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Judgment Search Results Home > Cases Phrase: mediation Sorted by: recent Court: karnataka Year: 1984 Page 1 of about 32 results (0.013 seconds)

Jun 27 1984 (HC)

Fathimabi Vs. Mehboob

Court : Karnataka

Decided on : Jun-27-1984

Reported in : ILR1985KAR393

..... vacate the premises.5. whereas is the meantime, on account of the failing health of the 1st party a proposal for settlement of the case hasbeen made, and with the mediation of common friends who are witnesses to this agreement it is de-sired that in the mutual interest of both the parties, an agreement is made settling the dispute to .....

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Nov 13 1984 (HC)

Sri Sidharood Swamy Math Trust Committee Vs. Mallappa and ors.

Court : Karnataka

Decided on : Nov-13-1984

Reported in : ILR1985KAR1440; 1985(1)KarLJ331

nesargi, j.1. the appellants are plaintiffs 1 and 2 in case no. 128/1/1975 in the court of the munsiff, yelburga. the respondents are defendant no. 1's legal representatives and defendant no. 2 in the case. the subject matter of the suit consist of two lands-s. no. 828 oftadkal village and s. no. 2 of talbal village, yelburgra taluk. the plaintiff filed the suit for possession of the lands and for declaration that plaintiff no. 2 or in the alternative plaintiff no. 1 is entitled to get the sale proceeds of the crop that stood on s. no. 2 amounting to rs. 1,000/- which amount is lying in court deposit and for mesne profits of the suit lands for the years 1956-57 and also for future mesne profits. the trial court decreed the suit on 23-12-1959. the defendants preferred r.a. no. 2 of 1970 in the court of the district judge, raichur. the district judge allowed the appeal and reversed the judgement and decree of the trial court on 15-7-1974. the judgement and decree of the lower appellate court is challenged in this appeal.2. the simple case of the plaintiffs is that balavva wife of basappa being the original owner who inherited the suit property from her mother rudrayva executed a registered will ex. p.5 in the year 1919(5-10-1328 fasli) bequeathing them in favour of plaintiff no. 1. she died issueless. after her death plaintiff no. 1 took over possession of the suit lands. plaintiff no. 1 leased the suit lands to plaintiff no. 2 in 1953. plaintiff no. 2 continued to be in .....

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Nov 08 1984 (HC)

Monnanda Nanaiah Vs. Balladichanda Caveriamma

Court : Karnataka

Decided on : Nov-08-1984

Reported in : ILR1985KAR1599

nesargi, j.1. this appeal is by defendants 3 and 8 in o.s.no. 16 of 1970 in the court of the civil judge, coorg, mercara. rcspondent-1 is the plaintiff and the remaining respondentsare the rest of the defendants. the suit property is jamma wet land measuring 3.75 acres in s.no. 56 of kukloor village, in virajpet nad.2. the facts are that this land originally belonged to one cariappa. cariappa had two sons by name devaiah and aiyappa. there was partition between devaiah and aiyappa and this land fell to the share of devaiah. thereafter devaiah expired in the year 1943 leaving behind him only his daughter the plaintiff. defendants 3 and 8 are the sons of aiyappa. defendants 2 to 7 also belong to monnanda family i.e., parental family of the plaintiff. defendant-1 belongs to one karnanda family. after the death of deviah, the property devolved on the plaintiff. she enjoyed it as owner. on 20-4-1950 the plaintiff mortgaged this property in favour of defendant-1 by a registered deed ext. d-4, equal to exhibit p-1 (certified copy). this wasusufructuary mortgage in favour of defendant-1 stipulating that he should pay himself the mortgage money out of the rent and profits of the land enjoying the same for 12 years. on 28-4-1950 defendant-1 assigned his right to defendant-2 and husband of defendant-7 by executing a registered deed as per exhibit p-2. the plaintiff mortgaged this property to defendant-1 to secure money for her marriage. she got married. on 15-3-1952 defendants 3 and 8 .....

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Nov 07 1984 (HC)

Kudremukh Iron Ore Co. Ltd. Vs. Kooky Roadways P. Ltd.

Court : Karnataka

Decided on : Nov-07-1984

Reported in : [1986]60CompCas1069(Kar)

1. this is a petition presented to this court under section 433(e) of the companies act by m/s. kudremukh iron ore co. ltd., a govt. of india enterprise. the prayer is for an order of this court directing the winding up of the respondent - kooky roadways private limited, incorporated and registered under the companies act, 1956, having its registered office at bangalore. the respondent-company is a private carrier of goods. in other words, its business was in transport. it is alleged by the petitioner that the respondent was entrusted to transport steel materials form bangalore to mangalore where the petitioner has an office at panambur, d. k. dist. in the course of such transportation, the petitioner discovered that the respondent had short delivered a quantity of 131.630 metric tonnes of the steel materials entrusted for carriage. when this was brought to the notice of the respondent-company, the managing director of the respondent-company, one mr. ismail, wrote back station that full responsibility was assumed by him as the steel materials were misplaced while loading and unloading and, therefore, could not be delivered at mangalore. he further guaranteed that by january 24, 1983, he would arrange to transport and deliver a minimum of 40 tonnes of steel. he also undertook to report further progress in person in that regard on january 24, 1983. except delivering a small quantity of about 9 tonnes, nothing happened thereafter despite numerous letter written by the chief .....

