Court : Karnataka
Reported in : 1983(2)KarLJ362; [1983]54STC288(Kar)
Chandrakantaraj Urs, J. 1. This writ petition is directed against the assessment order dated 4th October, 1982, concluded against the petitioner for the assessment year from 1st April, 1979, to 31st March, 1980. The assessment is under the Karnataka Sales Tax Act, 1957, (hereinafter referred to as the Act). The second respondent-Additional Commercial Tax Officer, IV Circle, Mysore, has determined the gross turnover at Rs. 4,33,899. The tax collected, export sales and inter-State sales are given deduction as could be seen from the last paragraph of the assessment order. Thus, the net taxable turnover is shown at Rs. 33,971.00. That apparently constitutes purchase of handicrafts from the unregistered dealers. That has been subjected to 10 per cent surcharge in addition to 4 per cent tax charged under section 6 of the Act. Thus the total sum of Rs. 1,495 is demanded as tax. Shri B. V. Katageri, the learned counsel for the petitioner, before me contended that the Additional Commercial Tax ...
Tag this Judgment!Court : Karnataka
Reported in : AIR1984Kant60; 1983(1)KarLJ469
ORDER1. The petitioner-owner of lands bearing survey Nos. 10 measuring 2 acres 10 guntas, 11-B/1 measuring 6 guntas, 19 measuring 10 guntas of Dasanagadde village, Sirsi Taluk, has prayed that the order dated 19-2-1977, passed by the Land Tribunal, Sirsi, in Case No. LRM-SR 1078/ 1974, conferring occupancy right over these lands in favour of respondent No. 3, be quashed.2. Respondent No. 3 filed form No. 7 claiming occupancy right over these lands contending that he had cultivated these lands as tenant of the petitioner since the year 1960-61. The petitioner objected to the claim of respondent No. 3.Exhibit D, the certified copy of the impugned order, narrates the. cases of respondent No. 3 and the petitioner. Respondent No. 3 made out that originally he had been given possession for cultivation of an area of 7 acres 15 guntas in lands bearing survey Nos. 10, 10-B/3 and 19 of Dasanagadde village, and out of the said area, he was cultivating an area of 3 acres 35 guntas as the archak of...
Tag this Judgment!Court : Karnataka
Reported in : 1984(2)KarLJ323; (1985)ILLJ278Kant
Jagannatha Shetty, J. 1. This appeal is directed against the order dated 10th August, 1978 made by Rama Jois, J. allowing writ petition No. 1724 of 1975 filed by P. V. Nayak - the respondent. To state briefly, the facts are these : On 25th April, 1960. Sri P. V. Nayak was appointed as a clerk on the establishment of the Syndicate Bank Ltd. He was confirmed in the said post with effect from 25th March, 1961. In 1970, the Syndicate Bank Ltd., was acquired by the Central Government by the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 with effect from 19th July, 1969 and was termed only as Syndicate Bank (called shortly as 'the Bank') P. V. Nayak, thereafter was promoted as a special Assistant. Again he was found suitable for promotion to the cadre of officers in the competitive test on 26the August, 1973. Accordingly by order dated 17th October, 1973, he was promoted to the cadre of Junior Officers. The order of promotion stated that he would be on probation for a...
Tag this Judgment!Court : Karnataka
Reported in : AIR1983Kant220
1. The suit was for recovery of money. The trial Court decreed the suit with costs granting six monthly instalments charring 6% interest per annum as future interest. The lower appellate Court partly allowed the appeal and decreed the suit in following terms:'Both the appeals are partly allowed. In setting aside the decree of the Trial Court in so far as it relates to future interest, it is hereby decreed that the plaintiff-appellant is entitled to future interest at 12 per cent per annum and defendants Nos. 1 and 2 do pay future interest accordingly on the principal amounts directed to be paid by the trial Court. The trial Court decree in both the suits stand modified accordingly. The appellant is also entitled to proportionate costs of the two appeals.'2. The learned Counsel for the appellant, however, strenuously urged before me that when the Court exercises its jurisdiction under O. 20 Rule 11 of C. P. C. in granting instalment decree, the provisions of Section 34 would not apply. ...
