Karnataka Court February 1985 Judgments

B.N. Sreeraman Vs. State of Karnataka

Court: Karnataka

Reported in: ILR1985KAR3147; (1986)ILLJ166Kant

ORDER1. Petitioners as Lectures/Readers of an aided educational institution and/or as members of Executive Committee of Private College Teachers Association have questioned constitutional validity of Cls. 2(iv) and (vii); 4(4); 5, 6, 8, 9, 12, 13, and 17 entitled as 'Code of Conduct' (Annexure-A) prescribed for employees of aided educational institutions. The brochure/book-let captioned as 'Government of Karnataka, Educational and Youth Services Department' dealing with sub : Direct payment of salaries to private aided Colleges, Junior Colleges and Teacher's colleges sets out certain terms and conditions on which grant is given. 'The question of direct payment of salaries to the employees of aided Colleges, Junior Colleges and Teacher's Colleges has been under the consideration of Government for some time past and Government have decided that salaries be paid directly to the employees of these institutions, subjects to the fulfilment of certain duties and responsibilities both by the m...

H.P. Krishna Reddy Vs. Canara Bank, Bangalore

Court: Karnataka

Reported in: AIR1985Kant228; ILR1985KAR1277; 1985(2)KarLJ115

Jagannatha Shetty, J.1. This appeal has been preferred against the Decree and judgment dated December 17,1974, made by the Additional Civil Judge, Bangalore, in 0. S. No. 42/1972.2. The appellant was defendant against whom the respondent Canara Bank (the 'Bank') instituted the suit for recovery of a sum of Rs. 23,940-97.with current interest at 13 per cent per annum on the following averments : -On June 19, 1969, the defendant availed of a loan of Rs. 15,500/- on the security of immoveable properties with the deposit of title deeds so as to create an equitable mortgage in favour of the Bank. In order to ensure prompt repayment of the loan, the defendant also executed an on Demand Promissory Note for a sum of Rs. 15,500/- in favour of the Bank. On October 14, 1969; the defendant again availed of another loan of Rs. 10,500/- by extending the said security and on executing another Promissory Note for a sum of Rs. 10,500/-. The defendant also hypothecated his crops and live-stock by execut...

Shantha Kumara Swamigalu Vs. Spl. Land Acquisition Officer

Court: Karnataka

Reported in: ILR1985KAR1766

ORDERKulkarni, J.1. This is a revision by the claimant against the order dated 20-3-1981 passed by the XIII Additional Judge, City Civil Court, Bangalore, in L.A.G. 1435 of 1980 dismissing the interim application filed by the claimant under Sections 151, 152 and 153 of the Code of Civil Procedure.2. Survey No. 96/1 of Saneguruvanahally measuring 5 acres 14 guntas belonging to the claimant D.B. Shantha Kumara Swamigalu, Matadhipathi of Shankara Devaru Mutt, was acquired by the Land Acquisition Officer. The Land Acquisition Officer awarded compensation at the rate of Rs. 10,000/- per acre. Thus the amount of compensation awarded came to Rs. 55,832-50. It included solatium also. Subsequently, the Land Acquisition Officer referred the matter to the Civil Court under Section 18 of the Land Acquisition Act. The Civil Court enhanced the compensation to Rs. 15,000/- per acre and the total compensation came to Rs. 92,287/50 including the statutory allowance. The Court passed an order regarding ...

Subbas Malharirao Kachure, Vs. Inspecting Assistant Commissioner of In ...