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Oct 26 1984 (HC)

Commissioner of Income-tax, Karnataka-ii, Bangalore Vs. Mysore Iron an ...

Court : Karnataka

Decided on : Oct-26-1984

Reported in : (1985)46CTR(Kar)93; ILR1985KAR1499; [1986]157ITR531(KAR); [1986]157ITR531(Karn)

k. jagannatha shetty, j. 1. the income-tax appellate tribunal, bangalore bench, has referred the following question under section 256(2) of the income-tax act, 1961 (the act) : 'whether after an original assessment, an order of rectification has been made and subsequently there is a reassessment under section 147 of the income-tax act, 1961, whether the time-limit provided under section 154 of the act should be computed from the date of the earlier order of rectification or from the date of the order of reassessment ?' 2. the facts behind the legal formulation are as follows : the assessee is a company and the assessment for the year 1963-64 was completed under section 143(3) on march 23, 1965. in that order, the rebate under section 84 was worked out as admissible to the extent of rs. 7,69,233. the assessee by a letter dated june 16, 1965, invited the attention of the income-tax officer (i.t.o.) that there was a mistake in the calculation of the average capital and the rebate should be restricted to rs. 6,59,368 against the larger amount allowed in the assessment. consequently, the income-tax officer made an order of rectification under section 154 on february 25, 1967, restricting the rebate under section 84 to rs. 6,59,368. 3. subsequently, the above assessment was reopened under section 147(a) and the reopened assessment was completed on march 15, 1973. in this assessment also, the rebate allowed under section 84 was taken as rs. 6,59,368 as determined finally in the .....

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Aug 20 1984 (HC)

Commissioner of Income-tax Vs. Datacons (P.) Ltd.

Court : Karnataka

Decided on : Aug-20-1984

Reported in : (1985)47CTR(Kar)162; ILR1985KAR1109; [1985]155ITR66(KAR); [1985]155ITR66(Karn)

jagannatha shetty, j.1. this is a reference under s. 256(1) of the i.t. act, 1961, and the question of law referred is : 'whether, on the facts and in the circumstances of the case, the appellate tribunal is correct in law in treating the assessee either as a manufacturer of goods or as engaged in the processing of goods within the meaning of section 2(7)(c) of the finance (no. 2) act, 1977 ?' 2. the assessee is a company. it claimed that it was an industrial company as defined under s. 2(7)(c) of the finance (no. 2) act, 1977. if it was an industrial company, it would be entitled to be taxed at a concessional rate. the ito rejected that claim and assessed the income by applying normal rate of taxation, but in appeal before the aac, the assessee succeeded. 3. the department preferred an appeal before the tribunal. the tribunal after hearing the arguments, made a local inspection of the assessee's premises to know what the assessee was really doing. the members of the tribunal personally observed the operation of the computers installed by the assessee. a note was also prepared by the learned counsel for the assessee and given to the members of the tribunal. that note gives the full description of the activities of the assessee with the help of the computers. the members of the tribunal, after personal observation and after considering the note given by the assessee's representative, observed : 'it may be stated that the data which the assessee receives in the form of cash .....

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Nov 22 1984 (HC)

Sirigeri Thippamma Vs. Appellate Controller of Estate Duty and ors.

Court : Karnataka

Decided on : Nov-22-1984

Reported in : (1985)48CTR(Kar)31; ILR1985KAR786; [1986]158ITR548(KAR); [1986]158ITR548(Karn)

k.s. puttaswamy, j. 1. on a reference made by venkataramaiah j. (as he then was), these cases have been posted before us for disposal. 2. as common questions of law arise for determination in these cases, we propose to dispose of them by a common order. 3. in order to appreciate the questions that arise for determination in these cases, it is enough to notice the facts in writ petition no. 1462 of 1973 as illustrative only and not as exhaustive. 4. one sirigeri govindappa, a resident of gangavathi of raichur district, who was the karta of a mitakshara hindu undivided joint family (huf) consisting of himself, his wife, smt. sirigeri thippamma, his son, ranganna, and an unmarried daughter, kumari raghamma, died on february 8, 1969. the hindu undivided family owned considerable movable and immovable properties. 5. on november 17, 1969, smt. sirigeri thippamma, the petitioner before us, as the 'accountable person' under the estate duty act of 1953 (central act 34 of 1953) ('the act'), filed a return before the assistant controller of estate duty, hubli ('the assistant controller'), declaring the value of the estate passing on the death of her husband at rs. 1,73,770. on june 15,1971, the assistant controller completed his assessment (exhibit-l) in which he included a sum of rs. 1,53,303 as the share value of the lineal descendants of the hindu undivided family for rate purposes under section 34(1)(c) of the act and levied estate duty on the petitioner on that basis. against the .....

