Karnataka Court July 1992 Judgments
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P.C. Sriramulu Vs. T.P. Sathyanarayan
Court: Karnataka
Decided on: Jul-28-1992
Reported in: ILR1992KAR2794
ORDERVasantha Kumar, J. 1. This Revision Petition is directed against the order dated 18-2-1992 in O.S.No. 572/87 wherein the trial Court has held that the suit document that is sought to be produced by the plaintiff as documentary evidence as being admissible as a promissory note. Defendants have raised an objection as to the admissibility of the document in question on the ground that the document as being insufficiently stamped in view of the specific recital in the document namely 'being value received'.2. The contention is that stamp of the value of twenty five paise has to be affixed for a receipt and requisite stamp of the value of twenty paise has to be affixed on the document in question as the value is Rs. 8,000/-. It is to be seen that stamp of the value of 40 paise has been affixed on the suit document, as such, it is contended that the document is insufficiently stamped by Five Paise since the document sought to be produced partakes the character of promissory note and a c...
Sri Koggu Alias Narayana Sheety Vs. 9th Land Tribunal and Others
Court: Karnataka
Decided on: Jul-27-1992
Reported in: AIR1993Kant73
1. At the stage of admission Sri Balakrishna Sastry has put in appearance on behalf of the third respondent who is the contesting respondent in this appeal. As far as respondents 1 and 2 are concerned they arethe statutory respondents for whom Sri Naik, learned Government Advocate takes notice.2. As the appeal lies in a narrow compass we are of the view that it can be heard and decided at this stage. Therefore, we have heard this appeal for final disposal itself.3. This appeal is preferred against the order dated I7th June 1992 passed by the learned single Judge in Writ PetitionNo. 5118 of 1992.4. In the Writ Petition the present appellant sought for quashing the order dated 28th Jan., 1992 passed by the IX Land Tribunal, Mangalore in No. LRT.5150/77-78. The Land Tribunal has sent the records for enquiry to the Tahsildar. The learned single Judge has held that the order of the Land Tribunal directing that the records be sent to the Tahsildar would have the effect of awaiting decision o...
Koggu Alias Narayana Shetty Vs. 9th Land Tribunal
Court: Karnataka
Decided on: Jul-27-1992
Reported in: ILR1992KAR2717; 1992(3)KarLJ653
K.A. Swami, Ag. C.J.1. At the stage of admission Sri Balakrishna Shastry has put in appearance on behalf of the third respondent who is the contesting respondent in this Appeal. As far as respondents 1 and 2 are concerned they are the statutory respondents for whom Sri Naik, learned Government Advocate takes notice.2. As the Appeal lies in a narrow compass we are of the view that it can be heard and decided at this stage. Therefore, we have heard this Appeal for final disposal itself.3. This Appeal is preferred against the order dated 17th June 1992 passed by the learned Single Judge in Writ Petition No. 5118 of 1992.4. In the Writ Petition the present appellant sought for quashing the order dated 28th January 1992 passed by the IX Land Tribunal, Mangalore in No. LRT.5150/77-78. The Land Tribunal has sent the records for enquiry to the Tahsildar. The learned Single Judge has held that the order of the Land Tribunal directing that the records be sent to the Tahsildar would have the effe...
Karnataka Pawn Brokers' Association (Regd.) and another Vs. State of K ...
Court: Karnataka
Decided on: Jul-24-1992
Reported in: ILR1992KAR2639
S. Rajendra Babu, J.1. In these two cases the first petitioner is the Karnataka Pawn Brokers' Association and the second petitioner is a firm engaged in pawn broker's business. They are calling in question the validity of a clarification issued by the Commissioner of Commercial Taxes. The clarification is to the following effect : '(i) Pawn broker is a dealer under the provisions of the Karnataka Sales Tax Act, 1957; and (ii) Pawn broker is liable to pay tax on the sale of unredeemed goods effected through auction if his annual turnover in such goods is not less than the minimum prescribed under section 5(5) of the Karnataka Sales Tax Act, 1957.' 2. It is contended on behalf of the petitioners that the State of Karnataka has enacted the Karnataka Pawn Brokers Act, 1961 (hereinafter referred to as 'the Act') which provides for the regulation and control of the business of pawn brokers in the State of Karnataka; that in regard to unredeemed pledged articles the pawn broker has an option...
Dr. M.V. Ramanna Vs. M.N. Nagappa
Court: Karnataka
Decided on: Jul-23-1992
Reported in: ILR1993KAR1514; 1992(3)KarLJ729
Mirdhe, J.1. This Regular First Appeal is filed by the appellant who was the defendant in the Court below under Section 96 C.P.C. against the judgment and decree dated 22.8.1984 passed by the II Additional City Civil Judge, Bangalore City, in O.S.No. 48 of 1982, decreeing the suit of the respondent for recovery of money.2. I have heard the learned Counsel for the appellant and the learned Counsel for the respondent fully and perused the records of the case.3. The respondent filed the suit against the appellant for recovery of a sum of Rs. 13,500/- on the ground that he is the owner of the premises bearing No. 141, 13th Main, 27th Cross, 3rd Block East, Jayanagar, Bangalore, which consists of ground floor and first floor and the appellant was a tenant under him in respect of the first floor of the premises since July 1975 on a monthly rent of Rs. 750/- exclusive of light and water charges and he paid the rents upto the end of February, 1980 and he vacated the premises on 19.8.1981 and h...
