Karnataka Court March 1986 Judgments
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B.S. Kamath and Co. and ors Vs. Union of India and ors.
Court: Karnataka
Decided on: Mar-12-1986
Reported in: 1986(8)ECC92; 1986(24)ELT456(Kar); ILR1986KAR3895
K.S. Puttaswamy, J.1. On a reference made by Hakeem, J. these cases were posted before us for disposal. 2. As common questions of law arise for determination in these cases, we propose to dispose of them by a common order. 3. The petitioners are manufacturers of polythene products, for the manufacture of which they import a base material called High Density Polyethylene Moulding Powder (HDPM) from United States of America, Brazil, Korea and other foreign countries. The material bought by the petitioners from their foreign sellers is transported by ocean going ships under Cost, Insurance, Freight (CIF) contracts and are delivered at one or the other sea port of the country. From the concerned seaport, evidently at the request of the petitioners the HDPM was further transported by rail or road to Bangalore at which place the same was kept at the bonded warehouse of the customs department of Government of India to ensure payment of import duty under the Customs Act of 1962 (Central Act No...
Hiralal Nemchand Shah and ors. Vs. Union of India and ors.
Court: Karnataka
Decided on: Mar-12-1986
Reported in: [1986]162ITR180(KAR); [1986]162ITR180(Karn)
Puttaswamy, J.1. As the questions that arise for determination in these cases are interconnected, we propose to dispose of them by a common order. 2. House property bearing CTS No. 1750/1b, Ward III, Bijapur City, measuring 5,109 sq. yards. was originally owned by one Ramrao Bindurao Bagalkotkar (Ramrao) of Bijapur City. On February 20, 1973, Ramrao transferred the said property to one Nandalal Tejmal Kothari (Nandalal) who is the petitioner in Writ Petition No. 11750 of 1985, by an instrument of transfer for an apparent consideration of Rs. 45,000. 3. On an examination of the aforesaid transfer, the Inspecting Assistant Commissioner of Income-tax, Acquisition Range, Dharwar, the Officer authorized by Chapter XX-A of the Income-tax Act, 1961 (Central Act 43 of 1961) (the 'Act'), initiated proceedings for acquisition of the same, issued notices (annexure-B) to the transferor, the transferee and all the tenants who were in occupation of different portions of the property. On a considerat...
Somappa Hanamantappa Vs. State of Karnataka
Court: Karnataka
Decided on: Mar-12-1986
Reported in: ILR1986KAR1766
Patil, J.1. This appeal and Revision are directed against the judgment and order of conviction passed by the Principal Sessions Judge, Belgaum, in Sessions Case No. 67 of 1983 on his file, whereby he has found the accused - Somappa Hanamantappa Chowreddi guilty of the offence of murder for having caused the death of his wife - Devakka on 25-5-1983 at Rainapur Village Tank, where she had gone for washing the clothes, and convicted and sentenced to suffer imprisonment for life and has also directed to give set off the period of detention against the period of imprisonment.2. It appears, it is not necessary to consider the merits of the case because, one of the main contentions advanced by Mr. H.F.M. Reddy, Learned Counsel appearing for the appellant/accused, is that the accused had engaged a Senior Counsel to defend him in the case, but the services of the Senior Counsel engaged were not available either because the Senior Counsel was sick and not in a position to appear and cross-examin...
Shankar Rao Vs. Chancellor, Karnataka University
Court: Karnataka
Decided on: Mar-12-1986
Reported in: ILR1986KAR1432
ORDERVenkatesh, J.1. Shankar Rao Maharudrappa Kappikeri of Dharwad has filed this Petition under Article 226 of the Constitution of India for a Writ of Mandamus and/or other appropriate orders or directions. It is directed against the Chancellor, Vice-Chancellor and the Registrar of the Karnataka University, Dharwad who are respondents 1 to 3 respectively herein.2. When this Petition came up for hearing before the Learned Single Judge, Chandrakantharaj Urs, J., he referred the same for decision to a Division Bench, since in his view certain important questions of law arise for consideration.3. The petitioner was appointed as a Lecturer in Hindi in the Post-graduate Department at the Karnataka University, Dharwad, on 25-8-1971. A few posts of Readers and Lecturers in the University fell vacant during the years 1977 and 1979, On 25 4-1977 a notification was issued notifying the vacancy of one post of Professor in Hindi in the Post-graduate Department at Dharwad and one post of Reader als...
State of Karnataka Vs. Shivalingaiah
Court: Karnataka
Decided on: Mar-12-1986
Reported in: ILR1986KAR2922
Rama Jois, J.1. The Writ Appeal is presented by the State of Karnataka and the Director of Mines and Geology against the order of the learned Single Judge allowing the Writ Petition of the respondent and directing the State Government to consider his application for the grant of mining lease in respect of land in Sl.No. 19 of Honnanaikanahalli Village in Channapatna taluk W P. No. 20489/84 is presented by the petitioner therein questioning the legality of the Notification issued by the State Government dated 7th April, 1983 under Rule 58 of the Mineral Concession Rules reserving the entire area within the taluk of Channapatna in Bangalore District for the purpose of exploitation of corundum and ruby corundum minerals by the Mysore Minerals Ltd., Bangalore.2. W.P. 20489/84 was not in the hearing list. But it is taken up at the request of the Counsel appearing for the parties as it is connected with Writ Appeal No. 1117/81.3. The facts and circumstances of the case are these : On 27-3-19...
