Karnataka Court March 1990 Judgments
In the Matter of Ashraya and Others Etc. Etc.
Court: Karnataka
Decided on: Mar-30-1990
Reported in: AIR1991Kant10
ORDERVenkatachala, J.1. These appeals are preferred by petitioners in two Guardians and Warrs cases against the common order dated 22-9-1989 made in 26 such clubbed eases by the Court of the XIX Additional City Civil Judge. Bangalore ('Court of City Civil Judge'), delectating return of the petitions filed by them under Sections 7 and 26 of the Guardians and Wards Act, 1890 ('the G & W Act'), as per Rule 10 of Order VII of the Code of Civil Procedure, 1908 ('the Code'), at the same time requiring the petitioners to avail of the provision in Rule 10-A of Order VII of the Code.2. The point, rather of considerable importance, which arises for our decision in these appeals, is whether the proceedings in the petitions filed by the appellants-petitioners in the Court of City Civil Judge (the District Court) under Sections 7 and 26 of the G & W Act, are proceedings of the nature falling under clause (g) of the explanation to sub-section (1) of Section 7 of the Family Courts Act, 1984 ('the Act...
Tag this Judgment!In the Matter of Canara Bank Relief and Welfare Society, and Others
Court: Karnataka
Decided on: Mar-30-1990
Reported in: AIR1991Kant6; II(1990)DMC496
1. These appeals are preferred by petitioners in Miscellaneous Cases Nos.10087/89 and 10078/89 against the common order dated 22-9-1989 made in seven clubbed cases by the Court of XIX Additional City Civil Judge ('the Court of City Civil Judge'), Bangalore, directing return of the applications filed by them under sub-s.(4) of S. 9 of the Hindu Adoptions and Maintenance Act, 1956 ('the Act'), as per R.10 of O.VII of the Code of Civil Procedure, 1908, at the same time requiring the petitioners to avail of the provision in R. 10-A of O.VII of that Code.2. Canara Bank Relief and Welfare Society, the first appellant in each of these appeals, was the first petitioner in each of the cases Misc.Case No.1087/89 and Misc.Case No. 10078/89,on the file of the Court of City Civil Judge.K.S.Nair and Mrs. Sulekha Nair, the second and the third appellants in M.F.A.FR. No.12573/89,were the second and the third petitioners in Misc.Case No. 10087/89,on the file of the Court of City Civil Judge.T.L.Naraya...
Tag this Judgment!Commissioner of Income-tax Vs. Karnataka State Warehousing Corporation ...
Court: Karnataka
Decided on: Mar-30-1990
Reported in: (1990)85CTR(Kar)172; [1990]185ITR25(KAR); [1990]185ITR25(Karn)
S. Rajendra Babu, J.1. This is a reference at the instance of the Revenue. The assessment year with which we are concerned is 1978-79. 2. The assessee in this case is a warehousing corporation. The Income-tax Officer, following his earlier order for the assessment year 1977-78, held at the income from receipts by way of fumigation, dis infestation charges (external) and laboratory analysis charges in addition to income are taxable. Regarding the allocation of expenses, the ratio of non-taxable receipts and taxable receipts excluding the bank interest and the dividends as adopted in the earlier years was followed. The assessee claimed interest under section 214 on the advance tax of Rs. 41,375. The Income-tax Officer disallowed interest stating that it has been paid after the due date. Aggrieved by this order, the assessee appealed to the Commissioner of Income-tax (Appeals). The assessee urged before the commissioner that the assessment was wrong inasmuch as the Income-tax Officer had ...
