Karnataka Court July 1985 Judgments
N.G.E.F. Ltd. Vs. Collector of Central Excise, Bangalore
Court: Karnataka
Decided on: Jul-17-1985
Reported in: 1985(6)ECC68; 1986(6)LC127(Karnataka); 1985(22)ELT705(Kar); [1986]160ITR829(KAR); [1986]160ITR829(Karn)
1. The petitioner - M/s. N.G.E.F. Ltd. a Government of Karnataka undertaking, has challenged the Endorsement issued by the Asst. Collector, Central Excise, East Division, Bangalore, dated 18-7-1981 (Anx-E). 2. The petitioner-company manufactures essentially among other products - electrical motors. In the manufacture of electric motors, electrical stamping are used in the manufacture of die-cast-rotors which go in the manufacture of the end product, namely, electric motors. 3. The petitioner was permitted to avail of the proforma credit under Rule 56A of the Central Excise Rules, 1944, (Rules) in respect of the electrical stampings used in the manufacture of electric motors. The petitioner-company itself used to manufacture die-cast-rotors which are necessary for the electric motors. It so happened that during 1981-82 it did not have the necessary capacity to manufacture die-cast-rotors sufficient for the manufacture of the required number of electrical motors. In these circumstances, ...
Tag this Judgment!General Manager, Ksrtc Vs. Bhavani Bai
Court: Karnataka
Decided on: Jul-17-1985
Reported in: ILR1987KAR301
Venkatachaliah, J.1. This appeal by the Karnataka State Road Transport Corporation (K.S.R.T.C.) arises out of and is directed against the award dated 18-12 1982, made in M.V.C. 163 of 1981, on the file of the Motor Accidents Claims Tribunal, Bangalore City, awarding a compensation of Rs. 60,000/- to the mother of the deceased person in a fatal accident's action.2. H.T. Suresh, aged 24 years, a Goldsmith by profession died as a result of the injuries in an accident that occurred at 12.30 P.M., on 24-6-1981 a few Kilometers from Bangalore on the Bangalore-Mysore road involving appellant's Bus MYF 847. It was alleged that, at the time of the accident, the bus, which was plying on Route No. 57, was on a down-gradient and while over-taking a bullock-cart dashed against the bullock-cart in the first-instance and also knocked down and fan-over Suresh, who was riding his bicycle ahead of the bullock-cart. Suresh died on the spot. He was un-married. Bhavani Bai, his mother, brought the present ...
Tag this Judgment!Jagadeeshmitra Suri Vs. Anant Shankar Limaye and T.Y. Habib
Court: Karnataka
Decided on: Jul-17-1985
Reported in: ILR1985KAR2889
ORDERChandrakantaraj Urs, J.1. This is a tenant's Revision Petition under Section 115 of the C.P.C. It is directed against the order dated 5-1-1982 of the I Additional District Judge, Dharwar, made in CRP. No. 65/1980 on his file.2. The facts of the case may be briefly stated and they are as follows : The respondent-landlord is the owner of the petition schedule premises situate in Neeli Gin Galli of Hubli. The petitioner is the tenant carrying on in the said premises his occupation as dealer in automobile spares. The landlord presented a petition for eviction under the provisions of the Karnataka Rent Control Act, 1961,(hereinafter referred to as the Act) in HRC. No 139/1976 in the Court of the Principal Munsiff, Hubli, inter alia contending that the tenant was liable for eviction on the grounds of non payment of arrears of rent; that he had erected somepermanent structure without the consent of the landlord; that it was required for demolition and reconstruction and also for his own ...
Tag this Judgment!General Manager, K.S.R.T.C. Vs. Bhavani Bai
Court: Karnataka
Decided on: Jul-17-1985
Reported in: II(1987)ACC506
Venkatachaliah, J.1. This appeal by the Karnataka State Road Transport Corporation (K.S.R.T.C.) arises out of and is directed against the award dated 18-12-1982, made in M.V.C. 163 of 1981, on the file of the Motor Accidents Claims Tribunal, Bangalore City, awarding a compensation of Rs. 60,000/- to the mother of the deceased-person in a fatal accident's action.2. H.T. Suresh, aged 24 years, a Goldsmith by profession died as a result of the injuries in an accident that occurred at 12.30 P.M., on 24-6-1981 a few Kilometers from Bangalore on the Bangalore-Mysore road involving appellant's Bus MYF 847. It was alleged that, at the time of the accident, the bus, which was plying on Route No. 57, was on a down-gradient and while over-taking a bullock-cart dashed against the bullock-cart in the first-instance and also knocked down and ran-over Suresti, who was riding his bicycle ahead of the bullock-cart. Suresh died on the spot. He was un-married. Bhawani Bai, his mother, brought the present...
Tag this Judgment!Dena Bank, Hubli and anr. Vs. Special Deputy Commissioner, Dharwad and ...
Court: Karnataka
Decided on: Jul-16-1985
Reported in: AIR1986Kant188; ILR1985KAR4065
ORDER1. The petitioner Dena Bank, in this proceeding, is represented by its Principal Officer at the Branch Office at Hubli. The Bank is aggrieved by an order dt. 22-12-1983 made by the House Rent and Accommodation Controller, Dharwad in proceedings under S. 10A of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the 'Ace), by which premises No. 103 situated in Hubli within the limits of Hubli-Dharwad Municipal Corporation was held to be vacant and therefore liable to be allotted in accordance with the provisions contained in Part II of the Act and further that the Bank, was in unauthorised occupation of the said premises not being a tenant, Further, the Controller held that one of the officials of the Bank, namely, the Manager was in unauthorised occupation of the premises in question without the same being allotted by the Controller in accordance with the provisions of the Act. Aggrieved by that, the said officer Bank Manager went up in appeal to the Deputy Commission...
