Karnataka Court July 1981 Judgments
G. Nagaraju and ors. Vs. Principal, S.T.J. Polytechnic, Harapanahalli ...
Court: Karnataka
Decided on: Jul-30-1981
Reported in: AIR1982Kant110
ORDER1. These three petitions givrise to common questions of facts and law and therefore, they are disposed of by the following common order.2. Petitioners were admitted to the S. T. J. Polytechnic, Harapanahalli, for the academic year 1980-81. The course to which they were admitted was the Diploma Course in Engineering. The Polytechnic by its Principal, is the 1st respondent, Director of Technical Education, and the State of Karnataka, are the 2nd and 3rd respondents respectively. Petitioners were admitted to the Polytechnic in Sept 1980. They paid the prescribed fee for the terms during the academic year. Subsequently, they have also paid the examination fee for the 1st year examination to be held on 29-4-1981 and on dates thereafter. Second respondent, on 6-4-1981, addressed a communication to the 1st respondent -Principal of the Polytechnic, informing him that certain candidates, whose names were listed in the Annexure, to the said letter were not eligible to register their applica...
Tag this Judgment!Electronic Industrial Corporation and anr. Vs. Collector of Customs, B ...
Court: Karnataka
Decided on: Jul-29-1981
Reported in: 1982(10)ELT15(Kar)
1. The 1st petitioner herein is M/s. Electronic Industrial Corporation (hereinafter referred to as the Firm), a firm registered under the provisions of the Indian Partnership Act. The 2nd petitioner is one of its partners. The firm carries on the business and are engaged in the manufacture of electronic and electrical items including transistorized equipments like radios, testing instruments, tape-recorders, loud-speakers, cassette tape cartridges. They have been carrying on this business and manufacturing activities for the last 20 years. The petitioners are also registered as Small Scale Industrial Unit with the appropriate authorities in the State of Karnataka. 2. It is asserted by the firm that one of the essential components of either a tape-recorder or the transistors that are manufactured by the petitioners is an item know as volume control. The said item of component is an imported item. The petitioner-firm imported in all 15,000 of these components which are manufactured at Ja...
Tag this Judgment!The Gwalior Rayon Silk Manufacturing (Wvg.), Co. Ltd. Vs. Lakshmavva a ...
Court: Karnataka
Decided on: Jul-29-1981
Reported in: AIR1982Kant347; ILR1982KAR793; 1982(1)KarLJ305
ORDER1. This civil revision petition under Section 115 of the Code of Civil Procedure, is preferred against the order dated 13-2-1981 passed by the learned Civil Judge, Ranebennur in Land Acquisition Case No. 7 of 1979 holding that the reference made by the Land Acquisition Officer is maintainable. The petitioner has raised an objection before the learned Civil Judge that the reference made by the Land Acquisition Officer is not valid because the same has been made after the expiry of 90 days from the date of the application filed by the claimant under Section 18 of the Land Acquisition Act, 1894 (Central Act No. I of 1894) as amended by the Karnataka Act No. 17 of 1961 (hereinafter referred to as 'the Act') for making a reference to a Civil Court.2. The contention is that, after the expiry of 90 days from the date of filing an application under Section 18 of the Act, the Land Acquisition Officer ceases to have power to make a reference and thus becornes a functus officio, therefore, t...
Tag this Judgment!Kuppuswamy Gownder Vs. the State of Karnataka
Court: Karnataka
Decided on: Jul-27-1981
Reported in: 1982CriLJ90; 1981(2)KarLJ509
Nesargi, J.1. Kuppuswamy Gounder of Krishnagiri Taluk, Dharmapuri District, Tamil Nadu, State has been convicted for having committed the offences punishable under S. 302 (three counts) and S. 332 of the I.P.C.; by the III Additional City Civil and Sessions Judge, Metropolitan Area, Bangalore City, (Sri. S. V. Tilgul), in Sessions Case No. 35 of 1980. In regard to the offences under S. 302 of the I.P.C., he has been sentenced to death while in regard to the offence under S. 332 of the I.P.C., he has been sentenced to undergo rigorous imprisonment for one year. He has filed Criminal Appeal No. 215 of 1981. Criminal Referred Case No. 1 of 1981 has come up before us as having been referred by the said Sessions Judge as per the provisions of S. 366 of the I.P.C. 2. Few facts necessary for the disposal of these matters, may be narrated as follows : At about 2.00 a.m. on 9-4-1980 the said accused stabbed Narayanaswamy who expired at 11.00 p.m., Ramu who expired at 8.05 p.m., and also Sunil K...
Tag this Judgment!Madhu Trading Company Vs. International Instruments Ltd. and anr.
Court: Karnataka
Decided on: Jul-24-1981
Reported in: [1982]52CompCas305(Kar)
Chandrakantaraj Urs, J.1. This is a petition under s. 433(e) and (f) read with s. 439(1)(b) of the Companies Act, 1956 (hereinafter referred to as 'the Act'). The petitioner's case is that a sum of Rs. 22,920.53 is due by the respondent-company in respect of certain stationery supplied against the order of the respondent-company. It is stated that the petitioner had issued a statutory notice to the respondent demanding payment but the amount claimed had not been paid within the period prescribed. Therefore, the prayer is to pass order winding-up the company as it is unable to pay its debts. 2. The petition has been resisted by the respondent-company. In the objections filed, the respondent has stated that one of its employees in collusion with the petitioner committed fraud and the bills referred to in the petition have been submitted against stationery not duly delivered to the respondent-company. The respondent has further pointed out the financial soundness of the company and its ac...
Tag this Judgment!State of Karnataka and anr. Vs. M.P. Shylaja and ors.