S. Abdul Jabbar Vs. Khaleel Ahamed and ors.
Court: Karnataka
Decided on: Mar-10-1986
Reported in: ILR1986KAR1769
ORDER1. This petition is directed against the order dated 8-7-1985 passed by the J.M.F.C., Kolar under Section 457, Cr.P.C. in Cr. No. 24/85 entrusting interim custody of the vehicle bearing No. MEG 7676 to the 1st respondent and as confirmed by the Sessions Judge by his order dated 28-10-1985, in Cr. R.P. No. 46 of 1985, on his file. 2. The 1st respondent who claims to have entered into a contract of purchase of the vehicle in question from the petitioner filed a complaint before the Magistrate alleging commission of the offence of theft of the vehicle from his possession. The learned Magistrate, without taking cognizance of the offence, referred the complaint to the police as provided under Section 156(3) Cr.P.C. for investigation of the same. On receipt of the complaint, the Mulbagil Police registered a case in Cr. No. 13/85 and took up investigation of the case. During investigation, the police seized the vehicle when it was found parked in the compound of the premises belonging to...
Venkatachala Shetty Vs. State of Karnataka
Court: Karnataka
Decided on: Mar-10-1986
Reported in: ILR1986KAR2419; (1986)IILLJ464Kant
ORDER1. In a joint departmental enquiry held against petitioner and one Papanna, charge framed reads thus :- 'Gross misconduct in demanding the payment of Rs. 25/- by way of illegal gratification from one K. Muniraju on 3rd May, 1977, 4th May, 1977 and 6th May, 1977 respectively at Hebbal O.P. for the purpose of returning the Military Discharge Certificate etc., of M. Muniraju and which documents had been taken possession of illegally from the said Muniraju by delinquent No. 2 (P.C. 2775) on the night of 1st May, 1977 and thereafter illegally retained by delinquent No. 1 (H.C. 441) and in accepting the said illegal gratification on 6th May, 1977 evening from Muniraju, through one Gangaiah son of Thimmaiah of Hebbal.' 2. Assistant Commissioner of Police, Malleswaram Division Police Station, appointed as a specially empowered authority after holding an enquiry recorded a finding of guilt. Deputy Commissioner of Police (Law and Order) Bangalore, as a Disciplinary Authority, provisionally ...
Spl. L.A.O. Vs. Irasangavva
Court: Karnataka
Decided on: Mar-10-1986
Reported in: ILR1986KAR1353
Venkatachala, J.1. Special Land Acquisition Officer. Upper Krishna Project, Narayanapur (the L.A.O., for short), has preferred under Section 54(1) of the Land Acquisition Act, 1894 ('the Act' for short), these appeals M.F. As. Nos. 1141/85, 879/15, 771/85 and 1208/85 questioning the enhanced compensation awarded by the common award and separate decrees dated 22-9 1984 in L.A.C. Nos. 173 to 176 of 1983 respectively of the Court of Principal Civil Judge at Bijapur ('the Civil Judge' for short).2. Several extents of agricultural lands of Bangargund village in Muddebihal Taluk, Bijapur District, ware acquired for the submergence of Narayanpur Reservoir Upper Krishna Project, pursuant to the preliminary notification under Section 4(0) of the Act, published in the Karnataka Gazette dated 30 11-1978. By his awards made under Section 11 of the Act, the L.A.O. categorised the acquired dry lands assessed to revenue ranging from Re. 1-22 Ps. to Re. 1-84 Ps...as 'good type' ; ranging from Re, 0-61...
P. Tej Raj Sharma Vs. Union of India (Uoi)
Court: Karnataka
Decided on: Mar-10-1986
Reported in: ILR1986KAR2701; 1986(2)KarLJ24
Rama Jois, J.1. In these Writ Petitions presented against the order of the Karnataka State Transport Appellate Tribunal ('the Tribunal' for short) allowing a batch of appeals, partly and modifying the order of the State Transport Authority regarding the grant of All India Tourist Vehicle Permits ('T.V. Permits' for short) under Sub-section (7) of Section 63 of the Motor Vehicles Act ('the Act' for short) two questions concerning the constitutional validity and the interpretation of the proviso to Sub-section (7) of Section 63 of the Act arise for consideration.2. The said sub-section reads :'Notwithstanding anything contained in Sub-section (1) but subject to any rules that may be made under this Act, any State Transport Authority may, for the purpose of promoting tourism, grant permits valid for the whole or any part of India, in respect of such number of tourist vehicles as the Central Government may, in respect of that State specify in this behalf, and the provisions of Sections 49,...
K. Kunhambu Vs. Syndicate Bank, Manipal and anr.
Court: Karnataka
Decided on: Mar-07-1986
Reported in: AIR1987Kant40; ILR1986KAR1843
ORDER1. C.R.P. No. 56/1984 by the 1st defendant is directed against the order dt. 12012-1983 passed by the Principal Civil Judge, Mangalore, in O.S. No. 250/1983 rejecting I.A. No. 4.2. C.R.P. No. 2328/1984 by the 1st and 2nd defendants is directed against the order dt. 18-7-1984 passed by the Principal Civil Judge, Mangalore, in O.S. No. 250/1983 allowing I.A. 6.3. M.F.A. No. 1587/1984 by the 1st and 2nd defendants is directed against the order dt. 18-7-1984 passed by the Principal Civil Judge, Mangalore, in O.S. No. 250/1983 allowing I.A. No. 5.4. As all these matters arise out of the orders passed in O.S. No. 250/1983, 1 deem it proper to dispose of these matters by a common order.5. The plaintiff filed O.S. No. 250/1983 against the revision petitioners in both the C.R.Ps. and the appellants in the M.F.A. to recover Rs.56,72,778.75 alleging that the Ist defendant, for the purpose of his business, approached the plaintiff-bank for two types of facilities viz., Secured Loan in a sum o...
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