Karnataka Court March 1985 Judgments
Girnar Builders (P.) Ltd. Vs. Inspecting Assistant Commissioner of Inc ...
Court: Karnataka
Decided on: Mar-18-1985
Reported in: (1986)52CTR(Kar)51; [1985]156ITR403(KAR); [1985]156ITR403(Karn)
Puttaswamy, J.1. An house property bearing No. 2 situated on Artillery Road, Civil Station, Bangalore City, measuring about 627 sq. mts. was originally owned by one Sadiq Hussain of Banglore City, who on June 15, 1981, transferred the same to the petitioner for a sum of Rs. 1,80,000. On an examination of the said transfer, the Inspecting Assistant Commissioner of Income-tax (Acquisition Range), Bangalore, ('IAC'), being of the opinion that the fair market value of the property exceeded the apparent consideration stated in the instrument of transfer by more than 15% had issued notice No. CR 62/30399/81-82 dated December 18, 1981 (annexure G) to the transferor and transferee under s. 269D(1) of the I.T. Act of 1961 (Central Act 43 of 1961) ('the Act'), proposing to acquire the property for the Government under Chapter XXA of that Act. In this petition under art. 226 of the Constitution, the petitioner has challenged the said showcause notice principally on two ground and they are (i) tha...
Tag this Judgment!Bhadravathi Division Saw Mills Owners and Timber Merchants Association ...
Court: Karnataka
Decided on: Mar-18-1985
Reported in: ILR1986KAR2298
ORDERK.A. Swami, J.1. In this Petition under Article 226 of the Constitution, the petitioners have sought for quashing the Circular dated 17-10-1984 issued by the Deputy Conservator of Forests Bhadravathi Division, Bhadravathi produced as Annexure-C and the notice dated 17-10-1984 issued by the Assistant Conservator of Forests, produced as Annexure-D ; and another communication dated 20-11-84 issued by the Divisional Forest Officer, Tarikere, to the Saw-mill owners, produced as Annexure-E, and also another notice dated 12-11-1984 issued by the Forester, Town Checking Duty, Bhadravathi Range, Bhadravathi to all the Saw-mill owners, produced as Annexure-F. The Petitioners have also sought for quashing another Circular dated 2-11-1984 issued by the Deputy Conservator of Forests,Bhadravathi, produced as Annexure-G. In addition to this, the petitioners have also sought for issue of a Writ in the nature of Mandamus directing the respondents not to compel the saw-mill owners to obtain prior p...
Tag this Judgment!Shankara Murthy Vs. State of Karnataka
Court: Karnataka
Decided on: Mar-18-1985
Reported in: ILR1985KAR4157
ORDERK.A. Swami, J.1. Though this Petition is posted for orders, it is taken up for final disposal. Respondent-4 though served has remained absent. Respondents 1 to 3 are represented by Sri Udayashankar, Learned Government Pleader.2. In this Petition under Articles 226 and 227 of the Constitution, the petitioner has sought for quashing the communications dated 7-3-1983, 20-12-1982 and the Circular dated 2-4-1983 issued by the Deputy Commissioner,Chitradurga produced as Annexures G, H and HI respectively. The petitioner has also sought for issue of a Writ in the nature of Mandamus to respondents 3 and 4 directing them to register the certificate of sale after collecting stamp duty from the petitioner calculated on the basis of the purchase money, in respect of the site bearing No. 336 measuring 35' X 50' situated within the limits of Municipal Council,Davanagere. The said site along with several other sites was put up for auction. In that auction the petitioner was the highest bidder ha...
Tag this Judgment!Hanumappa and anr. Vs. Assistant Commissioner and Land Acquisition Off ...
Court: Karnataka
Decided on: Mar-15-1985
Reported in: AIR1985Kant276
Nesargi, J.1. In our opinion, it is necessary to narrate a few facts before proceeding to deal with these I.A.S.2. The appeal papers were returned to comply with certain objections raised by the office. One of the objections Was that court fee paid was deficit, Thereafter, the appeal was represented. But there happened to be delay of about three-hundred and forty nine days. Deficit court fee was made good when the appeal was represented. I.A. 1 was filed with a prayer to condone the delay in refilling the appeal papers. That came up for orders before this Bench on 20-1-1981. By passing a considered order, we rejected I.A. 1. Further on, we found that no order had been passed in this appeal at any stage as required by S. 149 and O. 7 R. 11 of the Civil P.C. extending time to pay court fee. We rejected the memorandum of appeal also.3. It is evident from the aforesaid, that the memorandum of appeal has been rejected on the ground that there was no extension of time granted for payment of ...
Tag this Judgment!Kalikadevi and ors. Vs. Shivasaharanand Sadhu Maharaj and ors.
Court: Karnataka
Decided on: Mar-15-1985
Reported in: AIR1986Kant186; ILR1985KAR2647; 1985(2)KarLJ327
ORDER1. This, Civil Revision Petition is preferred under S. 115 of the C.P.C., against the Order dt. 8th Aug. 1984, passed by the learned Civil Judge, Bailhongal, in O.S. No. 38/81, referring issues Nos. 4, 5 and 13 to the Assistant Charity Commissioner, Belgaum for recording his findings on those issues and also staying further proceeding in the suit until the findings are received.2. The contention of the petitioners is that there is no provision in the Bombay Public, Trusts Act, 1950, (hereinafter referred to as the 'Act') enabling Civil Court to refer the issues to the Assistant Charity Commissioner. Therefore, the order under Revision is without jurisdiction.3. The petitioners are plaintiffs. The first plaintiff 'Sri Kalikadevi of Shirsangi' is a public trust registered under the provisions of the Act. Plaintiffs 1A to 1D are the trustees of the first plaintiff-public trust. The suit is for a declaration that the Chariot or the Ratha constructed or got ready by defendant No. 1 and...
