Karnataka Court September 1990 Judgments
Bharathi Family Trust Vs. Dr. B. Doraiswamy Naidu
Court: Karnataka
Decided on: Sep-21-1990
Reported in: ILR1991KAR1608; 1991(1)KarLJ86
ORDER 20 RULE 12 - Mesne Profits - If Rent Control Act applicable entitlement only to arrears of rents not mesne profits - Claim for mesne profits equivalent to agreed rent, to be construed as for arrears of rents - To be described in decree as arrears of rent not as mesne profits.This is a case in which the premises in question is situated in the area to which the Karnataka Rent Control Act, 1961 applies. The tenant in occupation of the premises cannot be evicted except in accordance with the provisions contained in Chapter V of the Act. That being so, all that the plaintiffs would be entitled to is the arrears of rent and not the mesne profits...The plaintiffshave claimed mesne profits at the rate of Rs. 6.025/- p.m. equivalent to the rent agreed under the lease deed. In such a situation it could not be construed as anything but a claim for arrears of rent...Describing the amount in the decree as mesne profits is not correct and the same should be described as arrears of rent....
Tag this Judgment!Government of Karnataka Vs. Ramalingasetty
Court: Karnataka
Decided on: Sep-21-1990
Reported in: ILR1991KAR1715
N.D.V. Bhat, J.1. These four appeals preferred by the Government of Karnataka are directed against the common Judgment dated 18-12-1978 passed by the Civil Judge, Tiptur in Regular Appeals 109/1978, 110/1978, 114/1978 and 115/1978.2. The facts leading to these appeals lie in a narrow compass. They are briefly stated as under:3. The Government of Mysore by its order dated 13/14-11-1963 under No.RD 42 LKD 63 was pleased to accord sanction for the release of 16 acres of land in Sy.No.61 of Thirthapura village in Chikkanaikanahalli Taluk, from the date reserve list for cultivation purpose. Sanction was also accorded by the same order to the gran of 8 acres of land each in favour of C.M. Mallappa and C.M. Mallikarjunaiah, out of the released land. It was stipulated in the Government Order that the land granted to C.M. Mallikarjunaiah was free of upset price under P.S.C. Rules and an upset price was required to be fixed by the Deputy Commissioner in respect of the land granted to C.M. Mallap...
Tag this Judgment!University of Mysore Vs. P. Maribasavaradya
Court: Karnataka
Decided on: Sep-21-1990
Reported in: ILR1990KAR3671; 1990(3)KarLJ468
Shivaraj Patil, J.1. The facts briefly stated, necessary for disposal of these appeals, are these:-2. The Oriental Research Institute is one of the non-teaching Institutions of the Mysore University. The 1st respondent joined the said Institute as a Research Assistant on 17-9-1957 as a local candidate and his services were regularised by the order dated 31-5-1965. The 2nd respondent was appointed as a Research Assistant Class-II on 1-6-1965 in the same Institute. Later he was promoted as Research Assistant-Class-I in the Institute of Kannada Studies. Since the beginning nature of the work of the 1st respondent has been reproducing the work on palm leaves. Nature of the work of the 2nd respondent was confined to carrying on the reproduction of old Kannada works. Both the respondents have not done the work of teaching at any time.3. Qualification prescribed for the post of Research Assistant Class-I and Class-II are as follows:- 1. Research Assistant Class-I:Master's degree in Kannada or...
Tag this Judgment!Geep Industrial Syndicate Ltd. Vs. State of Karnataka
Court: Karnataka
Decided on: Sep-20-1990
Reported in: [1992]86STC64(Kar)
M.P. Chandrakantaraj Urs, J. 1. The question formulated for our determination is as follows : On the facts and in the circumstances of the case whether the discount equivalent to freight charges allowed amounts to 'other discount' liable to be excluded in the turnover as contemplated in explanation (iii) to section 2(1)(v) of the Karnataka Sales Tax Act, 1957 2. The undisputed facts are these : For the assessment year 1977-78, the appellant-company was assessed on a taxable turnover of Rs. 27,62,032.32 as against the declared taxable turnover of Rs. 27,35,223.60 levying a tax of Rs. 2,75,988.62 and additional tax of Rs. 27,598.86. In doing so, the assessing authority rejected the claim for exemption of Rs. 26,808.72 which the appellant had claimed as freight charges. 3. Aggrieved with disallowance, it filed an appeal before the first appellate authority, namely, the Deputy Commissioner of Commercial Taxes (Appeals), Bangalore. That appeal came to be dismissed by an order dated August 3...
Tag this Judgment!Visvesvaraya Iron and Steel Ltd. Vs. Deputy Commissioner of Commercial ...
Court: Karnataka
Decided on: Sep-20-1990
Reported in: [1991]83STC305(Kar)
M.P. Chandrakantharaj Urs, J. 1. These three sales tax revision petitions arise out of the common order dated March 31, 1984, passed by the Karnataka Appellate Tribunal in Sales Tax Appeal Nos. 123, 124 and 125 of 1983. The questions raised for our determination in these revision petitions are also common. They are as follows : '1. Whether, on the facts of the case, the Tribunal wrongly applied the ratio of the Madras decision reported in [1977] 39 STC 443 (Natarajan and Sons v. State of Tamil Nadu) and failed to correctly apply the ratio of the decision of the Honourable Supreme Court of India reported in : [1979]1SCR276 (Hindustan Sugar Mills Ltd. v. State of Rajasthan) in a situation where the nature of the transition between the parties negatived the intention to effect sale of the container together with the contents and this has resulted in denying to the appellant the deduction it was entitled to under Rule 6(4)(ff) of the Rules 2. Whether, on the facts of the case, the exercis...
Tag this Judgment!Mafatlal Plywood Industries Ltd. Vs. Assistant Collector of Central Ex ...
