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Karnataka Court February 1985 Judgments

Feb 08 1985

R. Siddananjappa Vs. State of Karnataka

Court: Karnataka

Decided on: Feb-08-1985

Reported in: ILR1985KAR2631; 1985(1)KarLJ237

ORDERPutlaswamy, J.1.In this Petition under Article 226 of the Constitution, the petitioner has challenged order No. HD 44 CNL 84 dated l0-10-1984 (Annexure D) of Government.2. On 6-12-1980 the petitioner made an application before the District Magistrate, Bangalore District, Bangalore ('DM') for grant of a 'No Objection Certificate' ('NOC') under the Karnataka Cinemas (Regulation) Act of 1964 and the Karnataka Cinemas (Regulation) Rules of 1971 ('the Act and the Rules') for locating a touring cinema on Sy.No. 186 of Koramangala village, Bangalore South Taluk, On receipt of the said application, the DM duly notified the same calling for representations and objections in response to which Respondents 3 and 4, the applicants in I.A. No.l and some others filed their objections opposing the NOC on diverse grounds. On an examination of the objections filed and the reports received by him, the DM by his order dated 29-6-1981 rejected the same, which on an appeal filed by the petitioner was a...

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Feb 08 1985

Bhoruka Textiles Vs. State of Karnataka

Court: Karnataka

Decided on: Feb-08-1985

Reported in: ILR1985KAR3710

ORDERPuttaswamy, J.1. Bhoruka Textiles, a unit of Transport Corporation of India Ltd., a public limited company incorporated under the Indian Companies Act, the petitioner before this Court has established a textile factory on Sy. No. 125 of Sattur village, situated within the territorial area ofHubli-Dharwad Municipal Corporation (The Corporation). The Corporation originally constituted under the Bombay ProvincialMunicipal Corporation Act, 1949 (Bombay Act) is now governed by the uniform Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14/1977) (Corporation Act) from 1-6-1977 from which day, the Bombay Act stood repealed in the Bombay area of new State of Karnataka.2. Under the Bombay Act that was then in force, the Corporation, with the previous sanction of Government, making appropriate amendments to its bye laws and orders, the first one in No. LMA 158 MNY 67 dated 20-1-1968 (Annexure-B) and the second one in Order No. HMA 481 MNY 75 dated 9th June 1976 (Annexure-A), exemp...

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Feb 07 1985

Nanjundaradhya Vs. Enquiry Authority

Court: Karnataka

Decided on: Feb-07-1985

Reported in: ILR1985KAR3331

ORDERRama Jois, J.1. The petitioner, a technician in the Railway Department of the Central Government, has questioned the legality of the order by which he was removed from service which order was confirmed in appeal but modified in revision only to the extent of taking him back to service as a fresh entrant.2. The facts of the case, in brief, are as follows : During the year 1974, the petitioner was working as an Artisan Grade II at Mysore Railway Workshop. A departmental inquiry was instituted against him on the following charge-'That the said Sri N. S. Nanjundaradhya, T. No. 1442 Electrical Shop CWS MYSS while functioning as highly skilled Artisan Grade II under Train lighting side dealing with volts supply system committed a malicious and inhuman intentional mischief, in that on 25-5-1974 at 0-750 hours during the course of his allotted POH work in the coach VPU 4887 stabled at the corner end of the point shop by manipulating the AC power supply 230 Volts from the nearest supply po...

