Karnataka Court January 1987 Judgments
Gujjala Hanumanthappa and ors. Vs. S. Bala Rangaiah
Court: Karnataka
Decided on: Jan-30-1987
Reported in: AIR1987Kant285; ILR1987KAR1201
ORDER1. This is a defendants' revision against the judgment and decree dated 27th July, 1985 passed by the Civil Judge, Hospet, in R. A. 16/82 affirming the judgment and decree dated 19th Oct. 1982 passed by the Munsiff, Hospet, in O. S. 3/82, decreeing the suit.2. The plaintiff filed the suit alleging that the defendants on receiving Rs. 2000/- from him on 15-11-79 and agreeing to pay interest at 18% per annum, executed the suit pronote and also agreed to supply flowers raised by them to the plaintiff who is a wholesale dealer in flowers. It was agreed that the plaintiff should deduct the amount advanced by him for the supply of flowers to him. As the defendants failed to supply the flowers no amount could be adjusted. The defendants, notwithstanding many requests, did not return the money. Hence, the suit.3. The defendants resisted the suit.4. The trial court decreed the suit.5. The defendants' appeal to the lower appellate court proved abortive. Hence, the revision.6. The trial cour...
Tag this Judgment!Margadarshana Shikshana SaunsThe Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Jan-29-1987
Reported in: AIR1987Kant202
ORDER1. This writ petition is by Margadarshna Shikshana Samsthe, Huvina Hippargi in the District of Bijapur, praying for the issue of a writ of mandamus directing the respondents to accord permission for starting C.P.Ed. Course during the academic year 1986-87. 2. This petition has come up for preliminary hearing after notice to the respondents. By consent of both the counsel, it is taken up for final hearing. 3. The facts of the case, in brief, are as follows: The petitioner is a society registered under the Societies Registration Act. The object of the society is to start educational institutions. The petitioner made an application seeking permission to start a new college for imparting instructions leading to C.P.Ed. Course at Huvina Hippargi, Basavanabagewadi Taluk, Bijapur District. Instructions were issued by the Commissioner of Public Instructions to the Deputy Director, Bijapur, to cause an inspection of the building and other equipments provided by the petitioner to decide as ...
Tag this Judgment!Laxmi Nagappa Hegde Vs. the Karnataka Bank Ltd., Sirsi and ors.
Court: Karnataka
Decided on: Jan-29-1987
Reported in: AIR1988Kant44; ILR1987KAR1186
1. This is an appeal by the appellant (applicant in Misc. Case No. 22/77) on the file of the Civil Judge, Sirsi, against the order dated 29-11-1978 passed by the Civil Judge, Sirs in Misc. Case No, 22/77, dismissing the same.2. The appellant had filed a suit O.S. No. 23/74 against respondent 2 in the Court of the Civil Judge, Karwar, for recovery of money. She obtained an order in interim attachment of the amount due to respondent 2 from the L.I.C. The said suit was later on transferred to the Court of the Civil Judge at Sirsi which was established in 1977 and the suit came to be decreed on Nov. 21, 1981.3. Respondent 1 Bank obtain a money decree against respondent 2 in Arbitration Case 1/76 on the file of the Civil Judge, Karwar. Respondent 1 after obtaining the decree in Arbitration Case 1/76 in the Court of the Civil Judge Karwar, sued out execution in Execution Case 16/77 against respondent 2 in the Court of the Civil Judge, Sirsi and the executing Court attached the amount due to ...
Tag this Judgment!Workmen of Cement Industry Vs. Union of India (Uoi)
Court: Karnataka
Decided on: Jan-29-1987
Reported in: ILR1987KAR2078
ORDERBopanna, J.1. This Writ Petition completes the triology of cases between the Petitioner/Union and the Cement Manufacturers' Association (the 2nd respondent herein) and the Indian National Cement and Allied Workers Federation (the 4th respondent herein). The petitioner had approached this Court earlier in the year 1978 in Writ Petition No. 7008 of 1981. But, this Court did not grant the reliefs prayed for since the petitioner had approached this Court at a belated stage. The petitioner approached this Court again in Writ Petition No. 6346 of 1982 challenging the validity of the Notification made by the Central Government under Section 10A(3A) of the Industrial Disputes Act, 1947 (in short the Act) as also the award made by the Arbitrators chosen by the 2nd respondent and the 4th respondent respectively on the demands raised by the 4th respondent. This Court by its Order dated 6-7-1984 quashed the Notification impugned therein and issued a Writ in the nature of mandamus to the Centr...
Tag this Judgment!Gurupad K. Hegde Vs. University of Mysore and ors.
Court: Karnataka
Decided on: Jan-28-1987
Reported in: AIR1988Kant169
ORDER1. In this writ petition an important question relating to the power of the Board of Studies and the procedure required to be followed in the matter of awarding certain Doctorate Degrees under the revised Regulations framed by the University of Mysore, arises for consideration.2. The facts of the case, in brief, are as follows:The petitioner possesses M.A. Degree in Sanskrit and has been a teacher in Sanskrit for the last 16 years. He had passed B.A. with Sanskrit as major subject in First Class in the year 1966, of the Karnataka University. He passed M.A. Degree in Sanskrit of the Karnataka University in the year 1968 in First Class, First Rani. He is working as Head of the Department of Sanskrit in LalBahadur & S.B. Solabanna Shetty Commerce College, Sagar. In accordance with the regulations for awarding Research Degrees in D.Litt/D.Sc/ D.E./D.Ed. etc., the petitioner made an application in the prescribed form praying for awarding the Doctorate Degree in D. Litt in Sanskrit. The...
