Karnataka Court July 1987 Judgments
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Kemparasaiah Vs. Rajasetty
Court: Karnataka
Decided on: Jul-16-1987
Reported in: ILR1987KAR2863
ORDERKulkarni, J.1. This is defendant-6's Revision against the order dated 23-1-1987 passed by the Civil Judge, Mandya, in M.S.C. Appeal No. 45/86 affirming the order dated 28-8-1986 passed by the Munsiff, Nagamangala, in O.S. No. 45/85 granting the temporary injunction.2. The plaintiff filed the suit for partition and possession of his one-fourth share in the various suit properties including the suit item No. 1 property bearing Sy. No. 64/4 alleging that the suit properties including the suit item No. 1 property were the ancestral properties of the plaintiff and defendants-1 to 4 and that defendant-6, claiming to have purchased the property from defendant-5, was trying to dispossess him. He also urged that the sale, if any, by defendant-5 in favour of defendant-6 was not legal and was not for legal necessity or for the benefit of the estate and was not binding on him. In the course of the suit, he filed LA. No. II under Order 39 Rules 1 and 2 read with Section 151 C.P.C. requesting f...
N. Vasantha Kumar Vs. the Regional Transport Officer, Kolar
Court: Karnataka
Decided on: Jul-15-1987
Reported in: AIR1988Kant110; ILR1987KAR3295
ORDER1. By consent of learned counsel, this writ petition is treated as having been posted for hearing an. d I have heard them.2. When a motor vehicle's owner, who ceases to reside or has his place of business at the address recorded in the Certificate of Registration of that vehicle, the same being outside the State of Karnataka, makes an application under S. 30 of the Motor Vehicles Act, 1939 (for short 'the Act'), to the jurisdictional registering authority in the State of Karnataka seeking entry of his changed address in the Certificate of Registration of that vehicle, can such registering authority refuse to make-the required entry on the ground that the requirement of R. 216 of the Karnataka Motor Vehicles Rules, 1963 (for short 'the Rules'), relating to providing of minimum number of seats in the vehicle concerned, has not been complied with, is the short point, which arises for decision here.3. One L. G. Padmanabha Reddy of Nellore in Andhra Pradesh, who got his motor vehicle w...
Srinivas Vs. Venkatappa
Court: Karnataka
Decided on: Jul-15-1987
Reported in: ILR1988KAR748; 1988(1)KarLJ335
K.A. Swami, J.1. This appeal by the plaintiffs is preferred against the judgment and decree dated 19th June, 1976 passed by the learned Principal Civil Judge, Bangalore District, in Original Suit No. 42/73 dismissing the suit filed by the appellants for partition and separate possession of their shares in the suit-schedule properties. Parties in this judgment will be referred to with reference to the ranking assigned to them in the trial Court.2. The 1st defendant is the father of the plaintiffs. The 2nd defendant is the brother of the 1st defendant Defendants 3 and 4 are the alienees. The 5th defendant is a tenant of a portion in item No. 1 of the suit-schedule property. The trial Court, on the basis of the pleadings of the parties framed the following issues:'(1) Whether plaintiffs are the legitimate children of 1st defendant?(2) Whether plaintiffs 1 and 6 and defendants 1 and 2 are members of an undivided Hindu joint family?(3) Whether the plaint schedule item No. 1 situated at Mand...
Saraswathi Industries Rice Mill Vs. State of Karnataka
Court: Karnataka
Decided on: Jul-15-1987
Reported in: ILR1987KAR2849
ORDERNavadgi, J.1. Since the question involved in both the Revision Petitions is same, they are disposed of by this common order.2. Criminal Revision Petitions Nos. 49 and 50 of 1985 are filed by Saraswathi Industries Rice Mill, Jalapur Camp, Shirwar, by its partner K. Balaraj, son of K.S. Seenaiah (hereinafter referred to as the Mill) arraigned as accused No. 3 in Special Cases Nos. 6 and 10 of 1984 on the file of the Special Judge, Bijapur, They are directed against the common order dated December 20, 1984, made by the Special Judge in Special Cases Nos, 6 and 10 of 1984, negativing the contention urged on behalf of the Mill and other persons arraigned as accused in the said two cases that the Court of the Special Judge had no jurisdiction to try the offences alleged against them.3. The facts relevant for the present purpose, briefly stated, are these: The facts in Special Case No. 6/84 ------------------------------------ (The subject-matter of Crl. R.P. No. 49/1985)The Mill is a pa...
Neelawwa Vs. Shivawwa
Court: Karnataka
Decided on: Jul-08-1987
Reported in: AIR1989Kant45; ILR1988KAR2761; 1988(1)KarLJ58
K.A. Swami, J.1. At the stage of admission the respondent is notified. Accordingly she has put in appearance through a Counsel. The records are also obtained as this appeal can be disposed of on a short point, it is admitted and heard for final disposal and disposed by this judgment.2. This appeal is preferred against the judgment and decree dt. 22-1-1987 passed by the learned Additional Civil Judge, Bagalkot in O.S. No. 94 of 1982. The appellant was the plaintiff and the respondent was the defendant. In this appeal the parties will be referred to as plaintiff and defendant.3. The appellant/ plaintiff filed the suit for a declaration that she has got half share in the suit land which is fully described in Schedule B to the plaint and for a consequential relief of permanent injunction restraining the defendant from alienating the suit land. She has claimed half share in the suit land on the ground that she is the daughter of late Mallappa and the suit land belonged to him. The defendant...
inter State Transports Vs. Pfizer Ltd.