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Feb 05 1985

K.R. Varadaraja Iyengar Vs. T. Lakshminarayana Setty

Court: Karnataka

Decided on: Feb-05-1985

Reported in: ILR1985KAR1268; 1985(2)KarLJ89

Urs, J. 1. Both the above appeals are directed against the Judgment and Decree of the then Second Additional Civil Judge, Bangalore, in 0. S. No. 274 of 1964 disposed of on July 19, 1974. 2. R. F. A. No. 67 of 1975 is preferred by the legal representatives of defendant-15, who died during the pendency of the litigation, in the Court below. R. F. A. No. 122 of 1975 is preferred by defendant-12 in the said suit. 3. The facts leading to the above mentioned suit may be briefly stated as follows: Defendants 1 and 2 one Annaiyappa and B. N. Ramaiah, on July 9, 1949, executed a deed of simple mortgage in favour of one T. Lakshminarayana Setty for valuable consideration of Rs. 30,000/- agreeing to pay interest at 12% p.a. Before the registration of the deed of mortgage, the said defendants 1 and 2 sold part of the mortgaged property to defendants, among others, by separate sale deeds on July 21, 1949. On that day, the deed of simple mortgage earlier executed in favour of T. Lakshminarayana Set...

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Feb 04 1985

Virupaksha Gowda Vs. A.N. Patil and ors.

Court: Karnataka

Decided on: Feb-04-1985

Reported in: 1985(1)KarLJ339

ORDER1. In this petition under Arts. 226 and 227 of the Constitution, the petitioner has sought for quashing the order D/- 10-6-1983, passed by the Returning Officer (respondent 1) rejecting the nomination paper filed by the petitioner for contesting the election to the membership of the Agricultural Produce Market Committee, Kundagol, from Agriculturists Constituency. Respondent 1 has rejected the nomination paper of the petitioner on the ground that the petitioner has not paid the dues within the stipulated time as per S. 160(i), Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (for short, the 'Act').2. It is not possible to grant the relief sought for in this petition. There was no interim order granted. As a result thereof, the election has taken place. After the election, the petitioner ought to have challenged the same under the provisions of the Act, as there is a specific provision contained in the Act for challenging the election.3. It is submitted by Sri C. M. ...

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Feb 04 1985

Krishna Bhat Vs. Deputy Registrar of Co-operative Societies

Court: Karnataka

Decided on: Feb-04-1985

Reported in: ILR1987KAR702; 1985(1)KarLJ326

ORDERRama Jois, J.1. The petitioners who were members of the Managing Committee of the Ainekkidu Subrahmanya Seva Sahakari Bank Ltd., a co-operative society functioning under the provisions of the Karnataka Co-operative Societies Act, 1959 ('the Act' for short) have sought for the issue of a writ of mandamus directing Respondents 1 to 4 to give effect to the order of the Deputy Registrar of Co-operative Societies, Mangalore, dated 4-1-1984 in which he directed that the petitioners should be reinstated as members of the Managing Committee of the society.2. The facts and circumstances of the case are as follows: Ainekkidu Subrahmanya Seva Sahakari Bank, Ltd., is a society functioning under the provisions of the Act. In the election to the Board of Directors of the Bank held on 28-8-1983, the two petitioners were among others who were elected as Directors of the Bank. On 25-10-1983 a notice was issued to the petitioners vide Annexure-C in which they were informed that as they had failed t...

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Feb 01 1985

K.S.R.T.C. vs. R.T.a.

Court: Karnataka

Decided on: Feb-01-1985

Reported in: ILR1985KAR3311

ORDERK.A. Swami, J.1. Respondent No. 2 bas entered appearance through Sri R. N. Narasimha Murthy, Advocate. The third Respondent has entered caveat through Sri C. S. Shanthamallappa, Advocate. Sri S. Udayashankar, Learned Government Pleader is directed to take notice for the first Respondent. Copies of the Petitions are also furnished to Learned Government Pleader.2. In these Petitions under Articles 226 and 227 of the Constitution, the State Transport undertaking i.e. Karnataka State Read Transport Corporation (hereinafter referred to as the 'K.S.R.T.C.') has sought for quashing the resolution dated 5-1-1985, passed by the first Respondent, in Subject Nos. 101 and 306 of 1984-85, recording a finding that the routes applied for by Respondents 2 and 3 do not overlap the notified routes included in the approved Kolar Pocket Scheme. Consequent to the recording of the aforesaid finding, the first Respondent has posted the applications for consideration on merits on the 2nd of February, 198...

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