Karnataka Court April 1992 Judgments
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Prof. A. Lakshmisagar and Etc. Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Apr-24-1992
Reported in: AIR1993Kant121; 1992(2)KarLJ369
ORDERRama Jois, J.1. The State Government has nullified the order of this Court in the order impugned in these petitions, is the most extraordinary feature disclosed in this case, in that, in the impugned order the State Government has directed that several orders made by the Special Deputy Commissioner, Bangalore Rural District under S. 95 of the Karnataka Land Revenue Act according permission for conversion of 414 acres of agricultural land for non-agricultural use, to wit, for establishing a housing colony on the banks of Arkavati River near Thippagondanahalli Water Reservoir, one of the sources of supply of drinking water to the City of Bangalore, which were quashed by this Court, in Writ Petitions Nos. 19919 to 19954 and 21172 to 21177/1982 presented by the Bangalore Water Supply and Sewerage Board, which order was confirmed in Writ Appeals Nos. 744 to 785 of 1987, shall continue.2. The above ground urged by the petitioners against the impugned order caused consternation to us, as...
D. Saraswathi Vs. Rent and Accommodation Controller
Court: Karnataka
Decided on: Apr-24-1992
Reported in: ILR1992KAR1706; 1992(2)KarLJ400
ORDERHakeem, J. 1. Issue rule.2. By consent of the learned Counsel for the parties, the matter is heard for final disposal.3. The petitioner has mainly sought for the following reliefs:-(a) Issue a Writ of Certiorari quashing Annexure-B, the Warrant of Delivery issued by the first respondent in favour of 2nd respondent dated 4-2-1992; (b) Direct the respondents to re-deliver the property which is more fully described in the schedule below to the petitioner and also return all her articles which were taken possession by the respondents 1 and 2 by dispossessing her in pursuance of the Delivery Warrant mentioned above. 4. On the vacancy report filed by one Sathyavatsala, the Rent Controller notified vacancy of the premises, viz., No. 19 (portion), situated in Gavipuram Circle, Bangalore-19. The case of the petitioner is that, in pursuance of that notification, she filed an application for allotment of the said premises. On 11-12-1991, the petitioner being the sole applicant as also having...
Prof. A. Lakshmisagar Vs. State of Karnataka
Court: Karnataka
Decided on: Apr-24-1992
Reported in: ILR1992KAR1529
ORDERRama Jois, J.1. The State Government has nullified the order of this Court in the order impugned in these petitions, is the most extraordinary feature disclosed in this case, in that, in the impugned order the State Government has directed that several orders made by the Special Deputy Commissioner, Bangalore Rural District under Section 95 of the Karnataka Land Revenue Act according permission for conversion of 414 acres of agricultural land for non-agricultural use, to wit, for establishing a housing colony on the banks of Arkavati River near Thippagondanahalli Water Reservoir, one of the sources of supply of drinking water to the City of Bangalore, which were quashed by this Court, in Writ Petitions Nos. 19919 to 19954 and 21172 to 21177/1982 presented by the Bangalore Water Supply and Sewerage Board, which order was confirmed in Writ Appeals Nos. 744 to 785 of 1987, shall continue.2. The above ground urged by the petitioners against the impugned order caused consternation to u...
Shri Kudli Sringeri Maha Samsthanam Vs. State of Karnataka
Court: Karnataka
Decided on: Apr-24-1992
Reported in: ILR1992KAR1827; 1992(3)KarLJ258
ORDERVenkatachala, J. 1. Writ Petition No. 7230-1979 of Kudli Sringeri Maha Samsthanam (for short 'Kudli Sringeri Mutt') and Writ Petition No. 2590/1979 of the State of Karnataka (for short 'the State'), which were heard by us as a Division Bench, on a reference made by a learned single Judge under Section 9 of the Karnataka High Court Act, 1961, are being disposed of by this common order.2. As questions of constitutionality of certain statutory provisions and the validity of the orders made under certain statutory provisions, arising for our consideration and Decision in these Writ Petitions, could be better appreciated and decide upon, on the basis of the undisputed factual antecedents and the statutory law bearing upon them, it would be convenient to advert to the same at the very outset,3. Kudli Sringeri Mutt in the Mysore Area of Karnataka, founded by the great Seer Adi Shankaiacharya is an ancient institution of religious teachings and instructions. In about the year 1870, the th...
Nitte Education Trust and Another, Etc. Vs. State of Karnataka and Oth ...
Court: Karnataka
Decided on: Apr-23-1992
Reported in: AIR1993Kant167; 1992(3)KarLJ160
ORDER1. Since the question of law involved in all these petition is common, all these petitions are clubbed together and a common order is passed.2. A few facts in each case are as follows :W.P. No. 7385 of 1989 : The case of the petitioners is that the 1st petitioner is ,,a linguistic minority institution of Tulu speaking community having its office at Nitte, Karkala Taluka, Dakshina Kannada District. The said Society has been started with an intention to impart education to its members. It established and is administering number of colleges and institutions, to name a few, Dental College at Mangalore, Pharmacy College at Deralakatte in Mangalore Taluk, Engineering College, Polytechnic, First Grade college and one junior college and one High School at Nitte, Karkala Taluk. All the institutions are recognised by the Government of Karnataka. The institutions of the petitioners are imparting very high standard of education to its students. The students are getting high ranks in different...
