Karnataka Court November 2007 Judgments
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M. Prithviraj S/O Late Parvathamma N and ors. Vs. Smt. Leelamma N. W/O ...
Court: Karnataka
Decided on: Nov-16-2007
Reported in: ILR2009KAR3612; 2008(4)KCCR2333(DB)
H.N. Nagamohan Das, J.1. These two appeals are directed against the common judgment and decree dated 14.07.2003 in O.S. No. 305/2000 and O.S. No. 567/2001 passed by the Principal Civil Judge (Senior Division), Mysore, partly decreeing both the suits for partition.2. Subject matter in O.S. No. 305/2000 is immovable property bearing No. 1120, 1121, 1122, 1123 and 1452 situated at Vinoba Road, Shivaram Pet, Mysore and the subject matter in O.S. No. 567/2001 is property bearing No. 2011 situated at Seebaiah Road, Devaraj Mohalla, Mysore (hereinafter referred to as 'schedule properties'). Appellants are plaintiffs in O.S. No. 305/2000 and defendants Nos. 1 to 8 in O.S. No. 567/2001. The plaintiffs in O.S. No. 567/2001 are defendant Nos. 1, 2 and 4 in O.S. No. 305/2000. Defendant Nos. 3 and 5 in O.S. No. 305/2000 are purchasers of property situated at Vinoba Road, Shivaram pet, Mysore. Both the suits are for partition. In this judgment the parties are referred to by their status before the t...
Nityananda Auto Stores Vs. Birla Tyres
Court: Karnataka
Decided on: Nov-16-2007
Reported in: ILR2008KAR658; 2008(2)KarLJ558; 2008(1)KCCR211; 2008(2)AIRKarR373
V. Jagannathan, J.1. Heard the learned Counsel for the appellant on the question of maintainability of this appeal.2. Following the amendment brought to the Karnataka High Court Act, 1961, the Karnataka Small Cause Courts Act, 1964, and the Karnataka Civil Courts Act, 1964, by the Karnataka Act No. 26 of 2007, which has been published in the Gazette on 28.8.2007, the office has raised an objection with regard to the maintainability of this appeal as the value of the suit property is more than Rs. 1,00,000/-and as such, in view of the change in the pecuniary jurisdiction affected by the amending act, the office has opined that this appeal is not maintainable before this Court.3. The learned Counsel for the appellant Shri Vijay Krishna Bhat submitted that the office objection is not sustainable because once a suit is instituted, it also implies that all the rights of appeal then in force are preserved to the parties thereto till rest of the carrier of the suit and he further contended th...
Smt. Nagamma (Since Deceased by Lrs. S. Narayana Reddy S/O Dodda Munis ...
Court: Karnataka
Decided on: Nov-16-2007
Reported in: 2008(4)AIRKarR455; AIR2008NOC2348; 2008AIHC301(Kar)
V. Gopala Gowda, J.1. These appeals are directed against the common judgment and awards dated 30/11/2002 passed in LAC Nos. 263/1996, 264/1996, 265/1996, 266/1996, 267/1996, 171/1999, 257/1999 by the II Addl. City Civil Judge, Bangalore City, (hereinafter referred to as 'the Reference Court') fixing the market value at Rs. 3/- Lakhs per acre. The owners-claimants in M.F.A Nos. 2237/03, 2244/03, 2246/03, 2266/03, 2269/03 are tucking for entrancement of market value at Rs. 4,00,000/- per acre whereas the owners-claimants in M.F.A. No. 2343/03 and in M.F.A. No. 2245/03 are seeking enhancement of Rs. 4,70,000/- and Rs. 6,22,000/- per acre respectively over and above awarded by the Reference Court by re-determining the correct market value of their acquired land.2. The Spl.LAO also filed Appeals questioning the market value fixed by the Reference Court in all the above LAC references contending that the same is on the higher aide and seeks to set aside the same. Both the parties having aggr...
The Commissioner of Income Tax and the Income Tax Officer Vs. Mahakute ...