Tag this Judgment!Md. Abdul Waheed Vs. K.S.R.T.C.
Court: Karnataka
Decided on: Jul-16-1985
Reported in: ILR1985KAR3502
ORDERKulkarni, J.1. This is a revision by the petitioner against the order dated 8-9-1982 passed by the District Judge, Gulbarga, is Misc. Appeal No. 62 of 1980 reversing the order dated 24-10-1980 passed by the Chief Judicial Magistrate, Gulbarga, in Criminal Miscellaneous No. 1/4/1980 directing the Karnataka State Road Transport Corporation to pay to the petitioner wages for the period from 1-5-1972 to 2-10-1973.2. The petitioner was working as a Conductor in the Karnataka State Road Transport Corporation(herein after referred to as 'the Corporation'. He was dismissed from service on 1-5-1972 by the Divisional Controller, Gulbarga. The petitioner approached the General Manager with an appeal. The General Manager confirmed the order ofdismissal and dismissed the appeal filed before him. The petitioner approached the next Appellate Authority i.e. the Vice Chairman. The Vice Chairman of the Corporation partly allowed the appeal on 1-9-1973 and ordered that thepetitioner be taken as a Ba...
Tag this Judgment!Neelakantappa Vs. Ambamma
Court: Karnataka
Decided on: Jul-16-1985
Reported in: ILR1985KAR3969; 1986(1)KarLJ41
ORDERKudoor, J.1. This Criminal Revision Petition one under Section 397 of the Code of Criminal Procedure (the Code) is directed against the order dated 21-1-1984 passed by the Sessions Judge at Raichur in Cr.R.P.No. 5/81 in allowing the revision and setting aside the order dated 11-12-1980 passed by the J.M.F.C, Sindhanoor, in Cr. Misc. No. 30/77 and directing the learned Magistrate to dispose of the petition filed by the respondent Ambamma under Section 125 of the Code claiming maintenance against the petitioner Neelakantappa on merits on the basis that the respondent had proved that she was the legally wedded wife of the petitioner.2. I shall refer to the parties in the course of this order as they were arrayed in the Court of the first instance.3. The matter arises in this way :The petitioner Ambamma filed a petition under Section 125 of the Code for the grant of maintenance at the rate of Rs.300/- per month against the respondent on the ground that she was the legally wedded wife ...
Tag this Judgment!Budan Sab and ors. Vs. M.S. Sharadamma and ors.
Court: Karnataka
Decided on: Jul-15-1985
Reported in: AIR1986Kant198; ILR1985KAR2921
ORDER1. These revision petitions are disposed of by a common order as the landlords in all these petitions are common and the tenants are the occupants of a part of a composite premises.2. Heard the learned Counsel for the petitioners and the respondents. Respondents are the legal representatives of the original owner - landlord. The revision is sought under S. 50(l) of the Karnataka Rent Control Act. The original landlord moved the Rent Controller for fixation of fair rent in respect of the petition premises (non-residential) for enhancement of rent. Petitioners are paying Rs.85, 85 and 90 respectively per month as rent for the premises occupied by each of them. They carry on non-residential activities there. They resisted the enhancement on the ground that there was no justification for enhancing the rent. The Rent Controller after hearing the Counsel for the parties before him proceeded to fix the rent by increasing 100% which is the maximum permissible under the Act for non-residen...
Tag this Judgment!Girija Sheshu Vs. Bangalore University
Court: Karnataka
Decided on: Jul-15-1985
Reported in: ILR1986KAR3276
ORDERChandrakantaraj Urs, J.1. Petitioner Girija Seshu applied to the Bangalore University - respondent-1 herein - claiming admission to Master's Degree Course in Music leading to a Degree of Master of Arts. That was in the academic year 1983-84. With reference to that application of hers, by an endorsement dated 2-9-1983 she was informed by the Head of the Department of Dance, Drama and Music of respondent-1 University that she should appear before him at 11 a. m. on 13-9-1983 with all the original documents. That she so appeared is not in dispute at all. After that interview, she was admitted to the course provisionally. That is also not in dispute. It was only on 17-5-84 at the end of the academic year 1983-84 she was informed that she must be discharged from the Department because she had not secured the required percentage of marks at degree level. Soon thereafter, the petitioner made a representation dated 21-5-1984 setting out in detail her claims to have been properly admitted....
Tag this Judgment!Narayana Govind Anikhindi Vs. Venugopal Sitaram Sarada
Court: Karnataka
Decided on: Jul-15-1985
Reported in: ILR1985KAR2916; 1986(1)KarLJ314
ORDERChandrakantaraj Urs, J.1. This is a landlord's Revision under Section 115 of the Civil Procedure Code and is directed against the order and decree dated 2-9-1983 passed by the District Judge, Bijapur, in Civil Revision Petition No. 33 of 1980 on his file. That matter came before him under sub section (2) of Section 50 of the Karnataka Rent Control Act, 1961. Thepetitioner landlord initiated eviction proceedings in the Court of the Munsiff at Jamakhandi on the ground that the petition premises in question was required for demolition and re-construction as the building was more than 100 years old and in the year 1974 in the month of October or thereafter, a portion of building's ceiling had collapsed.2. It would be useful to state the undisputed facts. In the interregnum following the collapse in October 1976 and the presentation of the petition by the landlord for eviction under the Rent Control Act in the Court of the Munsiff, Jamkhandi, in July 1975, there was some negotiation be...
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