Karnataka Court July 1998 Judgments
Mrs. Ida May Irish Vs. M.C. Sathyanarayana
Court: Karnataka
Decided on: Jul-21-1998
Reported in: 1998(5)KarLJ134
ORDER1. In this revision petition, the petitioner has called in question the correctness of the order dated 8th of December, 1995 made in H.R.C.No. 10320 of 1993 by the Court of Small Causes Judge at Mayo Hall, Bangalore, rejecting the claim of the petitioner-landlady for eviction of the respondent-tenant under Section 21(1)(h) of the Karnataka Rent Control Act, 1961 (hereinafter referred to as 'the Act').2. A few facts which may be necessary for the disposal of this revision petition, may be briefly stated as follows: (a) The petitioner sought eviction of the respondent on the ground that the petition schedule premises is reasonably and bona fide required by her for the purpose of accommodation for her daughter and her son-in-law and their two sons. The petitioner is residing in a house, which is described as an outhouse, which is located on the rear side of the petition schedule premises, along with her sister-in-law, who is a spinster. The accommodation available with the petitioner...
Tag this Judgment!Ningamma and Others Vs. Puttaswamy Gowda (Deceased) by L.Rs and Others
Court: Karnataka
Decided on: Jul-20-1998
Reported in: 1999(1)KarLJ283
ORDER1. This revision by the legal representatives of the deceased judgment debtor Nagaiah is directed against the order dated 14-10-1992 of the executing Court viz., the Court of the Civil Judge, Junior Division, made in Ex. Case No. 22 of 1978 rejecting their two applications one made pleading that the judgment-debtor was a person of unsound mind: and another was filed raising the plea that he was a debtor under the Karnataka Debt Relief Act, 1980 and therefore his liability under the decree in execution stood discharged. 2. The course of litigation between the parties could be stated as under. Respondent Puttaswamy Gowda, since deceased, was the decree-holder in Execution Case No. 22 of 1978 pending on the file of the Court below. He had obtained a money decree in O.S. No. 87 of 1976 against the deceased judgment debtor Nagaiah. Who was defendant in the said suit and was represented by a Counsel named H.S. Ramaswamy of the local Bar. It was a money suit. It ended in a compromise dec...
Tag this Judgment!The Special Land Acquisition Officer for Railways, Ramanagaram Vs. Ram ...
Court: Karnataka
Decided on: Jul-20-1998
Reported in: 1998(5)KarLJ444
ORDER1. The petitioner-judgment-debtor is the Special Land Acquisition Officer for the Railways. The first respondent is the decree-holder-claimant. The second respondent is the Karnataka Industrial Areas Development Board. The Land was acquired by the petitioner for the benefit of the second respondent.2. The learned Civil Judge, Ramanagaram, in L.A.C. No. 9 of 1981 passed a decree in favour of the first respondent-claimant holding that the claimant is entitled to Rs. 10,000/- per acre as compensation and further solatium of 30% of the market value. The learned Civil Judge also held that the claimant was entitled to the additional compensation under Section 23(1-A) of the Land Acquisition Act on the amount awarded at the rate of 12% per annum from the date of the preliminary notification till the date of the award. The learned Civil Judge also held that if the possession is taken earlier to preliminary notification the amount so awarded shall carry interest at 9% per annum from the da...
Tag this Judgment!K. Thomas Vs. Corporation of the City Bangalore
Court: Karnataka
Decided on: Jul-20-1998
Reported in: 1998(5)KarLJ646
ORDER1. The petitioner has filed this petition against the appellate order dated 15-12-1993 by which he was directed to pay the municipal taxes from 1-4-1988 to the tune of Rs. 1,90,000/- on the income of Rs. 3,80,000/- and Rs. 2,00,000/-.2. Number of contentions have been raised by the learned Counsel for the petitioner are factually disputed and could be agitated before the District Judge to whom the second appeal lies under Rule 20(a) of the Taxation Rules under Schedule III of the Karnataka Municipal Corporations Act, 1976. It is contended by the learned Counsel for the petitioner that the provisions of Rule 20(a) of the Rules require payment of tax before filing the appeal. Provisions of Rule 20(a) are as under.-- '20. (a) An appeal shall lie to the District Court, having jurisdiction against any decision of the Taxation Appeals Committee constituted under Rule 18 or any order of the Divisional Commissioner under Rule 19 but no such appeal shall be heard by the said Court, unless ...
Tag this Judgment!BhupendrA. A. Mehta Vs. the Asst. Commissioner of Commercial Taxes
Court: Karnataka
Decided on: Jul-20-1998
Reported in: 1999(1)ALD(Cri)141; 1999CriLJ886; ILR1998KAR3016
ORDERG. Patri Basavana Goud, J.1. Petitioner, who is common in all these revision petitions, has been convicted by the learned Special JMFC (Sales Tax), Bangalore of an offence punishable under Section 29(1)(b) of the Karnataka Sales Tax Act, 1957 ('Act' for short) and is sentenced in each case to a fine of Rs. 500/-. In appeal, learned Sessions Judge, while affirming conviction, modified the sentence to one of fine of Rs.250/ - in each case. Petitioner has now approached this Court under Section 397 Cr.P.C.2. The case of the prosecution is that there was failure on the part of the petitioner in submitting the returns in Form No. 3 for the period from April 1992 to October 1994. That is how, for each month, a separate case came to be filed, all the said cases, namely from C.C. Nos. 1 to 31 of 1995, having been disposed of by the learned Magistrate by a common judgment and order dated 23-11-1995, the Criminal Appeals concerned by a common judgment and order dated 26-4-1996 by the learne...