Court: Karnataka
Decided on: Nov-15-2007
Reported in: (2008)215CTR(Kar)262; ILR2008KAR1832; [2008]298ITR390(KAR); [2008]298ITR390(Karn); 2008(1)KCCR329; 2008(2)AIRKarR77
K.L. Manjunath, J.1. This appeal is by the revenue challenging the order of the Income Tax Appellate Tribunal, Panaji Bench in ITA 26/PNJ/2001 dt.23.11.01 raising the following substantial question of law:1) Whether the single Member of the Tribunal has jurisdiction to decide the appeal when the subject matter of the appeal was exceeding Rs. 5,00,000/-.2) Whether Tribunal was justified in reversing the findings of the appellate Commissioner when the assessee failed to discharge the burden of proof as required under Section 68 of the Income Tax Act?2. The assessee is a manufacturer of edible oil. For the assessment year 96-97 the assessee filed a return of income on 17.1.96 declaring an income Rs. 8,660/-. The same was processed under Section 143(1)(a) of the Income Act. Thereafter the matter was taken up for scrutiny. After scrutinizing the account maintained by the assessee, the Assessing Officer passed an order on 30th March 1999 computing the total income of Rs. 2,27,614/-.3. Being ...
Sri. P. Padmanabh S/O Papanna @ Dasegowda Vs. Syndicate Bank Limited, ...
Court: Karnataka
Decided on: Nov-15-2007
Reported in: AIR2008Kant42; III(2008)BC125; 2008(1)KarLJ153; 2008(1)KCCR466; 2008(2)AIRKarR19; 2008AIHC1609(Kar).
ORDERD.V. Shylendra Kumar, J.1. This revision petition under Section 18 of Small Causes Court Act is directed against the judgment and decree dated 9.7.2003 passed in S.C. No. 15054/2000 on the file of the XVII Additional Judge, Court of Small Causes, Mayo Hall Unit, Bangalore.2. The revision petition is by the defendant in the suit who has suffered a decree for payment of a sum of Rs. 17,133/- as claimed by the plaintiff with costs and current interest. The revision petitioner has urged inter alia that learned trial judge has failed to appreciate defence taken on behalf of the defendant; that the learned judge has not appreciated the evidence placed in support of the claim being not fully supportive of the suit claim; that the learned trial judge has wrongly applied the principles of law particularly in the context of Section 4 of Bankers Books of Evidence Act, 1891; that the judgment and decree is not tenable; that the revision petition is to be allowed and the suit should be dismiss...
Mrs. June Perrett Daughter of Late A.W.S. Barnard Represented by Her P ...
Court: Karnataka
Decided on: Nov-15-2007
Reported in: (2008)215CTR(Kar)267; [2008]298ITR268(KAR); [2008]298ITR268(Karn)
1. This appeal is by the assessee challenging the order passed by the Income Tax Officer Ward-1, Chickmagalur which has been affirmed by the Commissioner of Income Tax (Appeals), Bangalore and further affirmed by the Income Tax Appellate Tribunal, Bangalore Bench in ITA No. 678/Bang/99 on 5.3.2002.2. The assessee is one of the daughters of one A.W.S. Barnard. A.W.S. Barnard died leaving behind a Will appointing one Mrs. Elsie F. Barnard, Mr. Robin Alexander Barnard and Mr.David Barnard, as executors, who were all residents of United Kingdom. A.W.S. Barnard owned a residential house situated in Bangalore. As per the Will, the executors were required to obtain probate of the Will and thereafter sell the residential property and divide the sale proceeds and distribute the same to the three sons and a daughter of A.W.S. Barnard. After the death of A.W.S. Barnard, the executors filed probate proceedings and obtained the probate by paying a court fee of Rs. 1,23,000 towards letter of adminis...
i. Rudrayya S/O I. Annappayya and ors. Vs. State of Karnataka Rep. by ...
