Karnataka Court February 2002 Judgments
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Cwt Vs. B. Abdulla Kunhi
Court: Karnataka
Decided on: Feb-07-2002
Reported in: [2002]124TAXMAN157(Kar)
ORDERSreedhar Rao, J. The respondent-assesses is a partner of a partnership firm-Rehaman Saw Mills having one-third share in the partnership. The partnership was dissolved by an agreement dated 30-9-1976. Total assets of the firm were valued at Rs. 40 lakhs. The respondent-assesses for the assessment year 1977-78 declared only one-third of the value of the estate to the extent of his share in the partnership firm. The appellate authority exercising the powers under section 35 of the Wealth Tax Act, revised the assessment orders and assessed the net value of the estate of the firm to an extent of 40 lakhs as liable for assessment.2. It was a disputed contention whether the assessee had become full owner of the assets of the firm when dissolution took place on the last date of the valuation date, i.e., 30-9-1976. It was the contention of the assessee that he has become full owner of the assets of the partnership firm only after the expiry of the valuation date, i.e., 30-9-1976. The appel...
M.T. Mariswamy Gowda and ors. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Feb-06-2002
Reported in: ILR2002KAR1314; 2002(2)KarLJ322
ORDERN.K. Jain, C.J. 1. One M.T. Mariswamy Gowda and nine others have filed this PIT, staring that the Indian Red Cross Society ('Society' for short) is a Society created by the IRCS Act, 1920 ('Act' for short). It has been constituted to achieve the noble goal of serving the sick, wounded and other people in need of medical and nursing care. It is stated that the petitioners are life members of the Society. It is stated that the third respondent has invited tenders as per Annexure-C, dated 4th December, 2000 to develop the plot bearing No. 26, Race Course Road, Bangalore, on lease basisand that on account of high-handedness of the Managing Body and in an arbitrary manner the property is being alienated to a private party causing enormous loss to the Society. It is further stated that pursuant to the tender, four tenderers were called but without giving opportunity to the other three tenderers for negotiation, the 3rd respondent has granted lease in favour of 4th respondent for a perio...
JaIn Cloth Stores Vs. M. Kewalchand (Deceased) by L.Rs
Court: Karnataka
Decided on: Feb-06-2002
Reported in: ILR2002KAR1694; 2003(2)KarLJ276
ORDERV. Gopala Gowda, J.1. This revision petition under Section 50(1) of the Karnataka Rent Control Act, 1961 (hereinafter referred to as 'the repealed Act'), is filed by the tenant against the order of eviction dated 27-6-1997 passed by the Small Causes Court in H.R.C. No. 4351 of 1980.2. The deceased respondent was the landlord and petitioner was the tenant in the Trial Court. The respondents herein are the legal heirs of deceased landlord. For the sake of convenience, the rank of the parties is referred to as 'landlord' and 'tenant' respectively.3. The brief facts of the case are, the landlord filed petition in H.R.C. No. 4351 of 1980 under Section 21(1)(a) and (h) of the repealed Act seeking eviction of the tenant on the ground that the tenant is in arrears of rent and that the landlord requires the petition schedule premises for his bona fide use and occupation. The tenant resisted the eviction petition denying the claim of the landlord and the jural relationship and taking variou...
State of Karnataka Vs. Smt. Neelawwa
Court: Karnataka
Decided on: Feb-06-2002
Reported in: 2002CriLJ3981; 2003(2)KarLJ511
M.F. Saldanha, J.1. This is one more unfortunate case where the allegation is of wife burning but unlike all the other prosecutions, the accused before us is the mother-in-law of the deceased Parawwa. The case raises a slightly different aspect of the law with regard to the appreciation of a dying declaration as we shall presently point out, but the prosecution had alleged that Parawwa was married on 8-6-1991 to Gangappa and there is the usual allegation that a certain amount of cash and gold by way of dowry had changed hands. The incident in question took place on 13-3-1992 i.e., about nine months after the couple were married and it is alleged that the accused who is the mother-in-law and her two daughters were repeatedly harassing and torturing Parawwa as they were demanding another amount of Rs. 10,000/- and four tolas of gold by way of further dowry. On 13-3-1992 a commotion took place at the house at about 5 A.M. and the neighbours and other persons rushed there only to find that...
D. Chandrashekar Vs. Chairman-cum-managing Director, Karnataka Power T ...
Court: Karnataka
Decided on: Feb-05-2002
Reported in: II(2002)ACC307; 2002ACJ2014; AIR2002Kant205; 2002(2)KarLJ525
ORDERChandrashekaraiah, J.1. The petitioner has filed this writ petition seeking for a direction to the respondents to pay a compensation of Rs. 10,00,000/- in respect of the injuries suffered by the petitioner's son Jayanth due to electrocution which occurred on 2-12-2000.2. The facts in this case are, the petitioners son by name Jayanth who is studying in the 5th Standard at Mohana Education Society, Bangalore, went to his friend's house on 2-12-2000 and while he and his friend were playing on the terrace of the building, he came in contact with a high tension wire, thereby got electrocuted. Consequent on this, the boy has suffered very serious injuries on different parts of the body. The injuries suffered by the boy are, the damage to the abdomen valve resulting in leaving a hole in the stomach and amputation of both the arms. It is further stated that the skin grafting has been done on the stomach by removing the skin from the thigh. Along with the writ petition, the petitioner has...
