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Court : Karnataka
Decided on : Mar-12-1975
Reported in : 1975CriLJ1708
M.S. Nesargi, J.1. This appeal by the State is directed against the judgment of acquittal passed by the Sessions Judge, S.K. Mangalore in Criminal Appeal No. 75 of 1973 acquitting the respondent who was the appellant therein of the offence punishable under Section 13 read with Section 32(1) of the Karnataka Excise Act, 1965 (hereinafter referred to as the 'Act').2. The respondent-accused was prosecuted for having committed the said offence in C. C. No. 1095 of 1972 on the file of the Additional Munsiff-cum-I Class Magistrate, Udipi, South Kanara. He was convicted and sentenced. He preferred Cr. A. No. 75 of 1973 before the Sessions Judge, S.K. Mangalore wherein he was acquitted. He will be, in the course of this judgment, referred to as the accused.3. The prosecution case is that at about 3.45 P. M. on 7-9-1972, P.W. 3 K. A. Kariappa, the Excise Inspector accompanied by his staff and panchas including P.W. 2 Sridhar, raided the house bearing No. 1-27, situated in Kodavoor village, belo...
Tag this Judgment!Court : Karnataka
Decided on : Aug-18-1975
Reported in : AIR1976Kant1; ILR1976KAR75; 1975(2)KarLJ312
B. Venkataswami, J.1. This appeal is by a Co-operative Society against an order of Jagannatha Shetty, J. in W. P. No. 6344 of 1974 (Kant) whereby a writ in the nature of certiorari had been issued, quashing the order of rejection of the nomination of the petitioner by the Society with a further direction to accept the same and proceed with the election to the Board of Directors of the Society.2. The facts briefly, are as follows:In connection with the election to the Board of Directors of the Ideal Homes Co-operative Building Society (for convenience, referred to as 'Society'), the respondent herein had submitted his nomination. On an objection by a member, by name Vedavalli, to the effect that the respondent had directly or indirectly an interest in a contract between the Society and a firm by name Bangalore Builders Private Ltd., of which he was the Managing Director, and also on account of a pending litigation between the said firm of builders and the Society, his nomination Stood r...
Tag this Judgment!Court : Karnataka
Decided on : Jan-16-1975
Reported in : 1975(2)KarLJ12
1. This appeal under Order 43, Rule 1, Civil Procedure Code isby judgment-debtors 2, 6, 9 and 11 in Ex. Case No. 516yi971 on the file of the Principal Civil Judge, Shimoga, and directed against an order made on I. A. No. 10, preferred under Rule 90, of Order 21, Civil Procedure Code, refusing to set aside a court sale of certain agricultural lands belonging to them.2. The grounds on which the sale was questioned were: (1) there was collusion between decree-holder and the Amin as a result of which a wholly inadequate price was fetched by the sale and also that the auction purchaser was none other than a clerk in a 'Mandi' belonging to the relative of the decree-holder; (2) the sale was not held between the hours of 11 A. M. to 5 P. M.: (3) there was no proper publication of sale proclamation; (4t the sale was conducted at the village panchayat hall and not at the spot; (5) the execution could not proceed on account of a stay order issued by this court which was operative during the peri...
Tag this Judgment!Court : Karnataka
Decided on : Feb-21-1975
Reported in : 1975CriLJ1761
ORDERD. Noronha, J.1. The Government of Mysore (now Karnataka) in order No. HD 544 SST 72. dated 31-1-1973. Authorised the Chief Secretary to sanction the lodging of a complaint on behalf of Sri B. Basavalingappa, then Minister for Municipal Administration and Housing. The Chief Secretary to Government acting under Section 198B (3) (b) of the Code of Criminal Procedure, 1898 (hereinafter referred to as the Code), and purporting to take all the facts and circumstances into consideration, accorded sanction to the Public Prosecutors of three districts, viz., Gulbarga, Bangalore and Bijapur, to file a complaint for an offence under Section 500, Indian P. C. against the various persons arrayed as the accused, to vindicate the honour and character of the Honourable Minister. Each of the three Public Prosecutors did so before the respective Sessions Judges as per Section 198-B of the Code.2. In Criminal Case No. 16/73 before the Sessions Court, Gulbarea, there were thirty-two accused. In Crim...
Tag this Judgment!Court : Karnataka
Decided on : Jul-25-1975
Reported in : 1976CriLJ154
ORDERD. Noronha, J.1. Sessions Case No. 5 at 1974 before the Sessions Judge, Mandya, has given rise to Criminal Appeal No. 3W of 1974 with Criminal Referred Case No. 53 of 1974, and Sessions Case No. 2 of 1974 has given rise to Criminal Appeal No. 396 of M74. The two Sessions Cases relate to the same occurrence and were rightly treated by the learned Sessions Judge, as cross or counter cases. He followed the Prescribed method of trying the earlier case viz., S. C- No. 5 of 1974 to its conclusion, and then the second case viz.. S. C- No. 2 of 1974 was taken, up and also tried to its conclusion. After hearing arguments in both the cases, the learned Sessions Judge pronounced judgments in them simultaneously and disposed them. of. The procedure followed by him conforms to the settled position of law.2. My learned brother and I have u followed precisely the same procedure. In Criminal Appeal No. 399 of 1974, which goes along with Cri. Referred Case No. 53 of 1974, arguments were addressed ...
