Karnataka Court September 1985 Judgments

Dabade Vs. Secretary-ksta

Court: Karnataka

ORDERK. A. Swami, J.1. The petitioner is the registered owner of the vehicle bearing Registration No. MTL 5245 the permit of which was countersigned by the Karnataka State Transport Authority under CSB. No. 2405. The vehicle was checked on 25-11-1981 near Kagwad Police Station at 5.10 p.m. and the Authorities found that tax had not been paid from 1-10 1980. The Checking Report was prepared in the presence of the driver of the vehicle who signed on the Report. On coming to know of it, the petitioner paid the tax due from 1-10-1980 to 3142-1981 on 5-12-1981 and filed an application before the respondent on 8-2-1982 stating that he has paid the tax for the quarter ending 31 -3-1982 and for the previous period the tax had been collected at Belgaum. He therefore, requested for levying smaller penalty. Pursuant to that, the respondent levied a nominal penalty of Rs. 6,075/-- and intimated the same to the petitioner by the Endorsement dated 6-3-1982 bearing No. TAX 2/STA/MTL 5245/CSB. 2405. T...

Patil Exhibitors (Pvt.) Ltd. Vs. the Corporation of the City of Bangal ...

Court: Karnataka

Reported in: AIR1986Kant194; ILR1985KAR3700; 1985(2)KarLJ533

Venkatachaliah, J. 1. This appeal is by the plaintiff and is directed against the order dt. 31-8-1985 on I.A.I. on O.S.No. 2724 of 1985 on the file of the XI Addl. Civil Judge, Bangalore City, declining an interlocutory injunction restraining dispossession. 2. Ws. Patil Exhibitors (Pvt) Ltd.,-appellant, was lessee of the Municipal Corporation of Bangalore - respondent a respecting the plaint schedule property, viz., a Cinema-house located in the public utility building on the M.G. Road, Bangalore, under a deed of lease dt. 31-10-1981. The term of the lease came to an end, by efflux of time, on the expiry of 31-8-1985.Even before the expiry of the term under the lease, appellant brought the present suit for specific enforcement of an alleged agreement to renew the lease said to be contained in CL 27 of the said deed dt. 31-10-1981,In the suit, appellant filed I. A. I. under O.39 Rr. I and 2 CPC for an interlocutory possessory remedy of a temporary injunction restraining respondent lesso...

Gulabi Hengsu Vs. Vasu Kottari

Court: Karnataka

Reported in: ILR1986KAR3559

ORDERK.A. Swami, J.1. This Civil Revision Petition under Section 115 of the Code of Civil Procedure is preferred against the order dated 5-6-1986 passed by the 1st Additional Munsiff, Mangalore, in Execution Case No. 151 of 1985 filed for execution of the order of eviction passed in H.R.C No. 61 of 1973. Learned Munsiff has held that the execution petition is maintainable and it need not be stayed pending consideration of the application in Form No. 7 filed by the petitioner (Judgrnent-Debtor) before the Land Tribunal, Mangalore, under the provisions of the Karnataka Land Reforms Act, 1961, and has, accordingly, over ruled the objections raised by the petitioner and has ordered the execution to proceed.2. Facts necessary to appreciate the contentions raised by both the sides, are not in dispute. The property involved in this case is a tiled-house bearing Door No. 3-1343 situated in eastern portion of Sy.No. 50-E7, Nanja land measuring O. 17 1/2 cents of Padavu Village in the Kadri Ward...