Karnataka Court October 1986 Judgments

Life Insurance Corporation of India Vs. Devendrappa Bujjappa Kadabi an ...

Court: Karnataka

Reported in: AIR1987Kant129; ILR1986KAR3759

K.A. Swami, J. 1. This plaintiffs appeal is preferred against the judgment and decree dated 31st January, 1972 passed by the learned District Judge, Dharwad, in Civil Appeal No. 290 of 1964 reversing the preliminary decree dated 29-9-1964 passed by the learned Civil judge, Dharwad, in Special Suit No. 4 of 19621. The trial Court passed a preliminary decree for recovery of a sum of Rs. 18,591-59 p. together with interest and costs. The lower appellate Court has set aside the decree passed by the trial Court and dismissed the suit as brought by the plaintiff-Corporation.2. The appeal is referred to a Division Bench having regard to the importance of the question of law arising for consideration.The appellant - the Life Insurance Corporation of India ('Corporation' for short) - is the plaintiff in the suit. Respondents are the defendants. Respondent-1 died during the pendency of the appeal. His legal representatives are brought on record as respondent-I (a) to t (e). The parties will here...

T.R.N. Swamy Vs. Director of Mines and Geology

Court: Karnataka

Reported in: ILR1987KAR262

ORDERMurlidher Rao, J.1. Petitioner has filed these two petitions. Common set of facts have given rise to two causes of action. Reliefs asked for are separate but concerning a common transaction.Facts :Petitioner applied for grant of quarry lease in an area of 280 acres in S. No. 421 of Maralkuppa Village in Kanakapura taluk. The application was filed on 3-12-1981, for 'GREY GNEISS'. The Deputy Director of Mines and Geology, being the competent officer, granted by 150 acres and in pursuance thereof, lease deed was executed on 15-5-1982. In the lease deed, the mineral was mentioned as 'GREY GRANITE' instead of 'GREY GNEISS' as sought for by the petitioner. Petitioner commenced his operations.2. After one year, petitioner, realising the discrepancy, applied for rectification of mineral in the lease deed. He contended that he had applied for 'GREY GNEISS' and that is the mineral found in the quarry, therefore, 'GREY GRANITE' which is mentioned in the lease deed, having not been found in t...

Basti Venkatesh Shanthappa Shanbogue Vs. Narasimha Kamath

Court: Karnataka

Reported in: ILR1986KAR4172

Kulkarni, J.1. The L. Rs. of the deceased defendant No. 3 have preferred this second appeal against the judgment and decree dated 17-2-1976 passed by the Additional District Judge, South Kanara, Mangalore, in R. A. No. 6 of 1974 reversing the judgment and decree dated 17-4-1974 passed by the Civil Judge, Mangalore, in O. S. No. 88 of 1971 dismissing the suit.2. The parties have been referred to for the sake of convenience, with reference to their position in the trial Court.3. The relevant genealogy is as below :-- Hundi Manjunath Kamath ___________________________________|______________________________________ | | | | | | H. Venkatesh H. Vaman H. Janardhan H. Purushothama H. Rama H. Narasimha Kamath Kamath Kamath Purushothama Kamath Kamath (issue less) (issue less) | Kamath | | | | | | | Annappa Kamath | Ganapathi Kamath (died in 1961) | (D-1) | | | | | _________|_____________ Manjunath Kamath | | | (died in 1958) | Venkatesh Narasimha | Kamath Kamath | (D-2) (plaintiff) _____________...

Syndicate Bank Vs. Pundalika Nayak

Court: Karnataka

ORDERKulkarni, J.1. This is a revision by the petitioner-decree-holder-auction purchaser against the order dated 29th March, 1983, passed by the 1st Additional Civil Judge, Mangalore, in Misc. Case No. 19 of 1982 and on I. A. No 1 filed in Execution Case No. 129 of 1978, dismissing them bath.2. There was a partition between G. Madhava Nayak and the other members of his family including respondents-1 and 2 as per the registered duplicate partition deed Exhibit D2 and Exhibit P13 dated 23-6-1967. In that partition, the suit properties had fallen to the share of respondents-1 and 2. Respondents-1 and 2 effected an equitable mortgage in respect of the suit property in favour of Vijaya Bank as per Exhibit D1 dated 5-11-1971. While effecting the equitable mortgage as above, respondents-1 and 2 produced the duplicate partition deed Exhibit D2 dated 23-6-1967 and other documents by way of security for the loan advanced by the Vijaya Bank to them. The Vijaya Bank filed a suit in O. S. No. 109 o...

