Karnataka Court July 1989 Judgments
B.S. Viswanath Vs. Smt. Chandika Ben J. Mehta and Others
Court: Karnataka
Decided on: Jul-31-1989
Reported in: AIR1990Kant142; ILR1989KAR3245; 1989(2)KarLJ398
1. This appeal is presented by the appellant/defendant against anorder for partial decree made by the XthAdditional City Civil Judge, Bangalore in asuit filed by respondents 1 to 3.2. The facts of the case are these. The house property which is the subject matter, for a decree for redemption belonged to one Nangamma. She had mortgaged the said property in favour of the appellant, by a Registered Mortgage deed dated 22/7/74. The period of mortgage was 10 years. The amount borrowed was Rs. 21,500/-. After the period of mortgage was over said Nanjamma filed O.S. No. 3189/87 seeking redemption of the mortgaged property. Thereafter, according to the respondents, she sold the property in their favour by registered sale deed dated 11-12-1987 and withdrew the suit. After purchasing the house property the respondents/plaintiffs filed the suit for redemption on 7/4/1988. On 1st August, 1988, and they also deposited the mortgage money of Rs. 21,500/-in the Court. Though the defendant/ appellant h...
Tag this Judgment!Rajesh Joshi Vs. Pre-university Board
Court: Karnataka
Decided on: Jul-31-1989
Reported in: ILR1990KAR723; 1989(2)KarLJ345
ORDERVenkatachala, J.1. Rajesh Joshi, petitioner here, who had taken his II Year P.U.C. Examination conducted by the Pre-University Education Board in Karnataka (for short 'the Board'), has sought for a declaration from this Court that he was entitled to the addition of one grace mark in the subject of Chemistry in which he had secured 19 marks out of 90 marks in theory and 10 marks out of 10 marks in practical aggregating to 29 marks out of 100 maximum marks awardable for the subject of Chemistry. He has also sought for a consequential direction to the Board and its Director (respondents 1 and 2 respectively here) to correct the statement of marks issued to him, according to the declaration to be made by this Court, and declare him as having passed the It Year P.U.C. Examination held by the Board in March/April 1989.2. It is not in dispute that respondent-1 has declared the petitioner as 'failed' in the said examination because of his not securing 24 marks in Chemistry theory out of 9...
Tag this Judgment!Victory Glass and Industries Ltd. Vs. Collector of C. Ex.
Court: Karnataka
Decided on: Jul-28-1989
Reported in: 1990(25)ECC72; 1990(47)ELT540(Kar); ILR1989KAR3302; 1989(2)KarLJ484
ORDER1. The petitioner is a Company manufacturing glass bottles of various sizes in its factory situated in Bommasandra Industrial Estate, near Bangalore. The petitioner is a licensee under the Central Excise Act, ('the Act'), for the manufacture of 'Glass and Glass products' falling under Chapter 70 of the Central Excise and Tariff Act, 1985 ('the Tariff Act'). 2. There was a search in the premises of the factory and the Registered Office of the Company, and at the residence of the Executive Director of the Company by the Intelligence wing of the Central Excise Department on the 15th, 17th and 22nd September, 1987. Large number of documents, registers and other papers were seized at the three places referred to above. 3. Exhibits F1 to F5 are the copies of the mahazars drawn by the Search Officers at the several places where the search was conducted. 4. Pursuant to the said search a show cause notice dated 18-1-1988 was issued by the Collector of Central Excise to the 1st petitioner C...
Tag this Judgment!M.V. Latha and Others Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Jul-26-1989
Reported in: AIR1990Kant81; ILR1989KAR2682
ORDER1. By consent of learned counsel, these writ petitions are treated as having been posted for hearing and I have heard them.2. The short point which arises for consideration and decision in these writ petitions relates to study of Sanskrit by students of VIII to X standards in the Secondary Schools of the State of Karnataka.3. The State Government in the process of implementing the language policy to be adopted in primary and secondary schools pending decision of the matter in appeals before the Supreme Court, directed against the orders of this Court in Writ PetitionNo. 28566 of 1982 and connected matters, has issued an order G.O. No. ED 87 PROU SE BHA 88, dated 19-6-1989 (Annexure-A) thus:'Proceedings of the Government of Karnataka Sub: Implementation of Language Policy to be followed in the Primary and Secondary Schools -- reg. Read : G.O. No. ED 113 SOH 79, dated 20-7-82.Preamble:As per the recommendation of Gokak Committee, the State Government made an order dated 20-7-82 ci...
Tag this Judgment!Visveswaraya Iron and Steel Ltd. Vs. Dynacraft Machine Co. Ltd.
Court: Karnataka
Decided on: Jul-26-1989
Reported in: ILR1990KAR1831; 1989(2)KarLJ567
Rama Jois, J.1. This appeal is presented by M/s. Visveswaraya Iron and Steel Ltd., Bhadravathi, under Section 32(1) of the Arbitration Act, 1948, ('the Act' for short), against the order made by the Principal Civil Judge, Shimoga, on an application under Section 34 of the Act, presented by the respondent staying the suit and directing that the parties should settle their disputes through arbitration in accordance with the arbitration clause contained in the agreement entered into between the appellant and the respondent.2. The facts of the case, in brief, are these:-An agreement was entered into between the appellant and the respondent - Dynacraft Machine Company Limited, for the supply, commissioning and erection of a Raw Material Handling Plant by the respondent, to the appellant. The agreement was entered into on 27th December, 1968. The entrustment of the contract to the respondent was on what is called 'turn key basis' which included the supply and installation of the plant at the...
