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Lilly Stella Rodrigues Vs. Girija Bai and ors.

Court : Karnataka

Reported in : AIR1969Kant100; AIR1969Mys100; (1968)1MysLJ216

..... rao to respondents 1 to 4 was not contrary to law but was permissible.13. now, section 7(2)(a) of the madras act, does not prohibit a sub-lease. what it provides is that if there is a sub-lease and that sub-lease is not authorised by the terms ..... a right in the landlord to seek eviction and a sub-lease which is contrary to law in the sense that it is statutorily prohibited. in the one case the creation of the right in the landlord has no other efficacy than to clothe him with the right ..... that that sub-lease did entail eviction under clause (f) of section 21 of the mysore rent control act, 1961 since that sub-lease which was made before that act came into force, was created contrary to the provisions of the madras buildings (lease and rent control ..... petitioner is a landlord who sought eviction under clauses (a) and (f) of section 21 of the mysore rent control act, 1961. the original lessee was certain appaji rao and when the application for eviction was made, he was dead. respondents 5 .....

The State of Mysore Vs. A. Batehumiah Saheb and Co.

Court : Karnataka

Reported in : [1969]23STC515(Kar)

..... insupportable. 3. it is clear that there is no substance in this contention. section 20 of the mysore sales tax act, 1957, as it stood after its amendment in the year 1964, authorised an appeal from every order under the act by which the appellant is affected. it is this amended section which was in force when the commercial tax officer imposed ..... by which a penalty is imposed on a dealer is an order which seriously affects him, and so, falls within the provisions of section 20 of the mysore sales tax act. 4. so, we dismiss this revision petition. 5. no costs. 6. petition dismissed.

Lakshmi Bags Manufacturing Co. Vs. the State of Mysore and ors.

Court : Karnataka

Reported in : [1969]24STC361(Kar)

..... to the same criticism. 8. in mohta & co, v. viswanatha sastry, : [1954]26itr1(sc) the relevant provisions of the taxation on income (investigation commission) act were declared void for the reason that, whereas in the case of an assessee who had concealed his income and had been proceeded against under section 34 of the indian ..... to prefer an appeal to the income-tax appellate tribunal, a person whose case was dealt with under the other act had no such right. 9. the decision in jagannath prasad v. state of uttar pradesh : (1961)iillj166sc on which mr. shantaraju depends rested on the provisions of two independent statutes and so cannot assist him. 10 ..... . while under the same statutory provisions which section 12-a of the mysore sales tax act, 1957, incorporates, the case of a dealer whose turnover has .....

Vasantha Nanasaheb Pawar and ors. Vs. Piraji Pandu Patil (Since Deceas ...

Court : Karnataka

Reported in : ILR2006KAR2061; 2006(3)KarLJ172

..... clear that the application shall furnish particulars of all the lands held under each separate tenancy. the word 'tenancy' is described in section 2(33) of the karnataka land reforms act, 1961 ('act' for short), which reads thus :section 2(33) :- 'tenancy' means the relationship of landlord and tenant. the word 'tenant' is described under section 2(34 ..... 4 herein as landlords. thus, it is clear that in both the form nos. 7, the landlords are different and lands are different. thus, there is no prohibition for a tenant to file separate form no. 7 claiming occupancy rights over a separate survey number belonging to . different land lords. at this stage, it is ..... boundaries of the lands. he also admits that 4th respondent herein viz., anantha pawar was cultivating the land and that they were employed in different places of karnataka and maharashtra states; that the 9th petitioner viz., pratabrao nanasaheb pawar, is a practicing advocate at pune. it is farther admitted by bw-1 that they .....

Mysore Construction Co. (Prop. Mycon Construction Ltd. Represented by ...

Court : Karnataka

Reported in : ILR2009KAR2657; (2009)24VST250(Karn); 2009(3)KCCRSN123; 2009(6)AIRKarR141

..... any, under sub-section [2] of section 3, in addition to tax by way of composition on the total consideration for the works contracts executed.[f] section 15 of the act by karnataka act no. 5 of 2008 w.e.f. 1.8.2008:15. composition of tax.- (1) subject to such conditions and in such circumstances as may be prescribed, any ..... dealer opting for composition of tax under sub-section (1) shall not be permitted to claim any input tax on any purchases made by him.[b]. section 15 of the act by karnataka act no. 32 of 2004 amended w.e.f. 1.4.2005:15. composition of tax.- (1) subject to such conditions and in such circumstances as may be prescribed, ..... ' is that the registered dealer alone is enabled to collect tax from the consumers, and not otherwise. if a dealer is not a registered dealer, he is prevented or prohibited from collecting any tax from any consumer or buyer.8. the mechanism of determining the tax liability of a registered dealer particularly, the net tax payable by the registered dealer .....

