Karnataka Court June 1990 Judgments
Canara Bank Relief and Welfare Society and ors. Vs. Nil
Court: Karnataka
Decided on: Jun-30-1990
Reported in: ILR1990KAR1339; 1990(3)KarLJ76
Venkatachala, J. 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-section (4) of Section 9 of the Hindu Adoptions and Maintenance Act, 1956 ('the Act'), as per Rule 10 of Order VII of the Code of Civil Procedure, 1908, at the same time requiring the petitioners to avail of the provision in Rule 10-A of Order 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 - Miscellaneous Case No. 10087/89 and Miscellaneous 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 Miscellan...
Tag this Judgment!Majalise Muntasima Khudad Vs. State of Karnataka
Court: Karnataka
Decided on: Jun-30-1990
Reported in: ILR1990KAR3505
ORDERK.A. Swami, J. 1 .In this petition under Article 228 of the of the Constitution of India, Majalise Muntasima Khudad, Tippu Nagar, Chamarajpet, Bangalore, has sought for issue of a Writ in the nature of Mandamus directing the 1st respondent to hold an enquiry into the gas tragedy that occurred at Tippunagar, Bangalore, on 5-2-1988 and submit a report recommending compensation to be paid to the victims. The petitioner has also sought for Issue of a direction to respondents-2 to 4 to give compensation to all the victims and their kith and kin as may be recommended by the enquiring authority and for such other Writs or direction as may be deemed fit in the circumstances of the case.2. Thus this is a public interest litigation filed by the aforesaid Association to secure relief to the members of the families of the deceased and also to the injured in the gas tragedy which took place on 5-2-1988 at Tippunagar in Chamarajapet.3. Respondent No. 1 is the State of Karnataka. Respondent No. ...
Tag this Judgment!Smt. Govindamma Vs. Murugesh Mudaliar and Others
Court: Karnataka
Decided on: Jun-29-1990
Reported in: AIR1991Kant290; ILR1990KAR2639
ORDERK. A. Swami, J.1. This regular second appeal is preferred against the judgment and decree dated 25-11-1989 passed by the Principal District Judge, Kolar in R. A. No. 3/1984 confirming the decree dated 30-11-1983 passed in O. S. No. 54/81 by the learned Civil Judge, K. G. F.2. This appeal has been referred to a Division Bench having regard to a conflict between the several decisions of this court regarding the jurisdiction of a civil court to pass a decree for possession against the tenant of a premise to which the provisions of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the 'Act'), are applicable.3. The premises in question are residential houses situated in Robertsonpet, K.G.F. The details of the premises are set out in the schedule to the plaint. We do not consider it necessary to repeat the same. It is sufficient to state that the provisions of the Act apply to Robertsonpet, K.G.F. wherein the premises in question are situated.4. The appellant was the 1st ...
Tag this Judgment!M/S. Cadila Laboratories (P) Ltd., Ahmedabad and Another Vs. M/S. Kama ...
Court: Karnataka
Decided on: Jun-29-1990
Reported in: AIR1991Kant303; ILR1990KAR2576
1. Defendants in O.S. 2/88 on the of file of the District Judge. Shimoga (hereinafter referred to as 'the trial Judge')have filed this appeal under O. 43, R. 1(r) of C.P.C. against the order dt. 27-3-1989 passed on I.A.I. by the trial Judge granting an order of temporary injunction in favour of the respondent and against the appellants restraining the latter from passing off their Ayurvedic herbal skin ointment bearing the trade name 'HERBINOL' and also from marketing the said product till the disposal of the suit.2. For the sake of convenienee, reference will hereinafter be made to the appellants as defendants and to the respondent as plaintiff which position they occupy in the suit in the trial Court.3. The suit which can be termed as 'a case of passing off action' was filed by the plaintiff in the Court of the trial Judge on 11-10-1988 for a judgment and decree against the defendants restraining them and their agents from infringing the trade mark of their skin ointment called 'HURB...
Tag this Judgment!Paramound Industries Vs. C.M. Malliga
Court: Karnataka
Decided on: Jun-29-1990
Reported in: ILR1991KAR254; 1990(3)KarLJ437
ORDERK.A. Swami, J.1. In the light of the decisions of this Court and also of the other High Courts taking different views on the question involved in this Civil Revision Petition, it is referred to a Division Bench.2. This C.R.P. is preferred against the order dated 24-8-1389 passed by the learned Additional Small Causes Judge (S.C.C.H.3), Bangalore City in Ex.No.4737/1989. The petitioner is an objector to the decree and the respondent is the decree-holder.3. The respondent is the landlord of the premises in question. He obtained an order of eviction under Section 21(1)(f) and (h) of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the 'Act') on 4-1-1989 against Sri A.M. Bhatia. The order of eviction was put into execution in Ex.Case No. 4737/1989. The petitioner objected to the same by filing an objection under Section 47 C.P.C. stating that the order of eviction passed in H.R.C. No. 2828/1986 against A.M. Bhatia was not binding upon him and that he was in possession ...
Tag this Judgment!C.D. Komkalimuth and Co. Vs. Commissioner of Commercial Taxes in Karna ...