Tag this Judgment!The Spl. Land Acquisition Officer and Another Vs. L.K. Sunthakar and O ...
Court: Karnataka
Decided on: Jul-21-1989
Reported in: AIR1990Kant275; ILR1989KAR2272; 1989(2)KarLJ395
ORDER1. In view of the office objections raised in this appeal, the following question of law arises for consideration.For the purpose of deciding as to whether the appeal lies to the High Court or to the District Court in view of the amendment toSection 19 of the Karnataka Civil Courts Act, 1964, whether the value of the subject-matter in the trial Court or the value of the subject-matter in dispute in appeal, should be taken as the basis?2. Section 19 of the Act prior to its amendment by Act 13 of 1989 reads :'19. Appeals from Civil Judge: Appeals from the decrees and orders passed by a Civil Judge in original suit and proceedings of a civil nature, shall when such appeals are allowed by law, lie : (1) to the District Court, when the amount or value of the subject-matter of the original suit or proceeding is less than twenty thousand rupees; (2) to the High Court, in other cases.' According to the above provision, as against judgment and decrees passed by the Court of Civil Judge, ap...
Tag this Judgment!Coffee Board Vs. State of Karnataka
Court: Karnataka
Decided on: Jul-21-1989
Reported in: ILR1989KAR3506; 1990(3)KarLJ507
S. Rajendra Babu, J.1. The brief facts of the case leading to this petition are as follows : The petitioner, Coffee Board (hereinafter referred to as 'the Board') had a total turnover of Rs. 46,23,87,356.93 for the period between April 1, 1974, and March 31, 1975, including sale turnover of transactions arising within the State amounting to Rs. 23,75,20,382.38. The dealer, namely, the Board, claimed deduction in respect of turnover of Rs. 22,41,37,445 as export sales. After verification of the books of accounts and the documents produced in support of the export sales, the assessing authority found that export of goods in a sum of Rs. 1,07,88,750 was made through the State Trading Corporation of India (hereinafter referred to as 'the STC') which does not amount to direct export sale within the meaning of section 5(1) of the Central Sales Tax Act, 1956. On that a proposition notice was issued by the assessing authority to bring the said turnover to tax at 10 per cent as inter-State sale...
Tag this Judgment!Percy Pinto Vs. R.T.A.D.K., Mangalore and Others
Court: Karnataka
Decided on: Jul-19-1989
Reported in: AIR1990Kant117
ORDER1. The petitioner in W.P. 15765/1988 is aggrieved by the impugned common Judgement passed by the State Transport Appellate Tribunal, Bangalore, in Appeals Nos. 7 and 118/86 dated 29-10-1988 under Annexure-H and seeking restoration of the order of selection made by the R.T.A. Dakshina Kannada, Mangalore, in Sub. No. 327/85-86dated 25-9-1985 -- Annexure-A.2. The point for consideration is whether the Resolution passed by the R.T.A., Dakshina Kannada, Mangalore, in Sub. No. 327/85-86 on 25-9-1985 selecting the petitioner for grant of permit should be restored in the light of new provisions of Motor Vehicles Act, 1988 in the background of the repeal of the Act that was prevalent when the said Resolution was passed.3. It is necessary to make reference to some of the new provisions dealing with the situation under the Motor Vehicles Act, 1988. S. 80 of the Motor Vehicles Act, 1988 (hereinafter called as the 'Act') reads as follows:'80: Procedure in Applying for and Granting Permits-(1) ...
Tag this Judgment!Malleshappa Yellappa Kokar Vs. V.B. Kolkar and Sons and Others
Court: Karnataka
Decided on: Jul-17-1989
Reported in: AIR1991Kant3
ORDERRamakrishna, J.1. Though this appeal is set down for orders, by consent of both sides, we heard it finally and disposed of by the following order.2. The appellant has questioned the correctness of the order passed in O.S. 267/88 dated 9-2-1989 on the file of the Principal Civil Judge, Hubli, rejecting the application for staying the suit. It may be necessary to mention here that by a perusal of Clause 5 of the agreement entered into between the parties in the instant case, it is seen that both parties were agreed for referring the dispute arising out of the partnership firm to the arbitrator. Class (5) reads thus :--'That in case of dispute amongst the partners or their legal representatives or successors either of the relating to the interpretation of the terms and conditions of this deed concerning any matter or touching the partnership before or after the termination of the said partnership business, the same shall be referred to Two Independent persons and their decision is bi...
Tag this Judgment!Veerabhadrappa Vs. State of Karnataka
Court: Karnataka
Decided on: Jul-17-1989
Reported in: 1990ACJ81; 1989(2)KarLJ255
A.K. Laxmeshwar, J.1. The above revision petition is directed against the judgment and order dated 26.8.1988 passed by the Sessions Judge, Raichur, in Criminal Appeal No. 36 of 1985, confirming the order dated 31.10.1985 passed by the J.M.F.C., Lingasugur in C.C. No. 297 of 1985.2. The facts of the case in brief are: That on 16.2.1985 at about 7.45 a.m. the accused drove the lorry bearing No. MYR 6060 on Kavital-Anwari Road near Anwari village rashly and negligently and dashed the said vehicle against Mallappa who was riding a bicycle coming from the opposite direction. Further it was alleged that he failed to inform the accident to the nearest police station. Therefore, there was a charge-sheet for the offence punishable under Sections 279 and 338, Indian Penal Code read with Section 89-B of Motor Vehicles Act. The learned Magistrate after recording the evidence of the prosecution witnesses, appreciated the evidence of both the sides and heard the arguments. Lastly, he passed an order...
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