Mrs. Devaki and anr. Vs. Mrs. Lingamma
Court: Karnataka
Decided on: Feb-05-2002
Reported in: ILR2002KAR2125; 2002(3)KarLJ77
B. Padmaraj, J.1. Heard the arguments of the learned Counsel for the appellants as well as the learned Counsel for the respondent and carefully perused the entire case papers including the impugned judgment and decree made by the Trial Court, with their assistance. 2. The appellants herein were the defendants 1 and 2 respectively before the Trial Court and the respondent herein, was the plaintiff. On being aggrieved by the judgment and decree dated 25-8-1997 of the Trial Court, the appellants-defendants have preferred this appeal. 3. The respondent-plaintiff filed the suit before the Trial Court against the appellants for partition of plaint 'A' schedule property into 3 equal shares by metes and bounds and with reference to convenience of enjoyment and allot and deliver 2/3rd share to the plaintiff. 4. The case of the plaintiff before the Trial Court was that the suit property was owned by Sri Pudu, the father of the plaintiff and defendant 1 and that the mother of the plaintiff and th...
Smt. L. Saroja Vs. Bangalore Development Authority and anr.
Court: Karnataka
Decided on: Feb-05-2002
Reported in: ILR2002KAR1624; 2002(3)KarLJ443
ORDERA.M. Farooq, J.1. The petitioner in this writ petition has prayed for a writ to declare that Sub-rule (9) of Rule 13 of the Bangalore Development Authority (Allotment of Sites) Rules, 1984 (hereinafter referred to as 'the Rules') insofar as the same relates to forfeiture of sital value which was deposited by the petitioner as ultra vires of the Constitution of India and to strike down the same and further for a direction to the first respondent-BDA to refund the entire sital value recovered from her for the cancelled allotment along with interest at 8% per annum from the date of receipt till the date of repayment.2. Brief facts of the case are that the petitioner, an elderly lady, had applied for allotment of a site in response to a notification issued by the first respondent. On her application dated 29-8-1997, a site bearing No. 341 situated at II Block, 8th Phase, J.P. Nagar was directed to be allotted to her on a sale price of Rs. 2, 90,000/-, that thereafter the petitioner as...
M.P. Lakshman Vs. Appropriate Authority and ors. (No. 1)
Court: Karnataka
Decided on: Feb-05-2002
Reported in: [2003]262ITR223(KAR); [2003]262ITR223(Karn)
A.M. Farooq, J. 1. The petitioner is an agreement holder and he negotiated to purchase a property with the fourth respondent who was the owner of site No. 48 situated at 1st A Cross, R.M.V. Extension, Bangalore, which measured 45' x 60' for a consideration of Rs. 16,20,000. Under the provisions of Chapter XX-C of the Income-tax Act, Form No. 37-I was filed on April 9, 1991, by the parties before the appropriate authority and the appropriate authority on considering the application and finding that the value of the property was below the market value by 15 per cent. proceeded to pass an order of preemptive purchase which is now challenged by the petitioner.2. In the writ petition, the petitioner has questioned the constitutional validity of the provisions of Chapter XX-C of the Act and sought for quashing of the impugned order issued by the authorities dated June 13, 1991, as per annexure C. It is pertinent to state here itself that the constitutional validity of the provisions question...
M.P. Lakshman Vs. Appropriate Authority and ors.
Court: Karnataka
Decided on: Feb-05-2002
Reported in: (2003)180CTR(Kar)544
ORDERA.M. Farooq, J. 1. The petitioner is an agreement-holder and he negotiated to purchase a property with the 4th respondent who was the owner of site No. 48 situated at 1st A cross, RMV Extension, Bangalore, which measured 45' x 60' for a consideration of Rs. 16,20,000, Under the provisions of Chapter XX-C of the IT Act, Form No. 37-1 was filed on 9th April, 1991, by the parties before the appropriate authority and the appropriate authority on considering the application and finding that the value of the property was below the market value by 15 per cent proceeded to pass an order of pre-emptive purchase which is now challenged by the petitioner.2. In the writ petition, the petitioner has questioned the constitutional validity of the provisions of Chapter XX-C of the Act and sought for quashing of the impugned order issued by the authorities dt. 13th June, 1991, as per Annexure-C, It is pertinent to state here itself that the constitutional validity of the provisions questioned by t...
Smt. Ratnavva and ors. Vs. State by Betageri Police
Court: Karnataka
Decided on: Feb-01-2002
Reported in: II(2002)DMC42; 2002(2)KarLJ188
ORDERH.N. Narayan, J.1. These two revisions are directed against the order dated 19-9-2000 passed by the III Additional Sessions Judge, Dharwad, discharging A-3 for the offences punishable under Sections 498-A, 302, 201, 202 read with 34 of the IPC and proceeding to frame charges against A-1, A-2 and A-4 for the said offences. While the State has filed Cri. R.P. No. 1077 of 2000 against the order of discharge of A-3, A-1, A-2 and A-4 have filed Cri. R.P. No. 520 of 2001 tor framing charges against them.2. Certain undisputed facts are that A-1 is the mother-in-law of the deceased Surekha while A-2 and A-3 are her sister-in-laws and A-4 is her husband. The father of the deceased is an Advocate at Huvinahadagli and she was given in marriage to A-4 while A-3, Uma was married to the cousin of the victim. Since differences arose between the accused family and the uncle of the victim, A-3 came to reside with her mother and brother and it appears that trouble started to the victim thereafter. ...
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