State of Karnataka Vs. Atmendra Ganapati Hegde and Another
Court: Karnataka
Decided on: Apr-23-1992
Reported in: 1993(1)ALT(Cri)453; 1992CriLJ2809; 1992(3)KarLJ707
Hiremath, J. 1. Appellant No. 1 is the son of appellant No. 2 and both are residents of Taddalse in Sirsi taluka of Karwar District Accused No. 2 is an Advocate. The undisputed facts are that Sripati Hedge who died in about the year 1982 or 1983 left behind five sons and two daughters. Accused No. 2 is the eldest, the second son is Venkataramana, the third Adinarayana, the fourth Viswanath and the fifth deceased Ashok Hedge. About a year after the death of Sripati Hedge there was a partition among his four sons and they started living separate. Adinarayana sold away his properties to his other brothers and settled down at Sirsi and has been doing business. Viswanath however continued to live with Ashok but later shifted to Sangli. His properties were also being managed by deceased Ashok. Ashok and accused No. 2 occupied the houses adjacent to each other. There is a dividing wall in between. Ashok also put up a fence on the edge of the land fallen to his share and which is annexed to th...
Nitte Education Trust Vs. State of Karnataka
Court: Karnataka
Decided on: Apr-23-1992
Reported in: ILR1992KAR2049
ORDERHanumanthappa, J. 1. Since the question of law involved in all these Petitions is common, all these Petitions are clubbed together and a common order is passed.2. A few facts in each case are as follows:W.P.No. 7385 of 1989: The case of the petitioners is that the 1st petitioner is a linguistic minority institution of Tulu speaking community having its office at Nitte, Karkala Taluk, Dakshina Kannada District. The said Society has been started with an intention to impart education to its members. It established and is administering number of colleges and institutions, to name a few, Dental College at Mangalore, Pharmacy College at Deralakatte in Mangalore Taluk, Engineering College, Polytechnic, First Grade College and one Junior College and one High School at Nitte, Karkala Taluk. All the institutions are recognised by the Government of Karnataka. The institutions of the petitioners are imparting very high standard of education to its students. The students are getting high ranks...
Secretary, Karnataka Industrial Co-operative Bank Ltd. Vs. State of Ka ...
Court: Karnataka
Decided on: Apr-23-1992
Reported in: ILR1992KAR2980; 1992(4)KarLJ631
Shivaraj Patil, J.1. This Writ Appeal is by respondents 2 and 3 in W.P.No. 5649/90.2. The respondent No. 3 herein was working as the Manager of Davanagere Branch of the first appellant - Bank, which is a Cooperative Society registered under the Karnataka Co-operative Societies Act, 1959 (for short 'the Act'). The Management of the first appellant - Bank was superseded by the Notification issued under Section 30 of the Act. The appellant No. 2 was appointed as a Special Officer.3. The Regional Manager, Mysore Region, Mysore, by his Report dated 17-3-1987 stated that five employees of Davanagere Branch including respondent No. 3 acted detrimental to the interest of the Bank. On the basis of this Report enquiry was held against respondent No. 3 and others. When there was delay in completing the enquiry, the payment of subsistence allowance was reduced to him with effect from 1-6-1989. Aggrieved by the same, respondent No. 3 filed W.P.No. 17112/89 against the appellants, which is pending a...
Bharat Fritz Werner Ltd. Vs. Commissioner of Commercial Taxes
Court: Karnataka
Decided on: Apr-16-1992
Reported in: ILR1992KAR1585
S.P. Bharucha, C.J. 1. A question of some importance is raised in this appeal. Is sales tax payable upon the sale of replenishment (REP) licences under the provisions of the Karnataka Sales Tax Act, 1957 In other words, are REP licences 'goods' within the meaning thereof in the said Act The learned single Judge came to the conclusion that they were. Hence this appeal. 2. The appellant sold ten REP licences during the period relevant to the assessment year 1985-86. On 17th March, 1990, it was served with a notice under section 12-A of the said Act. The notice stated that the appellant's assessment for the relevant assessment year had been completed. It had thereafter been found that it had sold the said REP licences. The Commissioner of Commercial Taxes, by his circular dated 30th January, 1990, had clarified that import Licences and other similar licences were 'goods exigible to tax' under the said Act. Accordingly, the said notice was issued to make taxable the sale price of the said ...
Yallurkar Kisan Sidray Vs. Returning Officer
Court: Karnataka
Decided on: Apr-16-1992
Reported in: ILR1993KAR1671; 1992(3)KarLJ423
ORDERN.D.V.Bhat, J. 1. Respondent-11 in the Election Petition No. 1/1990 has filed this application at I.A.No. III praying for striking off the pleadings contained in paras-6 to 13 of the Election Petition. The application filed by respondent-11 is purported to be one under Section 86 of the Representation of the People Act (for short the Act) read with Section 151 CPC.2. In the Election Petition, the petitioner has challenged the election of respondent-11 as M.I.A. from Bagewadi Assembly Constituency in Belgaum District on several grounds. After the written statement was filed and issues were raised and matter was posted for evidence, respondent-11, on an earlier occasion, had filed an application at I.A.No. II praying for striking off paras-3 to 9 about corrupt practices on the ground that they lack the material facts and particulars. Subsequently, respondent-11 confined his application to paras-3 to 5, The said application at I.A.II was contested by the petitioner. Sri Murlidher Rao...
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