Karnataka Court June 1984 Judgments
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M.K. Venkatachalapathy Setty and anr. Vs. Sannarasaiah and ors.
Court: Karnataka
Decided on: Jun-21-1984
Reported in: ILR1984KAR362
Nesargi, J.1. These petitions have been placed before this Division Bench for Disposal, on an order of reference made by Malimath, Ag. C. J. (as he then was), being of opinion, that an important question of law arises.2. The petitioners in all these petitions are the same persons, while the respondents are different persons. These petitioners and three others who are their brothers, filed HRC No. 1551 of 1977 New No. 1183 of 1980, HRC No. 1545 of 1977 New No. 1 110 of 1980, HRC No. 1515 of 1977 New No. 1096 of 1980, FIRC No. 1541 of 1977 New No. 1107 of 1980, H. R, C. No. 1517 of 1977 New No. 1098 of 1980, H. R. C. No. 1509 of'1977 New No. 1092 of 1980, H. R. C. No. 1499 of 1977 New No. 1089 of 1980, HRC No. 1547 of 1977 New No. 1111 of 1980, HRC No. 1513 of 1977 New No. 1094 of 1980, HRC No. 1543 of 1977 New No, 1108 of 1980, H.R.C. 1497 of 1977 New No. 1109 of 1980 and H. R, C. No. 1505 of 1977 New No. 1091 of 1980, against the respondents in these civil revision petitions respective...
Oriental Fire and General Insurance Company Ltd. Vs. B. Parvathamma an ...
Court: Karnataka
Decided on: Jun-21-1984
Reported in: I(1985)ACC111; AIR1986Kant63; ILR1984KAR492
Sabhahit, J.1. These four appeals arise out of the common judgment and awards Dt/- 23-3-1981 made by the Accidents Claims Tribunal, Bellary in M. V. C. Nos. 30 of 1979 and 21 of 1980, awarding compensation to the claimants at Rs. 46,000/- and Rs. 52,000/- respectively.2. The relevant facts leading up to these appeals are :-On 19-4-1979 at about 11-15 p.m., a petrol tanker bearing No. MYY 6037 was proceeding from Bellary towards Shirguppa. It was driven by the 3rd respondent, when it was near Halekote, the Petrol tanker hit a tractor with trailor bearing No. MYF 6403, standing on the left side of the road and then swerved towards right and dashed against a tree by the side of the road and stopped. As a result of his accident one Sunkayya who was sitting in the cabin of the tanker was thrown out and fie sustained injuries. So also Basayya Setty, who was travelling in the said petrol tanker sustained fatal injuries in the said accident and died. The dependents of Basayya Setty instituted ...
Sajjan K. Sanyasi Vs. Padmavathi Montessori School
Court: Karnataka
Decided on: Jun-21-1984
Reported in: ILR1985KAR1354; 1984(2)KarLJ407
Kudoor, J.1. This appeal is by defendants 1 to 9 directed against the decree dated 23-4-1983 passed by the III Additional City Civil Judge, Bangalore City in O.S. No. 935/1981 decreeing the suit brought by the plaintiffs (respondents 1 to 6 in this appeal) and granting the relief of declaration that thecommittee alleged to have been constituted on 8-3-1984 by defendants 1 to 9 is illegal, unconstitutional and opposed to the rules and regulations governing the 1st plaintiff school and permanent injunction restraining defendants 1 to 9other agents from interfering in any manner in the management of the said school by the Committee headed by the plaintiffs 2 and 3 as President and Secretary respectively and a direction to the 10th defendant bank (7th Respondent herein) to allow plaintiffs 2 and 3 to operate the institution account bearing No. S.B. 1822.2. The case of the plaintiffs as set out in the plaint is as follows :The 1st plaintiff Padmavathi Montessori School was started about 18 ...
S. Narayana Setty Vs. the State of Karnataka
Court: Karnataka
Decided on: Jun-18-1984
Reported in: ILR1984KAR981; [1985]58STC81(Kar)
Jagannatha Shetty, J. 1. This tax revision under section 23(1) of the Karnataka Sales Tax Act, 1957 (the 'Act'), is directed against the order of the Tribunal in S.T.A. No. 555/79 dated December 20, 1979. 2. The petitioner is a registered dealer under the Act. For the assessment year 1972-73 ending on September 30, 1973, he declared that he had purchased groundnut seeds of the value of Rs. 10,76,816.94 and claimed exemption in respect of that entire turnover on the ground that his sellers, five in number, were the first purchasers in the State. In support of his contention he also produced declaration in form 32. 3. The assessing authority made some enquiry with the sellers who issued those declarations in form 32. It was in the enquiry revealed that groundnuts of the value of Rs. 4,45,152.00 were purchased by the assessee from the turnover relating to inter-State transaction. Accordingly the assessing authority held that the petitioner is the first purchaser to that extent liable to p...
Commissioner of Income-tax, Karnataka-ii, Bangalore Vs. Saraswath Poor ...
Court: Karnataka
Decided on: Jun-15-1984
Reported in: (1985)46CTR(Kar)107; [1984]150ITR142(KAR); [1984]150ITR142(Karn)
Jagannatha Shetty, J. 1. These tax reference cases are under s. 256(1) of the I.T. Act, 1961. The common questions referred for the opinion of this court are : '(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in holding that the income of the assesses-trust is exempt under section 10(22) of the Income-tax Act since the assessee is an educational institution (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in confirming the AAC's view that the assesses-trust would be entitled to exemption under section 11 and also in not permitting the Department from taking the ground on this issue ?' 2. The assessee is a society registered under the Societies Registration Act of 1860. The Society came to be registered on September 3, 1946. The objects of the society, inter alia, are as follows : '(i) to constitute the existing Saraswath Students's Fund into a registered body. (ii) to extend fi...
