Karnataka Court March 1982 Judgments
Mohaddinsaheb Shikandar Saheb Maniyar and ors. Vs. Hasabsaheb Karim Sa ...
Court: Karnataka
Decided on: Mar-12-1982
Reported in: AIR1983Kant13; 1982(2)KarLJ72
1. This appeal by defendent 1, 2, 3, 5, 6, 9 and 10 is directed against the judgment and decree dated 12-12-1974, passed by the Additional Civil Judge, Bijapur, in R. A. No. 106/ 1973, on his file, dismissing the appeal on confirming the judgment and decree, dated 30-5-1973, passed by the Principal Munsiff, Jamkhandhi, in O.S. No. 28/1969, on his file, decreeing the suit of the plaintiff as prayed for.2. Plaintiffs instituted a suit for recovery of the contribution on the charge of the mortgage properties. the defendants contested mainly on the ground that the suit was barred by time.3. The trail Court, appreciating the evidence on record, answered all the material issues in favour of the plaintiff and decreed the suit as prayed for. Aggrieved by the said judgment and decree, the defendants went up in appeal before the civil Judge Bijapur in R.A. No. 106/1973 , on his file. The learned Additional Civil Judge, Bijapur, who heard the appeal raised the following points, as arising for his...
Tag this Judgment!P. Keshava Vithoba Bhandarkar and Brothers Vs. Deputy Commissioner of ...
Court: Karnataka
Decided on: Mar-11-1982
Reported in: [1983]53STC240(Kar)
ORDERVenkatachaliah, J.1. The matters arise under the Karnataka Sales Tax Act, 1957 (hereinafter called the Act). In these writ petitions, the notices issued by the revisional authority under the 'Act' proposing to revise the assessment orders so as to bring to tax the purchase turnover in old gold and silver articles are challenged. 2. The impugned notices initiating the proceedings for revision proceed on the premise that the exemption in respect of such purchase turnover available under Notification No. S.O. 2048 dated 10th September, 1970, issued by the Government under section 8-A of the Act stood, in view of the pronouncement of a learned single Judge of this Court in Shrishailappa v. Commercial Tax Officer, Jamkhandi [1975] 36 STC 223 cancelled whenever there was a modification in the rate of tax and that in this case there has been such a modification resulting in the exemption ceasing to apply. It is to be noted that in K. Janardhana Acharya v. State of Karnataka [1980] 46 STC...
Tag this Judgment!Namadev Keshav Hndalekar Vs. Nazar Sheriyar Mazada
Court: Karnataka
Decided on: Mar-11-1982
Reported in: AIR1983Kant19; ILR1982KAR1226; 1982(1)KarLJ437
1. The appellant, who had secured a judgment and decree in his favour in O.S. No 134 of 1977 on the file of the Principal Munsiff, Belgaum, has preferred this appeal against the judgment and decree of the IV Additional Civil Judge, Belgaum,, in R.A. No. 86 of 1979, by which he has set aside that judgment and decree of the Munsiff. The respondent was the defendant in the suit.2. The suit was for redemption of the suit schedule property, it being a non-residential premises situated at Belgaum City and said to have been mortgaged with possession to the defendant under a registered document dated 1-5-1974. According to the plaintiff it was a self-redeeming mortgage redeemable on or after 30-4-1976.3. The defendant resisted the claim contending, inter alia, that the transaction was not a mortgage; that it was a lease; and that he and the plaintiff never intended that the transaction in question should be a self-redeeming mortgage and on the other they intended that to be an lease (para-11 o...
Tag this Judgment!The Special Land Acquisition Officer, Alamatti Vs. Tammanna Yamanappa ...
