Karnataka Court August 1982 Judgments
Chekkera Ponnamma and ors. Vs. A.S. Thammayya
Court: Karnataka
Decided on: Aug-27-1982
Reported in: AIR1983Kant124; 1983(1)KarLJ44
1. This second appeal is by the defendants. They were defendants in O. S. No 201 of 1966 on the file of the principal Munsiff, Virajpet. They are the legal representatives of one Chekkara Machayya (Machayya). Machayya died on 12-12-1961. Respondent Thammayya was the plaintiff in the suit. He had claimed a money decree against the defendants. By this judgment dated 28-2-1973 the learned Munsiff had dismissed the suit in the appeal preferred by Thammayya in R. A. No. 14 of 1973 the learned Civil Judge, Coorg, Mercara, allowed the appeal, set aside the judgment and decree of the Munsiff, and granted a decree as prayed for with costs, with a direction that the decretal amount should be realised from the assets of Machayya in the hands of the defendants. It is this judgments and decree that is under challenge.2. FACTS: Thammayya's case has been that in respect of four motor vehicles Machayya had entered into Hire Purchase Agreements with a concern called Finance Corporation, Bangalore, of w...
Tag this Judgment!B. Narayana Kamath Vs. S. Sanjiva Naika
Court: Karnataka
Decided on: Aug-24-1982
Reported in: AIR1983Kant162
ORDER1. This petition by the tenant is directed against the order, dated 7-11-1974, passed by the learned Principal Munsiff, Karkal, in H. R. C. No. 22/1973, dismissing the said petition which was filed by the tenant under Section 43 of the Karnataka Rent Control Act.2. Brief facts of the case are that the tenant filed an application on 9-10-1973, under Section 43 of the Act for a direction to the landlord-respondent here in, to restore supply of water to the leased property from the pipeline fitted to overhead tank situate in the landlord's property and to direct the landlord to pay damages at the rate of Rs. 50/- per cent until restoration and to pay Rs. 100/- towards compensation to the tenant and also to award costs of the proceedings.3. The allegations in the petition are to the effect that the petitioner is a tenant of door No. 3-546 of Karkala Town Municipality under the landlord, on a monthly rent of Rs. 25/- since 1958 under a lease deed executed between the parties. The water...
Tag this Judgment!Commissioner of Income-tax Vs. N.S. Shankara Shetty
Court: Karnataka
Decided on: Aug-17-1982
Reported in: [1985]152ITR536(KAR); [1985]152ITR536(Karn)
Venkatachaliah, J.1. In the reference under s. 256(1) of the I.T. Act, 1961, the Income-tax Appellate Tribunal, Bangalore Bench, Bengalore, has stated a case and referred the following question of law for the opinion of this court : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the share income of N.R. Shankara Shetty from the firm of M/s. Sri Balaji Jaggery Trading Co. is the income of the Hindu undivided family of which he is the karta ?' 2. The reference relates to the assessment to income-tax for the assessment year 1974-75. Originally, a certain Sri N. R. Satyanarayana Shetty was assessed in the status of and as representing a 'HUF' whose income included the income received by the said Satyanarayana Shetty as partner in a firm carrying on business under the name and style 'M/s. Sri Balaji Jaggery Trading Co., Mandya'. 3. It is not disputed and is indeed a common ground that Satyanarayana Setty was a partner in the said f...
Tag this Judgment!Sanna Eranna Vs. State of Karnataka
Court: Karnataka
Decided on: Aug-11-1982
Reported in: ILR1983KAR565; 1983(1)KarLJ115
Patil, J.1. This petition is directed against the order dated 28-4-1982 passed by the Chief Judicial Magistrate, Shimoga, in C.C. No. 55 of 1982 directing the police to seize and produce the articles in question before him. 2. Brief facts of the case are that the respondent herein filed a private complaint under S. 200 Cr.P.C., before the Magistrate alleging that the petitioners herein have committed offences under sections 451, 448, 380 and 352 read with S. 34 I.P.C. and prayed that action may be taken against them. That complaint was filed on 21-4-1982. As could be made out from the proceedings, the complaint also filed I.A. No. I purported to be under S. 100 Cr.P.C., on the same day praying for issue of arrest warrant for search and seizure of the articles as listed in the application. On that day at the instance of the learned counsel for the complainant the case was adjourned to 22-4-1982, on which day the Magistrate recorded the sworn statements of the complainant and his two wit...
Tag this Judgment!Syed Ahmed Vs. State of Karnataka and anr.
Court: Karnataka
Decided on: Aug-06-1982
Reported in: 1982(2)KarLJ441
ORDER1. This Petition is directed against the common order dated 2-5-81, passed by the Sessions Judge Uttar Kannada, Karwar in Criminal Appeal Number 19/81 along with other appeals, dismissing the same as being not maintainable and confirming the order dated 31-3-1981 passed by the Deputy Commissioner. Uttar Kannada Karwar in Number CSD-EOM-SR-34/80-81. 2. Brief facts of the case are :- That on 2-3-1981, P.S.I. of Sirsi Market Yard conducted a surprise raid in Sirsi town and checked the accounts of the mill premises of the petitioner and on verification he found that the petitioner possessed 22 quintals of rice (Alur Sanna) 20 quintals of Raja Bhog, raw rice and five quintals of TI-41 raw rice in all 47 quintals in excess of the stock recorded in the accounts. The P.S.I. attached the said stock and gave the same to the safe custody of the opponent and also registered a case in crime in No. 16/81 of the said P.S. and submitted proposals to the higher authorities under section 6A of the ...