Commissioner of Income-tax, Karnataka-ii, Bangalore Vs. Subraya M. Pai
Court: Karnataka
Decided on: Jun-15-1984
Reported in: [1984]150ITR251(KAR); [1984]150ITR251(Karn)
Jagannatha Shetty, J. 1. This is reference under s. 256(1) of the I.T. Act, 1961. The question referred runs as follows : 'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is right in law in holding that the sum of Rs. 3,450 be allowed as a deduction under section 57(iii) of the I.T. Act, 1961 ?' The facts are : The assessee derives income from property, dividends, interest on securities and income from business. The assessee had a fixed deposit for a period of 60 months in the Corporation Bank. The interest payable on the fixed deposit was 10%. During the relevant previous year for the assessment year 1977-78, the assessee withdrew the deposit before maturity. On account of premature withdrawal, the assessee had to forgo the interest to the extent of Rs. 3,450. In other words, the assessee had to refund the said interest to the bank. The amount withdrawn from the bank was invested in shares. The shares yielded dividend which the assessee in...
Dr. L. Krishna Vs. State of Karnataka
Court: Karnataka
Decided on: Jun-15-1984
Reported in: ILR1986KAR255
Puttaswamy, J. 1. On a reference made by Chandrakantaraj Urs. J, these cases were posted before us for disposal. 2. Evidently on a requisition made by Government of Karnataka, which is also the appointing authority, arrayed as either respondent-1 or respondent-2 in these cases, which will be hereafter referred to as either 'Government' or respondent-1, the Karnataka Public Service Commission, Bangalore, arrayed as either respondent-1 or respondent 2 which will be hereafter referred to or the KPSC or as Respondent-2, in its Notification No. R(1)4109/80-81/PSC dated 5-7-1980 (published in Karnataka Gazette dated 17-7-1980) called for applications from persons possessing the qualifications stipulated therein on or before 20-8-1980 to 108 posts of Lecturers/Museum Curators and Resident Pathologists to be hereafter referred to as Lecturers in the Department of Health and Family Welfare Services (Collegiate Branch) of Government. The post of Lecturer is a Class-I Gazetted Post which then car...
Ananda and ors. Vs. Karnataka State Financial Corpn.
Court: Karnataka
Decided on: Jun-15-1984
Reported in: ILR1985KAR446
ORDERRama Jois, J.1. In these ten Writ Petitions, the Petitioners who are Assistants in the service of the Karnataka State Financial Corporation (hereinafter referred to as 'the Corporation') have sought for the issue of a Writ of Mandamus directing the Corporation to extend the benefit of Rule 8(1) read with Schedule-II of the Karnataka State Civil Services (Revised Pay) Rules, 1977 in the matter of fixation of their pay and to give them consequential benefits.2. The facts of the case in brief are as follows : The Corporation is a Statutory body constituted and established under the provisions of The States Financial Corporations Act, 1961 by an order of the State Government. Therefore, it falls within the definition of 'State' as defined in Article 12 of the Constitution and therefore, bound by the fundamental rights incorporated in Part III of the Constitution.3. In the service of the Corporation there has been a cadre designated as Assistants (formerly designated as Junior Assistan...
K. Abdul Subhan - Since Deceased by L.Rs. Vs. A.K. Satyanarayana Setty
Court: Karnataka
Decided on: Jun-15-1984
Reported in: ILR1984KAR110; 1984(2)KarLJ72
ORDERNesargi, J.1. This Civil Revision Petition, filed under Section 50(1) of the Karnataka Rent Control Act, 1961, (hereinafter referred to as the 'Karnataka Act'), has come up for disposal, before this Court, in view of the order of reference made by the learned Single Judge of this Court, on 18th November 1982. The order of reference states that the question for consideration is whether the legal representatives of the deceased tenant, in the case of anon-residential permises, have a right to prosecute the proceeding? Further since other cases involving the same question had been already referred to the Division Bench reference in this case became necessary.2. The schedule premises is a non-residential one. One K. Abdul Subhan was running his business in glass-ware. The owner of the property appears to have bequeathed the property in favour of one Muddaveerappa, whose younger brother is one Chikkaveerappa. As Muddaveerappa is an insane person, Chikkaveerappa acted as his guardian. C...
Jeevaraj and ors. Vs. Collector of Customs and Central Excise, Bangalo ...
Court: Karnataka
Decided on: Jun-14-1984
Reported in: 1984(3)ECC71; 1985(22)ELT44(Kar)
ORDER1. On 22-4-1969 the proper officer authorised by the Customs Act, 1962 (Central Act No. 52 of 1962) (hereinafter referred to as the Act) searched non-residential premises bearing No. 86/16 Chowdeshwari Temple Street, Bangalore City at which place certain business was carried on under the name and style of 'B'. Vimal & Co.' While the search and seizure at that place was in progress, the petitioners in Writ Petitions Nos. 4614 and 4615 of 1978 were present and in their presence, the said officer seized a bunch of keys. Accompanied by those persons, the said officer then proceeded to a residential premises bearing No. 13 situated on V Main, 38th Cross, V Block, Jayanagar Bangalore-11. On reaching the said place, the said officer in the presence of those persons and the panchas, opened the locks of the said building with the keys of earlier seized by him. After that, the said Officer searched and seized 6,000 tolas of gold kept in a steel almirah found in the said building. 2. From 22...
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