Karnataka Court June 1991 Judgments
T.K. Chandraiah Vs. Chandraiah and Others
Court: Karnataka
Decided on: Jun-28-1991
Reported in: AIR1992Kant153
1. This appeal is directed against the Judgment and Decree of the learned District Judge, Hassan, in R. A. No. 44 of 1978 reversing the Judgment and Decree of Addl. Munsiff, Arsikere, in O. S. No. 13 of 1972 filed for a declaration, possession and mesne profits.2. At the time of Admission, this Court formulated the following questions of law as arising for determination :'(i) Whether the Court below has committed an error of law in holding that Marulamma who had a limited estate got converted into an absolute estate by the operation of Sec. 14(1) of the Hindu Succession Act.(ii) Whether the Court below has properly construed the provisions of Sec. 14 of the Act?'3. The brief facts of the case are as follows :The father of the Appellant Late Kotturaiah was the plaintiff before the trial Court. He has filed a Suit in O.S. No. 13 of 1972 against defendants 1 and 2, who are respondents 1 and 2 in this Appeal, fordeclaration of title and for possession of the Suit land in Sy. No. 246/ B sit...
Tag this Judgment!Sangawwa Vs. Shankarappa
Court: Karnataka
Decided on: Jun-28-1991
Reported in: AIR1992Kant211; I(1992)DMC316; 1992(1)KarLJ42
1. This Appeal is directed against the order of the learned Principal Civil Judge, Bijapur, passed in R. A. No. 95 of 1979 on 9-4-1980.2. At the time of admission, the substantial question of law formulated by this Court is as follows :'Whether the Appellate-Court was justified in reversing the decree made by the trial-Court granting maintenance?'3. The appellant filed a suit for maintenance against the respondent-husband at the rate of Rs. 1,200/- per annum. According to the plaint averments, she lived for about 4 years happily with the respondent-husband and since she was not able to give birth to any children, the respondent and his family members used to pick-up quarrel and the respondent went to the extent of obtaining consent for a second marriage and also directed the appellant-wife to put her signature on the divorce deed. The respondent and his family members were treating the appellant with cruelty and used to beat her severely. Later, she has been driven out of the house by ...
Tag this Judgment!Saraswathi R. Rai Vs. Korapalu
Court: Karnataka
Decided on: Jun-27-1991
Reported in: ILR1992KAR416; 1991(3)KarLJ283
K.A. Swami, J.1. This Appeal by the plaintiffs is preferred against the judgment and decree dated 11th December 1980, passed by the learned Civil Judge, Puttur in Original Suit 1 of 1979.2. The trial-Court has dismissed the suit for partition and separate possession filed by the plaintiffs, holding that by the will dated 6th January, 1960 - Exhibit P1 executed by Thyampanna Santa he bequeathed the suit properties absolutely in favour of Korapalu and Subbakke (defendants-1 and 2 respectively) and the bequeath was in their individual names for their personal benefit and enjoyment and was not for the family of defendants 1 and 2. Therefore, the only point that arises for consideration is as to whether by the will dated 6th January, 1960 Exhibit P1 Thyampanna Banta bequeathed the properties in favour of Korapalu - defendant-1 and Subbakke defendant-2, individually in their names or as the Yajman of their family or Kavaru and for and on behalf of members of the family of Kavaru.3. The facts...
Tag this Judgment!Basappa Siddagouda Biradar Patil Vs. Basagondappa
Court: Karnataka
Decided on: Jun-27-1991
Reported in: ILR1991KAR4374
Hiremath, J.1. The appellant was defendant-4 in the Original Suit in which respondent-1 plaintiff challenged inter alia the compromise decree passed in Special C.S.No. 108/1949 on the file of the Civil Judge, Senior Division, Bijapur. From the evidence on record the trial Court has constructed a pedigree to be found in para-2 of its Judgment. The propositus Rayappa Biradar had a wife by name Yamanawwa and this Yamanawwa after the death of Rayappa adopted Madgaonda on 7-4-1944. He however died on 12-5-1949. Another Bhimappa is said to have been adopted by the same Yamanawwa. Madagonda her first adopted son left behind a widow Rangawwa who adopted the present respondent-plaintiff on 15-6-1949. It appears that the plaintiff filed Spl.C.S.No. 108/1949. The plaintiff contended that Bhimappa's adoption which had taken place after his adoption was not legal and valid, that there was a registered adoption deed executed by his adoptive mother and hence he became the owner of the properties invo...
Tag this Judgment!Sangappa Sadappa Bhavari Vs. Gouravva W/O Sadappa Chabari and ors.
Court: Karnataka
Decided on: Jun-26-1991
Reported in: AIR1993Kant1; ILR1992KAR236
1. The appellant herein was the plaintiff in the original suit which he has filed against his mother defendant No. 1 and alienees of some of the suit properties. The plaintiff was adopted by defendant No. 1 on 21-1-1941. The adoptive family is possessed of substantial number of agricultural lands and houses. Some of the properties viz. S. Nos. 365/4B, 394/4B, 405/4B, 557/4B and part of 363/4B were sold away by the plaintiff, whereas defendant No. 1 leased the same to Kalloleppa. Though at one stage it was the case of defendant No. 1 that V.P.C. 557 and 600/1 (B) & (C) was mortgaged in the year 1946 to defendant No. 7, later defendant No. 1 herself did not support this mortgage. Similarly, sale in favour of defendants 3 to 5 of V.P.C. Nos. 557 and 600 was not adhered to by her. V.P.C. 559 and four lands have now remained with the family. Thus, by alienation by the plaintiff of the properties aforesaid and lease of the same properties by the defendant No. 1, these properties are no longe...