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Nov 19 1984 (HC)

Rahamathulla Vs. Karnataka State Transport Appellate Tribunal and ors.

Court : Karnataka

Decided on : Nov-19-1984

Reported in : ILR1985KAR2749

orderk.a. swami, j.1. in this petition under articles 226 and 227 of the constitution, the petitioner has sought for quashing the order dated 11th september, 1984 passed by the first respondent in revisionpetition no. 63/83 (annexure-c). the petitioner holds a stage carriage permit no.p. st.p.1/78-79 valid upto 31-3-1986 covered by the vehicle bearing no, myk. 4069 for the routes (1) agaram to mulbagal via koladevi trips, (2)mulbagal to k. byapally via alangur-2 trips; (3) mulbagal to ugani via nangali-1 trip. he has applied for variation of the conditions of the permit by curtailment of first round trip on the route agaram to mulbagal via koladevi and by inclusion of the new route from agaram to sreenivasapura, after following the required procedure, the r.t.a. (2nd respondent) has curtailed the first round trip on the route agaram to mulbagal and has granted theinclusion of the route from agaram to sreenivasapura, by its resolution dated 3rd may, 1982 passed in subject no, 5/82 (annexure-b). the karnataka state road transport corporation (respondent-4) was not one of the objectors. similarly, respondent-3 (sri y. ramaiah shetty) also was not an objector. nevertheless, sri y. ramaiah shetty preferred an appeal bearing no. 490/82 against the aforesaid grant of variation of the conditions of permit before the first respondent. the appeal preferred by the 4th respondent was converted as revision petition no. 63 of 1983, as the 4th respondent was not an objector. as far as the .....

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Nov 08 1984 (HC)

Laxmangowda Vs. Maddamma

Court : Karnataka

Decided on : Nov-08-1984

Reported in : ILR1985KAR2227

ordervenkatachala, j.1. a short, but interesting, question relating to executability of a decree made in a suit without production of a succession certificate as required under section 214(1) of the indian succession act, 1925 ('the act'), arises fordetermination in this revision petition.2. the court of civil judge at raichur, to which a decree of the court of subordinate judge, kurnool, had come by transfer, sought to execute that decree against the judgment debtors therein. but, those judgment debtors raised an objection as to the executability of the decree urging, inter alia, that decree was a nullity, the same having been made without the production of a successioncertificate as required under section 214 of the act. the executing court being of the view that the objection so raised was unsustainable, made an order to the effect that the execution petition is maintainable. felt aggrieved by that order, the judgment debtors have questioned its validity in this revision petition.3. on behalf of the judgment debtors (petitioners here) shri b.s. raikote contended that the decree under execution, should have been regarded by the executing court as a nullity as it had been made against the debtors of a deceased person for payment of his debt in favour of a personclaiming on succession to be entitled to the effects of the deceased person without the production of a succession certificate as required under section 214(1)(a)(iii) of the act.4.though it is not open to an .....

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Nov 06 1984 (HC)

Binny Ltd. Vs. Union of India and ors.

Court : Karnataka

Decided on : Nov-06-1984

Reported in : 1985(6)ECC71; 1985LC690(Karnataka); 1986(25)ELT154(Kar)

order1. m/s. binny limited, a public company incorporated under the companies act, which is the petitioner, is engaged in the manufacture of textile goods in one of its composite textile mills called 'bangalore woollen cotton and silk mills' situated at bangalore city. prior to 24th july, 1972 the petitioner had manufactured 17,381-30 kgs. of blended yearn ('yarn') with 50% terene, (and) consumed the same in the manufacture of a fabric called 'cascade'. 2. 'blended yarn' and 'fabrics' were dutiable to excise duty under tariff items nos. 18-e, and 19(1)(2)(sic) respectively of the central excises and salt act of 1944 (central act 1 of 1944) ('the act'). but, under rule 96v and w of the central excise rules of 1944 ('the rules) and notification no. 62/72 ce dated 17th march, 1972 issued thereto by government, the collection of excise duty on blended yarn was postponed to the point the clearance of 'fabric' made out of such yarn, which is called as 'compounded levy'. admittedly government in its notification nos. 168 and 169 of 1972 dated 24th july, 1972 ('notifications') modified the aforesaid scheme and later withdrew the aforesaid notification and abolished the compounded levy scheme on blended yarn. 3. on the sole basis of the notification no. 169 of 1972 dated 24th july, 1972, the superintendent of central excise, concurrent assessment and inspection group, bangalore-5 ('the superintendent') by his notice no. gi-6(bm)/72 dated 2nd december, 1972 (exhibit-a) called upon the .....

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