Karnataka Court February 1989 Judgments
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Patel Byrappa and ors. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Feb-08-1989
Reported in: AIR1989Kant283; 1989(1)KarLJ375
ORDER1. In this writ petition, the petitioners have sought for a writ of certiorari to quash the Award dt. 6-12-1982 passed by the Special Land Acquisition Officer, Bangalore (Respondent-2) in L.A.C. No. 308/68-69 as well as the Award Notice dt. 11-5-1987.2. The following are the facts involved in this case:The petitioners are brothers and the land bearing Sy. No. 90 of Pantharapalya, Kengeri Hobli, Bangalore South Taluk, measuring a total extent of 3 acres and 22 guntas is their ancestral property in their possession. The land is under agricultural operation.3. The land of the petitioners besides the adjacent lands was proposed for acquisition by respondent-2 for the purpose of laying Avoid Sewer from Bangalore by respondent 3. The preliminary notification is of 13-21965 and the final notification was issued on 13-2-1968, whereas the awards in respect of other lands were made in 1968, in the case of the petitioners' land though the award is purported to have been made in 1982, communi...
S.N. Ramachandra Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Feb-07-1989
Reported in: AIR1990Kant249
1. This is a plaintiffs appeal. He filed the suit against the defendants, State of Karnataka, the Chief Engineer, National Highways and the Executive Engineer, P.W.D., Chitradurga, to recover a sum of Rs. 26,728.61 p. with costs and future interest.2. The plaintiff alleged in his plaint thathe is an Engineering Graduate and a contractor. He obtained contract from respondent 3 to execute the work in improvements to Geometries between the miles 102/4 to 103/4 on the National Highway between Bangalore and Poona. He fifed a statement of the claims in respect of the, work in improvement of Geometries between the miles 102/4 to 103/4 (it should be read as kilo meters and not miles) and all the defendants failed to pay the amounts within seasonable time and therefore he has to get a sum of Rs. 23,654.61 p, in all. He issued notice under S. 80 of the C.p.C. and thereafter presented the suit.3. Defendants while admitting some of the averments of the plaintiff denied that execution of the work u...
Soudager Abdul Rahim Vs. Soudager Gulam Rasool
Court: Karnataka
Decided on: Feb-07-1989
Reported in: ILR1989KAR830
Chandrakantaraj Urs, J1. This appeal coming up for orders, by consent of Counsel, it is taken up for final disposal. After hearing the learned Counsel for the appellant and respondent, we dispose of the appeal by the following Judgment. in the course of our Judgment, we will refer to the parties by the ranks assigned to them in the trial Court.2. This is defendant's appeal against the Judgment and decree dated 5-11-1982 made in C.S.No. 47 of 1981 on the file of the Civil Judge, Ralchur,3. Plaintiff filed the suit interalia alleging that the defendant was his tenant of the premises bearing M.No.5.6.2. In Somwarpeth where the defendant was running a Boarding and Lodging in the name and style of 'Soudager Lodge'. He further alleged that the premises was leased on a monthly rent of Rs. 300/- under a registered lease deed dated 9-9-1371 for a period of 3 years; that on the expiry of the period stipulated in the lease, he demanded the defendant to vacate the premises and handover vacant poss...
Karnataka State Financial Corporation Vs. Patil Dyes and Chemicals (P. ...
Court: Karnataka
Decided on: Feb-03-1989
Reported in: [1991]70CompCas86(Kar)
Bopanna, J. 1. In all these applications, a common question of law relating to the power of the company court for making appropriate orders in regard to the priorities of the various claimants under the provisions of section 446 read with section 529A of the Companies Act, 1956 (in short, 'the Act'), arises. 2. In Company Application NO. 610 of 1988, filed under section 537 of the Act, the applicant is the Karnataka State Financial Corporation (in short, 'the KSFC'), and it has sought for an order by this court directing the release of the assets of the company 9in liquidation) by the official liquidator to KSFC and for leave and permission to sell the said assets under section 29 of the State Financial Corporations Act, 1951 (for short, 'the SFC Act'). The ground for making this application is that the KSFC has to recover a large sum of money from the respondent-company (in liquidation) and these sums are covered by the security of the assets of the respondent-company(in liquidation )...
H. Hombaiaiah Vs. Zilla Parishad
Court: Karnataka
Decided on: Feb-03-1989
Reported in: ILR1989KAR816
Chandrakantaraj Urs, J1. This Writ Appeal is directed against the order of the learned Single Judge dated 11-1-1989 passed in Writ Petition No. 16228/1988. The petitioners approached this Court under Article 226 of the Constitution of India, inter alia contending that the petitioner was a Government Servant and his services had been lent to the Mandal Panchayat. While discharging his duties on such assignment, the Chief Secretary of the Zilla Parishad, who is the Controlling Authority, passed the order impugned dated 5-11-1988, suspending the petitioner. Therefore he contended that Chief Secretary being an Officer of the Zilla Parishad, could not have jurisdiction to pass the order of suspension. The learned Single Judge disposed of the Writ Petition holding that it is not maintainable in this Court in view of Section 15(1) of the Administrative Tribunals Act, 1985 ('the Act' for short). Therefore the present appeal.2. We have heard Mr. H. Subramanya Jois, learned Counsel appearing for...
Karnataka State Financial Corporation Vs. Patil Dyes and Chemicals (P) ...
Court: Karnataka
Decided on: Feb-03-1989
Reported in: ILR1989KAR2524
ORDERBopanna, J.1. In all these applications, a common question or law relating to the power of the Company Court arises for making appropriate orders in regard to the priorities of the various claimants under the provisions of Section 446 read with Sections 529 and 529A of the Companies Act, 1956 (in short the Act).2. In Company Application No. 610 of 1983, filed under Section 537 of the Act, the applicant is the Karnataka State Financial Corporation (in short the KSFC) and it has sought for an order by this Court directing the release of the assets of the Company (in liquidation) by the Official Liquidator to KSFC and for leave and permission to sell the said assets under Section 29 of the State Financial Corporation Act, 1951 (in short the KSFC Act). The ground for making this application is that KSFC has to recover a large sum of money from the respondent-Company (in liquidation) and these sums are covered by the security of the assets of the respondent-Company (in liquidation) in ...
Basappa Mallappa Sonnad Vs. Bhagawwa
Court: Karnataka
Decided on: Feb-02-1989
Reported in: ILR1989KAR2261; 1989(2)KarLJ596
Chandrakantaraj Urs, J. 1. This appeal is directed against the Judgment and Decree dated 17-11 -1977 passed in O.S.No. 46/1975 on the file of the Civil Judge, Chikodi. The appeal is by the sole defendant. We refer in the course of our Judgment to the parties by the ranks assigned to them in the trial Court.2. The respondents-plaintiffs brought the suit for partition and separate possession of suit schedule properties claiming 5/9th share in the suit schedule properties detailed in the three schedules viz., A, B and C to the plaint. They are five agricultural lands situated in Palabhavi village of Raibag Taluk. Schedule 'B' properties are two houses, one bearing VPC No. 14A situated in Palabhavi village and the other situated in the land bearing R.S.No. 175/4/3B of the same village, such land being one of the five agricultural lands described in Schedule-A. The properties in Schedule 'C' were the movables consisting of an oil engine with pump installed in the land bearing S.No. 175/4/3B...
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