Karnataka Court June 1989 Judgments
United India Insurance Co. Vs. Balasubramanyam
Court: Karnataka
Decided on: Jun-30-1989
Reported in: II(1990)ACC569; 1990ACJ736; ILR1990KAR483
Rama Jois, J.1. This appeal is presented by the United India Insurance Company against the award made by the District Judge and Motor Accidents Claims Tribunal, Mandya in the claim petition presented under Section 110A of the Motor Vehicles Act ('the Act' for short). Cross-objections is filed by the Taluk Agricultural Producers Marketing Co-operative Society represented by its Secretary who was respondent-1 in the claim petition.2. The facts of the case in brief are as follow:-On 14th May, 1980 a lorry bearing registration No. MYN 3824 belonging to the Society was proceeding towards Bangalore on Mysore-Bangalore road. A car bearing registration No. MSW 19 driven by the petitioner-claimant was proceeding towards Mysore. The accident occurred when the vehicles crossed at K. Settihalli at about 4-30 P.M. The car collided with the hind portion of the lorry as a result of which there was a damage to the car and injury to the driver. The injured owner-driver of the car presented a claim peti...
Tag this Judgment!Tumkur Town Veerashiva Co-operative Bank Ltd. Vs. H.C. Shyamala and or ...
Court: Karnataka
Decided on: Jun-28-1989
Reported in: [1993]78CompCas182(Kar); 1990(1)KarLJ48
M.P. Chandrakantharaj Urs, J.1. The petitioner is the Tumkur Town Veerashiva Co-operative Bank Limited. As the name itself indicates, it is a co-operative institution duly registered in accordance with the provisions of the Karnataka Co-operative Societies Act. It is aggrieved by the order of the Karnataka Appellate Tribunal dated May 23, 1984, made in appeal No. 317 of 1983. It has challenged the legality and correctness of that order in this writ petition under Articles 226 and 227 of the Constitution.2. The facts leading to the writ petition may be stated briefly and they are as follows :One H.C. Shyamala, respondent No. 1 in this proceeding, borrowed a sum of Rs. 1,45,000 from the petitioner/co-operative bank to enable her to purchase a motor vehicle as evidenced by annexures 'A', 'B' and 'C' under an agreement of hypothecation between the said first respondent, Shyamala, and the petitioner bank. The stage-carriage vehicle bearing No. MYT 5292 (annexure B) was hypothecated to the b...
Tag this Judgment!Shri Nithyananda Electrical Co-operative Society Ltd. Vs. Joint Regist ...
Court: Karnataka
Decided on: Jun-28-1989
Reported in: ILR1990KAR665; 1989(2)KarLJ356
ORDERChandrakantaraj Urs, J.1. The petitioner is a Co-operative Society duly incorporated under the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as 'the Act'). It has for its objects the purchase of spare parts, bulbs, wires, switches and other electrical equipments pertaining to the electrical works in an electrical fitting and also to supply electrical equipments to the Government or other authority. The area of operation of the Society is the Municipal limits of Bhatkal Town and a radius of five miles from the Municipal area within Bhatkal Taluk. It is aggrieved by the registration granted to the third respondent-Honnavar and Bhatkal Taluka Rural Electrical Co-operative Society Ltd., Honnavar, by the first respondent - The Joint Registrar of Co-operative Societies, Belgaum. Therefore, the present Writ Petition under Article 226 of the Constitution inter alia contending that such grant of registration is contrary to law and is opposed to Section 4 of the Act an...
Tag this Judgment!Mahaveer Co-operative Credit Bank Ltd. and Anothers Vs. Mohan Bhupal D ...
Court: Karnataka
Decided on: Jun-27-1989
Reported in: [1991]71CompCas560(Kar)
ORDERM.P. Chandrakantraj Urs. J. 1. The petitioner is the Mahaveer co0- Credit Bank Ltd., an institution registered under the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as 'the Act'). The second petitioner is a director. 2. The facts leading to this petition may be stated and they are as follows: The co-operative bank raised a dispute claiming certain sums of money from respondents Nos. 2 to 10 which, according to the petitioner-bank, was due to it on account of the conspiracy of respondents Nos. 2 to 10 to defraud the bank by various acts of commission and omission. The first respondent was the arbitrator who unfortunately is not a party to this writ petition. However, in his order which is produced at annexure A, after giving opportunity to the petitioner-bank and its director who were the plaintiffs before him as well as respondents Nos. 1 to 10, the defendants before the arbitrator, an award was made foisting the liability on the respondent//defendants in t...
Tag this Judgment!T.S. Renukaradhya Vs. H.S. Subhash Chandra
Court: Karnataka
Decided on: Jun-27-1989
Reported in: [1991]71CompCas441(Kar)
M.P. Chandrakantaraj Urs, J.1. The above two petitions are disposed of by the following common order as the facts and question of law are similar. The question of law which falls to be answered in these writ petitions is whether caring on the business of money-lending as licensed under the Karnataka Money-lenders Act amounts to carrying on the business of third respondents-Co-operative Bank Ltd.2. The facts are that the two petitioners were founder-members of the third respondent-Co-operative Bank Ltd. After becoming members, they also started their own money lending business after obtaining license under the Money- lenders Act. They became partners in different firms which had secured a licence for money-lending business. Both of them contested the office of the directors of the third respondent-Co-operative Bank Ltd. At that point of time, they sought a clarification from the second respondent-Deputy Registrar of Co-operative Societies, Tumkur, as to their eligibility to contest the ...
