Karnataka Court May 1991 Judgments
A.K. Subbaiah Vs. State of Karnataka
Court: Karnataka
Decided on: May-31-1991
Reported in: ILR1992KAR386
Chandrakantaraj Urs, J.1. This matter has come before us on account of the office objection,2. The facts leading to this Appeal which are required to be stated briefly are as follows: The appellants presented a Criminal Revision Petition No. 482/1986 in this Court purporting to be a Criminal Revision Petition under Sections 397 and 401 read with Section 482 of the Cr.P.C,. While that petition was pending disposal, three applications were filed as interlocutory applications namely, I.As. II, III and IV, I.A. No. II was an application to urge additional grounds mentioned therein to be included in the Revision Application which was pending, I.A. No. III was an application to implead one Shri Rajendfa Prasad who had been named as accused-5 in Criminal Case No. 52/1986 on the file of the Principal City Civil and Sessions Judge, Bangalore City. I.A. No. IV was an application which was somewhat consequential to the prayer made in I.A. No. II seeking Union of India also to be impleaded as a pa...
Tag this Judgment!Sri N.O. Shetty Vs. Karnataka State Road Transport Corporation by Its ...
Court: Karnataka
Decided on: May-30-1991
Reported in: AIR1992Kant94; 1991(2)KarLJ588
1. Tender Notification No. 1172/90 dated 22-8-1990 was issued by the Karnataka State Road Transport Corporation, Bijapur Division, for selection of licensee to run a vegetarian Refreshment Room at Mudhol Bus Station on licence basis for a period of 3 years. The appellant was a licensee whose licence had come to an end on 21-11-1990. He also submitted his tender for Rs. 9,555/- while the 4th respondent -- Ravindra Shetty submitted his tender for Rs. 9,666/-.2. It is beyond dispute and in fact admitted before us that the tender of the appellant was not accompanied by one important document stipulated under Clause 7 of the tender Notification No. 1172/90. That under sub-clause (c) of Clause 7 it is stated as under :--'Security Deposit in the form of Banker's Guarantee from a scheduled Bank in Form No. IV or in the form of fixed deposit assigned in the name of the DivisionalController, KSRTC Bijapur Division or in cash for a sum equivalent to 12 (twelve) months licence fee stated by the te...
Tag this Judgment!Yashoda Bai Vs. Krishnamoorthy Bhimappa Katavkar
Court: Karnataka
Decided on: May-30-1991
Reported in: AIR1992Kant368; I(1992)DMC442; 1991(2)KarLJ265
ORDERChandrakantaraj URS, J.1. This Appeal is directed against the order made by the learned Civil Judge at Sirsi, in Matrimonial Case No. 6 of 1980 on his file. The order is dated 18-12-1982.2. The facts leading to this Appeal briefly stated, are as follows:The Respondent-husband filed a petition under S. 13(l)(1-a) and (1-b) of the Hindu Marriage Act for dissolution of his marriage with the Appellant before us. In his petition, he, inter alia alleged that his marriage with the Appellant before us who was the Respondent in the Court below was solemnized on 25-11-1960 at Sagar. After marriage, they lived a happy married life and out of the wedlock, three sons and a daughter were born. Some four years prior to the presentation of the petition, the appellant-wife began to quarrel with his mother, brothers for no reason at all causing mental cruelty to him. He averred in the petition that his mother was an old woman who needed his care and protection. Rest of his family consisting of two ...
Tag this Judgment!Anitha Cashew Industries Vs. Commercial Tax Officer, Ii Circle, Udupi ...
Court: Karnataka
Decided on: May-30-1991
Reported in: 1993(43)ECC156; [1993]90STC163(Kar)
S.R. Rajasekhara Murthy, J. 1. The petitioner is engaged in the business of converting raw cashew into cashew kernel. The petitioner purchases raw cashew nuts from unregistered dealers for his business. The petitioner's manufacturing unit is recognised as a tiny-sector industrial unit for purposes of availing tax exemption extended by the Government of Karnataka as per notification dated March 31, 1983. 2. Under the said notification issued by the State Government in exercise of the powers conferred by section 8A of the Karnataka Sales Tax Act ('the Act'), the petitioner is exempt from tax or taxes payable under the Act on the turnover of goods manufactured in Karnataka and sold by all tiny-sector industrial units which are eligible for the exemption under the said notification. 3. The contention of the petitioner is that the department, on a literal interpretation of the notification, is of the opinion that only the sale turnover of finished products is exempt from levy of tax and not...
Tag this Judgment!Tumkur Town Veerashaiva Co-operative Bank Ltd. Vs. H.C. Shyamala
Court: Karnataka
Decided on: May-29-1991
Reported in: [1994]81CompCas19b(Kar)
Mohan, C.J. 1. The first respondent borrowed a sum of Rs. 1,45,000 from the appellant co-operative bank to enable her to purchase a motor vehicle. There was an agreement of hypothecation between the first respondent and the appellant-bank. The stage carriage vehicle bearing No. MYT 5292, was hypothecated to the appellant-bank for security of the repayment of loan. A promissory note was also executed for the said sum of Rs. 1,45,000. Thereafter, the first respondent committed default. In spite of several notices issued by the bank no payment was forthcoming. Consequent to that as per the terms of clause 5 of the agreement of hypothecation, the appellant-bank seized the vehicle. Concerning the seizure, a dispute was raised under section 70(2) of the Karnataka Co-operative Societies Act, 1959. The matter came up before the Assistant Registrar of Co-operative Societies, Tumkur. By his order dated April 18, 1983, in dispute No. 37/82-83, the contention of the bank that, in terms of section ...
Tag this Judgment!Regional Director, E.S.i. Corporation Vs. Karnataka Asbestos Cement Pr ...