Tag this Judgment!Sri Kari Thimmarayaswamy Education Society Vs. State of Karnataka
Court: Karnataka
Decided on: Mar-30-1990
Reported in: ILR1990KAR1211
ORDERBalakrishna, J.1. In these Writ Petitions, the legality and validity of the Government Order dated 13-6-1988 prescribing P.U.C. as the qualification for admission to C.P.Ed. course in substitution for S.S.L.C. is questioned.2. The petitioners are private Educational Institutions. The petitioner in W.P.No. 18217/88 is running Sri Gnanajyothi C.P.Ed. College at Srinivasapura, Kolar District. The sanctioned intake of the College is 40 for the academic year 1988-89 and the College has admitted 3 P.U.C. students since no other P.U.C. holders came forward for admission and the rest of the students have S.S.L.C. qualification.The petitioner in W.P.No. 18218/88 is run by Krishna Vidya Samsthe. For the academic year 1988-89, it has admitted 8 P.U.C. holders since no other P.U.C. holders came forward to join the college and the rest of the students have S.S.L.C. qualification.The petitioner in W.P.No. 18666/88 is running Saraswathi C.P.Ed. College at Sira, Tumkur District. The sanctioned in...
Tag this Judgment!Ashraya Vs. Nil
Court: Karnataka
Decided on: Mar-30-1990
Reported in: ILR1990KAR1349
Venkatachala, J. 1. These appeals are preferred by petitioners in two Guardians and Wards cases against the common order dated 22-9-1989 made in 26 such clubbed cases by the Court of the XIX Additional City Civil Judge, Bangalore ('Court of City Civil Judge'), directing return of the petitions filed by them under Sections 7 and 26 of the Guardians and Wards Act, 1890 ('the G & W Act'), as per Rule 10 of Order VII of the Code of Civil Procedure, 1908 ('the Code'), at the same time requiring the petitioners to avail of the provision in Rule 10A of Order VII of the Code.2. The point, rather of considerable importance, which arises for our decision in these appeals, is whether the proceedings in the petitions filed by the appellants-petitioners in the Court of City Civil Judge (the District Court) under Sections 7 and 26 of the G & W Act, are proceedings of the nature falling under Clause (g) of the Explanation to Sub-section (1) of Section 7 of the Family Courts Act, 1984 ('the Act'), res...
Tag this Judgment!Ashraya and ors. Vs. Jan-erik Lundqvist and ors.
Court: Karnataka
Decided on: Mar-30-1990
Reported in: II(1990)DMC524
N. Venkatachala, J. 1. These appeals are preferred by petitioners in two Guardians & Wards cases against the common order dated 22-9-1989 made in 26 such clubbed cases by the Court of the XIX Additional City Civil Judge, Bangalore ('Court of City Civil Judge'), directing return of the petitions filed by them under Sections 7 and 26 of the Guardians and Wards Act, 1890 ('the G & W Act'), as per Rule 10 of Order VII of the Code of Civil Procedure, 1908 ('the Code'), at the same time requiring the petitioners to avail of the provision in Rule 10-A of Order VII of the Code. 2.The point, rather of considerable importance, which arises for our decision in these appeals, is whether the proceedings in the petitions filed by the appellants-petitioners in the Court of City Civil Judge (the District Court) under Sections 7 and 26 of the G & W Act, are proceedings of the nature falling under Clause (g) of the explanation to Sub-section (1) of Section 7 of the Family Courts Act, 1984 ('the Act'), r...
Tag this Judgment!State Bank of India Vs. K.B. Raju and anr.
Court: Karnataka
Decided on: Mar-29-1990
Reported in: [1991(61)FLR566]; 1990(1)KarLJ344; (1994)IIILLJ490Kant
ORDERBalakrishna, J. 1. The petitioner has sought for the quashing of the order dated 20.7.1989 passed by the Central Government Industrial Tribunal, Bangalore, on I A-VI in Central Reference No. 46 of 1988 on its file and consequentially for an order allowing I A-VI filed by the petitioner and to direct the Tribunal to receive the original enquiry proceedings book (original of Ex.M-13 therein) and direct it to review its order dated 6.3.1989 in the light of the production of the said document. In the application for additional prayer dated 8.2.1990 filed on 22.2.1990, alternatively the petitioner has prayed for quashing the order dated 6.3.1989 passed by the Tribunal and to direct it to take into consideration the original of Ex.M-13 produced before it and to pass an order afresh on the additional issue.2. I.A-VI is an application preferred under Rules 24 and 28 of the Industrial Disputes Act, 1947 ('the Act' for short) wherein the petitioner herein is the II Party whereas respondent-...
