Karnataka Court January 1982 Judgments
Mysore Sugar Co. Ltd. Vs. Manohar Metal Industries
Court: Karnataka
Decided on: Jan-12-1982
Reported in: AIR1982Kant283; ILR1982KAR1203; 1982(2)KarLJ49
1. This appeal by the plaintiff is directed against the judgment and decree dated 23-9-1974 passed by the Principal Civil Judge, Bangalore City, in R. A. No 139 of 1973 on his file allowing the appeal on reversing the judgment and decree dated 28-2-1973 passed by the IV Addl. I Munsiff, Bangalore, in O. S. No. 609 of 1968 on his file decreeing the suit of the plaintiff as prayed for.2. The Mysore Sugar Company, the plaintiff in the suit, advertised for sale of certain items like copper ingots, copper scraps as well as brass tubes available with the company at Mandya by its notification dated 27th July, 1966. The defendant offered to purchase the same by his letter dated 30-6-1966. The plaintiff accepted the offer of the defendant to purchase the various items and it thereafter, the defendant lifted certain items on part-payment and when it came to lifting of copper ingots, he sought for time to pay the balance and to remove the same separating it from other things with which it was mix...
Tag this Judgment!Hanuman Traders Vs. the Commercial Tax Officer, Intelligence-ii, Banga ...
Court: Karnataka
Decided on: Jan-11-1982
Reported in: 1982(1)KarLJ455; [1982]51STC76(Kar)
ORDERChandrakantaraj Urs, J.1. This writ petition under article 226 of the Constitution is directed against the search and seizure conducted by the respondent, inter alia, contending that the search is without jurisdiction, contrary to the express provisions of law, and therefore, illegal. In the result, the petitioner has prayed for quashing of the seizure order which is at exhibit-A to the petition and also for issue of a writ of mandamus to the respondent directing him to return all books of account and other documents seized under exhibit-A above. 2. The facts leading to the filing of the petition may be briefly stated as follows : 3. The petitioner-Hanuman Traders, Huliyar Road, Hiriyur, is a registered partnership firm and in these proceedings is represented by one of the partners M. H. Anjanappa. The petitioner-firm is a dealer under the Karnataka Sales Tax Act (hereinafter referred to as the Act). The firm is assessed by the Assistant Commissioner of Commercial Taxes, Assessmen...
Tag this Judgment!Noor Abdul Jaleel Vs. V. Achuthan
Court: Karnataka
Decided on: Jan-07-1982
Reported in: AIR1982Kant237; ILR1982KAR709
Jagannatha Shetty, J.1.This appeal by the first defendant has beer, preferred against the judgment and decree Dt. Mar. 5, 1974 made in O. S. No. 1 of 1973 by the District Judge at Chickmagalur.The facts are shortly as follows:-2. V. Achutan, the plaintiff, instituted a suit for recovery of a sum of Rs. 23,700/- with interest payable thereon. The suit was based on a settled account as between the parties. The suit was originally brought against defendants 1 to 5 but subsequently it was withdrawn against defendants 2 to 5. The plaintiff alleged that defendant 1 for the purpose of maintaining his estate called 'Hosangadi Estate' and for his family necessity had several transactions and maintained accounts with the plaintiff from 1964 to 1968 and finally the accounts were settled and outstanding balance was struck on Nov. 22, 1968. Defendant-1 thereunder signed acknowledging his liability to pay the balance, but failed to pay despite repeated demands.3. Defendant-1 who resisted the suit, d...
Tag this Judgment!Civil Rights Vigilance Committee, S.L.S.R.C. College of Law, Bangalore ...