Court: Karnataka

Reported in: (1986)56CTR(Kar)115; [1986]159ITR726(KAR); [1986]159ITR726(Karn)

Puttaswamy, J.1. These appeals are by the appellants and are directed against the common order dated December 26, 1975 of the Income-tax Appellate Tribunal, Bangalore Bench (Tribunal) in I.T. (Acq.) Nos. 26 to 30/Bangl 1974-75, affirming the order No. 900(12/737/73-74H) dated January 25, 1975, of the Inspecting Assistant Commissioner of Income-tax, Acquisition Range, Dharwar ('the IAC'), made under Chapter XXA of the Income-tax Act of 1961 ('the Act'). 2. A small house property bearing No. CTS 3094 situated at Ward No. III Bhuspet, Hubli City, was owned by Sriyuths Kodanpur Gurulingappa Mallikarjunappa and Kodanpur Gurulingappa Channaveerappa (transferors). On June 30, 1973, the transferors sold the said property under a registered instrument of that date to Sriyuths Vasant Malharirao Kachure, Shrikant Malharirao Kachure and Subbas Malharirao Kachure (transferees) for a sum of Rs. 25,000. On an examination of the details of the property, the apparent consideration stated in the instrum...

A. Premchand and ors. Vs. Inspecting Assistant Commissioner of Income- ...

Court: Karnataka

Reported in: (1986)53CTR(Kar)153; ILR1985KAR1151; [1985]153ITR774(KAR); [1985]153ITR774(Karn)

Puttaswamy, J.1. These appeals and cross appeals are directed against a common order made by the Income-tax Tribunal, Bangalore Bench (Tribunal), on May 6, 1975, in Appeal Nos. I.T.A. (Acq.) Nos. 17 to 20 and 23 of 1974-75 reversing the order No. CR 62/1808/73-74/Acq. (B) dated November 30, 1974, of the IAC of Income-tax Acquisition Range, No. 41, Bangalore ('IAC'), made under Chapter XX-A of the I.T. Act of 1961 (Central Act No. 43 of 1961) ('the Act'). 2. House property bearing old No. 76/89, new No. 111 situated at Diagonal Road, Visveswarapuram, Bangalore-4 was owned by one D. S. Anantha Rao, respondent in I.T.R. No. 29 of 1976 ('transferor'). On October 10, 1973, by a registered instrument of transfer, the said Anantha Rao sold the same to Sriyuths (i) A. Kheemraj, (ii) A. Premchand, (iii) A. Hukmichand, and (iv) B. Parasmal of Bangalore ('transferees') for a sum of Rs. 2,00,000. 3. On March 21, 1974, an inspector attached to the office of the IAC reported the said transfer to the...

Basavanneppa Yellapa Angadi Vs. Shivappa Mallappa Hooli

Court: Karnataka

Reported in: ILR1985KAR1761

ORDERKulkarni, J.1. This is plaintiff's revision against the order dated 18-9-1981 passed by the Additional Civil Judge, Hubli in O.S. 124/1980 allowing I.As. 4 and 8 and thereby ordering that Respondents 2 and 3 be impleaded as defendants.2. The plaintiffs filed the suit O. S, 124/80 for a declaration that they are the owners of the suit property and that the sale deed executed in favour of Defendant-1 on 13-4-1959 by the plaintiff's father was nominal, bogus and without consideration and it had come into existence under peculiar circumstances and so the 1st defendant got no title under the said sale deed. Plaintiffs also filed the suit for injunction restraining the defendant No, 1 from alienating the property.3. Defendant No. 1 resisted the suit.4. While the matter was standing at that stageRespondent-2 filed IA. IV alleging that Defendant-1 had agreed to sell the suit property to him and had entered into an agreement of sale with him. According to him he is also in possession of th...

D.N. Krishnamurthy Vs. Union of India (Uoi)

Court: Karnataka

Reported in: ILR1985KAR2025; 1985(2)KarLJ566

ORDERDoddakale Gowda, J.1. Validity of memorandum dated 19-1-1974 of P & T Board New Delhi, by which petitioner has been denied deputation allowance for the period he worked in that department in Karnataka is questioned in this Writ Petition.2. Admittedly, petitioner is a personnel borne on Central Public Works Department (hereinafter referred to as 'CPWD'). P & T Department had no Engineering Wing to carry on its work. Personnel from C.P.W.D. were being drafted on deputation to P & T Department for executing Engineering works.As per Letter No. l(2)/60-EWI dated 22-6-1963 Officers including work charged staff belonging to C.P.W.D. working in P & T Wing were transferred to P & T Department on the same scales of pay and allowances as those applicable to them while working in C.P.W.D. as it started its own Civil Engineering Wing of the Department with effect from 1-7-1963. On 5-7-1972 it was decided to repatriate personnels of C.P.W.D, in phased programme and to recruit staff of its own. ...

