Karnataka Court January 1990 Judgments
Bheemappa and Another Vs. Primary Land Development Bank Ltd. and Other ...
Court: Karnataka
Decided on: Jan-31-1990
Reported in: [1992]74CompCas172(Kar); 1990(3)KarLJ152
Rajendra Babu, J. 1. This petition is directed against the order made by the Karnataka Appellate Tribunal dismissing the appeal filed before it affirming the order of award made by the arbitrator under the Karnataka Co-operative Societies Act, 1959 (in short 'the Act'), in a dispute arising under section 70 thereof. 2. The facts giving rise to this petition are as follows : The petitioner's father borrowed a sum of Rs. 12,960 from the first respondent-society in the year 1974-75 with a condition to repay the same in instalments and the loan was secured by a mortgage under a deed; the term of the loan was that the same shall be repaid in fifteen annual instalments as stipulated in the bond. On the allegation that the petitioner's father did not pay the amount, steps were taken to recover the same by initiating proceedings under section 70 of the Act. An award thereto came to be made. The only ground pointed out by the petitioners in this writ petition is that the award is bad as barred ...
Tag this Judgment!State of Karnataka Vs. Mahadevappa Mallappa Hatti
Court: Karnataka
Decided on: Jan-30-1990
Reported in: ILR1990KAR765; 1990(1)KarLJ258
Mohan, C.J.1. All these Writ Appeals can be dealt with under a common Judgment, as they raise a common question of law as to the scope of interpretation of Section 135(3) of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (for short 'the Act'). The Writ Petitions out of which these Appeals arise question the validity of the Circular dated 19th December, 1989 bearing No. GRAHAPA: 26 THAPASA 89, issued by the Director, Department of Rural Development and Panchayat Raj.2. The pith and substance of such Circular is, that by reason of the general elections held in the State, the Members of the Legislative Assembly who have been newly elected shall be entitled to be the Chairman of the Taluka Panchayat Samithis and those elected shall have to vacate the office except during the non--availability of all those Members of the Assembly. The Writ Petitioners stated that during the President's regime the Assembly having been dissolved, ther...
Tag this Judgment!P.V. Balakrishana Reddy Vs. Director of Mines and Geology
Court: Karnataka
Decided on: Jan-30-1990
Reported in: ILR1990KAR1858
K.A. Swami, J.1. This Writ Appeal is preferred against the order dated 13th June, 1983 passed in W.P.No. 4751/1983. The appellant/petitioner sought for the following reliefs in the Writ Petition:'a) to declare that the petitioner is entitled to enjoy the lease hold rights over the leased area covered by lease deed bearing No. 1924 for a further period of 1 year 9 months and 16 days from 9-3-1983 by the issue of a Writ of Mandamus or any other appropriate order.b) to issue a Writ of Mandamus directing the respondents its Officers subordinates and men not to prevent the petitioner from enjoying the lease hold rights over the leased area for a further period of 1 years 9 months and 16 days from 9-3-1983.c) to award costs of the petitioner;d) to pass such further or other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.'2. In this Judgment the appellant will be referred to as the petitioner.3. The petitioner was granted a quarry lease on 8-3-1...
Tag this Judgment!Venkatalakshmamma and ors. Vs. R. Vijayaraghavan and ors.
Court: Karnataka
Decided on: Jan-30-1990
Reported in: I(1991)ACC638; 1991ACJ1119; 1991(1)KarLJ327
S.A. Hakeem, J.1. Both these appeals arise from the same judgment and award in M.V.C. No. 14 of 1981, a claim preferred by the sisters and br of one Somasekhara who died as a result of a motor vehicle accident involving motor cycle No. MEY 7885 which occurred on 7.8.1980 in K.R. Pet. The Tribunal awarded global compensation of Rs. 13,200/- only in favour of the m of the deceased and that too, only against the alleged driver of the vehicle. The owner and insurer were exonerated from their liability. The claimants have preferred the first appeal seeking enhancement of the compensation and also for award in favour of all the claimants and also against the owner and insurer of the vehicle. The alleged driver has preferred the second appeal challenging the finding that he was driving the vehicle or that he was negligent and he has also challenged the award, so far as the respondents having been exonerated.2. For easy reference, the parties shall hereafter be referred to by virtue of their r...
Tag this Judgment!Raja Silk House (P) Ltd. Vs. P.S. Narayanaswamy
Court: Karnataka
Decided on: Jan-29-1990
Reported in: 1990(27)ECC94; ILR1990KAR872
ORDERChandrakantaraj Urs, J.1. The petitioner in this criminal petition has prayed for action being initiated by this Court against the respondent in respect of an offence alleged to have been committed by him in Writ Petition No. 7310 of 1987 since disposed of, inter alia, on the ground that the respondent therein deliberately, with the intention of misleading the Court, affirmed the statement of objections giving false figures as contained in para 6 of the statement of objections filed in the aforementioned Writ Petition. Para 6 of the Statement of objections which is annexed as Annexure 'B' to the Criminal Petition reads as follows:'In the instant case, the petitioner had produced the DEEC Book for discharge of the export obligation as and when he made exports. However, in respect of 26 such entries made in the DEEC Book, the authorities have noticed that the petitioner had deliberately manipulated the figures with a view to inflate his claim for discharge of the export obligation. ...
Tag this Judgment!M/S. the Indian Hume Pipe Co. Ltd. and Another Vs. Bangalore Water Sup ...
