Karnataka Court January 1981 Judgments
S.N. Nagaraja Rao Vs. Chikkachennappa and ors.
Court: Karnataka
Decided on: Jan-02-1981
Reported in: 1981(1)KarLJ201
Rama Jois, J.1. In view of the preliminary objection raised to the maintainability of this petition presented under Article 215 of the Constitution of India read with the provisions of the to Contempt of Courts Act 1971 alleging that the respondents had committed 'criminal contempt' of this Court and praying for taking suitable action against them, the following question of law arises for our consideration : Whether the provision for making a motion for taking action for criminal contempt of the High Court against an alleged contemner with the consent of the Advocate General incorporated in Section 15(1) of the Contempt of Courts Act, 1971, is mandatory or directory 2. Briefly, the facts of the case are these : (i) The petitioner is one of the petitioners in an election petition filed under section 80 of the Representation of the People Act, 1951, and pending before this Court calling in question the election of Sri Devraj Urs, former Chief Minister of Karnataka to the State Legislativ...
Tag this Judgment!The Divisional Superintendent (Works), Southern Railway, Mysore Vs. St ...
Court: Karnataka
Decided on: Jan-02-1981
Reported in: [1981]48STC33(Kar)
Rama Jois, J.1. In these two writ petitions presented by the District Controller of Stores, Southern Railway, Mysore, the following question of law arises for consideration : 'Whether sales tax is leviable on the sale proceeds of cinder and scrap material sold by the railway department under the provisions of the Karnataka Sales Tax Act, 1957, as they stood prior to 1st April, 1976 ?' 2. Facts : (i) W.P. No. 7025 of 1975 : Coal is one of the important materials which the railway administration purchases during every year for being used as fuel for the purpose of running the locomotive engines. After the coal is burnt as fuel in the railway engines, the cinder and ash resulting therefrom are dropped from the engines. Such cinder and ash dropped from the engines get accumulated at the station and in the railway workshops. The cinder and ash so discarded by the railway engines are waste material and of no use for the railway administration. This has got to be removed at great expense for ...
Tag this Judgment!Deputy General Manager and Divisional Controller, State Road Transport ...
Court: Karnataka
Decided on: Jan-02-1981
Reported in: AIR1981Kant129; ILR1981KAR560; 1981(1)KarLJ528
Vithal Rao, J.1. This appeal by K. S. R. T. C. is directed against the judgment and award dated 19th day of March, 1979, passed by the Motor Accidents Claims Tribunal, Hassan, in Misc. (MVC) No., 27- -of. 1077, on its file, awarding compensation to the legal representatives of the deceased C. Huchegowda in a sum of Rs. 90,000/-2. The relevant facts, briefly stated, are as follows:At about 3-00 P. M. on 26-5-1977 the deceased C. Huchegowda was travelling on the pillion of Scooter bearing No. MYS. .3345 driven by P. W.3 Shvlakumar on Honbal-Sakaleshpur road. The scooter was going slowly on the left side of the road and while it was so proceeding near Ganadahole village a K. S. R. T. C. bus bearing registration No. MYF 5276 came with a high speed driven rashly and negligently by its driver from the opposite direction and hit the scooter causing, fatal injuries to the deceased, the pillion rider. The deceased Huchegowda fell down fatally injured. He was removed to the hospital at Sakaleshp...
Tag this Judgment!British Physical Laboratories India Private Limited Vs. the Assistant ...
Court: Karnataka
Decided on: Jan-02-1981
Reported in: 1981LC259D(Karnataka)
ORDERM.K. Srinivasa Iyengar, J.1. The petitioner No. in both the writ petitions is common and it is convenient to dispose of both the matters by a common order.2. The question involved in both these writ petitions is whether the machinery manufactured by the petitioner which is styled as Electronic Stencil Scanner, the manufacture of which was started in 1973, was liable to excise duty in pursuance of the notification dated 1-3-1970 produced as Exhibit R-2 along with the counter-affidavit filed by the respondents. By virtue of that notification, all items falling under item No. 33D of the First Schedule to the Central Excises and Salt Act, 1944 (hereinafter referred to as the Act) except those specified in the schedule annexed to the said notification were exempted from payment of excise duty. The schedule to the notification listed 30 items. In response to a communication addressed by the Petitioner submitting that the said machinery was not liable to excise duty and seeking advice in...