Tag this Judgment!K.V. Thimmegowda Vs. Smt. Kamalamma and Another
Court: Karnataka
Decided on: Jun-26-1991
Reported in: 1992ACJ306; [1993]76CompCas401(Kar); ILR1991KAR4127
Rama Jois, J. 1. In these two appeals presented under section 110D of the Motor Vehicles Act, 1939 (for short 'the Act'), an important question of law that arises for consideration is : 'Whether an insurance company is liable to pay compensation in respect of the injury to or death of a third party, caused in a motor accident by a motor vehicle which is a stage carriage, while plying or being used lawfully otherwise than as a stage carriage, at a public place, if such place does not lie on the route in respect of which it is permitted to operate as a stage carriage ?' 3. The brief facts of the case necessary for appreciating the question arising for consideration in these two appeals are : A bus bearing registration No. MYN-3257 belonging to the appellant was registered as a stage carriage. On April 22, 1975, according to the appellant, he had sent the bus to K. R. Nagar in Mysore District to fetch diesel as diesel was not available at K. R. Pet. On the way to K. R. Nagar, the driver o...
Tag this Judgment!Chief Commissioner (Adm.) and Another Vs. Mysore Minerals Ltd.
Court: Karnataka
Decided on: Jun-26-1991
Reported in: (1993)109CTR(Kar)250; [1992]197ITR572(KAR); [1992]197ITR572(Karn); [1993]68TAXMAN308(Kar)
K. Shivashankar Bhat, J.1. The following question has been referred for our consideration under section 256(10) of the Income-tax Act, 1961. 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in cancelling the interested levied under section 216 by following the decision of the Andhra Pradesh High Court inn Addl. CIT v. Vazir Sultan Tobacco Co. Ltd. : [1980]122ITR251(AP) ?' 2. The relevant assessment year is 1981-82. The assessee is M/s. Mysore Minerals Ltd. for the relevant year, it paid advance tax as follows : -----------------------------------------------------------------Date Income Advance tax Date ofestimated ------------------------ paymentestimated paid----------------------------------------------------------------Rs. Rs. Rs.---------------------------------------------------------------- 11-9-1980 60,00,000 35,47,500 11,82,500 15-9-198011-12-1980 1,00,00,000 59,12,500 47,30,000 28-12-198012-3-1981 1,30,21,000 76,98,666 17,86,...
Tag this Judgment!Commissioner of Income-tax Vs. Manjunatha Motor Service and Canara Pub ...
Court: Karnataka
Decided on: Jun-26-1991
Reported in: [1992]197ITR321(KAR); [1992]197ITR321(Karn)
K. Shivashankar Bhat, J. 1. The following question referred under section 256(1) of the Income-tax Act, 1961, requires to be answered by us : 'Whether, on the facts and in the circumstances of this case, the Tribunal was right in holding that no assessment on the association of persons could be validly made ?' 2. Under an agreement between two companies, Messrs. Manjunatha Motor Service and Canara Public Conveyance, Mangalore, the net profit earned by operating the buses in a particular route has to be shared between them. The Income-tax Officer made assessments on the two companies in the status of association of person as, in his view the arrangement was a joint venture. On appeal, the Appellate Assistant Commissioner cancelled the assessment relying upon several High Court decisions and also on the Board's circular bearing F. No. 75/191/62-TR(J), dated August 24, 1966. The Appellate Assistant Commissioner accepted the contention on behalf of the assessed in respect of their share or...
Tag this Judgment!Late Smt. K. Bhoomiamma (by Legal Representative) and Another Vs. Comm ...
Court: Karnataka
Decided on: Jun-26-1991
Reported in: (1991)98CTR(Kar)184; [1992]194ITR723(KAR); [1992]194ITR723(Karn)
K. Shivashankar Bhat, J.1. These are references under the provisions of section 256 of the Income-tax Act, 1961 ('the Act' for short). The common question referred to us reads thus :'Whether, on the facts and in the circumstances of the case, the Tribunal was competent in directing the Income-tax Officer to compute income as if it belonged to an association of persons and later on to distribute the same among the members even though there was no assessment made in the hands of the association of persons on the said income ?'2. The question pertains to the assessment year 1976-77. The undisputed facts are that one Gururaja Achar died intestate on February 9, 1969, and one of his assets left by him was a hotel premises including the hotel business. The assets were inherited by his two widows. The widows leased the business under which rents were received separately for the premises and for the use of other equipment. Subsequently, the entire business as such was leased in the year 1973 a...
Tag this Judgment!K.V. Thimmagowda Vs. Kamalamma and ors.
Court: Karnataka
Decided on: Jun-26-1991
Reported in: 1(1992)ACC477
M. Rama Jois, J.1. In these two appeals presented under Section 110-D of the Motor Vehicles Act (for short 'the Act) important question of law that arises for consideration is--Whether an insurance company is liable to pay compensation in respect of the injury to or death of a third party, caused by a motor accident by a motor vehicle, which is a stage carriage, while plying or being used lawfully otherwise than as a stage carriage, at a public place, even if such place does not lie on the route in respect of which it is permitted to operate as a stage carriage? 2. The brief facts of the case necessary for appreciating the question arising for consideration in these two appeals are: A bus bearing registration No. MYN-3257 belonging to the appellant was registered as a stage carriage. On 22.5.1975, according to the appellant, he had sent the bus to K.R. Nagar in My sore district to fetch diesel as diesel was not available at K.R. Pet. On the way to K.R. Nagar, the driver of the bus had ...
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