Tag this Judgment!Jindappa and Another Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Jul-18-1998
Reported in: ILR1999KAR339; 1999(2)KarLJ634
ORDER1. The petitioners are the members of the 4th respondent-Bank. An election was held to the Committee of Management in 1993. That was for a period of three years. After the period of three years was over, the Government appointed a Special Officer, respondent 3 was the Special Officer for more than one year. The Administrator was looking after the Bank affairs, Totally 9 members were to be elected as Directors for respondent-Bank. One person has to be elected from each of the Constituency i.e., Kalamala, Devasugur, Yapaladinni, Yeragera, Gilesugur and Matamari. One seat was reserved for a lady candidate from Raichur Hobli and one for SC/ST person from Chandrabanda Hobli and another person from non-borrowers members from Raichur Taluka. So, totally 9 members were to be elected.2. The Deputy Registrar of Co-operative Societies, passed an order on 19-9-1997 to hold election to the Committee of Management of respondent 4 for the period 1997 to 2000. Respondent 2 was appointed as Specia...
Tag this Judgment!Smt. Malamma Vs. Doddegowda and Another
Court: Karnataka
Decided on: Jul-18-1998
Reported in: 1999(3)KarLJ640
ORDER1. This revision under Section 115, Civil Procedure Code arises from the judgment and order dated 21-3-1994 on an application under Section 151, Civil Procedure Code passed by the Munsiff at Channarayapatna. The 3rd defendant namely the present respondent 1 filed the application under Section 151 before the Civil Court in the matter of partition suit namely Original Suit No. 5 of 1967 in which a preliminary decree had been passed on 30-10-1972 and in which final decree had been passed on31-10-1987. The respondent 1 urged that in the preliminary decree, a direction had been issued that so far as Sy. No. 29/9 measuring 2.27 guntas is concerned, respondent had been the bona fide purchaser for value by virtue of sale deed dated 26-12-1966 and therefore that land be allotted in favour of the vendor of the land who sold that land to respondent 1. He submitted that the Deputy Commissioner to whom the decree had been sent for effecting the partition of Plot No. 29/9 has not allotted to hi...
Tag this Judgment!B.V. Raghunanda Gupta Vs. the University of Agricultural Sceinces, Ban ...
Court: Karnataka
Decided on: Jul-18-1998
Reported in: 1998(5)KarLJ533
ORDER1. In this petition for a writ of certiorari, the petitioner calls in question the validity of an order passed by the respondent-University cancelling the petitioner's admission to B.Sc. Agriculture on the ground of concealment and suppression of material facts. The controversy arises in the following circumstances. 2. The petitioner applied for admission to B. Sc. Agriculture course in respondent-University for the academic year 1993-94. The application submitted in the prescribed form claimed that the petitioner was an agriculturist entitled to the benefit of reservation made for the students falling in that category. A certificate issued by the petitioner's father and countersigned by the Tahsildar of the taluk concerned declared that the petitioner's income from agricultural pursuits was his main source of income assessed at Rs. 8,000/- p.a. The petitioner was accordingly considered for admission against the 25% vacancies reserved for agriculturists in terms of Government orde...
Tag this Judgment!H.K. Muralidhara Murthy Vs. M/S. Hindustan Aeronautices Limited, Banga ...
Court: Karnataka
Decided on: Jul-18-1998
Reported in: ILR1999KAR2915; 1998(5)KarLJ641
ORDER1. The petitioner is employed as a Senior Personnel Secretary (Group-F) in the respondent-Hindustan Aeronautics Limited (in short 'the Company'). He has approached this Court for the purpose of directing the respondents to consider him eligible for selection to the post of Assistant Personnel Officer as per Administrative Notice No. 21 dated 27-6-1998 (Annexure-B1) and thereby permit him to sit for the written test scheduled for 19-7-1998. Under Administrative Notice No. 21 the requisite qualifications for recruitment to the post of Assistant Personnel Officer/Assistant Administrative Officer (Grade-I) has been prescribed to the following effect: 'University Degree with a Post-graduate Degree/Diploma (of at least one year's duration)/MBA/MA/MSW in PM/IR from recognised Universities/Institutions'.2. According to the petitioner he, apart from holding a B.Com. degree, has acquired an additional qualification of Post-graduate Diploma in Administrative Law and Labour Law which is evide...
Tag this Judgment!M. Krishnappa Vs. Smt. Lakshmamma and Others
Court: Karnataka
Decided on: Jul-18-1998
Reported in: ILR1998KAR3005; 1998(6)KarLJ656
1. This appeal under Section 96 of the Code of Civil Procedure by the second defendant is against an observation/finding in the judgment dated 29-10-1995 in O.S. No. 4819 of 1986 on the file of the II Additional City Civil Judge, Bangalore City. Respondents 1 to 5 in the appeal are the plaintiffs 1 and 2 and defendants 1, 3 and 4 respectively.2. Heard the learned Counsel for the appellant and respondents 1 and 2. This appeal arises this way.-Plaintiffs at the first instance sought for permanent injunction against respondents 1 to 4 in respect of a portion of the land in Sy. No. 2/5 of Bommasandra Village, Yelahanka Hobli, Bangalore North Taluk measuring 175 feet East to West and 60 feet North to South including certain foundation, Ashwathakatte, Banyan tree in the said land. However during the pendency of the suit, they sought for declaration of their title to the property by way of an amendment. The second defendant resisted the suit contending inter alia that the said property did no...
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