Tag this Judgment!O.S. Anchan Vs. Grace W. Enthat and ors.
Court: Karnataka
Decided on: Jan-01-1981
Reported in: AIR1982Kant14; 1981(1)KarLJ250
1. This is a plaintiffs Second Appeal against his partial failure in his suit in the Courts below though the partial failure has been different in extent in the lower Courts.2. The parties to this appeal will be referred to by the rank and position assigned to them in the trial Court.3. The Plaintiff is the perpetual lessee of about 44 cents of land bearing S. No. 152/lB2 within the Municipallimits of Mangalore City. The lessor is the United Basel Mission Church in India Trust Association (hereinafter referred to as the Trust). His Perpetual lease was first granted in the year 1951 and later on, a small area was added to the first lease in 1957. In this circumstance in 1960 a composite lease of the two bits of properties was executed. It was plaintiff's case in the trial Court that he had acquired under the three lease deeds an exclusive right to the pathway leading from what is known as 'Balmatta new Road' to the leased property. In the first instance the entire pathway was restricted...
Tag this Judgment!Shama Rao Hanumantharao Kulkarni and ors. Vs. State of Karnataka and o ...
Court: Karnataka
Decided on: Jan-01-1981
Reported in: AIR1981Kant135; ILR1981KAR780; 1981(1)KarLJ193
1. This appeal is by 17 plaintiffs out of the original 67 Plaintiffs and is directed against the judgment and decree dated 8-10-1973 of the Civil Judge, Haveri in R. A. No. 72 of 1971 affirming the judgment and decree dated 14-8-1968 of the Munsiff Haveri in L. C. suit No. 12 of 1967.2. At Bommanahalli village of Hanagal Taluk, Dharwar District, there is a Government irrigation tank bearing R. S. No. 176. In the earlier revenue records, the tank had been given R. S. No. 97 of Needsangi village, which is now a becharak or an abandoned village. Ever since the said tank was constructed or at any rate till about 1966 or so there were two sluices or outlets regulating the supply of water to the command area or 'achakat' of the said tank. On an examination of the requirements of the land holders of the command area, in March, 1966, according to defendant No. 1, but some time in March, 1967 according to the plaintiffs, defendant No. 1 has constructed one more sluice or out-let to the said tan...
Tag this Judgment!Savithri Amma Vs. Devaki Amma
Court: Karnataka
Decided on: Jan-01-1981
Reported in: AIR1982Kant67; 1981(1)KarLJ162
1. An unsuccessful plaintiff before the Courts below appeals to the Court. A simple and a clear case that should have been decreed, has been dismissed by the Courts below because they disregarded the law of pleadings, the basic concepts of Hindu law, simple rules of interpretation of statutes and the law of precedents, the result of which is lack of clarity in their judgments, which should be the hallmark of a judicial decision.2. At a village called Padekallu Karopady, Bantwal Taluk, Dakshina Kannada District, there was a joint Hindu family consisting of one Vishnu Bhatta, his wife Savitriarnma and their three sons, Ganapathy Bhatta, Krishna Bbatta and Narayana Bhatta governed by Mithakshara School of Hindu law, owning various properties. Vishnu Bhatta died on 6-4-1952 and thereafter the other members continued to be joint till 15-10-1963. On 16-10-1963 there was a partition among the surviving members of the said joint family and by a registered partition deed of that date (Exhibit D...
Tag this Judgment!- ‹ Prev
- 1
- Next ›