Karnataka Court December 1981 Judgments

K.G. Prabhavathi and ors. Vs. K. Nirmala and ors.

Court: Karnataka

Reported in: [1984]55CompCas670(Kar)

Sabhahit, J.1. These two appeals arise out of the judgment and awards dated December 26, 1979, passed by the Motor Accidents Claims Tribunal, Bangalore City, in M.V.C. Nos. 317 and 363 of 1978, on its file. 2. Govindaraj, the husband of petitioner No. 1, and father of petitioners Nos. 2 to 4, in M.V.C. No. 317/1978, was proceeding on his scooter, on April 10, 1978, at about 9 a.m., on K. R. Road, from South towards North according to the claimants, slowly and by the left side of the road. At that time, a motor cycle bearing No. MYK 1845, driven by Prabhakara Reddy claimant in M.V.C. No. 363/1978, from the opposite direction, in a rash and negligent manner, came on the wrong side, according to the claimants, hit the scooter on which Govindaraj was going, as a result of which there was an accident. Govindaraj sustained fatal injuries and succumbed to the injuries later. He was a businessman earning more that Rs. 1,500 per month. He was aged 39 years. On those averments, they claimed a co...

T.G. Srinivasa Murthy, Etc., Etc. Vs. Bharat Earth Movers Ltd. Etc., E ...

Court: Karnataka

Reported in: ILR1982KAR622; (1982)ILLJ268Kant

Rama Jois, J.1. Three important questions arise for consideration in these four writ petitions. They are : 1. Whether, (i) The Bharat Farth Movers Limited; (ii) The Hindustan Machine Tools Limited; (iii) The Karnataka Agro Industries Corporation Limited, which are companies incorporated under the Companies Act, 1956 (Central Act 1/1956) and are Government companies as defined in S. 617 of the said Act, fall within the meaning of the word 'State' as defined in Art. 12 of the Constitution of India 2. Whether (i) Rule 17.2 of The Bharat Earth Movers Limited Service Rules; (ii) Rule 20.1 of the Hindustan machine Tools (Conduct, Discipline and Appeal) Rules; (iii) Rule 2.21 of the Karnataka Agro-Industries Corporation Limited (Recruitment and Promotion) Rules; and (iv) Regulation 25(2) of the Reserve Bank of India (Staff) Regulations, 1948, (hereinafter referred to as 'the impugned Rules' O providing for termination of service of its permanent employees, by a simple notice, at any time,...

Chokkannagari Naravanappa Vs. Land Tribunal Chintamani and anr.

Court: Karnataka

S.G. Doddakale Gowda, J.1. The petitioner, in this writ petition, has challenged the order dated 25-6-1976 made in No. LRM 2/74-75 end 936/74-75 by the Land Tribunal, Chintamani, rejecting his claim for registration of occupancy sight.2. In WA No. 458 of 1976 the order dated 27-8-1976 by which writ petition was rejected, has been set aside and remitted to consider the question whether the petitioner could be a 'deemed tenant'' under Section 4 of the Karnataka Land Revenue Act, 1964.3. The facts of the case may be briefly stated thus:The petitioner was the owner of S. Nos. 27/2, 133/3 and 184/3 situate, at Anoor village, Chintamani Taluk. By a registered deed dated 13 1-1969, he conveyed his right, title and interest in favour of the second respondent for a consideration of Rs. 1,000. The second respondent-owner in OS No. 301 of 1974 on the file of the Munsiff, Chintamani, sought for temporary injunction restraining the petitioner from interfering with his peaceful possession and enjoym...

Motor Industries Company Limited Vs. the Assistant Commissioner of Com ...

Court: Karnataka

Reported in: 1982(1)KarLJ449; [1983]52STC206(Kar)

ORDERChandrakantaraj Urs, J.1. The petitioner is a company incorporated under the Indian Companies Act. It is a manufacturer of spark plugs and fuel injection equipment used in internal combustion engines, mostly motor vehicles. The petitioner is also an assessee on the file of the Assistant Commissioner of Commercial Taxes (Asst. I), Bangalore City Division, Bangalore. For the assessment year 1974-75 corresponding to the financial year, the petitioner declared its total and taxable turnover under the Central Sales Tax Act (hereinafter referred to as the Act) in the sums of Rs. 44,48,10,498.65 and Rs. 12,91,54,418.30 and claimed exemption in respect of the turnover of Rs. 12,42,600 relatable to the value of spark plugs exported by it to the Union of Soviet Socialist Republics (for short 'U.S.S.R.'). 2. The first respondent issued a proposition notice under section 12(3) of the Karnataka Sales Tax Act, as the machinery for assessment under the Act is the one provided for by the State en...

D. Jayamma and anr. Vs. S. Govindaswamy and ors.

Court: Karnataka

Reported in: [1984]54CompCas879(Kar); ILR1982KAR550; 1982(1)KarLJ375

Sabhahit, J.1. The owner of the vehicle in question and the insurer have presented this appeal, aggrieved by the judgment and award dated October 31, 1980, passed by the Claims Tribunal, Hassan, in M.V.C. No. 25/79, on its file, awarding compensation of Rs. 50,000 to the claimants. 2. It is the case of the claimants that one Ramalingam was the driver of the lorry bearing registration No. TMV 3299. It was a Leyland Tanker belonging to respondent No. 2 in the petition. It was insured with respondent No. 1 in the petition. He was driving the lorry on October 24, 1978, on the Bangalore-Mangalore Road and at about 10.30 p.m., near Alur, in Hassan District, he lost the control of the lorry while negotiating a curve; and the lorry fell into a ditch and the driver sustained fatal injured and died on the spot. The first and second claimants are the parents of Ramalingam. The third claimant is the widow of the deceased. The 4th, 5th and 6th claimants are the minor children of Ramalingam - the de...