicle Accidents Claims Tribunal (to be referred to as 'the Tribunal'), Bijapur, made in Misc. Cases Nos. 38 and 28 of 1973 - claim cases filed under s. 110A of the Act. 2. The material facts and circumstance leading up to these appeals lie in a narrow compass and they may be summarised thus : A goods vehicle bearing registration No. MYR 3739 was being used by its owner, a public carrier, for carriage of goods from Bijapur to Talikot. On March 3, 1973, when the said vehicle was carrying goods from Bijapur to Talikot, it met with an accident at 6 p.m. near a place called Hitnalli as the driver of the vehicle failed in his attempt to successfully negotiate the vehicle in a sharp curve on the road. As a result of the accident, six persons in the vehicle including one So...
Tag this Judgment!B. Virupakshappa Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Jun-26-1978
Reported in: ILR1979KAR92; (1979)IILLJ69Kant
ORDER1. A Selection Grade Professor in the Department of Collegiate Education of this State, being aggrieved by his supersession, for appointment to the post of the Director of Collegiate Education, and the appointment of his junior to that post, has presented this writ petition. 2. The case of the petitioner is as follows : He had put in a service of 13 years as Professor and 14 years as Reader and had also worked as Principal for 9 years before June, 1977 when the post of the Director in the Collegiate Education Department became vacant. According to the Karnataka Education Department Services (Collegiate Education Department) (Recruitment) Rules, 1964 hereinafter referred to as 'the Rules', the post is required to be filled up either by promotion, by selection from among Professors (Selection Grade) or by the appointment of an I.A.S. Officer. On the basis of service record and merit he was entitled to be promoted being the seniormost Professor (Selection Grade). He was superseded on...
Tag this Judgment!Channappa Chanavirappa Katti and anr. Vs. Laxman Bhimappa Bajantri and ...
Court: Karnataka
Decided on: Jun-26-1978
Reported in: AIR1979Kant93; [1982]52CompCas609a(Kar); ILR1979KAR863
Venkatachala, J.1. M. F. A. Nos. 227 and 363 of 1975 under section 110-D of the Motor Vehicles Act, 1939 (to be referred to as the Act), have arisen from the common order and separate awards dated 28-2-1975 of the Motor Vehicles Accidents Claims Tribunal (to be referred to as the Tribunal), Bijapur, made in Misc. Cases Nos. 38 and 28 of 1973-claim cases filed under Section 110-A of the Act.2. The material facts and circumstances leading up to these appeals lie in a narrow compass and they may be summarised thus: A goods vehicle bearing registration No. MYR 3739 was being used by its owner, a public carrier, for carriage of goods from Bijapur to Talikot. On 3-3-1973, when the said vehicle was carrying goods from Bijapur to Talikot, it met with an accident at 6 P. M. Near a place called Hitnalli as the driver of the vehicle failed in his attempt to successfully negotiate the vehicle in a sharp curve on the road. As a result of the accident, six persons in the vehicle including one Somapp...
Tag this Judgment!Kallaiah Nagaiah Koradhanyamath Vs. Basappa Tirakappa Buradikatti and ...
Court: Karnataka
Decided on: Jun-22-1978
Reported in: AIR1978Kant210; ILR1978KAR1307; 1978(2)KarLJ378
Chandhashekhar, C.J.1. This petition under Art. 226 of the Constitution has been referred to a Division Bench by Rama Jois, J., as in his opinion there appeared to be conflict between the decision of a Bench of this Court in Hayat Beig v. Munivenkate Gowda (1972 (1) Mys LJ 121): (AIR 1972 Mys 226) and the decision of a single Judge in Channegowda v. State of Karnataka, 1975 (2) Kant LJ P. 235).2. This petition is directed against the judgment of the District Judge, Dharwar, in an election petition under Section 41(4) of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (hereinafter to be referred to as 'the Act'), and Rule 45 (2) of the Rules thereunder (hereinafter referred to as 'the Rules').3. Petitioner and respondent 1 were candidates for an election to the office of the Chairman of the Agricultural Produce Market Committee, Ranibennur. The Returning Officer declared that each of them had secured seven votes, On drawing lots, the petitioner was declared as having...
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