Court: Karnataka
Decided on: Jul-24-1981
Reported in: AIR1982Kant40; ILR1981KAR873; 1981(2)KarLJ204
D.M. Chandrashekhar, C.J.1. This. is an appeal from the order 61 Puttaswamy. J., allowing Writ Petition No. 17569 of 1980. Respondents 1 and 2 therein, the State of Karnataka and the Selection Committee for admission to Government Medical Colleges and Government Seats in Medical Colleges (hereinafter referred to as the Selection Committee), have presented this appeal For the sake of convenience the parties will hereinafter be referred to according to their respective positions in the writ petition.2. The facts which led up to this appeal are briefly these: The petitioner was an applicant for admission to the M. B. B. S. Course. In her application, she described her caste as Bestar and claimed to belong to one of the Backward Tribes. Her father is a Medical Practitioner. His, income was not stated in her application. She had enclosed with her application a Caste Certificate issued by the Tahsildar certifying that she belonged to Bestar caste. The selection Committee interrogated her reg...
Tag this Judgment!Ratnaprabha Vs. Shadoksharaiah Rudrayyaswarni Malekopparnath
Court: Karnataka
Decided on: Jul-24-1981
Reported in: AIR1982Kant170
Sabhahit, J.1. These two appeals arise out of the order for maintenance D/- 14-11-1978 passed by the Civil Judge, Gadag is M. C. (Misc.) Suit No. 15 of 1976on his file awarding maintenance of Rs. 200/- per month to the erstwhile wife who applied for maintenance u/s. 25 of the Hindu Marriage Act, 1955.2. The marriage between the petitioner - Ratnaprabha and respondent Shadaksharaiah, took place on April 20, 1970 at the residence of the respondent-husband at Gadag. The said marriage was annulled by a decree passed by this Court in No. F. A. 387/73 D/- 20-2-1976. That appeal arose from out of the order passed in M. C. No. 1/1972 on the file of the Civil Judge, Gadag. This Court passed a decree for nullity of the marriage on the ground of impotency of the husband. Thereafter the petitioner-wife has been staying with her parents and she presented the petition before the learned Civil Judge, as the quondam husband failed to pay her any amount for maintenance. She claimed maintenance of Rs. 5...
Tag this Judgment!Deputy Commissioner and District Magistrate, Mysore and ors. Vs. Vidya ...
Court: Karnataka
Decided on: Jul-23-1981
Reported in: AIR1982Kant123; ILR1981KAR1289; 1981(2)KarLJ357
Malimath, J.1. The Deputy Commissioner and District Magistrate, the Superintendent of Police, Mysore District and the Circle Inspector of Police, Chamarajanagar have challenged in this appeal the order of the learned single Judge rendered in Writ Petition 9360 of 1979.2. The respondent, Sri Vidya Ganapathi Mandali, Chamarajanagar, was planning to take out Ganapathi procession for the purpose of immersion of Sri Ganapathi, on a particular route in Chamarajanagar town. The Circle Inspector of Police issued an endorsement to the respondent dated 20/21st Sept. 1978 as per Ext. D, stating that there being strong objection from the residents of Khadakpur Mohalla in Mosque Street and the Harijan Colony through which the procession was proposed to be taken and as the situation was likely to create law and order problem, it should approach the District Magistrate, Mysore and secure appropriate permission under S. 31(1)(o), Karnataka Police Act, 1963 (hereinafter referred to as the 'Act') before...
Tag this Judgment!Shivangouda Basangouda Patil Vs. Muttayya Danayya Chikkamath and ors.
Court: Karnataka
Decided on: Jul-23-1981
Reported in: AIR1982Kant152; [1983]54CompCas545(Kar); 1981(2)KarLJ592
Sabhahit, J.1. This appeal by the claimant injured is directed against the judgment and award dated 1-2-1980, passed by the Motor Accidents Claims Tribunal, Dharwad, in M. V. C. No. 1961 ,1978 on its file, awarding compensation of Rs. 11,000/- to him.2. As a result of the accident that occurred on 14-5-1978 in Hanagal, at about 2 p. m., the claimant sustained fracture of the shoulder bone, mandible, in addition to other injuries of minor nature. After he was treated in the hospital, for a month, his mandible was set right by operating on him and fixing the wire to the jaw. Even after the said treatment claimant is now left with disfigurement of face and he complains that he cannot chew hard substance as before. It is also found by the Tribunal that the pinna of his left ear is disfigured being cut off. The Tribunal no doubt has awarded compensation of Rs. 10,000/- as general damages i. e., Rs. 5,000/- towards pain and suffering and another Rs. 5,000/- towards injury. But it has not tak...
Tag this Judgment!Grace Jayamani Vs. E.P. Peter
Court: Karnataka
Decided on: Jul-17-1981
Reported in: AIR1982Kant46; ILR1982KAR196
Sabhahit, J.1. This reference under S. 17 of the Indian Divorce Act. 1869 is by the District Judge. Dakshina Kannada, Mangalore in Matrimonial Case No. 3 of 1979 on his file.2. Smt. Grace Jayamani presented a petition to the District Judge. Dakshina Kannada. Mangalore. under S. 10 of the Indian Divorce Act for dissolution of the marriage of the petitioner with the respondent, Sri E. P. Peter and for grant of a decree of divorce. She averred in the petition thus:The petitioner and the respondent belong to Protestant Christian community and profess the said religion. They were married on 4-11-1971 at Shanthi Cathedral, Balmatta, Mangalore, according to the customs prevailing in their community. From the date of the marriage, according to the petitioner, her life with the respondent has been one of misery, brutality and cruelty. The Respondent, husband has been forcing her for sexual intercourse in an unnatural way. His treatment to her is one of brutality. Even when she was suffering fro...
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