Court : Karnataka
Reported in : [1985(51)FLR15]; (1985)ILLJ243Kant
..... supreme court in shambhoo narain's case (supra), and a full bench of this court in lingamma's case (supra) is no ground to infer the existence of such power. 39. the above discussion is sufficient to answer the question arising for consideration in the negative. 40. however, i proceed to consider another aspect of the matter, as on that ..... 2, 3, 6, 7, 9, 10, 11, 12, 13, 15, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 34, 35, 36, 37, 38, 39, 41, 42 and 51 of 1981 in reference no. 19/1980 with effect from 1st february, 1984, till the disposal of the said application on or before 10th of every ..... bench of this court in the case of lingamma v. state of karnataka (supra) applied the principle laid down in shambhoo narain's case, : [1970]1scr151 . in that case the question for consideration was whether s. 55 of the karnataka land revenue act, 1964, which conferred appellate jurisdiction on the karnataka appellate tribunal against orders of the revenue authorities made under the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR662
..... trial court accepting the contentions raised by the plaintiff decreed the suit. aggrieved by the same, the defendant preferred an appeal in r.a.no. 2 of 1970 on the file of the principal district judge, bangalore. before the learned district judge many grounds were urged. however, the relevant ground for the purpose of ..... shall be entitled to the said preference, notwithstanding that it may not be fully executed within that year.' 12. section 43 of the transfer of property act deals with transfer by unauthorised person who subsequently acquires interest in the property transferred. it reads thus:'43. where a person fraudulently or erroneously represents that ..... necessarily extinguish rights and equities that may be subsisting as between private parties.'(2) in nagappa gowda and others v. doddamane gurupadappa and anr.air 1954 mysore 39, while dealing with the effect of restoration of forfeited land to the defaulter under section 54 of the mysore land revenue code, this court held thus:' .....
Tag this Judgment!Court : Karnataka
Reported in : 2001CriLJ4532
..... them in the course of the proceedings, but once a judgment and decree is made and it reaches the finality, the parties cannot be permitted to take such patently false plea which totally runs counter to the plea taken by the party in the course of the earlier proceedings and set up third parties to defeat the ..... this fact before the principal city civil judge, bangalore, in the petition filed by m.c. nanjappa, who is none other than the power of attorney holder, acting on behalf of the complainants in all the proceedings, has categorically stated in a petition under section 438 of the criminal procedure code for anticipatory bail which numbered as criminal misc. ..... to as 'the act'), the complainants have prayed for an order punishing the first respondent for willfully disobeying the order dated 25th march 1998 made in r.f.a. no. 830/1997 by this court and also for violating the undertaking given by means of an affidavit undertaking to vacate the premises bearing present no. 39, old no. 323 .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1999KAR707; 1999(1)KarLJ8
..... a renewed lease in plaintiffs favor on the same terms and conditions as contained in the registered lease deed dated 26-10-1970. along with the plaint, plaintiff made an application la. i under order 39, rules 1 and 2 of the cpc and sought for temporary injunction. this application was considered and after hearing both the ..... complainant that accused have committed criminal contempt and action has to be taken. the expression 'criminal contempt' is defined in section 2(c) of the contempt of courts act, 1971. it defines:'criminal contempt means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter ..... or the doing of any other act whatsoever which- (i) scandalises or tends to scandalise, or lowers or tends to lower the authority of any court; or (ii) prejudices, or interferes or tends .....