Court: Karnataka
Decided on: Jan-25-1990
Reported in: AIR1990Kant305; ILR1990KAR1153
ORDERS. Mohan, C.J.1. The first appellant the Indian Hume Pipe Company Limited is a reputed manufacturer of prestressed concrete pipes and has been supplying the same for Water Supply and Sewerage Schemes throughout India for more than thirty years. They have supplied the said pre-stressed concrete pipes to the satisfaction of various authorities including Government of Karnataka for Karwar Water Supply Scheme and other Municipalities and Government Departments in India.2. The first respondent, Bangalore Water Supply and Sewerage Board (hereinafter to be referred to as the Board) issued a Tender Notification on 4th of March 1989 for manufacture and supply of pre-stressed concrete pipes of 600 mm I.D. The approximate value of the supply was shown as Rs. 20,11,350/-. The tender documents were available for a non-refundable price of Rs. 1,620/-. The tender was required to be accompanied by an Earnest Money Deposit of Rs. 20,113/-.3. The appellant company paid the sum of Rs. 1,620/- and ob...
Tag this Judgment!P. Nagaraj Vs. Joint Registrar of Co-operative Societies
Court: Karnataka
Decided on: Jan-25-1990
Reported in: ILR1990KAR858; 1990(2)KarLJ2
Balakrishna, J. 1. This Writ Petition is directed against the order dated 16-5-1986 under Annexure-L passed by the Joint Registrar of Co-operative Societies, Mysore Division, Mysore, which reads as follows:- "No. JRM/4/NWS/85-86 Dated: 16-5-1986 ORDER In exercise of the powers vested under Section 126A read with Section 29(c) KCS Act 1959, I, S.T. Honnegowda, Joint Registrar of Co-operative Societies, Mysore Division, Mysore hereby disqualify Sri P. Nagaraj, Ex-President of the Mysore District Central Co-operative Wholesale Stores Ltd., Mysore from serving on the committee of any co-operative institutions or holding any office in any co-operative institutions for a period of 2 years from the date of this order, due to his fraudulent act in the transaction of the nylon zips, pertaining to the Janatha Bazaar, Unit I the Mysore District Central Co-operative Wholesale Stores Ltd., Mysore. Given under my hand and seal this day the 16th May 1986. Sd/- Joint Registrar of Co-operative Societie...
Tag this Judgment!Venkatappa and anr. Vs. the Chairman, Family Courts and ors.
Court: Karnataka
Decided on: Jan-24-1990
Reported in: II(1990)DMC144; 1990(1)KarLJ225
M.P. Chandrakantaraj Urs, J.1. In this petition under Articles 226 and 227 of the Constitution the petitioners have sought to implead themselves in the proceedings before the Family Court at Bangalore.2. One Nagarathna brought a suit in the family Court against her husband inter alia contending that the husband is not on cordial terms with her and she is living separately and she has been in possession of Schedule 'A' and 'B' properties, living in one and carrying on her trade and business in another. The husband of the plaintiff-wife is trying to dispossess her from the building. Therefore, she approached the Family Court in that behalf and a temporary injunction has been granted restraining the husband from interfering with the peaceful possession of the plaintiff in respect of the suit Schedule properties.3. The petitioners who wanted to be impleaded as parties filed I.A. IV. The parties do not question the right, title and interest of either the wife or the husband and therefore th...
Tag this Judgment!State of Karnataka and Another Vs. R.N. Shetty and Co., Engineers and ...
Court: Karnataka
Decided on: Jan-19-1990
Reported in: AIR1991Kant96; ILR1990KAR1309; 1990(1)KarLJ286
ORDERRajendra Babu, J. 1. This appeal is filed under Section 39(1) of the Arbitration Act questioning the legality and correctness of the judgment and decree dated 18-4-1987 made by the learned Civil Judge, Yadgir, in Misc. No. 2/1987, on his file, making award Rule of the Court.2. The essential facts, in brief, are as follow :The construction work in repeat of Upper Krishan Project Narayanapur Left Bank Canal Reach No. 1 from Km 35.5 to Km 41 excluding Rajankollur Tunnel from Ch. 26.231 to 39.834, was granted to the respondent under an agreement dated 7-1-1980. The value of the contract was fixed at Rs. 115.12 lakhs with increases by 3.22 per cent above the estimated cost. The agreement dated 7-1-1980 stipulated that the contract was to be executed within thirty months fixing the date of completion of the contract on 23-7-1982. Disputes arose between the contractors and the appellants during the progress of the work which could not be settled between them. Clauses 71 and 72 of the agr...
Tag this Judgment!Hotel Broadway Complex Vs. Administrator, Corporation of the City of B ...
Court: Karnataka
Decided on: Jan-19-1990
Reported in: ILR1990KAR629; [1990]183ITR569(KAR); [1990]183ITR569(Karn); 1990(1)KarLJ252
S.R. Rajashekara Murthy, J. 1. In these writ petitions, the special notice issued under rule 9, Schedule III of the Taxation Rules framed under the Karnataka Municipal Corporations Act (annexure-C), the demand made by the Corporation pursuant to the revision (annexure-E) and the order passed by the Administrator dated December 23, 1981 (annexure-J), are challenged. 2. The petitioner, a partnership firm, is the lessee under a lease deed dated June 1, 1959, executed by on Smt. Kamala Krishna Iyengar and B. K.Govindaraj in respect of the property described in Schedules A and B to the said leases deed. 3. Schedule A refers to the premises bearing No. 12 'Manorama', Kempegowda Road, Bangalore City, consisting of the main building and outhouse along with adjoining vacant land. Schedule B is the portion of the main premises let out and on which there existed a petrol bunk and other structures. 4. The petitioners executed a deed of agreement on September 7, 1966, as per annexure-B, in favour o...
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