Tag this Judgment!Nrupathunga Nagara Nivasigala Kshemabhivrudhi Sangha Vs. State of Karn ...
Court: Karnataka
Decided on: Jun-27-1989
Reported in: ILR1990KAR734
ORDERChandrakantaraj Urs, J.1. The petitioner is a Society registered under the Karnataka Societies Registration Act, 1960. It purports to consist of Members who are residents of what is known as 'Nrupathunga Nagara Extension'. Its objects, apart from promotion of cultural, sports and educational activities are planting way-side trees as well as promote the relationship between the 3rd respondent-Housing Co-operative Society's Members and the Members of the petitioner-Society. It is in the pursuit of the last mentioned object that the Society claims the right to maintain this Writ Petition allegedly in public Interest. Something more will be said in the course of this order about such interest a little later.2. The facts leading to the filing of the Writ Petition inter alia praying that the Impugned order of the 1st respondent-State Government as at Annexure-C1 be quashed and a Mandamus be issued to the respondents from altering or modifying the private lay-out plan of the 3rd responde...
Tag this Judgment!B.U. Dalu Vs. State of Karnataka
Court: Karnataka
Decided on: Jun-27-1989
Reported in: ILR1989KAR3076; 1989(2)KarLJ237
ORDERShivashankar Bhat, J. Issue rule.1. The petitioner's land measuring 0.71 acre was acquired for the implementation of Harangi Project and an award was made for payment of Rs. 47,295/-by way of compensation, payable to the petitioner and his brother. A notice dated 25-5-1988 (Annexure A) was issued to the petitioner intimating that award has been made and intimating him that the compensation would be paid on 29-9-1988. According to the petitioner, when he went to the office of the 2nd respondent, instead of making the payment, he was asked to go to the office again and again and that he visited the office of the 2nd respondent on many occasions and he had to spend over Rs. 3,000/- in this regard. Even then, the amount was not paid to him and consequently he had to file this Writ Petition on 10-1-1989 seeking an appropriate Writ, order or direction directing the respondents to make an immediate payment of the compensation awarded and notified as per Annexure A. Having regard to the f...
Tag this Judgment!The Assistant Collector of Central Excise and anr. Vs. Kashyap Enginee ...
Court: Karnataka
Decided on: Jun-27-1989
Reported in: 1989(24)ECC422
ORDERM. Rama Jois, J.1. These appeals are presented by the Assistant Collector of Central Excise and Union of India against the order of the learned Single Judge allowing the Writ Petitions presented by the respondent herein.2. The facts of the case, in brief, are as follow:The respondent-company (writ petitioner) is a manufacturer of copper and copper alloy castings. For the period commencing from 1-3-1975 upto 26-12-1980 the respondent had paid excise duty amounting to a sum of Rs. 3,64,961. On 12-4-1979 the Company was informed by its customer, that, there was a notification in force issued by the Central Government, according to which there was an exemption from payment of excise duty on copper and copper alloy castings. On 20th of April, 1979 the respondent addressed a letter to the Superintendent of Central Excise, seeking clarification regarding exemption of copper and copper alloy castings. The Superintendent of Central Excise in his letter dated 28-11-1979 confirmed' that the ...
Tag this Judgment!Deelip V. Telisra Vs. Government of India
Court: Karnataka
Decided on: Jun-26-1989
Reported in: ILR1989KAR2344
ORDERShivashankar Bhat, J.1. Petitioner challenges his detention under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ('the Act' for short) made on 7th November, 1988. He is detained ever since 17th November, 1988.2. On 6-10-1988, the Officers of the Department of Revenue Intelligence, Government of India, tried to stop the car at Nelamangala by-pass road, in which the petitioner was seated along with Shivaji Rao Padaki (petitioner in W.P.HC.14/89); the latter was driving the car towards Bangalore, Since the car did not stop, the Officers chased it and finally stopped it. After the search of the persons, the car was searched. At the office of the Department (to which place, the car and its occupants were brought), the door panel board of the front side door was opened and examined. Two heavy packets were discovered in each of which 25 gold biscuits with foreign markings were found. A certified gold dealer, opined the gold to be of ...
Tag this Judgment!Shivaji Dondoji Padaki Vs. Government of India
Court: Karnataka
Decided on: Jun-26-1989
Reported in: ILR1989KAR2361
ORDERShivashankar Bhat, J. 1. The petitioner, who is a detenu in Central prison, Bangalore, has challenged his detention. He is detained, as per an Order dated 7-11-1988 made under Sect ion 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'the Act'), since 17-11-1988.2. The grounds of detention furnished to the petitioner refer to Section 3(1)(iii) of the Act, as the one under which the impugned order was made. The impugned order stated that the Detaining Authority was satisfied that the petitioner was to be detained with a view to 'preventing him from engaging in transporting, concealing and keeping smuggled goods'.3. The facts in brief are that on 6-10-1988, Officers of the Department of Revenue Intelligence who had credible information, chased the car driven by the petitioner and stopped it; the car was coming towards Bangalore, from Tumkur side. One Dilip Vimalchand was also found in the car.4. The occupants of the car were se...
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