Karnataka Court March 1987 Judgments
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Suresh Heblikar Vs. House Rent and Accommodation Controller
Court: Karnataka
Decided on: Mar-09-1987
Reported in: ILR1987KAR1215
Rama Jois, J.1. In these two writ appeals the following questions of law arise for consideration :(1) Whether the registration under Explanation (3) of Sub-rule (15) of Rule 4(B) of Karnataka Rent Control Rules, 1961 (Rules for short) essential to claim allotment of residential house under any of the preferential categories?and(2) Whether a person who has registered earlier is entitled to priority in the matter of preference for allotment under Rule 4(B) of the Rules?2. The facts of the case in brief are as follows :- The appellant in W.A. No. 1703/82 is the owner (hereinafter referred to as the Land Lord) of the premises bearing No. 405 (Ground floor), Diagonal Road, III Block, Jayanagar, Bangalore which consists of a ground floor and first floor. The ground floor of the premises became vacant. Thereafter, as required under the provisions of Section 4 of the Karnataka Rent Control Act, 1961 (the Act for short), the appellant reported the vacancy to the House Rent and Accommodation Con...
Special Deputy Commissioner Vs. Bhargavi Madhavan
Court: Karnataka
Decided on: Mar-09-1987
Reported in: ILR1987KAR1260
Rama Jois, J.1. These appeals which involve the question of the legality of the grant of permission for conversion of vast areas of agricultural lands situate in the green belt area within the Bangalore City Planning area for non-agricultural use, are a glaring example to show how good cases for the Government are allowed to be lost before the Courts and public Interest is allowed to suffer which could thereafter be attributed to decisions of the Court.1A. These two Writ Appeals are by the Special Dy. Commissioner, Bangalore Dist, Bangalore and the State of Karnataka, by its Secretary, Revenue Department, Vidhana Soudha, Bangalore, against the order of the Learned Single Judge dismissing the two Writ Petitions filed by them in which the validity of the order of the Karnataka Appellate Tribunal had been challenged by the appellants.2. The facts of the case, in brief, are as follows :Smt. Bhargavi Madhavan, one of the respondents in the appeals, is the owner of 15 acres 15 guntas of land...
Vilas Alias Gundu Ananthacharya Vs. State of Karnataka
Court: Karnataka
Decided on: Mar-09-1987
Reported in: ILR1987KAR1427
ORDERKulkarni, J.1. This is a revision by the appellants (appellants in No. R.A.L.R. 1078/86) against the order dated 27-1-1987 passed by the Land Reforms Appellate Authority, Belgaum, in No. R.A.L.R. 1078/1986 dismissing the same.2. The parties have been referred to with reference to their position in the Appellate Authority.3. Appellant-1 is the elder brother's son of appellant-2. Appellant-3 is the younger brother of appellant-2. S.No. 20/1 measuring 5 acres assessed at Rs. 6-13-0 and S.No. 154/1B measuring 6 acres 4 guntas assessed at Rs. 12-8-0 situate in Devarasheegihalli village of Bailhongal taluk, belong to the appellants. Respondents-3 and 4 who are the brothers, claim that these lands had been leased to their father more than 20 to 50 years back and that their father was in possession and cultivation of these lands till his death and that ever since the death of their father, they are in possession and cultivation of these lands upto date. So claiming, they filed application...
Laxman Bhat Vs. Subbanna Bhat
Court: Karnataka
Decided on: Mar-05-1987
Reported in: AIR1988Kant40; ILR1987KAR1195; 1987(1)KarLJ358
ORDER1. This is a revision. by the decree holder against the order dated 9-1 1985 passed by the Munsif, Karkala, in Execution Case No. 252 of 1982 dismissing the execution. 2. The decree holder filed O.S. No. 107 of 1978 against the defendant on the foot of the mortgage and obtained a preliminary decree on 31-8-1981 and thereafter obtained a final decree. As the judgment-debtor did not pay the money due under the mortgage decree, the decree-holder sued out the present execution for the recovery of that mortgage amount by the sale of the mortgage property.3. The judgment debtor contended that he was an agriculturist within the meaning of S. 60(l), C. P.C. and that the property brought. to sale was his only residential house with the land appurtenant to it and that there-fore it was not liable to be sold.4. The said contention raised by the judgment-debtor appealed to the executing Court and it held. that as undisputedly the judgment-debtor was an agriculturist, the only house belonging ...
Kalpatharu Vidya Samithi Vs. Educational Appellate Tribunal
Court: Karnataka
Decided on: Mar-05-1987
Reported in: ILR1988KAR701; 1988(1)KarLJ324
ORDERK.A. Swami, J.1. In this petition under Articles 226 and 227 of the Constitution, the petitioner has sought for the following reliefs:-'1) Call for the records relating to M.A. (E.A.T) No. 8/84 from the first respondent, peruse the same and set aside the order contained in para 32 of Annexure-A in so far as it directs the quashing of the order challenged in the said appeal and the directions issued to the petitioner regarding reinstatement and payment of salary etc., to the second respondent as arbitrary and devoid of jurisdiction.2) Quash the communication contained in Annexure-C bearing No. DDCE.ROB. 113 TES 1/84-85 dt. 5-1-1987 vide Annexure-C as devoid of the authority of law.'The 1st respondent will be referred to in the course of this order as 'Tribunal'.2. No doubt, the relief prayed for by the petitioner is somewhat unusually worded. If such a relief has to be granted, it becomes necessary to consider as to whether the order of remand in question is made in accordance with...