Tag this Judgment!V.H. Kulkarni Vs. State of Karnataka
Court: Karnataka
Decided on: Aug-06-1982
Reported in: (1983)IILLJ60Kant
ORDER1. In this writ petition, the petitioner, a Sub-Inspector in the Police department of the State Government, has questioned the legality of a notice issued by the State Government asking him to show cause as to why a departmental inquiry should not be instituted against him on the charges of which he was already exonerated. 2. FACTS : (1) In the year 1973, the petitioner was working as Sub-Inspector in charge of Magadi Road Police Station in the City of Bangalore. On 16th November, 1973 pursuant to a complaint lodged by one Meenamma alias Ronika about the theft of a gold chain, which her daughter was wearing, in which she suspected that a girl by name Margaret of having committed the offence, that girl was summoned to the Police station. Later she committed suicide. A departmental inquiry was instituted against the constables on the charge that they had misbehaved with and insulted the said Margaret and that was the cause for her committing suicide. They were found guilty of the ch...
Tag this Judgment!D.P. Sharma Vs. the Karnataka State Transport Authority, Bangalore and ...
Court: Karnataka
Decided on: Aug-06-1982
Reported in: AIR1983Kant178; 1983(1)KarLJ1
Venkatachala, J.1. This appeal is from the common order of K. A. Swami, J., dismissing Writ Petition No. 5850 of 1978 and connected writ petitions (reported in : AIR1981Kant179 ). The petitioner in Writ Petition No. 5850 of 1978 has presented this appeal and for the sake of convenience, he will hereinafter be referred to as the petitioner.2. The undisputed facts necessary for deciding this appeal, are briefly these : Under sub-section (7) of Section 63 of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act'), the Central Government issued the notification dt. 19-12-1977 (produced as Exhibit-B in the writ petition) increasing the quota of tourist vehicles in respect of which the State Transport Authority (hereinafter referred to as 'the S. T. A.') could grant All India permits for promoting tourism. Pursuant thereto, by its resolution dt. 4/5-4-1978 (produced as Exhibit-C in the writ petition), the S. T. A. resolved to invite applications under Section 57(2) read with Sect...
Tag this Judgment!Karnataka State Private Buses Employee's Union Vs. Commissioner and Se ...
Court: Karnataka
Decided on: Aug-06-1982
Reported in: AIR1983Kant270
ORDER1. In this petition, the Karnataka State Private Buses Employees' Union, has prayed for an Order in the nature of mandamus to subject the transport vehicles coming for registration and inspection under the provisions of Karnataka Motor Vehicles Rules and also to subject such vehicles to inspection before fitness certificate is issued and further issue direction to restrict the issuance of fitness certificates to only those vehicles which are fit in accordance with the rules under the Motor Vehicle Rules.2. It is alleged that there is no adequate staff in the Regional Transport Authority of Bangalore in particular and generally in the State for purposes of carrying out the inspection of the vehicles before fitness certificate is issued. It is further alleged that it is on account of the paucity of officers and indifference in making proper check of the vehicles as directed in form No. 48 of the Karnataka Motor Vehicles Rules, numerous accidents take place in which event, the employ...
Tag this Judgment!Thirthraj Upendra Joshi Vs. State of Karnataka
Court: Karnataka
Decided on: Aug-05-1982
Reported in: ILR1982KAR1288
ORDER1. This petition by the accused is directed against the order dated 26-5-1981, passed by the Judicial Magistrate First Class (II Court), Hubli in C.C. No. 869 of 1981, directing to frame a charge against him for an offence punishable under section 379 of the I.P.C. 2. On the basis of a complaint, a charge-sheet was placed by the Sub-Inspector of Police (Crime) Sub-Urban police station, Hubli, against the accused for offences under sections 379 and 411 of the I.P.C. The accused was furnished with copies of the documents of prosecution as required under law. The prosecution also the learned counsel for the accused were heard before framing of the charge. Thereafter the learned Magistrate passed the impugned order, rejecting the prayer of the accused that he may be discharged as the matter involved in the case is one of civil nature, and directed a charge to be framed against the accused for an offence punishable under S. 379, I.P.C. It is legality and correctness of the said order t...
Tag this Judgment!Hutchiah Vs. Karnataka State Road Transport Corporation
Court: Karnataka
Decided on: Aug-05-1982
Reported in: (1983)ILLJ30Kant
Rama Jois, J.1. In these writ appeals and the writ petitions referred to the Division Bench under S. 9 of the Karnataka High Court Act, three inter-related questions of law arise for consideration. They are : '(i) Whether a person employed in an industry but placed on probation, who would be a 'workman' as defined in S. 2(s) of the Industrial Disputes Act, 1947 (The Act for short) after confirmation or absorption, is a workman during the period of probation within the meaning of that expression as defined in that provision (ii) Whether the discharge of such workman during the period of probation, amounts to retrenchment as defined in S. 2(oo) of the Act and (iii) Whether non-compliance with the conditions precedent for effecting retrenchment, prescribed under S. 25-F(a) and (b) of the Act, while discharging a workman on probation after he has put in a continuous service of one year or more within the meaning of S. 25-B of the Act renders the order of discharge void ?' 2. The facts of...
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