Sabanagouda Shivanagouda Goudar Vs. Special Land Acquisition Officer
Court: Karnataka
Decided on: Jul-22-1992
Reported in: ILR1993KAR349; 1992(4)KarLJ717
ORDERShivappa, J.1. The petitioners have sought for quashing the Orders bearing Nos. LAQ - CWD-188 dated 5.9.1988 (Annexure-C) and No. LAQ - CWD-145/88-89 dated 5.9.1988 (Annexure-D) and also for a mandamus directing the 1st respondent to pass an Award determining the amount of compensation on the basis of the Judgment and Award dated 18.2.1988 passed by the Addl. Civil Judge, Bagalkot in LAC. 958/1981.2. The relevant facts for determination of the questions involved in these Petitions are:A Preliminary Notification was published on 10.4.1975 under the Land Acquisition Act acquiring the lands and structures of Islampur village for the purpose of submergence coming under Narayanapur Reservoir. The declaration Under Section 6 was published on 5.2.1976. The award was passed on 15.3.1977. One other house property bearing VPC.No. 73 owned by one Sharanappa Mahantappa Ganiger was also acquired and on reference the compensation was enhanced and that Judgment and Award became final. The petiti...
State of Karnataka Vs. Ganapathy Raman
Court: Karnataka
Decided on: Jul-21-1992
Reported in: [1992]87STC329(Kar)
K. Shivashankar Bhat, J. 1. The State has approached this Court seeking revision of the order of the Appellate Tribunal, whereby, the Appellate Tribunal held that the respondent-dealer was not liable to any penalty under section 5(3-B) of the Karnataka Sales Tax Act, 1957 ('the Act', for short). The assessment years covered in these revision petitions are 1977-78 to 1982-83. 2. The respondent is a dealer in synthetic resin, bearing the trade names of 'Indamine' and 'Indamine Super'. One of the ingredients or the component part of these products is 'formaldehyde'. At the relevant points of time, the Act had the following provisions, which are relevant here : 'Section 5(3-A). Notwithstanding anything contained in sub-section (1) or sub-section (3), the tax payable by a dealer in respect of any sale of goods mentioned in the Second Schedule by such dealer to a registered dealer for use by the latter as component part of any other goods mentioned in that Schedule, which he intends to manuf...
Raichur District Rice Millers Association Vs. State of Karnataka
Court: Karnataka
Decided on: Jul-21-1992
Reported in: ILR1993KAR1171; 1992(3)KarLJ320
ORDERShivashankar Bhat, J.1. Petitioners question the target fixed by the State Government to collect the levy rice during the year 1991-92 kariff season, in respect of Raichur District. There are also other prayers which need not be repeated here.2. By virtue of Section 3 of the Essential Commodities Act, Karnataka Procurement (Levy) Order 1984 was promulgated; (herein referred to as 'the Levy Order'). Relevant Clauses of this Levy Order are:'3. MILLER TO SELL RiCE: (1) Every Miller shall sell everyday beginning with the date of 'commencement of this order to the State Government or the purchase agent at the purchase price fifty per cent of the total quantity of rice conforming to specifications obtained by milling paddy by him in his Rice Mill everyday. (2) The rice required to be sold to the State Government or the purchase agent under Sub-clause (1) shall be delivered by the miller to the purchase agent or to such other persons as may be authorised by the State Government or the pu...
State of Karnataka Vs. Tarur Education Society
Court: Karnataka
Decided on: Jul-21-1992
Reported in: ILR1992KAR2415
K.A. Swami, Ag. C.J.1. This Writ Appeal is preferred against the Order dated 6th August 1991 passed in Writ Petition No. 26362 of 1990. The Writ Petition has been allowed and a direction has been issued to the State Government to grant permission to shift the petitioner- Institution from Tumkur District to Belgaum District.2. Petitioner in the Writ Petition is the respondent in this Writ Appeal. It was running a Physical Education Training College at Tarur in Tumkur District. It sought for permission to shift the said Institution to Harugeri in Belgaum District. The application was not considered by the State Government. Therefore, the respondent approached this Court in Writ Petition No. 7614 of 1990. This Court by the order dated 10th July 1990 directed the State Government to consider the application of the respondent for shifting the College from Tarur in Tumkur District to Harugeri in Belgaum District as expeditiously as possible and not later than one month from the date of the o...
K.M. Muniswamy Reddy Vs. State of Karnataka
Court: Karnataka
Decided on: Jul-21-1992
Reported in: ILR1992KAR2543; 1992(3)KarLJ301
ORDER NO. 1059 - Effect & Purport - Order has statutory force made by Inspector General of Police under Section 21 of Karnataka Police Act, 1963 - Procedure to make entry - No disclosure of name entered in Register - No authorisation to take photographs, but, if available to be used intra-departmentally nor identification only - No restriction on movements for intrusion into privacy - Close watch of movements only for maintenance of public peace and tranquillity - Administrative in character, confidential in nature, entry subject to judicial scrutiny.Held: A perusal of the Karnataka Police Act, 1963 would show that Order No. 1059 has a statutory source... Order No. 1059 was made by the Inspector General of Police and it is clearly authorised by Section 21.... The detailed provisions of the Order indicate that the entry in the Register of Rowdies is to be made based on relevant material/information available with the Police and prior orders of the Superintendent of Police or the Sub-Div...
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