Karnataka Court November 1984 Judgments
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Sharanappaswamy Gowda by Lrs. Vs. State of Karnataka
Court: Karnataka
Decided on: Nov-13-1984
Reported in: ILR1985KAR627; 1984(2)KarLJ382
Puttaswamy, J.1.This appeal is by the appellant who was the Petitioner and is directed against the Order dated 2-9-1974 of Venkataramaiah, J. (as he then was) disposing of his Writ Petition No. 793 of 1973 which is since reported as 1975(1) Karnataka Law Journal 208.2. Among others, the appellant who is now dead and is represented by his legal representatives was the owner of lands bearing Sy. Nos. 2, 3, 5, 14, 15, 16, 17, 18, 19/1, 20, 24, 25 and 86 of K. Hunasavalli Village, Kerehalli Hobli, Hosanagar Taluk, Shimoga District classified as wet or garden as the case may be. On the said lands land revenue assessment was levied and collected under the Mysore Land Revenue Code, 1888 (Mysore Act IV of 1888) ('the Code') till that Code was in force in the old Mysore area. Land revenue fixed for the lands under the code also included the water rate payable to Government for supply of water from an irrigation work maintained by Government.3. The uniform Karnataka Irrigation (Levy of Bettermen...
Sri Sidharood Swamy Math Trust Committee Vs. Mallappa and ors.
Court: Karnataka
Decided on: Nov-13-1984
Reported in: ILR1985KAR1440; 1985(1)KarLJ331
Nesargi, J.1. The appellants are plaintiffs 1 and 2 in Case No. 128/1/1975 in the Court of the Munsiff, Yelburga. The Respondents are defendant No. 1's legal representatives and defendant No. 2 in the case. The subject matter of the suit consist of two lands-S. No. 828 ofTadkal Village and S. No. 2 of Talbal village, Yelburgra Taluk. The plaintiff filed the suit for possession of the lands and for declaration that plaintiff No. 2 or in the alternative plaintiff No. 1 is entitled to get the sale proceeds of the crop that stood on S. No. 2 amounting to Rs. 1,000/- which amount is lying in Court deposit and for mesne profits of the suit lands for the years 1956-57 and also for future mesne profits. The Trial Court decreed the suit on 23-12-1959. The defendants preferred R.A. No. 2 of 1970 in the Court of the District Judge, Raichur. The District Judge allowed the appeal and reversed the judgement and decree of the Trial Court on 15-7-1974. The judgement and decree of the lower Appellate C...
G.R. Rangaswamaiah Vs. Chancellor, University of Mysore
Court: Karnataka
Decided on: Nov-12-1984
Reported in: ILR1985KAR3452; 1984(2)KarLJ361
ORDERChandrakantaraj Urs, J.1. These two Petitions are disposed of by the following common order though they cannot be said to be either common on questions of facts or law. They are so disposed of because the result in the first of the Petitions willdefinitely affect the petitioner in the second of the Petitions. What really is common to both the Petitions is the desire of the petitioners therein to fill-up the same vacant post of Professor of History in the University of Mysore.2. The necessary facts alleged in the two Petitions and the returns filed in respect thereof will be briefly noticed and they are as follows: The post of Professor of Economic History appears to have been advertised more than once, to be precise, till this date, four times. It is the fourth advertisement which has been challenged by the petitioner-Dr. K. A. Shivanna as being without jurisdiction. The grievance of the petitioner in the first of the petitions Prof. G. R. Rangaswamaiah is that the Chancellor has ...
Hanumanthappa Vs. Muniswamy and ors.
Court: Karnataka
Decided on: Nov-09-1984
Reported in: ILR1985KAR365; 1985(1)KarLJ190; (1986)ILLJ217Kant
Hakeem, J.1. These appeals arise out of the judgment dated 15 February, 1980 of the Learned Single Judge dismissing W.P. Nos. 8868, 2731 and 5756 of 1976. 2. The facts of the case in brief are : The Karnataka Public Service Commissioner (KPSC) invited applications for recruitment to 50 posts of Tahsildars from persons who are already in service of the State Government. A notification in this behalf was published in the Karnataka Gazette dated 29th May, 1975. In response to the said notification the appellants and a large number of other candidates applied for selection to the said posts. The selections were to be made in accordance with the Karnataka Administrative Service (Tahsildars) (Recruitment) (Special) Rules, 1975 (hereinafter referred to as 'the 1975 Rules') read with Rules 7 to 16 of the Karnataka Recruitment of Gazetted Probationers (Class I and II Posts Appointment by Competitive Examinations) Rules 1966 (hereinafter called 'the 1966 Rules'). The selections were to be made u...
Mohammed Sab Wallad Gafar Sab Vs. Abdul Gani Wallad Mohammed Hayath an ...
Court: Karnataka
Decided on: Nov-09-1984
Reported in: AIR1985Kant177
1. First defendant has filed this second appeal against the judgment and decree dt. 26th Aug. 1976 passed in R. A. No. 116 of 1971 by the Addl. Civil Judge, Dharwad, reversing the judgment and decree dt. 22nd July 1971 passed in O. S. No. 16 of 1969 by the I. Addl. Munsiff, Dharwad.2. For the sake of convenience the parties to this appeal will be referred according to their ranking in the trial Court.3. Briefly stated, the facts of the case are as below : The plaintiffs claiming to be the trustees of Soudagar mosque situated in Line Bazaar, Dharwad, a wakf institution originally registered under the Bombay Public Trusts Act, 1950 and subsequently under the Wakf Act, 1954 (Central Act), filed the suit for possession of the suit properties. Plaintiff has been officiating as the mutawalli of the said mosque. One Khatijabi who was the owner of the suit properties bearing C.T.S. No. 1037/LB and C.T.S. No. 1038/A/LB situated in Line Bazaar, Dharwad, created a wakf in respect of the suit prop...