Tag this Judgment!Court : Karnataka
Reported in : AIR1984Kant122; 1983(1)KarLJ452
1. This appeal by the defendant is directed against the judgment and decree dated 17-3-1975 passed by the District judge, South Kanara, Mangalore in R. A. No. 20 of 1972 on his file, allowing the appeal on setting aside the judgment and decree of the trial Court dated 15-7-1972, passed by the Prl. Civil Judge, Mangalore, in O.S. No. 116 of 1970 on his file. dismissing the suit of the plaintiff.2. The plaintiff instituted a suit for recovery of Rs. 13,117-50 P. along with costs, and future interest. According to him.' he entered into an agreement of sale with the defendant as per Ext. P-1 on 21-8-1969. It was agreed by the defendant that the suit property would be sold to the plaintiff for Rs. 30,000/- within the time fixed that is within 31-10-1969. There were some stipulations between the parties and the defendant was to comply with certain conditions. The plaintiff averred that the defendant did not comply with those conditions and was not ready and willing to perform her part of the...
Tag this Judgment!Court : Karnataka
Reported in : AIR1984Kant140
ORDER1. The respondent (hereinafter referred to a 'the plaintiff') had filed a suit against petitioners-1 and 2 (hereinafter referred to as 'the defendant') during Dasara vacation of 1982 seeking a declaration that the latter dated 2-10-1982 issued by the President Mrs. T.N.K.Nayar of Rama Sakti Mission. Mangalore, is illegal and invalid in law, and for a declaration that the notice dated 25-10-1982 issued by the Joint Secretary was also illegal and invalid in law, and also for a permanent injunction restraining the defendants from convening the meeting of the Governing Body on 2-1-1982 or on any other date, and for a permanent injunction restraining them from bringing back the discredited Ex. President Shri K.V.S. Pai as President of the Mission etc.2. The City civil Court situate at Bangalore and all the other civil courts in the mofussil places in this State, were closed during Dasara vacation. It is also undisputed that no vacation Judge had been appointed during Dasara vacation fo...
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR680
Patil, J.1. These two appeals by special leave are directed against the judgment and order of acquittal dated 22-8-1983 passed by the Additional J.M.F.C, Tarikere, in C.C. No. 666 and 667 of 1982, respectively, whereby the Magistrate has acquitted the accused of the charge of the offence punishable under Section 500 IPC.2. The appellant L. S. Jayappa being a resident of Lakkavalli in Tarikere Taluk of Chikmagalur District is a licensed money lender. Accused N. S. Shamegowda and Jayashankar are father and son and residents of Kenchikoppa village. In the year 1978, Jayappa had advanced a sum of Rs. 2000/- as loan to Shamegowda. When he failed to repay the amount borrowed, Jayappa brought Small Cause Suit No. 61/81 against him and obtained a decree and filedExecution Petition No. 12/81 and got arrested Shamegowda. But, on his undertaking to pay the amount on the next pay, he was released. Thereafter, on 10-8-82, at about 12 noon, when Jayappa was standing on the pail outside his house, th...
Tag this Judgment!Court : Karnataka
Reported in : AIR1983Kant237; 1983(1)KarLJ417
Puttaswamy, J.1. On a reference made, these cases are posted before us for disposal.2. As the petitioners in all these cases have challenged the validity of one and the same enactment and the different orders made thereunder in which various interconnected questions arise for consideration, they can conveniently be disposed of by a common order. We therefore, propose to dispose of them by a common order.3. On 1-11-1956. the new State of Mysore now called 'Karnataka' was formed comprising the territories referred to in S. 7, States Reorganisation Act. 1955 (Central Act 37 of 1956).4. Prior to 15-8-1947, on which day India attained independence and thereafter, the respective Governments of the erstwhile States of the new Karnataka State had introduced various ameliorative measures for the advancement of the members of the Scheduled Castes and Scheduled Tribes (hereinafter referred to as SC/ST) and one of them was Government lands were granted to them free of cost or at concession price i...
Tag this Judgment!Court : Karnataka
Reported in : (1983)IILLJ330Kant
ORDER1. In this batch of eight writ petitions filed by ex-Railway servants questioning the legality of the orders by which penalty of dismissal from service was imposed against them, after dispensing with the enquiry, in exercise of the powers under R. 14(ii) of the Railway Servants Discipline and Appeal Rules 1968 (hereinafter referred to as the Rules) read with clause (b) of the second proviso to Clause (2) of Art. 311 of the Constitution, the following important questions of law arise for consideration : (i) Whether after dispensing with the disciplinary enquiry against a civil servant, on the ground that it is not reasonably practicable to hold the enquiry, in exercise of the powers under Clause (b) of the second proviso to Clause (2) of Art. 311 of the Constitution and R. 14(ii) of the Rules, an opportunity should be given by the concerned disciplinary authority to the concerned civil servant to make representation against the imposition of penalty (ii) Whether the reasons in sup...
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