A.V. Muniswamy Vs. State of Karnataka

Court: Karnataka

Reported in: ILR1985KAR2409

ORDERK. A. Swami, J.1. At the stage of preliminary hearing, Sri S. Udaya Shankar, Learned High Court Government Pleader, was directed to take notice for Respondents. Accordingly, he has put in appearance for Respondents and has securedrecords and instructions in the matter.2. Writ Petition No. 18744 of 1984 is filed by the outgoing Chairman and Vice-Chairman, of the Agricultural Produce Market Committee, Malur. Writ Petition No. 16208 of 1984 is filed by the outgoing Chairman, Vice-Chairman certain other members of the Agricultural Produce MarketCommittee, Gowribidanur. The term of both the market committees expired on 12-10-1984. Similarly, them term of the members of the Market-Committee of Bangarpet also expired on 12-10-1984. The petitioners in Writ Petition 16208 of 1984 have produced a copy of the notification bearing No. RDC 201 MMD 84, dated15-10-1984 published in the Karnataka Gazette dated 5th October, 1984, produced as Annexure-D, extending the term of the office of the memb...

Gopreddy Vs. Bhaganna

Court: Karnataka

Reported in: ILR1985KAR2783; 1985(2)KarLJ561

Kulkarni, J.1. Miscellaneous Second Appeal No. 37 of 1980 by the defendants is directed against the Judgment and Decree dated 15-11-1979 passed by the Civil Judge, Yadgir in Regular Appeal No. 41 of 1979 setting aside the Judgment decree dated 18-4-1975 passed by the Munsiff, Chittapur, in Original Suit No. 25 of 1973 and remanding it to the Trial Court.2. Miscellaneous Second Appeal No. 38 of 1980 by the plaintiffs is directed against theJudgment and Decree dated 15-11-1979 passed by the Civil Judge, Yadgir, in Regular Appeal No. 40 of 1979 reversing the Judgment and Decree dated 18-4-1975 passed by the Musiff, Chittapur in Original Suit No. 22 of 1973 and remanding the matter to the Trial Court for fresh disposal.3. The appellants in both these appeals are the plaintiffs in Original Suit No. 22 of 1973. The Respondent in both the appeals was the defendant in Original Suit No. 22 of 1973 and the plaintiff in Original Suit No. 25 of 1973.4. The appellants filed Original Suit No. 22 of ...

M.L. Suryanarayana Rao Vs. Special Tahasildar and Magistrate, Mysore a ...

Court: Karnataka

ORDER1. This is a creditor's petition, challenging the order passed by the Special Tahsildar and Magistrate, Mysore, dated f9-61982, redeeming the mortgages dated 5-7-1965 and 2-2-1966, and directing delivery of possession of house No. 494 (B) situated at Veenaseshanna Road, K. R. Mohalla, Mysore.2. Petitioner and his wife Padmavatamma are the mortgagees, under two deeds, dated 5-7-1965 and 2-2-1966 respectively. The first mortgage was for Rs. 3000/- and the second one for Rs. 2000/-. House described above is the subject matter of mortgage. Respondents 2 to 4 are the mortgagors.3. Padmavatamma (Petitioner's wife) 2nd mortgagee, obtained a decree in O. S. No. 758 of 1970, on the file of the II Munsiff, Mysore. The mortgaged house was sold on 11-4--1974, and decree-holder herself purchased the property; sale was confirmed on 3-3-1980, in Execution Case No. 617 of 1973.4. The Karnataka Debt Relief Act, 1976 (Act 25 of 1976) was published in Gazette on 13-3-1976; Ss. 3, 4, 7 and 8 came int...