Court: Karnataka
Decided on: Sep-20-1990
Reported in: 1991(32)ECC113; ILR1991KAR90; 1990(3)KarLJ332
ORDERB.P. Singh, J. 1. The appellant herein M/s. Mysore Plywoods Ltd., is a Public Limited Company carrying on business of manufacture and sale of decorative plywoods, flush doors, having Its principal place of business in Bangalore. The appellant has been paying Central Excise Duty on articles manufactured by it, Including flush doors. The Assistant Collector of Central Excise, respondent No. 1, had been levying Central Excise duty on flush doors under Excise Tariff Item No. 16-8 of Schedule-1 of the Central Excise and Salt Act. The Trade Notice No. 157/73, dated 30th July, 1973 also provided that flush doors were included in Item No. 16-B aforesaid and therefore liable to pay excise duty at the rates specified thereon. The appellant was aggrieved by levy of excise duty on flush doors under Excise Tariff, item No. 16-8 and therefore on 4-5-1974 it wrote to respondent No. 1 objecting that flush doors could not be classified as plywood or block boards as defined under Tariff Item No. 16...
Tag this Judgment!Kalaiah @ Kalegowda Vs. Lingamma
Court: Karnataka
Decided on: Sep-20-1990
Reported in: ILR1991KAR1213; 1990(3)KarLJ571
B.P. Singh, J.1. This second appeal has been preferred by the plaintiffs, whose suit for redemption of mortgage has been dismissed by the Munsiff, Malavalli, in O.S.147/1974. The learned Principal Civil Judge, Mandya, has affirmed the dismissal of the suit by dismissing the Regular Appeal No. 178/1976 preferred by the appellants.2. The facts of the case are not in dispute:-On 20th July 1953 the defendants-3 and 4 executed a registered mortgage deed in favour of defendant No. 1 for a sum of Rs. 1,000/-. Defendant No. 1 was put in possession of the suit lands. It was said that defendants-3 and 4 had executed the mortgage deed for raising funds for performing the marriage of defendant No. 2 and consequently, defendant No. 2 was also bound by the mortgage. The period of mortgage was five years and therefore the amount became payable on the 20th of July 1958. Subsequently on 4-4-1963 the plaintiffs claim to have acquired the equity of redemption because defendant No. 2 sold 30 guntas out of...
Tag this Judgment!Kamala Vs. Vittamma
Court: Karnataka
Decided on: Sep-20-1990
Reported in: ILR1991KAR2869; 1991(1)KarLJ102
B.P. Singh, J.1. This Second Appeal has been preferred by the legal representatives of the plaintiff and by defendant Nos. 3 to 19 against the Judgment and decree passed by the Civil Judge, Mangalore in Regular Appeal No. 122/1975. The main grievance of the appellants in the appeal is against that part of the Judgment and decree of the learned Civil Judge, whereby it was held that Schedule-C properties were the self-acquired properties of defendant No. 1 and were therefore not available for partition. It is not necessary to go into the detailed facts of the case since the only submission urged before me was that the substitution of the legal representatives of defendant No. 2 during the pendency of the appeal was contrary to law and vitiated the Judgment and decree passed by the Appellate Court.2. One Muthanna Shetty - plaintiff filed O.S.230/1969 for partition of Schedule-B, C, D and E properties. It was contended that the plaintiff and defendants constituted an undivided Aliyasanthan...
Tag this Judgment!K.S. Prakash Vs. Bangalore Development Authority
Court: Karnataka
Decided on: Sep-20-1990
Reported in: ILR1990KAR3599; 1990(3)KarLJ245
ORDERBalakrishna, J. 1. The Writ Petition is for declaration that the allotment of site made by the Bangalore Development Authority (the B.D.A.) in favour of M/s Seethalakshmi Hall Flour Mills Limited, Bangalore, consisting of marginal land adjoining site No. 17/B of Industrial Suburb, II Stage, Rajajinagar, Bangalore, as null and void ab initio and also vitiated by mala fides and further for quashing of endorsement dated 13-2-1987 vide Annexure-Q. The petitioner has also sought for a Mandamus to the B.D.A. directing the B.D.A. to put the petitioner in possession of the marginal land aforementioned in accordance with the communication of allotment dated 18-7-1967.2. The father of the petitioner since deceased by name K. Srinivasalu was allotted an industrial site bearing No. 17/B situate in Industrial Suburb, II Stage, Rajajinagar, Bangalore, measuring 252+243 236+300 ________ x _______ 2 2256+116 X 550 and 160 X 60+0------ ---- 2 2 3. The petitioner made hectic efforts by personally...
Tag this Judgment!Karnataka Food and Civil Supplies Corporation Ltd. Vs. State of Karnat ...
Court: Karnataka
Decided on: Sep-19-1990
Reported in: [1991]83STC246(Kar)
M.P. Chandrakantaraj Urs, J. 1. This sales tax revision petition under section 23(1) of the Karnataka Sales Tax Act, 1957 (hereinafter referred to as 'the Act') is by the Karnataka Food and Civil Supplies Corporation Ltd., a company incorporated under the Companies Act. Among other things, admittedly, the petitioner-company acts as procuring agent under various foodgrains levy orders of the State and Central Governments. It procures the foodgrains from the grower or the miller or huller, the points at which levy foodgrains are procured. Admittedly the company has a method by which it adds certain charges to constitute its selling price to which we have referred to in an earlier petition, namely, S.T.R.P. No. 48 of 1987 since disposed of on 13th September, 1990 [Reported as Karnataka Food & Civil Supplies Corporation Ltd. v. State of Karnataka [1991] 81 STC 87]. Its turnovers, both sales and purchases, are subject to tax. For the assessment year 1975-76 it returned turnover of Rs. 27,56...
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