Court: Karnataka
Decided on: Mar-11-1982
Reported in: AIR1983Kant16; 1982(2)KarLJ117
Malimath, J.1. These appeals are by the Special Land Acquisition Officer, Upper Kirishna Project, Alamatti, challenging awards made by the Civil Judge, Bagalkot, in L.A.C. Nos. 599 to 569 of 1980.2. In pursuance of the preliminary notification deed 22nd Feb., 1979, lands belonging to the respective respondents claimants situate in Walakaldimma village in Hungund Taluk, Bijapur District, were acquired for the Narayanapur Reservoir project. The claimants having claimed compensation at Rs.20,000/- per acre, the Land Acquisition Officer, classifying the lands as good and medium type of lands on the basis of the assessment, fixed the market value of good type of lands at Rupees 3,320/- per acre and of medium type of lands at Rs.3,120/- per acre. On reference, the learned Civil Judge came to the conclusion that there is no justification for classifying these lands into two categories and held that all the lands are good type of lands. He awarded compensation at uniform rate of Rs.10,500/- pe...
Tag this Judgment!Jethruse D'Souza and Ors. Vs. Catherine D'Souza
Court: Karnataka
Decided on: Mar-10-1982
Reported in: AIR1983Kant14; ILR1982KAR1221; 1982(2)KarLJ110
1. This appeal by the legal representatives of the original plaintiff is directed against the judgment and decree dated 21-9-1974 passed by the Principal Civil Judge, Mangalore, in Regular Appeal No.136 of 1971, on his file, partly allowing the appeal and modifying the judgment and decree dated 30-6-1971 passed by the First Additional Munsiff, Mangalore, in Original Suit No.342 of 1964, on his file.2. The original plaintiff filed a suit for partition of his 1/3rd share, for separate possession of the same and for taking accounts and claiming future mesne profits and costs. The plaintiff, his mother Nathalia, his brother Inas D'Souza were, according to him, the co-owners of the immoveable properties described in the suit schedule. They were in joint possession of the same. The defendant in the suit purchased the undivided shares of the mother and the brother of the plaintiff under a registered sale deed dated 3-1-1957. The plaintiff was in joint possession of the same. He demanded parti...
Tag this Judgment!Sha Babulal and Co. Vs. B. Nagappa
Court: Karnataka
Decided on: Mar-09-1982
Reported in: AIR1983Kant217
1. This appeal by the plaintiff is directed against the judgment and decree dt. 19-3-1975 made by the Civil Judge. Bellary in R. A. No. 9 of 1974 on his file, allowing the appeal on reversing the judgment and decree dt. 11-12-1973 passed by the Munsiff, Kudligi, in O. S. No 28/70 on his file, decreeing the suit of the plaintiff.2. The plaintiff instituted a suit for recovery of Rs. 1090-25P. along with interest at 12% per annum. The plaintiff described himself as a joint family firm. Subsequently, however, by an amendment, the plaintiff was changed as a partnership firm registered under the Partnership Act and the trial Court decreed the suit holding that the suit even after the amendment was not barred by time. The defendant took up the matter in appeal and the learned Civil Judge raised the following points as arising for his consideration in the appeal.(1) Whether the entries made in the Day Book Ex. P-2 as in Exs. P-2 (a) and (b) are genuine? (2) Whether the defendant is liable to ...
Tag this Judgment!Chandramohan Kumar Vs. Florence Indravathi and anr.
Court: Karnataka
Decided on: Mar-09-1982
Reported in: AIR1982Kant242; ILR1982KAR743
Sabhahit, J.1. This arises out of a reference made by the Principal Civil Judge, Shimoga, by his order dated 8-9-1980 passed by him for dissolution of marriage in Matrimonial Case No. 21 of 1979, on his file.2. Shri Chandramohan Kumar made a petition to the Court of the District Judge, Shimoga, for dissolution of his marriage with Mrs. Florence Indravathi, respondent-1 in the petition, under Section 10 of the Divorce Act, 1869, (hereinafter referred to as 'the Act'). He averred that -his marriage with respondent-1 in the petition was solemnised on 18-5-1978 according to Christian Religious Rites. After the marriage, he took respondent-1 to his residence on 21-5-1978. Respondent-1 stayed with the petitioner for a week and, thereafter, she went to Bommanahally to the house of her parents along with the petitioner. On 30-5-1978 in the night, the marital ceremony was arranged. But according to the petitioner, respondent-1 did not co-operate with the petitioner for sexual intimacy. Even on ...