Court: Karnataka
Decided on: Jul-07-1987
Reported in: II(1987)ACC366; ILR1987KAR2870
P.P. Bopanna, J.1. This appeal is directed against the judgment and decree of the trial Court in Original Suit No. 314/1974. The appellant who was the defendant before the trial Court was directed to pay a sum of Rs. 62, 141-97 with proportionate costs and current interest at 6 per cent per annum on the principal amount of Rs.56,727-97 from the date of suit till the date of payment, to the 1st plaintiff and a further sum of Rs. 55,100/-with proportionate costs and current interest at 6 per cent per annum on Rs. 50,320/-being the principal amount, from the date of suit till the date of payment to the 2nd plaintiff and also, costs incurred by plaintiffs 1 and 2 amounting to Rs- 6279-40 and Rs. 5788-75 respectively.2. The parties hereinafter be referred to by the position assigned to them in the trial Court.3. Plaintiff No. 1 is Pfizer Limited Company and is the consignor of the goods in question to its branch office in Cochin. Plaintiff No. 2 is the Insurance Company and the goods in que...
Ramanna Gowda and ors. Vs. Shankarappa and ors.
Court: Karnataka
Decided on: Jul-03-1987
Reported in: AIR1988Kant248; ILR1988KAR1
Swami, J.1. This appeal by Defendants 1to11 is preferred against the judgment and decree dt. 22-11-1975 passed by the Civil Judge, Chikmagalur, in O.S. No. 42 of 1974. Respondents 1 and 2 are the plaintiffs. In this judgment, Respondents I and 2 would be; referred to as Plaintiffs 1 and 2 and the appellants as Defendants 1 to 11 respectively.2. Plaintiff-1 is the adopted son of Plaintiff- 2. They filed the suit in 0. S. No. 42, of 1974 for partition and separate possession of half share half share 'B' and 'C' schedule properties and for accounts of management by Defendant-1 and also for a decree for past and future maintenance at the rate of Rs. 3,000/- per year and for an enquiry into future mesne profits also.3. The relationship of the parties is not in dispute. One Harubyle Sannegowda was the original propositus. He had 4 sons by name Obaiah, Ujinanna's, Venkappagowda and Ramanna Gowda. Obaiah and Ujinanna's branches became extinct as they died unmarried and issueless. Venkappagowda...
Vijaya Commercial Credit Ltd. Vs. Sixth Income-tax Officer
Court: Karnataka
Decided on: Jul-02-1987
Reported in: [1989]65CompCas427b(Kar); ILR1987KAR2317; 1987(2)KarLJ68
M.S. Patil, J.1. In this revision petition filed under section 397 read with section 401, Cr. P. C., the petitioner, M/s. Vijaya Commercial Credit Ltd., Formerly known as M/s. Vijaya Bank Ltd., accused No. 1, in C. C. Nos. 4 to 17 of 1982, on the file of the court of the Presiding Officer, Special Court for Economic Offences, Bangalore, represented by its managing director, Sri. P. K. Alva, has sought to challenge the legality and correctness of the order dated February 9, 1983, whereby the application made for discharging it of the offences alleged has been rejected. 2. The criminal cases have been instituted on private complaints filed by the Sixth Income-tax Officer, Mangalore Circle, Mangalore, on being authorised by the Commissioner of Income-tax, Karnataka-I, Bangalore, as provided under section 279 of the Income-tax Act, 1961, hereinafter referred to as 'the Act', on the allegation that M/s. Vijaya Bank Ltd. (A-1), being a scheduled bank and a company registered under the Indian...
Kamalamma Vs. Ramabhadra Gupta
Court: Karnataka
Decided on: Jul-01-1987
Reported in: ILR1988KAR20
K.A. Swami, J.1. This appeal by the plaintiff, as indigent person, is preferred against the judgment and decree dated 1-1-1986 passed by the learned XIII Additional City Civil Judge, Bangalore City, in O.S.No. 7330/ 1980 dismissing the suit filed for recovery of a sum of Rs. 60,595/- being the principal and interest due under the two mortgage deeds dated 1-12-1961 and 21-11-1962, with the notice charges of Rs. 150/-.2. The trial Court has dismissed the suit on the ground that it is barred by time, even though, it has recorded a finding that the plaintiff is entitled to a decree for a sum of Rs. 6440/-.3. Having regard to the contentions urged on both the sides, the following points arise for consideration in this appeal:1) Whether the mortgages date 1-12-1961 (Ex.P. 1) and 21-11-1962 (Ex.P.3) are the usufructuary or anomalous mortgages?2) What was the amount paid by the mortgagee to the mortgagors under the two mortgage deeds Ex. P. 1 and P. 3?3) Whether the mortgage debt in question i...
John D'Souza Vs. State of Karnataka
Court: Karnataka
Decided on: Jul-01-1987
Reported in: ILR1988KAR1279; 1987(2)KarLJ181
ORDERDoddakale Gowda, J.Rule.1. The sole prayer in the Writ Petition is to direct respondent to renew Certificate of Notarial Practice for further period of 3 years with effect from 12-12-1982.2. State Government after appointing petitioner as Notary granted a Certificate, dated 1-12-1958. It was being renewed from time to time and at each time renewed for a period of three years. Last renewal was due to expire on 12-12-1982. Petitioner, on deposit of necessary fee, sought for renewal through his application, dated 6-8-82. As there was no response before the expiry of the renewed period, petitioner has presented this petition on 13-12-82, for the above relief. By an interim order made on 15-12-1982, this Court has directed that Notary Certificate of Practice granted to the petitioner shall continue to remain in force until further orders.3. Respondent in its return contends that the State Government has only deferred consideration based on letter dated 6-11-1982 of the Competent Author...
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