Karnataka Court March 1987 Judgments
H.N. Nanjegowda Vs. State of Karnataka
Court: Karnataka
Decided on: Mar-31-1987
Reported in: ILR1987KAR1912; 1987(1)KarLJ344
ORDER1. In this revision petition filed under Ss. 397(1) read with 401, Cr.P.C., the petitioner Mr. H. N. Nanjegowda, who is accused-1 in Crime No. 26/84 of Cubbonpet Police Station, has sought to challenge the legality and correctness of the cognizance taken, process issued and the criminal proceedings instituted against him, in CC. No. 70/84, on the file of the Metropolitan Magistrate, VI Court, Bangalore City, for the offences punishable under Ss. 143, 186 and 341, I.P.C. 2. The facts of the case giving rise to the revision are as follows :- On the complaint of one Smt. Gangamma, wife of Mr. Ugranarasimhappa, M.L.A. of Pavagada, that on January 6, 1984, one Congress-(I) worker by name Sampaiah, resident of Tumkur, had abducted her husband Mr. Ugranarasimphappa from the house of her brother Narasimhappa situated at Shantinagar, within the jurisdiction of Tilak Park Police Station, Tumkur, on 12-1-1984, at about 2 a.m. The Sub-Inspector of Police of Tilak Park Police Station, Tumkur, ...
Tag this Judgment!Shivaji Jadhav Vs. State of Karnataka and anr.
Court: Karnataka
Decided on: Mar-27-1987
Reported in: ILR1987KAR2011
Shivashankar Bhat, J.1. The petitioner, who is a detenu, has challenged the order of his detention dated 1-10-1986 made by the State of Karnataka under S. 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (shortly called 'the COFEPOSA'). The order states that the same was issued with a view to prevent him from engaging in keeping and transporting smuggled goods. He was arrested on 15-10-1986 and has been lodged in the Central Prison at Bangalore. It is an admitted fact that the petitioner has been served with the grounds of detention along with the relevant documents stated in the said grounds. 2. The petitioner is stated to be a native of Walvan in Sangli District (Maharashtra), but he is carrying on business at Kollegal, Mysore Dist., in Karnataka State wherein he is having a silver refinery. He lives with his family at Kollegal. 3. On 28-3-1986 he was travelling in a KSRTC but plying from Badami to Bangalore via Bagalkot. The officers...
Tag this Judgment!State of Karnataka and Etc. Etc. Vs. K.M. Madhusudhan and Etc. Etc.
Court: Karnataka
Decided on: Mar-27-1987
Reported in: AIR1988Kant34; ILR1987KAR1412
Prem Chand Jain, C.J.1. This group of Writ Appeals raises question relating to the power conferred on the State Government under S. 15, Mines and Minerals (Regulation and Development) Act, (in short the Act) to levy dead rent in respect of minor minerals and in the event of existence of such Power can the Rules framed affect existing leases in which the rate of dead rent payable by the concerned- lessees had been specified; the validity of R. 20(l)(2), Karnataka Minor Mineral Concession Rules, 1969, (in short 'the Rules') and the validity of Notification No. CI 194 MMN 83, dated 11-8-1993.2. It is unnecessary in order to decide these appeals, to relate the facts of each case, it will suffice if we state broadly how these appeals have come to be filed.The respondents entere4 into agreements with the State Government for extraction of various types of minor minerals in the areas specified in the respective lease deeds. The different types of minor minerals extraction of which constitutes...
Tag this Judgment!Shivaram Vs. Chinnanna
Court: Karnataka
Decided on: Mar-27-1987
Reported in: ILR1987KAR1827
Kulkarni, J.1. This is a defendant's appeal against the judgment and decree dated 23-1-1987 passed by the XII Additional City Civil Judge, Bangalore, in O.S. 2710 of 1984, decreeing the suit.2 Plaintiff's case is that the defendant is a tenant under him in respect of the suit premises on a monthly rent of Rs. 501/- and that defendant has not paid rent for the period from 1-12-1982 to 31-7-1984. Notwithstanding the issue of notice, the defendant did not pay the rental arrears to the turn of Rs. 10,020/-. Hence the suit.3. The defendant resisted the suit.4. The Trial Court decreed the suit. Hence, this appeal.5. The plaintiff - P. W. 1 has stated that the defendant had not paid rent from 1-12-1982 to 31-7-1984. The receipt book at Exhibits P.2(a) to (f) and the receipt book Exhibit P. 4 would go to show that the defendant has paid the rent for the period till 1-12-1982. Therefore, it is not as if the landlord was not issuing receipts to the defendant tenant for the payment of rent. These...
Tag this Judgment!P.K. Varghese Vs. J.T.V. Metal Finishers (P.) Ltd.
Court: Karnataka
Decided on: Mar-26-1987
Reported in: ILR1987KAR1934; 1987(2)KarLJ145
M.P. Chandrakantaraj URS, J.1. This is a petition under section 433 of the Companies Act, 1956. The petitioner has alleged in the petition that the respondent company, M/s J. T. V. Metal Finishers P. Ltd., owes to him a sum of Rs. 29,356.36 which he had advanced to the company as a loan. He also claims that he has pledged his fixed deposit receipt for Rs. 50,000 with the Karnataka State Financial Corporation to the respondent company. He has further claimed that Rs. 1,000 invested by him in 10 shares is also liable to be refunded to him. Thus, he has made a total claim for Rs. 80,356.36. It is alleged that he was a director of the company till he resigned some time in late June or early July of the year 1986. As there were differences between him and other shareholders and directors, he got a notice issued demanding payment of Rs. 29,326.36 and that not having been paid, he has approached this court with the petition for winding up the respondent company as it is unable to pay its debt...
