Karnataka Court March 1981 Judgments
Unico Trading and Chit Funds (India) P. Ltd. (In Liquidation) Vs. S.H. ...
Court: Karnataka
Decided on: Mar-20-1981
Reported in: [1983]54CompCas811(Kar)
Chandrakanta Raj Urs, J.1. This is an application by the official liquidator under s. 446(2)(b) of the Companies Act, 1956 (hereinafter referred to as 'the Act'), praying for an order directing the respondents to jointly and severally pay to him the sum of Rs. 2,323.50, being the debt due by them to M/s. Unico Trading and Chit Funds (India) (P.) Ltd. (in liquidation). 2. The aforementioned company was ordered by this court to be wound up on February 4, 1977, in Company Petition No. 7/1975 filed on October 3, 1975. 3. The details of the claim of the official liquidator and the resistance to the same by the respondents may be briefly stated as follows : 4. The 1st respondent, S. H. Lohati of Poona (Pune), was a member of the chit group, P.E. 1, having Chit No. 15. The value of the chit was Rs. 2,500. At the auction held for that chit group in the Pune branch of the company in liquidation he was the highest bided on August 23, 1973. He received the prize amount on October 8, 1973, and on ...
Tag this Judgment!Sudhakar Syndicate P. Ltd. (In Liquidation) Vs. H.M. Chandrashakaraiah ...
Court: Karnataka
Decided on: Mar-20-1981
Reported in: [1983]54CompCas184(Kar); 1981(2)KarLJ35
Chandrakantaraj Urs, J.1. This is an application filed by the official liquidator under s. 446(2)(b) of the Companies Act, 1956, to recover a sum of Rs. 1,709 being the principal and interest due from respondents Nos. 1, 2 and 3 jointly and severally in respect of the chit fund transaction the 1st respondent had with the company in liquidation while it was carrying on business. 2. The chit value was Rs. 2,500. Respondent No. 1 was the highest bidder at the auction held for chit group-DLN of the company (in liquidation). The auction was held on June 23, 1974. He received the prize amount on July 22, 1974, and on the latter date he executed a promissory not for Rs. 1,675 promising to repay the said amount together with interest at the rate of 18 per cent per annum. Respondents Nos 2 and 3 executed the pronote as sureties. 3. After the company came to be wound up, the official liquidator issued notice of demand to the respondents for the payment of the balance due by the 1st respondent in...
Tag this Judgment!Sudhakar Syndicate Pvt. Ltd. Vs. H.M. Chandrashakaraiah and ors.
Court: Karnataka
Decided on: Mar-20-1981
Reported in: AIR1981Kant245; [1982]52CompCas281a(Kar)
ORDER1. This is an application filed by the official Liquidator under Section 446(2)(b) of the Companies Act, 1956 to recover sum of Rs. 1709/- being the principal and interest due from respondents 1, 2 and 3 jointly and severally in respect of the chit fund transaction the 1st respondent had with the Company in liquidation while it was carrying on business. ,2. The Chit value was Rs. 2500/-. Respondent I was the highest bidder at the auction held for chit Group DLN of the Company (in Liquidation). The auction was held on 23-6-1974. He received the prize amount on 22-7-1974 and on the latter date he executed a promissory note for Rs. 1675/promising to repay the said amount together with interest at the rate of 18 per cent per annum. Respondents 2 and 3 executed the promote as sureties.3. After the Company came to be wound up, the Official Liquidator issued notice demand to respondents for the payment the balance due by the 1st respondent respect of the aforementioned transaction had wi...
Tag this Judgment!The State of Karnataka Vs. Shaw Wallace and Co. Ltd.
Court: Karnataka
Decided on: Mar-18-1981
Reported in: ILR1981KAR940; 1981(2)KarLJ58; [1981]48STC169(Kar)
Srinivasa Iyengar, J.1. This revision petition is preferred by the State against the order of the Karnataka Appellate Tribunal, which upheld the contention of the assessee that the bottles and crates in which liquor had been sold by it could not be made liable to sales tax at the rate applicable to liquor under item 38 of the Second Schedule to the Karnataka Sales Tax Act, 1957 (hereinafter referred to as 'the Act'). The Tribunal held that there was a separate agreement in regard to the sale of bottles and crates and, therefore, the value of glass bottles would have to be subjected to tax under item 109 of the Second Schedule to the Karnataka Sales Tax Act and as far as the crates were concerned which were of wooden material they would be liable to tax under section 5(1) of the Act. As the exact figures had not been ascertained by the assessing authority it remanded the matter to him to determine the values of these items separately and charge tax accordingly. 2. In this revision petit...
Tag this Judgment!Universal Machinery Co. Vs. Vinag Mining Co.
Court: Karnataka
Decided on: Mar-18-1981
Reported in: AIR1981Kant249; 1981(1)KarLJ580
1. This appeal is by the petitioner/defendant and is directed against the order dated, 4-7-1978 passed by the Civil Judge, Bellary, in Miscellaneous Case No. 33 of 1975, on his file, dismissing the petition of the present appellant for setting aside the ex parte decree passed against him Original Suit No. 115 of 1974.2. The brief facts relevant for the decision of this case are these:One Vinag Mining Company, a Firm registered under the Indian Partnership Act, instituted suit against the present petitioner appellant viz., Universal Machinery Company, for recovery of Rs. 51,335/- with interest. in Original Suit No. 15 of 1974 on the file of the Court of the Civil Judge, Bellary. Summons was ordered to be issued against the present petitioner appellant who was defendant in the suit. Summons is at Exhibit P-1.The summons was sent both by post and through Court. In the summons, the office of the Court at Bellary wrote the name of the person concerned to whom the summons was addressed as 'U...