Court: Karnataka
Decided on: May-29-1991
Reported in: [1991(63)FLR638]; 1991(2)KarLJ264; (1999)IIILLJ235Kant
M.P. Chandrakantarajurs, J.1. The Regional Director, Employees' State Insurance Corporation who was the first respondent in E.S.I. Application No. 30 of 1986 being aggrieved by the order dated February 4, 1991, passed by the Employees' State Insurance Court at Bangalore in E.S.I. Application No. 30/ 1986 holding that the applicant before it was not required to be covered by the Employees' State Insurance Corporation as the applicant had less than ten persons in his establishment, has questioned the legality and correctness of the said order inter alia on the ground that the finding recorded by the E.S.I. Court is not correct and in accordance with law.2. The respondent-Karnataka Asbestos Cement Products filed an application under Section 75 of the Act challenging the order and consequent demands passed under Section 45-A demanding a sum of Rs. 24,364/- for the period between January 1980 to December 1985 and contribution of Rs. 3,509/- for the period from January 1, 1986 to May 31, 198...
Tag this Judgment!Society of Sisters of Charity St. Gerosa Convent and Others, Etc. Vs. ...
Court: Karnataka
Decided on: May-28-1991
Reported in: AIR1992Kant263
ORDERChandrakantaraj Urs, J.1. These two appeals are disposed of by the following common order as the questions of law which arise out of them are similar as well as the facts. 2. For convenience, we state the facts of the cases in M.F.A. 2092 of 1990 as well as in M.F.A. 2093 of 1990: The appeal is directed against the separate orders dated 26th day of February, 1990 in G. & W.C. 56 of 1989 on the file of the 1st Additional Civil Judge and Judicial Magistrate, Mangalore and G. & W.C. 57 of 1989, The first applicant before the lower Court in both the cases was the Society of Sisters of Charity represented by the head of the institution -- Sister Evangeline Menezes, Superior, Nirmala Social Welfare Centre, Ullal, Dakshina Kannada. The 2nd and 3rd applicants, who are appellants in M.F.A. 2092/1990 are Mr. Armando Francesetti and Mrs. Enrice Munini-Francessetti. The secondand third appellants in M.F.A. 2093 of 1990 are Mr. Solaroli and Mrs. Anna Fabbri-Solaroli of Italy represented by Sis...
Tag this Judgment!The Karnataka State Road Transport Corporation Vs. the State of Karnat ...
Court: Karnataka
Decided on: May-28-1991
Reported in: AIR1992Kant385; 1991(2)KarLJ580
1. A scheme or Nationalisation of the route Chitradurga to Davanagere was promulgated by the appellant on 23-9-1987 and the same was approved. The validity of that scheme was challenged by the Private Operators including the present respondents-4 to 10 in Writ Petitions Nos. 16574 to 16579 of 1987 batch. By the Order of this Court dated 5th January 1988, the challenge was discountenanced and ultimately the scheme was held to be valid. Thereupon, the matter was taken up to the Supreme Court in Special Leave to Appeal (Civil) Petition No. 3353/1988. The Special Leave Petition was dismissed on 21-3-1988. Thereafter, by proceedings of the Meeting of the Karnataka State Road Transport Authority, Bangalore, dated 5-2-1988, respondents 4 to 10 were called upon to produce the respective permits in Parts-A and B within 30 days from the date of receipt and obtain endorsement of curtailment of overlapping portions without fail. At this stage, it requires to be stated that the routes of these resp...
Tag this Judgment!Society of Sisters of Charity Vs. Karnataka State Council for Child We ...
Court: Karnataka
Decided on: May-28-1991
Reported in: ILR1991KAR3543
M.P. Chandrakantaraj Urs, J. 1. These two Appeals are disposed of by the following Common Order as the questions of law which arise out of them are similar as well as the facts.2. For convenience, we state the facts of the cases in M.F.A. 2092 of 1990 as well as in M.F.A.2093 of 1990:The Appeal is directed against the separate orders dated 26th day of February, 1990 in G & W.C. 56 of 1989 on the file of the 1st Additional Civil Judge and Judicial Magistrate, Mangalore and G & W.C. 57 of 1989. The first applicant before the lower Court in both the cases was the Society of Sisters of Charity represented by the Head of the institution - Sister Evangeline Menezes, Superior, Nirmala Social Welfare Centre, Ullal, Dakshina Kannada. The 2nd and 3rd applicants, who are the appellants in M.F.A. 2092/1990 are Mr. Armando Francesetti and Mrs. Enrice Munini Francesetti, The second and third appellants in M.F.A. 2093 of 1990 are Mr. Solaroli and Mrs. Anna Fabbri-Solaroli of Italy represented by Sist...
Tag this Judgment!C.S. Veeranna Vs. Managing Director, Davanagere Sugar Factory
Court: Karnataka
Decided on: May-27-1991
Reported in: 1993ACJ71; 1991(2)KarLJ263; (1993)IIILLJ706Kant
ORDERChandrakantaraj Urs, J.1. This appeal by the workman against the order of the Commissioner under the Workmen's Compensation Act, 1923 (Act for short) Davanagere, dated 16.6.1990, rejecting his claim for compensation due to the disability he suffered on account of the stroke he had suffered before his superannuation from the employment of the respondent-Company, namely Davanagere Sugar Factory.2. His application came to be rejected solely on the ground that the illness certified by the Board of Examiners appointed by the Commissioner for that purpose indicated that his partial paralysis on the right side affecting his sense of touch was not relatable to the nature of work he did in the factory which was that of a Turner.3. Before us, however, Mr. B. Veerabhadrappa strenuously contended that the disease with which the petitioner-appellant suffered was really one falling under the last entry in part-C of Schedule-III of the Act. That item or entry is Bagassosis. Bagassosis, according...
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