Tag this Judgment!K. Sathyashankara Shetty Vs. Mangalore University, Mangalore and Anoth ...
Court: Karnataka
Decided on: Mar-28-1990
Reported in: AIR1992Kant79; ILR1990KAR1064
ORDER1. The petitioner is aggrieved by the expulsion order passed on 25-8-1989 by the second respondent against him and has questioned the validity of the said order. The material facts are as follows:--The petitioner is a student of Final Year B.Com., in Shri Dhavala College, Mudibidri. It is claimed that the petitioner hails from a respected family and that his father is a well-known and respected headmaster of Zilla Parishad Higher Primary School, Kalya in Karkala Taluk and that the student electorate of Shri Dhavala College, in recognition of the dynamic qualities of the petitioner as a student, elected him as Senate Representative from their college for the academic year 1988-89.2. On 12-7-1989, the Principal, Shri Dhavala College, Mudibidri served a show cause notice on the petitioner to which the petitioner submitted the reply dated 17-7-1989. The show cause notice is reproduced below:Sri Dhavala College (Sponsored by Shree Moodbidri DigamberJain Vidyavardhaka Sangha(Regd.) Moo...
Tag this Judgment!Rajanna Vs. House Rent and Accommodation Controller
Court: Karnataka
Decided on: Mar-28-1990
Reported in: ILR1990KAR2035; 1990(2)KarLJ100
K.A. Swami, J.1. This Writ Appeal is preferred against the order dated 31-1-1990 passed in Writ Petition No. 19550 of 1989. The appellant was the petitioner in the Writ Petition. He sought for quashing the orders dated 6-2-1989 and 27-10-1989, passed by Respondents 1 and 2, respectively under Section 10A of the Karnataka Rent Control Act, 1961 (hereinafter referred to as 'the Act') directing eviction of the appellant/petitioner from the premises in question bearing No. 31, Chowlagalli, Cubbonpet, Bangalore-2.2. The learned Single Judge has held that irrespective of the fact that there is a dispute between Respondents 3 and 4 regarding title to the premises in question and that dispute is going on in a suit before a Civil Court, as the building was more than 5 years old in the year 1985 and as the appellant/petitioner was inducted into the premises without an order of allotment by the Rent and Accommodation Controller contrary to the provisions contained in Section 4 of the Act and also...
Tag this Judgment!V. M. Salgaocar and Brothers Ltd. Vs. Deputy Controller, Reserve Bank ...
Court: Karnataka
Decided on: Mar-27-1990
Reported in: (1991)93CTR(Kar)49
ORDERM. P. CHANDRAKANTARAJ URS, J. :These four writ petitions are disposed of by the following common order as the grievances of the petitioner therein are identical and they have sought the same relief. The petitioner in W.P. No. 6979/1989 is M/s. V. M. Salgaocar and Brother Ltd., of Vasco de Gama Goa. The petitioner in W.P. No. 7166/1989 is M/s. Chowgule & Company Ltd., Mormugao Harbour, Goa. The petitioner in W.P. No. 7273/1989 is M/s. Sociedade de Fomento Industrial Ltd., Margao, Goa. The petitioner in W.P. No. 10636/1989 is M/s. V. S. Dempo & Company Ltd., Campal, Panaji, Goa.2. All the petitioners are mine owners, mining among other things manganese and iron ores and they are also exporters of the ores to foreign countries mostly to Japan and Korea. It is alleged in the first of the petitions (I propose to go by the facts stated in that petition), that it entered into the agreement with the foreign buyer on credit price for iron and/or manganese ore and foreign buyers sent their ...
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