Court: Karnataka
Decided on: Nov-15-2007
Reported in: [2008(116)FLR971]; 2008(1)KarLJ541; 2008(1)AIRKarR577
ORDERN.K. Patil, J.1. The petitioners assailing the correctness of the impugned order dated 1.9.2004 bearing No. 128 PMC 2004, vide Annexure-A and further sought a direction directing the respondent to extend five stagnation increment benefits to the petitioners from 1.4.1996 instead of from 25.6.1998, presented the instant writ petition.2. The undisputed facts of the case is that earlier the petitioners herein have filed a writ petition No. 5377-97/2004, and the same had come up for consideration before this Court on 31.3.2004 wherein this Court had permitted the petitioners to file an appropriate representation within four weeks from the date of receipt of the copy of the order and directed the respondent - Government to consider the same in accordance with law and also in the light of the Judgment of the Supreme Court in the case of Haryana State Adhyapak Sangh and Ors. v. State of Haryana and Ors. reported in : AIR1990SC968 as expeditiously as possible but not later than four month...
Dr. Narayana K. Swamy S/O Shri K.S. Subramanyaswamy Vs. A. Nazir Ahame ...
Court: Karnataka
Decided on: Nov-14-2007
Reported in: 2009ACJ338; 2008(1)KarLJ397; 2008(1)AIRKarR389; AIR2008NOC836; 2008AIHC1377(Kar)
V. Jagannathan, J.1. These two appeals arise out of one and the same judgment rendered by the trial court in O.S. No. 7691/91. The appellants herein were the defendants 3 and 4 respectively before the trial court. The suit filed by the plaintiff claiming damages following the death of plaintiff's wife Smt. Khateeja Yasmeen on account of negligence of the appellants came to be allowed and the trial court awarded a compensation of Rs. 1,00,000/- and put the liability jointly and severally on the appellants.2. The facts briefly stated are to the effect that the plaintiffs who are the husband and minor children of deceased Khateeja Yasmeen filed the suit in question claiming compensation of Rs. 4,00,000/- on the ground that Khateeja Yasmeen died while she was under treatment in the third respondent's hospital and it is the case of the plaintiff that the deceased was taken to the hospital on 31.3.1988 with severe bursting headache and vomiting. The first plaintiff-husband was asked to get a...
The State of Karnataka Reptd. by Its Secretary, Revenue Department and ...
Court: Karnataka
Decided on: Nov-14-2007
Reported in: ILR2008KAR55; 2008(1)KarLJ318
V. Gopala Gowda, J.1. The correctness of the order dated 17/8/2004 passed by the learned single Judge rejecting the writ petition, is questioned in this appeal by the State of Karnataka and the Divisional Commissioner.2. The brief facts of the case are, by order dated 19/8/1961 the Government leased an extent of 35 acres of land in Sy. Nos. 39 and 40 of Addada village in Koppa Taluk in favour of deceased K.S. Ramadas the lessee for coffee cultivation with certain terms and conditions. On 28/4/1975 Saguvali Chit was issued to put him in possession of the land in respect of which leasehold rights was granted in favour of deceased K.S. Ramdas. Since coffee cultivation was not made within the stipulated period of five years, on 24/11/1997 as per the terms and condition of the grant order the lease of land was terminated and it was ordered to resume the land and to reserve the same for public purpose. The legal representatives of the grantee had challenged the termination order before the K...
V.N. Jartarghar and Bros., a Partnership Firm by Its Partner Sri Vishw ...
Court: Karnataka
Decided on: Nov-14-2007
Reported in: AIR2008Kar159; 2008(3)KCCR1809; 2008(4)AIRKarR145; 2008AIHC2902(Kar).
Ajit J. Gunjal, J.1. The defendants are the appellants. Plaintiffs are the respondents. The plaintiffs filed a suit for declaration and also for ejectment of the defendants from the suit schedule premises. The learned Trial Judge decreed the suit. On appeal by the defendants, the same is confirmed. Hence, this second appeal.2. The facts germane to the disposal of this appeal can be succinctly stated as follows:The plaintiffs are the absolute owners and landlords of the premises in question. Defendant No. 2 representing as a partner of defendant No. 1 took the suit premises on lease from plaintiffs' predecessors in title one Kanteppa Chanabasappa Noolvi. The plaintiffs claim that they have succeeded to his rights pursuant to a Will executed by him. The testator died on 03.04.1981. Pursuant to the Will, the plaintiffs' names are mutated in the CTS records in respect of the suit property. When the Win was executed, the plaintiffs were minors and were represented through their natural guar...
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