Tag this Judgment!Court : Karnataka
Reported in : [1986]62STC399(Kar)
..... effect by the mysore sales tax (amendment) act (9 of 1970). we are therefore satisfied that the petitioners who were partners of the firm when the firm came to be dissolved are liable to pay the tax assessed on the ..... on the day it came into force apart from the proceedings taken thereafter. sub-section (2) of section 15 has made explicit what was implicit in the act prior to its substitution by act 9 of 1970. in r. c. hiremath's case : 1980(2)karlj297 297, this court has also held that sub-section (2) of section 15 is given retrospective ..... firm. 31. sri joshi argued that the penalty leviable under the act cannot be recovered from the petitioners. 32. section 13 is in chapter v dealing with the filing of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR3538
..... . the provision does not attempt - anything more than that. here is a case where the excise commissioner and defendant-2 did some-thing not in pursuance of the act. because, they ignored the patent provisions of the rules governing the sale of right to vend liquor within the coorg district. they collected something from the plaintiff which was not in accordance with ..... . 4.35 per bottle and he had never indented for bulk supply at the rate of rs. 4/- per litre. it is seen from ex. d. 5 dated 19th january 1970 that the government in their order no. hd 61 epl 69 dated 12-1-70 had given the approval for supply of arrack in bulk along with bottled arrack to ..... every bottle the government collected rs. 1-35 more than the rate agreed upon and advertised in the sale notice.during the period between 1-7-1969 and 30-6-1970 the plaintiff purchased 1,63,260 bottles of arrack and paid excess amount of rs. 2,21,401/- to the government. the said excess amount was collected from the plaintiff .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(4)KarLJ572
..... contained in the binding decision of the high court of karnataka dated 21-9-1971 in writ petition nos. 2598, 3302 to 3304 and 4586 of 1970 and shall make available all consequential financial benefits to the concerned petitioners as directed by the high court within a period of eight weeks from the receipt ..... the employees, therefore, moved the high court, and the high court allowed the petition. against that, a letters patent appeal was filed and while it was pending, the parliament passed the life insurance corporation (modification of settlement) act, 1976, the effect of which was to deprive the employees of bonus payable to them in accordance with the ..... rivers and river valleys. inter-state water disputes act, 1956 was also enacted for adjudication of the disputes with regard to the use, distribution or control etc., of the said waters. in 1970 tamil nadu invoked the provisions of section 3 of the inter-state water disputes act and requested the central government for reference of the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR2224
..... plaintiff was not entitled to specific performance. in para-13 of the statement defendants 1 and 2 specifically pleaded that the agreement of sale dated 7.5.1970 was not intended to be acted upon by parties; that it was represented that in order to avoid high rate of income-tax it was necessary to have the form of an agreement ..... 1989 will continue. it also follows that the tenancy rights of the plaintiff are not in any way affected by reason of the findings recorded herein and the decree passed.39. for the reasons stated above this appeal is allowed in part. the judgment and decree of the trial court are set aside. the suit of the plaintiff for specific ..... after the execution of the agreement ex.p.3. it states thus:'this deed of agreement entered into this seventh day of may, 1970 between sri a.b. aswath narayana, son of late balayya, aged 39 years, residing at no. 184, srinivasa mandiram road, balepet, bangalore - 2a hereinafter referred to as the 'first party' and sri b.r. mulani, son of .....
Tag this Judgment!Court : Karnataka
Reported in : 1998AIR(Kar)20; 1997(3)KantLJ622; 1997(3)KarLJ622
..... found to have no jurisdiction. "( 8 ) the other decision, sri raviprakash cited before me is air 1985 sc 39. the said decision is with reference to the expression, 'cause of like nature' as it appeared in s. 14 of the limitation act. in paras (11) and (14) thereof the supreme court held as follows :"in order to attract the ..... the suit is covered by article 59 of the limitation act and not article 13 of the limitation act and that the time prescribed under article 59 of the limitation act is 3 years. the next two decisions cited by sri urval are air 1970 mysore 318 and air 1964 sc 1336. in air 1970 mys. 318, this court held as follows :"the ..... proceedings referred to in section 14 are proceedings dealt with under the code of civil procedure in a court exercising general civil jurisdiction to which alone provisions of limitation act apply. further, the other proceedings .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR2730
..... orders had been brought to its notice.' he also relied upon the decision of the supreme court in the case of state of gujarat v. patel raghav natha : [1970]1scr335 and mansaram v. s. p. pathak : [1984]1scr139 and submitted that the said decisions of the supreme court clearly support his contention that since steps taken ..... in support of this submission, he relied upon the decisions of the supreme court in the case of indian aluminium cables ltd. v. excise and taxation officer [1977] 39 stc 19 and state of punjab v. tara chand lajpat rai : [1967]3scr10 , wherein the supreme court has taken the view while considering the expression 'proceed to ..... punjab v. kulu valley transport co. (p.) ltd. : [1970]77itr518(sc) , sri narasimha murthy submitted that when two interpretations are possible, one favourable to the tax-payer must be adopted. 4. sri narasimha murthy, secondly, submitted that even assuming that on terms, section 12a of the act, as amended, applies, it is not permissible in law to make .....
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