Mohammed Sab Wallad Gafar Sab Vs. Abdul Gani Wallad Mohammad Hayath
Court: Karnataka
Decided on: Nov-09-1984
Reported in: ILR1985KAR1614
Hakeem, J.1. First defendant has filed this second appeal against the judgment and decree dated 26th August 1976 passed in R.A. No. 116 of 1971 by the Addl. Civil Judge, Dharwad, reversing the Judgment and decree dated 22nd July 1971 passed in O.S. No. 16 of 1969 by the I Additional Munsiff, Dharwad.2. For the sake of convenience the parties to this appeal Will be referred according to their ranking in the Trial Court.3. Briefly staled, the facts of the case are as below : The plaintiffs claiming to be the trustees of Soudagar mosque situated in Line Bazaar, Dharwad, a wakf institution originally registered under the Bombay Public Trusts Act, 1950 and subsequently under the Wakf Act, 1954 (Central Act), filed the suit for possession of the suit properties. Plaintiff has been officiating as the mutawalli of the said mosque. One Khatijabi who was the owner of the suit properties bearing C.T.S. No. 1037/LB and C.T.S. No, 1038/ A/LB situated in Line Bazaar, Dharwad, created a wakf in respe...
Monnanda Nanaiah Vs. Balladichanda Caveriamma
Court: Karnataka
Decided on: Nov-08-1984
Reported in: ILR1985KAR1599
Nesargi, J.1. This appeal is by defendants 3 and 8 in O.S.No. 16 of 1970 in the Court of the Civil Judge, Coorg, Mercara. Rcspondent-1 is the plaintiff and the remaining respondentsare the rest of the defendants. The suit property is Jamma wet land measuring 3.75 acres in S.No. 56 of Kukloor village, in Virajpet Nad.2. The facts are that this land originally belonged to one Cariappa. Cariappa had two sons by name Devaiah and Aiyappa. There was partition between Devaiah and Aiyappa and this land fell to the share of Devaiah. Thereafter Devaiah expired in the year 1943 leaving behind him only his daughter the plaintiff. Defendants 3 and 8 are the sons of Aiyappa. Defendants 2 to 7 also belong to Monnanda family i.e., parental family of the plaintiff. Defendant-1 belongs to one Karnanda family. After the death of Deviah, the property devolved on the plaintiff. She enjoyed it as owner. On 20-4-1950 the plaintiff mortgaged this property in favour of defendant-1 by a registered deed Ext. D-4...
Laxmangowda Vs. Maddamma
Court: Karnataka
Decided on: Nov-08-1984
Reported in: ILR1985KAR2227
ORDERVenkatachala, J.1. A short, but interesting, question relating to executability of a decree made in a suit without production of a Succession Certificate as required under Section 214(1) of the Indian Succession Act, 1925 ('the Act'), arises fordetermination in this Revision Petition.2. The Court of Civil Judge at Raichur, to which a decree of the Court of Subordinate Judge, Kurnool, had come by transfer, sought to execute that decree against the judgment debtors therein. But, those judgment debtors raised an objection as to the executability of the decree urging, inter alia, that decree was a nullity, the same having been made without the production of a SuccessionCertificate as required under Section 214 of the Act. The executing Court being of the view that the objection so raised was unsustainable, made an order to the effect that the execution petition is maintainable. Felt aggrieved by that order, the judgment debtors have questioned its validity in this revision petition.3....
Kudremukh Iron Ore Co. Ltd. Vs. Kooky Roadways P. Ltd.
Court: Karnataka
Decided on: Nov-07-1984
Reported in: [1986]60CompCas1069(Kar)
1. This is a petition presented to this court under section 433(e) of the companies Act by M/s. Kudremukh Iron Ore Co. Ltd., a Govt. of India enterprise. The prayer is for an order of this court directing the winding up of the respondent - Kooky Roadways Private Limited, incorporated and registered under the Companies Act, 1956, having its registered office at Bangalore. The respondent-company is a private carrier of goods. In other words, its business was in transport. It is alleged by the petitioner that the respondent was entrusted to transport steel materials form Bangalore to Mangalore where the petitioner has an office at Panambur, D. K. Dist. In the course of such transportation, the petitioner discovered that the respondent had short delivered a quantity of 131.630 metric tonnes of the steel materials entrusted for carriage. When this was brought to the notice of the respondent-company, the managing director of the respondent-company, one Mr. Ismail, wrote back station that ful...
Mysore Tobacco Co. Ltd. Vs. Commissioner of Income-tax
Court: Karnataka
Decided on: Nov-07-1984
Reported in: ILR1985KAR1517; [1986]157ITR606(KAR); [1986]157ITR606(Karn)
Jagannatha Shetty, J.1. The Income-tax Appellate Tribunal, Bangalore Bench, has referred the following questions under section 256(1) of the Income-tax Act, 1961, (the Act) : ' (i) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in upholding the reassessment by treating the notice issued by the Income-tax Officer under section 148 as one issued under section 147(b) (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in upholding the reassessment by the application of section 150 read with section 153(3), Explanation 2 of the Income-tax Act, 1961 ?' 2. The facts, in brief, leading to the above questions are : The assessee is a public limited company. For the assessment year 1966-67, the assessment was completed taxing a sum of Rs. 2,00,000 received by the company on April 16, 1966, from Imperial Tobacco Company Ltd. In the second appeal against the said assessment order, the Tribunal had held that the sum of Rs. ...
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