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Karnataka Court August 1985 Judgments

Aug 01 1985

Nanjamma Vs. Subbanna @ Subbaraya

Court: Karnataka

Decided on: Aug-01-1985

Reported in: ILR1986KAR922; 1985(2)KarLJ438

ORDERHakeem, J.1. This Civil Revision Petition is preferred by the tenant challenging the correctness and legality of the order passed by the Trial Court rejecting her petition under Section 43 of the Karnataka Rent Control Act. 1961 (the Act).2. The jural relationship between the parties is not disputed. The grievance of the tenant in her petition was that she is being physically prevented by the respondent and another tenant of the adjoining premises, from using the latrine and bathroom since 29-9-1981. They have done so with the object of forcing her to vacate the premises which is in her occupation.3. The respondent-land lord resisted the petition on the ground that the bathroom and latrine is not a part of the premises let out to the tenant. As such, her petition under Section 43 of the Act is not maintainable in law. The Trial Court has considered the question of maintainability as a preliminary issue and held that the petition is not maintainable in law and hence, rejected the s...

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Aug 01 1985

Basappa Vs. Commissioner of Wealth Tax

Court: Karnataka

Decided on: Aug-01-1985

Reported in: ILR1986KAR1116

ORDERPuttaswamy, J.1. In this reference under Section 27(1) of the Wealth-tax Act of 1957 (Central Act No. 27 of 1957) ('the Act') the Income Tax Appellate Tribunal, Bangalore Bench('Tribunal') at the instance of the assessee has referred the following question of law for the opinion of this Court:'Whether, on the facts and in the circumstances of the case, the assessee was entitled to a deduction of Rs. 1,69,950/-representing the loan taken from the Life Insurance Corporation of India on insurance policies in view of the provisions of Section 2(m)(ii) of the Wealth Tax Act, 1957?In order to appreciate the question of law referred to us, it is necessary to notice the facts of the case in the first instance.2. The assesses is a Hindu Undivided Family ('HUF') For the assessment year 1974-75 relevant to the valuation date being 31-3-1974, the assessee filed his return under the Act before the Wealth Tax Officer, Mercara ('WTO') inter alia claiming a sum of Rs. 1,69,950/- 'as a debt owed b...

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Aug 01 1985

MoiuddIn Shariff Vs. K.S.T.A.T.

Court: Karnataka

Decided on: Aug-01-1985

Reported in: ILR1986KAR3377

ORDERK.A. Swami, J.1. Both these petitions are filed by the same petitioner. In writ petition No. 21364/83, the petitioner has sought for quashing the resolution dated 31-8-1982 passed in Subject No. 60/81-82 by the R.T.A.. Chitradurga, produced as Annexure-B. He has also sought for quashing the order dated 28th September, 1983, passed by the Karnataka State Transport Appellate Tribunal (for short, 'KSTAT') in Appeal No. 895 of 1982 produced as Annexure-C. The petitioner has also sought for a direction to the 2nd respondent to grant permit on the route Chitradurga to Davangere, In Writ Petition No. 2565 of 1983, he has sought for issue of a writ in the nature of prohibition prohibiting the R.T.A. from considering the Agenda in Subject No. 56 of 1982-83 on 8-2-1983 and on any other subsequent dates.2. The petitioner holds a stage carriage permit bearing No. BP36/59-60 on the route Chitradurga to Chickamagalur and back ; and Chitradurga to Davangere and back. He has sought for grant of v...

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