Tag this Judgment!Court : Karnataka
Decided on : Jan-20-1975
Reported in : [1980]121ITR871(KAR); [1980]121ITR871(Karn)
Srinivasa Iyengar, J.1. This is an appeal by the TRO of the I.T. department against the order of Jagannatha Shetty J. in Writ Petition No. 1863 of 1971 (P. Balchand v. TRO : [1974]95ITR321(KAR) ), by which a writ of mandamus was issued to the TRO to forbear from recovering tax from the respondent, Balchand, on the basis of the certificate issued by the ITO (Collection), Circle-1, Bangalore. 2. The respondent, Balchand, was a partner of a firm, Hindusthan Jewellery Mart, till November 13, 1966. For the assessment year 1967-68, an assessment was made in the name of the firm on February 12, 1968. The assessment was in the status of an unregistered firm. 3. The said firm was dissolved and the respondent became a partner of another firm, Hindusthan Drug House, on and after November 13, 1966. The notice of demand had been issued in the name of the firm. 4. On March 30, 1969, the ITO (Collection), Circle-1, Bangalore, issued a certificate under s. 222 of the Income-tax Act, 1961 (hereinafter ...
Tag this Judgment!Court : Karnataka
Decided on : Sep-24-1975
Reported in : AIR1976Kant94; ILR1976KAR143; 1975(2)KarLJ441
ORDER1. This revision petition arises out of an order of the District Judge, Shimoga, in the Probate Proceedings, whereby he permitted a party who had earlier consented to the grant of probate, to contest the same.2. The matter arises in this way: One Lingappa was a leading Advocate in the local Bar in Shimoga City. He died on 26th November, 1972, leaving behind his wife, two sons and three daughters, The sons claimed the entire properties of the deceased on the basis of a will dated 20th November, 1972 said to have been executed by their father in their favor. The sons made a petition under Section 276 of the Indian Succession Act (shortly called 'the Act') praying for the grant of probate of the said Will. On 11th Sept. 1973, their mother and two sisters filed a written statement admitting the execution of the Will and consenting for the grant of probate as prayed for. But the remaining three sisters had a different story to tell. They filed an objection statement denying the executi...
Tag this Judgment!Court : Karnataka
Decided on : Jul-03-1975
Reported in : [1977]106ITR399(KAR); [1977]106ITR399(Karn)
Srinivasa Iyengar, J.1. These appeals are against the common judgment in W. Ps. Nos. 3447, 3448 and 3578 of 1973 and 1121, 2551 and 2552 of 1974, dated 13th September, 1974, by which the notices issued under sections 8/16 of the Companies (Profits) Surtax Act, 1964 (hereinafter referred to as 'the Act') by the appellants, were quashed. The facts and circumstances in which the notices had been issued being the same in all the cases, it is sufficient to state the facts relating to W. P. No. 3578 of 1973. 2. M/s. Stumpp. Schuele & Somappa Private Ltd. is a company registered under the Companies Act, 1956, and an assessee under the Act. For the assessment year 1971-72 (previous year ending December 31, 1970), assessment was made under the Income-tax Act, 1961, after the enquiry of December 31, 1971, on a total income of Rs. 26,16,490. Based on this assessment, surtax was computed on December 13, 1971. The Income-tax Officer modified the income-tax assessment by an order dated September 12,...
Tag this Judgment!Court : Karnataka
Decided on : Mar-27-1975
Reported in : AIR1975Kant225; 1975(2)KarLJ316
1. The appellant is the decree-holder and the respondent is the judgment-debtor. The decree-holder obtained an order in H. R. C. 30/68 for possession of the premises in the occupation of the judgment-debtor and filed execution 448/73 in the Court of the Principal Munsiff, Civil Station, Bangalore, for delivery of possession. The judgment-debtor contended that the order is inexecutable. The Execution Court Over-ruled the objections of the judgment-debtor and allowed the application of the decree-holder praying for permission to break open the lock with police help. Thereupon, the judgment-debtor filed Execution Appeal No. 11/73 in the Court of the Civil Judge, Civil Station, Bangalore. The lower appellate court upheld the objections of the judgment-debtor and held that the order of eviction is inexecutable. It also held that there is a waiver on the part of the decree-holder and that therefore she could not execute the order of eviction. It accordingly allowed the appeal and dismissed t...
Tag this Judgment!Court : Karnataka
Decided on : Nov-03-1975
Reported in : 1976(1)KarLJ7
Honniah, J.1. On May 13, 1970 at 7-30 A. M. a group of children were standing on the eastern footpath in D. Subbaiah road in Mysore City. Of them Srinivasa, aged about 6 years, was standing on the road close to the foot-path. Then lorry bearing No.MYX 5628 came from Chamaraja Double Road, which was running South to North and took a turn to D. Subbaiah road, proceeded a distance of 40 yards and struck Srinivasa and injured his legs. The driver of the lorry Thimmegowda disappeared from the scene leaving the lorry there. The relatives of Srinivasa who had come to attend a marriage in a house opposite to D. Subbaiah road, which was situated on the western side, came to the spot and took him to the K. R. hospital and admitted him there. He was operated upon on the same day and thereafter remained in the hospital for 41/2 months. In spite of the best medical treatment, the left leg of Srinivasa became permanently incapacitated.2. In respect of the injuries suffered by Srinivasa, his father f...
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