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Karnataka Court January 1988 Judgments

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Jan 08 1988

Karnataka theatres Ltd. Vs. Ratnavarma Padival

Court: Karnataka

Decided on: Jan-08-1988

Reported in: ILR1988KAR1272

ORDERKulkarni, J.1. Sri B.V. Acharya for the petitioners and Sri Yadurayagowda for the respondent submitted that the matter itself may be heard finally on merits. Accordingly arguments on the final merits of the petition are heard and it is disposed of.2. The complainant has filed the present complaint under Section 196(3) of the Indian Companies Act, alleging that the 39th Annual General Body Meeting of the first accused company known as 'Karnataka Theatres Limited' was held on 23rd September, 1985, in Shri Ramakrishna Students Home, Bunts Hostel, Kadri Road, Karnagalpady, Mangalore -3. The complainant attended the said General Body Meeting as a shareholder of the accused No. 1 company. The. said Annual General Body Meeting was conducted by the accused in seriously suspicious manner. A lot of foul play had been practiced in conducting the meeting. The complainant suspected the foul play in the matter of recording of the minutes of the above meeting, that is, either in not recording th...


Jan 07 1988

Flavian Aloysius Pinto Vs. Special Deputy Commissioner

Court: Karnataka

Decided on: Jan-07-1988

Reported in: ILR1988KAR685; 1988(2)KarLJ278

ORDERBalakrishna, J.1. Though these matters were in 'B' group, by consent of both the Counsel they were heard finally and were disposed of.2. These Writ Petitions are directed against the orders passed by respondent-1, vide Annexures-A, B, C and the order passed by respondent-2 vide Annexure-D declining permission to the petitioners to transfer their landed properties by sale to purchasers.3. The facts, in all the cases are common and the only question for consideration is, whether respondents 1 and 2 were justified in declining permission to the petitioners to transfer their property by sale.4. The facts, briefly stated are as follows:The petitioners are the children of late Raymond Pinto who died in the year 1969 leaving behind him his widow and children as the legal representatives. The widow who is the mother of the petitioners was acting as an executrix since the children were minors at the time of the death of Raymond Pinto. It is not disputed that the petitioners besides others ...


Jan 06 1988

Sridhara Kumar Vs. K. Ramachandrappa and ors.

Court: Karnataka

Decided on: Jan-06-1988

Reported in: AIR1988Kant215; 1988(1)KarLJ393

ORDER1. The petitioner has questioned the correctness of the order made by the Election Tribunal i.e., the learned Munsiff, Davanagere in Election Misc. No. 65/87 rejecting the application filed by the petitioner to stay the proceedings pending on its file on the ground that the continuation of the proceedings in the election petition would seriously prejudice his defence in the pending criminal cases under the provisions of Ss. 229, 337, 338 and 304A IPC on the file of the Sessions Court of Chitradurga. 2. The petitioner was the 2nd respondent before the Election Tribunal. In his application before the Election Tribunal he has stated that the issues framed in the election petition would seriously prejudice his defence in that the Election Tribunal had framed issues touching his alleged conduct as to whether he and his supporters had formed themselves into an unlawful assembly and whether this fact prevented the members from casting their votes in accordance with their conscience; and ...


Jan 06 1988

Karnataka Roller Flour Mills Vs. Director of Food and Civil Supplies

Court: Karnataka

Decided on: Jan-06-1988

Reported in: ILR1988KAR345

Balakrishna, J.1. These Writ Appeals have been filed against the order dated 1-4-1985 made by the learned single Judge in Writ petition Nos.8906 to 8920 and 8923 to 8929 of 1983. The appellants were the petitioners in the said Writ Petitions.2. The material facts in these appeals are as follows: The appellants are all Flour Mill Owners. They purchase wheat and convert it into Flour, Rava and other wheat products in their Roller Mills out of the wheat supplied to them by the Food Corporation of India in accordance with the allotment orders of the Deputy Commissioners of various Districts in Karnataka. The price of wheat at which it was being supplied to the appellants from 1-8-1982 was Rs. 185/- per Quintal. The ex mill sale price of wheat products at which they were required to sell wheat products had been fixed. The price of wheat was revised to Rs.208/- per Quintal with effect from 15-4-1983. In view of this, the price of wheat products were also revised. The price of wheat products ...


Jan 05 1988

R. Hanumanthappa and Son Vs. State of Karnataka and ors.

Court: Karnataka

Decided on: Jan-05-1988

Reported in: AIR1988Kant329

ORDER1. The petitioner claiming to be the owner of the land bearing Survey No. 1306 measuring 5 acres and 16 guntas situate in Nanjangud Village, Nanjangud Taluk, Mysore District, has challenged the validity of, the acquisition proceedings initiated by the authorities both under the Land Acquisition Act, 1894 (in short the Act) as also under the Karnataka Acquisition of land for Grant of House Sites Act, 1972.(in short the House Sites Act). The facts are not in serious controversy and the only controversy is whether the petitioner had delivered possession of the land to respondent4/,Karnataka Housing Board consequent on the proceedings initiated under the Act.2. The proceedings under the Act were initiated in the year 1975 by the issue of the preliminary notification u/s. 4 of the Act. It is not in dispute that the petitioner had filed its objections and those objections were over ruled paving way to the final notification us. 6(1) of the Act. This declaration was made on 28-4-1977. It...


Jan 05 1988

State of Karnataka Vs. Khawali @ Babujan

Court: Karnataka

Decided on: Jan-05-1988

Reported in: ILR1988KAR1754

ORDERKulkarni, J.1. This is a revision by the State against the order dated 23-6-1986 passed by the Additional Sessions Judge, Bangalore Rural District, Bangalore, in S.C. 30 of 1984 discharging the accused persons under Section 227 of the Code of Criminal Procedure.2. According to the prosecution, the deceased Krishna and Sunder committed theft of Rs. 15.000/- belonging to accused-1. There was a quarrel between accused on the one hand and the deceased Krishna and Sunder on the other. A panchayat was convened, which was attended by A-1 and his friends. In the course of that panchayat, deceased Krishna and Sunder are said to have protested against the holding of the panchayat and were insisting that it was a matter which can be investigated by the police. Thus that panchayat failed. The deceased Krishna and Sunder left the panchayat and A-1 was saying at that time that he knew how to recover the money and that he would teach a lesson to them. So saying he went away along with his compan...


Jan 04 1988

Kamal Chopra Vs. Commissioner, Corporation of the City of Bangalore

Court: Karnataka

Decided on: Jan-04-1988

Reported in: ILR1988KAR2416

ORDERBopanna, J.1. Issue rule.2. By consent of the learned Counsel for the parties, these petitions are treated as having been posted for hearing and 1 have heard the learned Counsel.3. The petitioners who are aggrieved by the order of the respondent/Corporation have filed these Writ Petitions on the ground that by the impugned order, the Corporation has adjudicated the title of the petitioners to the lands in question and accordingly that order is wholly without jurisdiction and contrary to the relevant provisions of the Karnataka Municipal Corporations Act, 1976 (in short the Act). The facts are not in serious controversy.4. The petitioners in W.P.No. 1769 of 1987 purchased the property in question from the partners of the firm known as C.N. Char & Co. represented by the Managing Partner one C.N. Char. The property was purchased under a registered sale deed dated 28-6-1984, a sum of Rs. 2,92,000/- was paid as sale consideration for the aforesaid property and the petitioners were put ...


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