Tag this Judgment!Gauribidanur Sahakara Sakkare Karkhane Ltd. Vs. the Government of Andh ...
Court: Karnataka
Decided on: Jan-23-1987
Reported in: [1988]68STC257(Kar)
Prem Chand Jain, C.J. 1. M/s. Gauribidanur Sahakara Sakkare Karkhane Ltd., through its Managing Director, has filed this appeal against the judgment of a learned single Judge of this Court dated 13th February, 1981 by which Writ Petition No. 5037 of 1980 has been dismissed on the ground that the same is not tenable before this Court. 2. In order to appreciate the controversy, certain salient features of the case may be noticed : The appellant is a co-operative society registered under the Karnataka Co-operative Societies Act and is running a sugar factory in Kolar district, Karnataka State, which is situate right across the border of Andhra Pradesh. The sugarcane growers of Andhra Pradesh approached the appellant with a request to purchase the sugarcane grown by them with a view to alleviate their sufferings and the Board of Management of the appellant-society resolved to purchase the sugarcane grown by them. Pursuant to the said resolution of the Board of Management, the appellant pur...
Tag this Judgment!Venkatesh Pille Vs. Padmavathi
Court: Karnataka
Decided on: Jan-23-1987
Reported in: ILR1987KAR946; 1987(1)KarLJ110
ORDERMurlidher Rao, J.1. Though this matter is listed for orders to-day, by consent of advocates, it is taken up for final disposal.2. This is a tenant's petition challenging the order dated 19-1-1985, passed by the Additional Small Causes Judge, Bangalore, in HRC No. 2926 of 1983. The respondent is the land owner. She initiated eviction proceedings under Section 21(1)(h) of the Karnataka Rent Control Act. The family of the respondent consists of herself and four daughters. Two daughters are married. One of the married daughters is staying at Madras and another married daughter is staying in Bangalore. The remaining two daughters are school going students. Advocate for the respondent submitted that they are now college going students. The premises occupied by the owner consists of a small verandah, a hall measuring 9 ' x 8', bath room and lavatory. This is the description given in the Judgment of the Court below. However, Mr. Shivaraj Patil for the petitioner submitted that in addition...
Tag this Judgment!Thogataveera Sangha Vs. R.M. Shenoy
Court: Karnataka
Decided on: Jan-22-1987
Reported in: ILR1987KAR940
ORDERMurlidher Rao, J.1. This revision Petition is filed by the landlord of premises bearing No. 22, Sampangi Tank Road, Bangalore. The premises in question was leased in favour of the respondent by lease deed dated 1-7-1971, for an agreed rent of Rs. 650/- per month. It appears that the tenant had paid Rs. 2500/-as advance. Thereafter the tenant initiated proceedings for fixation of fair rent in HRC FR 1/1973. That application was allowed on 19-11-1973 and the fair rent was fixed at Rs. 150/-. As against this order, landlord filed an appeal before the District Judge, Bangalore, in HRC No 67 of 1974. The learned District Judge allowed the appeal on 11-8-1976, on the ground that five years had not elapsed from the date of construction and therefore provisions of Part II of the Rent Control Act were net applicable and the provisions for fixation of fair rent were not attracted. Against this order, the tenant had filed W.P.No. 10605/1975. The said Writ Petition was dismissed on 18-11-1976...
Tag this Judgment!Damu Vs. Basavaraj Appayya Hiremath
Court: Karnataka
Decided on: Jan-21-1987
Reported in: AIR1987Kant247; ILR1987KAR836; 1987(1)KarLJ125
ORDER1. This is a revision by the decree-holder against the order dated 4-3-85 passed by the District Judge, Bijapur in M.A. 1/84 reversing the order dated 23-1-84 passed by the Civil Judge, Jamkhandi, in Misc. Case No. 10/83 dismissing the judgmentdebtor's petition filed under O. 21, R. 90, C.P.C.2. The decree-holder who is the revision petitioner in this case, filed a suit in S.C. 7/79 against the judgment-debtor (J-Dr) to recover Rs. 2,613/- and odd. The said suit was decreed. He sued out the execution in Ex. 6/81. He got attached 1/ 5 share of the J-Dr in the house bearing No. CTS 1392 of Jamkhandi. J-Dr has raised a contention that he is an agriculturist and his share in the house was not liable to be attached and sold. They were negetived. JDr.'s revision was also dismissed. This Court, while disposing of the said revision, gave 8 weeks' time to deposit the money. He did not deposit the money. Thereafter sale notice was issued to the J-Dr. Finally sale took place on 26-3-83 and t...
Tag this Judgment!Subban Shiva Rao Vs. Anni Pinto
Court: Karnataka
Decided on: Jan-21-1987
Reported in: ILR1987KAR1968; 1987(1)KarLJ173
ORDERRajasekhara Murthy, J.1. Petitioner is the son of late N. Shiva Rao. An application in Form No. 7, as required under the Land Reforms Act ('Act'), was filed by respondents 1 and 2 and the husband of Respondent-3 and father of Respondents 4 to 6 before the Land Tribunal, Mangalore, seeking occupancy rights in respect of several survey numbers referred to therein. In the application - Form No. 7 the name of N. Rama Rao, father of respondents 7 and 8 and uncle of the petitioner was shown as the owner of all the survey numbers.2. The Tribunal by its order dated 25-4-1981 granted occupancy rights in respect of several numbers referred to in Form No. 7. It is seen from the order that the owner, N. Rama Rao, though served remained absent. This order is challenged by the son of Subban Shiva Rao. The order of the Tribunal is challenged on the ground that along with Rama Rao, Shiva Rao and his son Subban Shiva Rao, the petitioner are the joint-owners of the properties in question.3. It is u...
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