Food Labour Contract Co-operative Society Ltd. Vs. Food Corporation of ...
Court: Karnataka
Decided on: Mar-04-1987
Reported in: AIR1988Kant332
ORDER1. This matter coming up for preliminary hearing after notice to respondents and after hearing the Counsel for parties is disposed of by the fol1lowing order.2. The petitioner is a Co-operative Society' registered under the Karnataka Co-operative Societies Act, 1959. It is asserted that its members are all working as loading and unloading labourers under different contractors of the Food Corporation of India lst respondent (hereinafter referred to as the Corporation). It is alleged that the Ist respondent-Corporate ion invited tenders to handle loading, unloading and transport commodities al per the advertisement dated 23-11-1986 which is to be found at Annexure A to the petition. The petitioner was one of the tenders along with nine others. It is aggrieved that it was not selected to do the handling, loading and unloading etc., but the 3rd respondent Mahatma Transport was selected arbitrarily violating the equality of treatment and protection of laws guaranteed under Art. 14 of t...
Diocese of Mysore Vs. Rev. Deepak Saraswathi Nirmale
Court: Karnataka
Decided on: Mar-04-1987
Reported in: ILR1987KAR1161
ORDERKulkarni, J.1. This is a defendant's revision against the order dated 8th August 1986 passed by the Principal I Munsiff in O.S. 511 of 1986 holding that the Court has got jurisdiction to try the Suit.2. The facts in brief leading to the institution of the Suit are :The plaintiff is a Catholic Christian Priest, now incharge of Nirmala Mathe Parish Church, Kutta and Ponnampet in South Kodagu which comes within the limits of Mysore Diocese. The plaintiff was formerly attached to Bangalore Diocese. He opted to serve Mysore Diocese. On 6-12-1984 the Bishop of Mysore appointed the plaintiff as the Priest of Ponnampet and Kutta and therefore, he started educational institution and is also carrying on the constructive work there itself. The Bishop of Mysore passed away on 9-5-1985 in the City of Mysore. The post of the Bishop is yet to be filled up by the Pope. Immediately after the death of Bishop of Mysore, the plaintiff informed the Administrator that he would continue as the Priest in...
iravva Vs. Shivappa Shiddalingappa Angadi
Court: Karnataka
Decided on: Mar-03-1987
Reported in: AIR1987Kant241; ILR1987KAR1955
1. This is an appeal by the petitioner (petitioner in Misc. Application No. 12 of 1985 on the file of the Principal Civil Judge, Dharwar) against the order dated 25-7-1986 passed by the Civil Judge, Dharwar, in Misc. Application No. 12 of 1985 dismissing the same as not maintainable.2. The parties have been referred to with reference to their position in the trial Court.3. The applicant Iravva is the wife of the deceased Gurupadappa Siddalingappa Angadi. They were married in the year 1948. The applicant was living with her husband but she did not bear any children. Since she did not bear any children, her husband wanted to marry another woman. The applicant did not give her consent to the second marriage. Notwithstanding it, her husband illegally married another woman and brought her to his house and the so-called second wife also deserted him and went away. Thereafter he brought another woman. The applicant's husband thought that the applicant might take some action against him. So by...
Vijaya Commercial Credit Ltd. Vs. Sixth Income-tax Officer
Court: Karnataka
Decided on: Mar-02-1987
Reported in: (1987)65CTR(Kar)74; [1988]170ITR55(KAR); [1988]170ITR55(Karn)
M.S. Patil, J.1. In this revision petition filed under section 397 read with 401 Cr. P. C., the petitioner, M/s. Vijaya Commercial Credit Ltd., formerly known as M/s. Vijaya Bank Ltd., accused No. 1, in C.C. Nos. 4 to 17 of 1982, on the file of the court of the Presiding Officer, Special Court for Economic Offences, Bangalore, represented by its managing director Sri P. K. Alva, has sought to challenge the legality and correctness of the order dated February 9, 1983, whereby the application made for discharging it of the offences alleged has been rejected. 2. The criminal cases have been instituted on private complaints filed by the Sixth Income-tax Officer, Mangalore Circle, Mangalore, on being authorised by the Commissioner of Income-tax, Karnataka-I, Bangalore, as provided under section 279 of the Income-tax Act, 1961, hereinafter referred to as 'the Act', on the allegation that M/s. Vijaya Bank Ltd. (A-1), being a scheduled bank and a company registered under the Indian Companies A...
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