Court: Karnataka
Decided on: Jan-06-1982
Reported in: AIR1983Kant85; 1982(2)KarLJ208
Venkatachala, J.1. This appeal is from the order of Bopanna, J., dismissing writ petition No.25534 of 1981. The petitioner therein, namely, Civil Rights Vigilance Committee, has presented this appeal and for the sake of convenience, it will herein after be referred to as 'the' Civil Rights Committee'.2. The material facts, leading up to this appeal, are briefly these : Geof Boycott and Geof Cook are two cricket players who are citizens of the United Kingdom. Marylbourne Cricket Club (M.C.C.) included them in its team scheduled to visit India between November 1941 and February 1982 to play six test matches and other matches at different places in India. As to whether the Government of India should allow that English Cricket Team which included Boycott and Cook to visit India and to play cricket matches, despite their links with South Africa which is practising policy of apart held became the subject matter of controversy both in India and outside. However, the Government of India allowe...
Tag this Judgment!Gregory Joseph Salvador Pais Vs. Melba Dolores Pais
Court: Karnataka
Decided on: Jan-05-1982
Reported in: AIR1982Kant251
Sabhahit, J.1. This Appeal by the husband is directed against the judgment and decree dated 29-5-1978 passed by the Third Additional District Judge, Bangalore, in Matrimonial Case No. 10 of 1973, on his file, allowing the petition of the wife Mrs. Melba Dolores Pais for judicial separation and for custody of children, instituted Under Ss. 22 and 23 read with S. 41 of the Indian Divorce Act, 1869, (here in after referred to as the Act).2. The relevant petition averments in brief are as follows:The petitioner and the respondent in the petition are Indian Christians. They were married on 21-8-19,61 in h1flagres Church. Mangalore, and. they last resided together at 25A, Magrath Road, Civil station, Bangalore. They have three sons born out of wedlock.The Petitioner and the respondent were not known to each other prior to their marriage. The engagement ceremony in respect of the marriage look place on 21-8-1961. Since marriage, their life has not been smooth and happy. The in-laws of the pet...
Tag this Judgment!R.S. Manual Raju Vs. Mary Sara
Court: Karnataka
Decided on: Jan-04-1982
Reported in: AIR1982Kant235; ILR1982KAR491; 1982(1)KarLJ344
G.N. Sabhahit, J.1. This is a reference made by the Principal Civil Judge, Shimoga, for confirming the order for judicial separation passed by him on 13-3-1981 in Matrimonial Case No. 33 of 1980, on his file.2. The husband, who was the petitioner before the learned Civil Judge made an application under Section 22 of the Divorce Act, 1869 (to be referred to as 'the Act') praying for judicial separation from his wife, the respondent in the petition. The learned Civil Judge has allowed the petition. He has, however, in the course of his final order, stated:'The application is allowed. The case be sent to the High Court of Karnataka as provided under the Divorce Act for confirmation.'3. It is obvious that the learned Civil Judge has not cared to look into the provisions of the Act. There are only two sections in the Act which provide for confirmation of the order passed by the Civil Judge or the District Judge, as the case may be, and they are Sections 17 and 20.4. Section 17 of the Act re...
Tag this Judgment!Kamadenu Enterprises Vs. Vivek Textile Mills Pvt. Ltd.
Court: Karnataka
Decided on: Jan-01-1982
Reported in: [1984]55CompCas68(Kar)
Chandrakantaraj Urs, J.1. This is a petition under s. 433(e) and (f) of the Companies Act, 1956 (hereinafter referred to as 'the Act'). The petitioner is a registered firm under the Partnership Act. The petitioner-firm is a dealer in chemicals. The petitioner-firm has alleged that it supplied on various dates commencing from November 6, 1979, till December 27, 1979, chemicals to the respondent-company amounting to Rs. 35,180.60. It is further alleged that a sum of Rs. 17,700 in respect of various invoices has been paid and the balance has not been paid in spite of a statutory notice issued. Therefore, the present petition seeking a winding up of the respondent-company as it is unable to pay its debts. 2. The petition is resisted by the respondent-company on the ground that the claim of the petitioner-firm is not tenable to a large extent; that the respondent-company is liable to pay only the sum of Rs. 8,237.30; that the petitioner-firm was informed of this position as far back as Janu...
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