Shivaram Vs. Kashiraya Devanagouda Patil

Court: Karnataka

Reported in: ILR1987KAR287

ORDERDoddakale Gowda, J. 1. In an election held on 4-8-1983 for Chairmanship of Agricultural Produce Marketing Committee (hereinafter referred to as 'APMC'), Bijapur, petitioner and first respondent were contestants; second respondent-Tahsildar, Bijapur was the Returning Officer. Petitioner secured 8 votes, whereas first respondent secured 7 votes. But on objection raised by first respondent, one of the ballot papers marked in favour of petitioner was rejected on the ground that marking is not with instrument provided, but with a ball pen. Resultant position was, both secured 7 each and luck having favoured first respondent in lots drawn, he was declared elected.2. Election Petition No. 1 of 1983 filed by petitioner challenging the validity of declaration of result of election has been dismissed by learned District Judge, Bijapur holding rejection as valid. It is the validity of an order, dated 6-8-1984 passed by the District Judge dismissing election petition as well as declaration of...

Bhawarlal Vs. Mahmad HussaIn Sab

Court: Karnataka

Reported in: ILR1986KAR4130

ORDERKulkarni, J.1. Both the Advocates submitted that the revision itself may be heard finally on merits. Accordingly arguments are heard and the revision is disposed of.2. The respondent- landlord filed an eviction petition in in H.R.C. 8 of 1979 on the file of the Munsiff, Hospet, against the revision petitioner under Section 21(1) (b) and (j) of the Karnataka Rent Control Act. The Munsiff dismissed the said H.R C. case on 5-9-1983. The respondent, being aggrieved by that order, approached the District Judge with H. R. C. Revision 21 of 1983. The District Judge, Bellary, on 7-8-1985 set aside the order passed by the Munsiff and ordered eviction and gave time to the tenant till 30th April 1986 to vacate. It appears that the revision petitioner, being aggrieved by that older, filed on 15-4-1986 a revision petition in C.R.P. 1926 of 1986 in this Court.3. The Civil Courts were closed for summer vacation for the period from 21-4-1986 to 25-5-1986(both days inclusive). During the vacation ...

Karnataka Central Cooperative Bank Ltd. Vs. Karpi

Court: Karnataka

Reported in: ILR1986KAR3794; (1987)ILLJ179Kant

ORDER1. This is a revision by the Karnataka Central Co-operative Bank Ltd, against the order dated 14th April, 1980 passed by the District Judge, Dharwad, in M.A. No. 55/79 setting aside the order of the Appointment Authority under the Payment of Wages Act and remanding the matter for disposal according to law and on merits. 2. The respondent is an employee under the revision petitioner. Disciplinary action was started against the respondent by the revision petitioner and he was kept under suspension. It ordered payment of one-fourth of basic salary as subsistence allowance to the respondent. The respondent, being aggrieved by the award of one-fourth of basic salary as subsistence allowance, filed an application under Section 15(2) of the Payment of Wages Act, 1936 (hereinafter referred to as 'the Act') before the Authority concerned alleging that he was entitled to the full salary and that payment of one fourth of the basic salary as subsistence allowance was bad and that it amounted ...

Chikkabasavaiah Vs. State of Karnataka

Court: Karnataka

Reported in: ILR1987KAR169

ORDERK. A. Swami, J.1. In Writ Petitions 42622 of 1982, 42149 to 42152 of 1982; and 11983/83, Final Gradation List of Assistants in the Karnataka Government Secretariat published as on 1-1-1980, is challenged.2. However, in W.P. 11983/83, the petitioners have sought for amendment of the petition, so as to have the Final Gradation List of the aforesaid Assistants prepared as on 1-1-1986 quashed The amendment sought for by them has been allowed and necessary parties have also been impleaded. Sri G.S Visweswara, learned Counsel for petitioners in W.Ps. 14089 & 14090 of 1986 in which the final gradation list of the aforesaid Assistants published as an 1-1-1986 is challenged, appears for the additional respondents impleaded in W.P. 11983 of 1983, The petitioners in W. Ps, 14089 & 14090 of 1986 and 11983/83 belong to the category of Direct Recruits; whereas the petitioners in other Writ Petitions belong to the category of promotees.3. As the questions involved in W. Ps. 14089 & 14090 of 1986...

Chikkeeraiah Vs. Basappa

Court: Karnataka

Reported in: ILR1986KAR3549

ORDERKulkarni, J.1. This is a revision by the judgment debtor against the order dated 26-9 1981 passed by the Munsiff, Tiptur, in Ex No. 1.12/1979 dismissing LA. III filed by the judgment-debtor under Section 11(2) of the Karnataka Debt Relief Act, 1980(hereinafter referred to as the 'Act').2. It is undisputed that the judgment debtor had filed an application under the provisions of Karnataka Debt Relief Ordinance 1979 (hereinafter referred to as the ('Ordinance') alleging that he was a 'small farmer' within the meaning of the Ordinance and that his debt stood wiped-off. It was held that he was not a 'small farmer' as he held more than one unit of land and taking this view, the application was dismissed. Thereafter, the Karnataka Debt Relief Act, 1980 was brought into force. The Act repealed the 1979 Ordinance. 'Small Farmer' as defined in the Ordinance reads as follows :'Small farmer' means a person who on the date of commencement of this ordinance holds whether as owner, tenant, or m...