Court: Karnataka
Decided on: Jun-28-1990
Reported in: [1990]79STC305(Kar)
M. Rama Jois, J. 1. This appeal is presented under section 24 of the Karnataka Sales Tax Act, 1957 ('the Act' for short) against the order of suo motu revision made ny the Commissioner of Commercial Taxes, in exercise of his powers under section 22A of the Act revising the order of the first appellate authority and levying tax at the rate of 5 per cent on the sale of gold and sliver articles for the period between 1st April, 1982 and 12th August, 1982. 2. Briefly stated the facts of the case are these : Gold and silver articles were subjected to sales to ax at the rate 4 per cent under section 5(1) of the Act during the period relevant to this case. By Notification dated 10th July, 1981 issued under section 8A of the Act, the Government accorded a concession in the rate of tax payable on sale of articles of gold and silver. The notification reads : 'Finance Secretariat Notification, Bengalore, dated 10th July, 1981. In exercise of the powers conferred by section 8A of the Karnataka Sa...
Tag this Judgment!K.G. Belliappa Vs. F.C. Kunder
Court: Karnataka
Decided on: Jun-28-1990
Reported in: ILR1990KAR4003; 1990(3)KarLJ79
ORDERK.A. Swami, J.1. This Civil Revision Petition is preferred against the order dated 13th April 1986 passed by the District Judge, Kodagu in Rev (Rent) 17/1985. The learned District Judge has reversed the order of eviction dated 7-9-1985 passed by the learned Principal Munsiff, Madikeri in HRC No. 4/1983. Hence, the landlord has come up in this revision petition.2. The premises is a residential house known as the 'Lodge' situated in S.No. 5, Block No. 18 of Madikeri Town. The petitioner is the landlord and the respondent is the tenant. The petitioner was in Railway service. On his retirement he filed an application under Section 21(1)(h) (i) and (k) of the Karnataka Rent Control Act 1961 (hereinafter referred to as the 'Act') on the ground that he has retired from railway service and he has no other premises for the use and occupation of himself and his family. Therefore, he pleaded that he reasonably and bona fide required the possession of the schedule premises. He also pleaded fo...
Tag this Judgment!V. Pappanna and Bros. Vs. Commissioner of Commercial Taxes in Karnatak ...
Court: Karnataka
Decided on: Jun-27-1990
Reported in: [1990]79STC177(Kar)
M. Rama Jois, J.1. This revision petition is presented under section 23(1) of the Karnataka Sales Tax Act, 1957, against the order of the Karnataka Appellate Tribunal dismissing the appeal presented by the petitioner and confirming the order of the assessment made under section 12(3) of the Act against the petitioner for the assessment period commencing from April 1, 1978 to March 31, 1979. 2. The facts of the case in brief are as follows : The assessee is a registered dealer under the Act having its principle place of business Santhepet, Mysore. The petitioner is a jaggery merchant. On July 25, 1980, a notice in the prescribed form No. 31-A was issued to the assessee. The notice reads : 'Whereas I am of the opinion that the return of turnover in form 4 of the year ending March 31, 1979, submitted by you is incorrect and incomplete, I propose to determine your total and taxable turnovers for the said period to the best of my judgment at Rs. (overleaf) and Rs. (overleaf) respectively. ...
Tag this Judgment!G. Sridharamurthi Vs. Hindustan Petroleum Corporation Ltd. and Another
Court: Karnataka
Decided on: Jun-26-1990
Reported in: AIR1991Kant249; ILR1991KAR65
ORDERK. A. Swami, J.1. This Civil Revision Petition is preferred against the order dated 20-4-1982 passed by the learned District Judge, Bellary, in H.R.C.R. No. 27/1981 confirming the order dated 27-8-1981 passed by the Principal Munsiff, Bellary in H.R.C. No. 48/1977. The petitioner is the landlord and the respondent is the tenant of the premises in question. The schedule premises is an open space measuring 66'6' x 40' situated at Bangalore-Bellary Trunk Road in the City of Bellary comprised in S. No. 432/25 in Ward No. XVII in the Registration District of Bellary bounded on the east by the Property of the petitioner occupied by M. G. Auto-mobiles Paints Shop; west by Bangalore Road; North by Compound Wall of Janathakal People and South by Road.2. This C.R.P. is referred to a Division bench on the ground that there is R.F.A. 384/1982 pending on the file of this Court concerning the very same premises relating to eviction of the tenant. Consequently, the revision petition is posted al...
Tag this Judgment!J.S. Basavaraj and Another Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Jun-26-1990
Reported in: AIR1991Kant279; ILR1990KAR2595
ORDER1. The petitioners have challenged in this petition the order passed by the Government (Annexure D)postponing the election to the offices of the President and the Vice President on the ground that such an order is illegal and without jurisdiction. The facts relating to the order are as follows:The petitioners and several others had filed their nominations seeking elections to the Doddaballapur Town Municipal council which consists of 23 members to be elected from 5 wards.As per the calendar of events, 29-4-1990 was the date of election.Unfortunately one of the candidates of Ward 2 died before the election.Accordingly the election in Ward 2 was countermanded.The councillors to be elected fro Ward 2 were 5 in number.As the election in Ward 2 was countermanded, the Returning Officer held election in the other wards, viz.,Wards Nos.1,3,4 and 5 and 18 persons came to be elected including the petitioners.The list of elected members was published by the Deputy Commissioner in the Gazette...
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