Sri Mannappa Gowda S/o Gangappa Vs. Sri Pattaraju (Since Deceased by h ...

Court : Karnataka

..... 2. the facts in nutshell are as follows:respondent herein initiated eviction proceedings against the tenant in hrc 181/2007 under section 27(2)(a) and (r) of the karnataka rent act, 1999. it was contended in the eviction petition that they purchased the property bearing no. 72, assessment no. 133 k. no. 710 laggere village, yeshwanthapura hobli. ..... considering the pleadings, evidence on record and arguments advanced, the court below by its order dated 10-11-2009 dismissed the application filed under section 43 of the karnataka rent act. it is this order which has been questioned in the present revision petition.8. i have heard smt. geethamala learned counsel for the petitioner and sri k. ..... definition signify that the transfer of interest of the landlord in favour of any other person is not prohibited. hence the right of the transferee under section 109 of the t.p. act is not curtailed/modified by the rent act. thus a transferee of a lessor is entitled to collect rent in terms of the lease as .....

Sri Veeraiah S/o Late Siddaiah Vs. Sri Puttaraju (Since Deceased by hi ...

Court : Karnataka

..... . the facts in nutshell are as follows:respondent herein initiated eviction proceedings against the tenant in hrc 182/2007 under section 27(2)(a) and (r) of the karnataka rent act, 1999. it was contended in the eviction petition that they purchased the property bearing no. 72, assessment no. 133 k. no. 710 laggere village yeshwanthapura hobli. ..... considering the pleadings, evidence on record and arguments advanced, the court below by its order dated 10-11-2009 dismissed the application filed under section 43 of the karnataka rent act. it is this order which has been questioned in the present revision petition.8. i have heard smt. geethamala, learned counsel for the petitioner and sri k ..... definition signify that the transfer of interest of the landlord in favour of any other person is not prohibited. hence the right of the transferee under section 109 of the t.p. act is not curtailed/modified by the rent act thus a transferee of a lessor is entitled to collect rent in terms of the, lease as .....

Smt. Mumtaz W/o Late Chamman Sab Vs. Sri Puttaraju (Since Deceased by ...

Court : Karnataka

..... 2. the facts in nutshell are as follows:respondent herein initiated eviction proceedings against the tenant in hrc 179/2007 under section 27(2)(a) and (r) of the karnataka rent act, 1999. it was contended in the eviction petition that they purchased the property bearing no. 72, assessment no. 133 k. no. 710 laggere village, yeshwanthapura bobli. ..... considering the pleadings, evidence on record and arguments advanced, the court below by its order dated 10-11-2009 dismissed the application filed under section 43 of the karnataka rent act. it is this order which has been questioned in the present revision petition.8. i have heard smt. geethamala, learned counsel for the petitioner and sri k ..... definition signify that the transfer of interest of the landlord in favour of any other person is not prohibited. hence the right of the transferee under section 109 of the t.p. act is not curtailed/modified by the rent act. thus a transferee of a lessor is entitled to collect rent in terms of the lease as .....

Ganesh Traders Vs. State of Mysore and anr.

Court : Karnataka

Reported in : [1971]28STC145(Kar)

..... firm carrying on business, inter alia, in coriander. for the period 1st april, 1968, to 31st march, 1969, the petitioner in his return of turnover under the mysore sales tax act, 1957, claimed exemption on the turnover of rs. 56,875.27 relating to coriander on the ground that coriander comes within the term 'other oil-seeds' as explained in serial ..... no. 5(d) of the fourth schedule of the act, and that the petitioner is not the first purchaser of the said goods. no assessment was made on the return filed by the petitioner for the period 1st april, 1968 .....

The State of Mysore Vs. Kalilulla Ahmed Shariff and anr.

Court : Karnataka

Reported in : AIR1971Kant60; AIR1971Mys60; 1971CriLJ226; (1970)2MysLJ209

..... him in support of the prosecution. if for one reason or the other, the prosecution fails to produce such evidence, the only alternative left to the magistrate would be to act under sub-section (11), to make an order holding that the accused are not guilty as the prosecution has failed to produce any evidence in support of the charge and ..... relied on a decision of a single judge of this court reported in basappa v. kalappa, (1966) 2 mys lj 528 in which honniah, j. held thus: 'before the amendment act of 1955 the magistrate had a duty to ascertain the names of the prosecution witnesses and summon them, but there appears to be no analogous provision in section 251a. under .....