Tag this Judgment!S.V. Patwardhan Vs. State of Karnataka
Court: Karnataka
Decided on: Mar-08-1982
Reported in: [1984]57STC10(Kar)
ORDERVenkatachaliah, J.1. The matters arises under the Karnataka Sales Tax Act, 1957. In this petition, the petitioner challenges the notice dated 18th January, 1982, issued by the Assistant Commercial Tax Officer, 1st Circle, Bijapur seeking to rectify the assessment to sales tax earlier made and to bring to tax the purchase turnover in old gold and silver articles on the ground that after the introduction of section 8A(3-A) into the Act, by the Karnataka Sales Tax Amendment Act, 1981 (Karnataka Amendment Act No. 7 of 1981), the earlier notification dated 10th September, 1970, issued under section 8A of the Act exemption the purchase turnover in old gold and silver articles subject to certain conditions stipulate therein, stood retrospectively cancelled with effect from 1st July, 1972, on which day the rate of tax on gold and silver articles was increased from 3 per cent to 3 1/2 per cent by the provisions of the Karnataka Sales Tax Amendment Act 5 of 1972. 2. It is not necessary to g...
Tag this Judgment!Laximibai Vs. Thoreppa
Court: Karnataka
Decided on: Mar-08-1982
Reported in: AIR1982Kant248
1. This, appeal by the plaintiff is directed against the judgment and decree dated 16-4-1975 passed by the District Judge, Raichur, in Regular Appeal . No. 102 of 1970, on his file, allowing the appeal, on reversing the judgment and decree dated 29-1-1965 passed by the Munsiff, Deodurg, in Original Suit No, 11/1 of 1964, on his file, decreeing the suit of the plaintiff.2. It is the case of the plaintiff that one Rukmajappa was tile owner of two houses bearing Municipal Nos, 619 and 620 situate in Deodurg Town. Rukmajappa left Deodurg in the year 1929-30 for Adoni and settled there. Before, leaving Deodurg for good, he leased out the houses in favour of the defendant on an yearly rent of Rs.25/- with a stipulation that the, defendant should pay the house taxes also and maintain the house in good repairs. The said Rukmajappa died on 16-04-1931 in Adoni leaving behind him his son Subbanna and four daughters. After the death of his father Subbanna became the owner of the two houses and the...
Tag this Judgment!The Karnataka State Board of Wakfs Vs. Mohamed Nazeer Ahmed and anr.
Court: Karnataka
Decided on: Mar-04-1982
Reported in: AIR1982Kant309; 1982(2)KarLJ176
Jagannatha Shetty, J.1. This appeal by the Karnataka State Board of Wakfs has been preferred against the judgment and decree dated March 20, 1974 made in 0. S. No. 84 of 1966 - by the Additional Civil Judge, Mysore.2. The facts in brief are these :The Board of Wakfs published in the Official Gazette dated Nov. 4, 1965 a list of Wakfs including the property 'Fathimabi Trust' in Kalamma Temple Street, Mandi Mohalla, Mysore. Mohamed Nazeer Ahmed - the plaintiff - claiming that property as his personal property, instituted the suit out of which this appeal arises. The suit was for a decree to delete the said property from the list of Wakfs on the ground, among others, that it was not Wakf property; that the original owner did not dedicate it for charitable or religious purposes; and the Commissioner of Wakfs had no material whatsoever to include the property in the list of Wakfs.3. The Wakf Board while resisting the suit, contended inter alia, that the Commissioner of Wakfs, after making a...
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