Tag this Judgment!Seethadevi Vs. Narayana Kamath
Court: Karnataka
Decided on: Mar-26-1987
Reported in: ILR1987KAR1779; 1987(2)KarLJ89
Rama Jois, J.1. In this appeal, the following important question of law arises for consideration :Whether an application seeking an amendment to an application made before a Land Tribunal under Section 48A of the Karnataka Land Reforms Act, 1961 ('the Act' in short) after the period fixed in the Section to make an application, which has the effect of claiming occupancy rights in respect of a land belonging to a landlord not included in the original application, is maintainable?2. The facts of the case, in brief, are as follow : Section 48A of the Act provides that every person entitled to be registered as an occupant under Section 45 may make an application to the Land Tribunal in this behalf. The last date for making the application was originally fixed as 31-3-1974. The Section has been amended from time to time and, after the last amendment, the second part of the Section, which is relevant for decision in this case, reads :'48A. ENQUIRY BY THE TRIBUNAL etc, (1) ...... Every such ap...
Tag this Judgment!The Sugar-cane Growers' Association Vs. State of Karnataka and Ors.
Court: Karnataka
Decided on: Mar-24-1987
Reported in: AIR1988Kant132
ORDER1. This matter is disposed of at the stage of preliminary hearing after notice to respondents and after hearing the Counsel for the petitioner and the respondents.2. The petitioner is the Sugar-cane Growers' Association B. K. (hereinafter referred to as the Association) Kudchi Road, Ugarkhurd in Belgaum, by its Secretary Dr. Mohan M. Muthalik. The Association claims, it has a membership of 5000 sugarcane growers and the Association is formed for the welfare of the sugar-cane growers in Belgaum District.3. In fact, I have often observed and even issued notice to the Registrar of Societies in Karnataka. It is strange that under the Karnataka Societies Registration -Act, 1960 (hereinafter referred to as the Act) registration is permitted to these Associations who neither have as their objects promotion of culture, sports nor education but their own trade or professional interests. On that ground it is open to this Court to reject the locus standi of the petitioner to prosecute this p...
Tag this Judgment!N.S. Nandeesh Gowda Vs. State of Karnataka
Court: Karnataka
Decided on: Mar-20-1987
Reported in: ILR1987KAR2809; 1987(3)KarLJ643
ORDERK.A. Swami, J.1. On 6-3-1987, the interim order passed in these petitions was vacated. However, Learned Counsel for the petitioners could not be heard as he was not present, but before the order was signed, Learned Counsel for the petitioners submitted to the Court that he may be heard. Accordingly, on a direction of the Court, these petitions came to be posted 'for being spoken to'. It was at that stage, both sides agreed that the petitions may be heard for final disposal. Hence, these petitions were taken up for final hearing. In view of this, the order dated 6-3-1987 is recalled. The petitions are heard on merits for final disposal.2. In these petitions under Article 226 of the Constitution the petitioners have sought for the following reliefs :'Wherefore the petitioners pray that this Hon'ble Court may be pleased to :(i) Issue a writ of certiorari or any other appropriate writ, order or direction to quash Respondent-2's, Notification No. LAQ(2) SR 33/82-83. dated 15-2-1983 pub...
Tag this Judgment!Dr. R. Srinivasan Vs. Karnataka State Industrial Investment and Develo ...
Court: Karnataka
Decided on: Mar-19-1987
Reported in: ILR1987KAR2567
ORDERK.A. Swami, J.1. In this Petition filed under Article 226 of the Constitution, the petitioner has sought for a declaration that the communications bearing No. Secy. & AO 12792/83-84 dated 17-3-1984 (Annexure-K) & No. Per ADMN/1297/83-84 dated 23-3-1984 (Annexure-M) are null and void. Subsequently, the petitioner has amended the Writ Petition including an additional prayer for a further declaration that Rule 17 of the Karnataka State Industrial Investment ami Development Corporation Ltd., Service Rules of 1977 (for short 'the Rules') are null and void and are inoperative and to strike down the same.2. The petitioner was appointed as a Project Executive (Engineering) by Respondent-1. The appointment was made by way of an offer pursuant to the application made by the petitioner. By a communication dated 15-12-1982, (Annexure-B), Respondent-1 informed the petitioner that he has been appointed as Project Executive (Engineering) on the basis of his application and subsequent interview f...
Tag this Judgment!Karnataka Industrial Areas Development Board Vs. Commissioner of Incom ...
Court: Karnataka
Decided on: Mar-18-1987
Reported in: (1987)64CTR(Kar)332; [1987]168ITR96(KAR); [1987]168ITR96(Karn)
S.R. Rajasekhara Murthy, J.1. In these four writ petitions, the Karnataka Industrial Areas Development Board (hereinafter referred to as 'the Board'), is the petitioner constituted under the Mysore Act No. 18 of 1966. As is seen from the preamble to the Act the object of constituting the Board is to promote the establishment and orderly development of industries in the State of Mysore and for this purpose, establish industrial estates. 2. The petitioner has challenged the notice issued under section 148 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), for the assessment year 1982-83, in the first of the writ petitions and in the next three writ petitions the petitioner has challenged the notice issued under section 143(2) read with section 142(1) of the Act for the assessment years 1983-84, 1984-85 and 1985-86 calling upon the petitioner to produce books of account, etc., for completing the assessments. 3. The first prayer made in the first writ petition is for quash...
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