Tag this Judgment!P. Gowrishankar Gupta Vs. the House Rent and Accommodation Controller, ...
Court: Karnataka
Decided on: Mar-16-1981
Reported in: AIR1982Kant231; ILR1981KAR118; 1981(2)KarLJ70
ORDER1. In this petition under Articles 226 and 227 of the Constitution, the petitioner has sought for quashing the order dated 18-12-1980 passed by the Special Deputy Commissioner, Bangalore, in Appeals Nos. HRCA (CITY) No. 5/80-81 and HRCA (City) No. 394/79-80. By the said order the 2nd respondent has directed the first respondent to initiate a proceeding under Section 10A of the Karnataka Rent Control Act, 1961 (hereinafter referred to as 'the Act') against Sri Tekehand Tilumal and also to initiate a proceeding to prosecute the landlord the appellant in Appeal No. 394/79-80. This writ petition is filed by the landlord and he is aggrieved only in respect of the order passed by the 2nd respondent directing the Rent Controller to prosecute the petitioner.2. The contention of Sri Chabbria, learned counsel for the petitioner, is that while dealing with the appeal against the Order of allotment, the 2nd respondent does not get jurisdiction to direct the first respondent to initiate a proc...
Tag this Judgment!Nagappaiah and ors. Vs. Bhaskara and ors.
Court: Karnataka
Decided on: Mar-13-1981
Reported in: [1983]54CompCas173(Kar)
Sabhahit, J.1. These three appeals arise out of the judgment and award, dated January 7, 1978, passed by the Motor Accidents Claims Tribunal, Chickmagalur, in Misc. (MVC) No. 20/1976, on its file, awarding compensation of Rs. 22,000 together with interest and costs to the injured claimant. 2. It is the case of injured claimant, Bhaskara, that he and his father, Thimmappa, P.W. 2, boarded a lorry in Yeshawantapur in the night of June 4/5, 1976, to go to Shimoga. The lorry was bearing No. MYS 7557. They were sitting in the seat behind the driver. The said lorry was going at a distance of 3 miles from Mettigatta and proceeding towards Kadur, at about 11.30 p.m., another lorry bearing No. MYS 6571 belonging to the first respondent in the petition and driven by the second respondent in the petition came from the opposite direction with great speed and the two lorries collided in the middle of the road and the front glass of the lorry in which Bhaskara was sitting broke and pieces flung agai...
Tag this Judgment!Standard Electronic Engineering Corporation by Its Partner Sri M.B. Hi ...
Court: Karnataka
Decided on: Mar-11-1981
Reported in: 1981LC314D(Karnataka)
ORDERM.P. Chandrakantaraj Urs., J.1. This petition is disposed of at the stage of preliminary hearing after notice to the respondents and after hearing the learned Counsel for the petitioner and the learned Counsel for the respondents.2. The petitioner is a partnership firm engaged in the manufacturer of electronic goods and is registered as a small scale industry with the Government of Karnataka. It manufactures such electronic items as intercommunication equipments, transistorized equipments like tape-deck mechanism, transistorized radios, amplifiers etc. In order to produce the goods for which it is registered with the state Government as small scale industry, it is required to import certain components which go into the production of such goods. The petitioner is a holder of original general licence granted under Appendix 10 of the Import Policy of the Government for the financial year of 1979-80. On the said licence the petitioner opened and irrevocable letter of credit with the f...
Tag this Judgment!M.R. Krishnappa Vs. Bhagyalakshmamma and ors.
Court: Karnataka
Decided on: Mar-10-1981
Reported in: ILR1982KAR228; 1981(2)KarLJ425
Sabhahit, J.1. This appeal by the owner of the bus in question (original respondent No. 1) is directed against the judgment and award dated March 5, 1979, passed by the Member, Motor Accidents Claims Tribunal, Mandya, in Miscellaneous (MVC) Case No. 23 of 1975 on his file, awarding compensation of Rs. 23,100 in favour of claimant No. 1, the widow of the deceased. 2. It is the case of the claimant that H. B. Annegowda, aged about 52 years, husband of claimant No. 1 and father of claimants Nos. 2 to 5, was travelling in a bus bearing Registration No. MYA 2288 from Mysore, on his way to Chickmagalur, on May 10, 1971. He was seated in the front row behind the seat of the driver. The bus was driven by Jayakumar of Saligrama, the driver, in a rash and negligent manner. When the bus was going in Chikka Voddaragudi on Mysore-Hassan Road at about 11-30 p.m., the bus met with an accident. It went and dashed against the protruding branch of a tree going on its off side, as a result of which Anneg...
Tag this Judgment!State of Karnataka Vs. Dastagirsab and ors.
Court: Karnataka
Decided on: Mar-10-1981
Reported in: 1981CriLJ1157; 1981(1)KarLJ498
Nesargi, J.1. In this appeal by the State, the order of acquittal dated 28/29th August, 1979, passed by the Additional Sessions Judge, Bijapur, in Sessions Case No. 16 of 1979 acquitting the respondents who were the accused therein, of having committed the offence punishable under Section 302, I.P.C. is challenged. 2. The Additional Sessions Judge has convicted the respondents-accused of having committed the offences punishable under Section 326 read with Section 34 I.P.C. and sentenced each of them to undergo rigorous imprisonment for 5 years and under Section 447 I.P.C., and sentenced each of them to undergo simple imprisonment for 3 months and thereafter proceeded to apply the provisions of Section 360 of the Criminal Procedure Code and release them on probation of good conduct. 3. The undisputed facts are that P.W. 14 Maninabappa is the father of the deceased Siddappa. P.W. 9 Lakkavva is the mother of the deceased Siddappa. P.W. 10 Nagappa is the son-in-law of P.Ws. 14 and 9. P.W. ...
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