Tag this Judgment!Vijayalakshmi Oil Industries Vs. Income-tax Officer
Court: Karnataka
Decided on: Mar-14-1985
Reported in: ILR1985KAR3301; [1985]155ITR748(KAR); [1985]155ITR748(Karn)
Puttaswamy, J.1. M/s. Viyalakshmi Oil Industries, Mandipet, Tumkur, a registered partnership firm of partners, the petitioner before me which is engaged in the business of decorticating groundnut and manufacturing groundnut oil, is an assessee on the file of the Income-tax Officer, Tumkur (ITO). 2. For the assessment year 1978-79, relevant to the accounting year ending on March 31, 1978, the petitioner filed its return before the ITO, inter alia, disclosing the driage of groundnuts decorticated and oil produced by it. On an examination of the said return and the accounts produced by the assessee, the ITO completed his assessment on August 25, 1979 (annexure-A), under s. 143(3) of the I.T. Act of 1961 ('the Act'). 3. But, on October 22, 1981, the ITO issued a notice to the petitioner under s. 148 of the Act, reopening the said assessment, the validity of which is challenged by it in this petition under article 226 of the Constitution on the ground that none of the circumstances for such...
Tag this Judgment!K. Mallappa Vs. State of Karnataka
Court: Karnataka
Decided on: Mar-14-1985
Reported in: ILR1985KAR2030; 1985(2)KarLJ199
ORDERDoddakale Gowda, J.1. Articles of Charges framed under Rule 214 of theKarnataka Civil Services Rules as against petitioner readthus:-The report of investigation disclosed that Sri K. Mallappawhile functioning as Director of Public Instruction (Pry. Edn.) Bangaloregave approval in January 1978 to the appointment of five teachers for thesaid Institution in excess of the number of teachers that could have beenprovided to that school as per the norms prescribed by Governmentunder the Grant-in-Aid Code for primary Schools. The strength of thestudents in the Kamala Nehru Makkala Mandir, Bangalore as on 1-6-1976was 505 and there were 9 teaches. With the appointment of 5 moreteachers, the total strength of teachers increased to 14 with effect from1-6-1976. Though the required number of teachers as per the said codewas only 12, Sri K. Mallappa approved the appointment of the five moreteachers resulting in the total strength of teachers to 14, when there wasprovision to appoint only three m...
Tag this Judgment!Anjuman-e-islamia, Kollegal Vs. Sakeenabi and ors.
Court: Karnataka
Decided on: Mar-13-1985
Reported in: AIR1986Kant75; ILR1985KAR1930
ORDER1. This is a plaintiffs revision against the order dt. 10-7-81 passed by the Munsiff, Kollegal, in 0. S. 3/76 dismissing I. A. 8. filed by the plaintiff.2. The plaintiff filed the suit for a declaration that the property in question is a public Ashoorkhana dedicated to the public and that Mohammed Abdulla Saheb was the Mujawar till his death and also for possession of the property.3. The defendants contended that it was not a wakf property at all.4. Under these circumstances, the plaintiff filed an application 1. A. 8 to overrule the objections of the defendants and decree the Suit straightway.5. Learned counsel Savanur relied on Ss. 4 to 6 of Wakf Act, 1954. S. 6 which is material to this case. reads:'6. Disputes regarding wakfs :- (1) If any question arises whether a particular property specified as wakf property in a list of wakfs published under sub-section (2) of Section 5 is wakf property or not or whether a wakf specified in such list is a Shia wakf or Sunni wakf the Board ...
Tag this Judgment!Appa Saheb, R. Kerakalamatti Vs. Additional Registrar of Co-operative ...
Court: Karnataka
Decided on: Mar-13-1985
Reported in: AIR1985Kant202
ORDER1. In this petition in which the petitioner has prayed for quashing the order of the Joint Registrar of Co-operative Societies made under Section 126-A of the Karnataka Co-operative Societies Act, 1959 ('the Act' for short) removing him from the membership of the committee of management of Bijapur District Central Co-operative Bank and disqualifying him from holding any office in the Bank as also in any other co-operative society, for a period of three years, which has been confirmed in appeal by the Additional Registrar of Co-operative Societies, the following question of law arises for consideration -'Whether a member of a managing committee of a co-operative society is liable to be removed from the office and disqualified for being a member of managing committee on the ground that he was a party to a decision or act, of the managing committee, which is found to be violative of the provisions of the Act or the Rules or the bye-laws and/or prejudicial to the interests of the Soci...
Tag this Judgment!Appa Saheb R. Kerakalamatti Vs. Addl. Registrar of Co-operative Societ ...
Court: Karnataka
Decided on: Mar-13-1985
Reported in: ILR1987KAR1336
ORDERRama Jois, J.1. In this Petition in which the petitioner has prayed for quashing the order of the Joint Registrar of Co-operative Societies made under Section 126-A of the Karnataka Co-operative Societies Act, 1959 ('the Act' for short) removing him from the membership of the Committee of Management of Bijapur District Central Co-operative Bank and disqualifying him from holding any office in the Bank as also in any other co-operative society, for a period of three years, which has been confirmed in appeal by the Additional Registrar of Co-operative Societies, the following question of law arises for consideration -'Whether a member of a managing committee of a co-operative society is liable to be removed from the office and disqualified for being a member of managing committee on the ground that he was a party to a decision or act, of the managing committee, which is found to be violative of the provisions of the Act or the Rules or the bye-laws and/or prejudicial to the interest...
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