Karnataka Court January 1993 Judgments
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Vaijinath Vs. State of Karnataka
Court: Karnataka
Decided on: Jan-13-1993
Reported in: 1993(1)ALT(Cri)417; ILR1993KAR543; 1993(1)KarLJ234
Hiremath, J.1. The appellant and two others stood charged before the Court of Sessions at Bidar under Sections 302, 307, 324 and Section 323 read with Section 34 I.P.C. The charge was that on 26.9.1989 at about 8 a.m. at village Warwatti in Bidar district all the three accused inflicted fatal injuries on Goraknath with axe and sticks with the common intention of causing his death and he succumbed to the injuries on the same day afternoon in the District Hospital, Bidar. In the same incident, with the common intention of committing the murder of another person Ram, son of Goraknath, they did assault him with axe and sticks and attempted to commit his murder. In furtherance of the common intention they caused hurt with these deadly weapons to Jana Bai, wife of Goraknath, they also caused hurt to Laxman, son of Goraknath and Manik, son of Sangappa and committed an offence under Section 324 read with Section 34 I.P.C. Similarly, C.W.14 Kishen was assaulted by them with sticks and hence cha...
Chamundi Chemicals and Fertilisers Ltd. (In Liquidation) Vs. M.C. Cher ...
Court: Karnataka
Decided on: Jan-12-1993
Reported in: [1993]77CompCas1(Kar); ILR1993KAR620; 1993(1)KarLJ412
Kedambady Jagannatha Shetty, J. 1. This company application is filed by the official liquidator under section 543 of the Companies Act, 1956, against 9 of the former directors of Messrs. Chamundi Chemicals and Fertilisers Ltd. (in liquidation) alleging acts of misfeasance and breach of trust. Respondents Nos. 1 to 8 were the directors of the company during the period noted below : Respondent No. 1 : From the date of incorporation till thedate of winding up order.Respondent No. 2 : From August 12, 1961, to February 11, 1969.Respondent No. 3 : From August 12, 1961, to June 22, 1972.Respondent No. 4 : From March 14, 1962, to October 11,1968. (as a nominee of the IndustrialFinance Corporation, Delhi.)Respondent No. 5 : From September 1, 1968, till the date ofwinding up order.Respondent No. 6 : From March 30, 1970, till the date ofwinding up order.Respondent No. 7 : From April 21, 1975, till the date ofwinding up order.Respondent No. 8 : From July 13, 1976, to the date ofwinding up order. 2...
Venugopal Vs. State of Karnataka
Court: Karnataka
Decided on: Jan-12-1993
Reported in: ILR1993KAR1312
ORDERK.A. Swami, Ag. C.J. 1. The Question for Consideration in this appeal is as to whether a court fee of Rs.100/- paid is sufficient? 2. According to the learned Counsel for the appellant, as per Rule 7 of the Writ Proceedings Rules, 1977 (hereinafter referred to as the 'Rules') read with Rule 36 thereof, the Court fee of Rs.100/- paid by the appellant is sufficient. Whereas, Sri S.R.Nayak, learned Government Advocate, submits that respondents Nos.4 and 5 have filled the Writ Petitions in common form, but each one claiming the relief in his own right; therefore the Writ Petitions were not for enforcement of any joint interest or joint right; that Rule 7 of the Rules, as interpreted by this Court in RAMESH PANDE AND ORS. v. STATE OF KARNATAKA AND ORS., 1982(1) KLJ 466 the appellant has to pay a court fee of Rs.200/-. 3 On the contrary, it is contended by the appellant that he is one of the respondents in the Writ Petitions; that both the petitioners have challenged the action of the S...
Kadamba Sugar Industries Pvt. Ltd. and Others Vs. Devru Ganapathi Hedg ...
Court: Karnataka
Decided on: Jan-08-1993
Reported in: AIR1993Kant288; ILR1993KAR679; 1993(1)KarLJ285
1. This appeal is preferred against the order dated 23-3-1990 passed on I.A. No. II by the Civil Judge, Sirsi in FDP No. 2/1987. By the said order the learned Civil Judge allowed the application at I.A. II permitting defendants 2, 4 and 6 to 8 to be transposed as plaintiffs in the place of original plaintiff viz., the Corporation Bank.2. The facts which are relevant for the disposal of this appeal, briefly stated, are as under:The Corporation Bank having its Administrative Office at Mangalore and a Branch Office also at Sirsi had advanced a loan of Rs. 3,00,000/- to the instant appeitant-1 Kadamba Sugar Industries Private Ltd., in Bastigalli at Sirsi. The instant respondents and appellant-2 had stood as sureties and had guaranteed repayment of the said loan. All the assets of the Kadamba Sugar Industries Private Ltd., including the machineries and immoveables belonging to Kadamba Industries were hypothecated and charged for the said debt and an equitable mortgage was also created by de...
B.K. Harish Vs. Commissioner, Corporation of the City of Bangalore
Court: Karnataka
Decided on: Jan-08-1993
Reported in: ILR1993KAR519; 1993(1)KarLJ238
ORDERVasanthakumar, J.1. These Civil Revision Petitions arise out of orders passed by the jurisdictional City Civil Court in respect of applications filed by several shop keepers in respect of the shops belonging to the Corporation of City of Bangalore situate in Jayanagar Market, Vegetable and Shopping Complex. Corporation of City of Bangalore initiated action for recovery of certain arrears of rent licence fee due from several shop keepers in respect of shops either let out or permitted to occupy for carrying on business. As against the punitive action resorted to by the Corporation of City of Bangalore, petitioners approached the jurisdictional City Civil Court for redressal of their rights by invoking Sections 470 and 471 of the Karnataka Municipal Corporations Act, 1976 and Rules framed thereunder. The jurisdictional City Civil Court after holding enquiry and giving due opportunities to the parties on record to lead any material evidence on the subject matter of dispute dismissed ...
Dynamatic Hydraulics Ltd. Vs. Dr. N.K. Bhagwan
Court: Karnataka
Decided on: Jan-08-1993
Reported in: ILR1993KAR484; 1993(1)KarLJ259
ORDERShivaprakash, J.1. This Revision Petition under Section 50(1) of the Karnataka Rent Control Act, 1961 (hereinafter referred to as 'the Act') is presented against the order made in HRC No.475/88 on the file of the Small Causes Judge, Bangalore City. The trial Court has allowed the eviction petition filed by the respondent under Section 21 (1) (f) (h) and (p) of the Act.2. The petitioner is a public limited Company having a turnover of 6 crores of Rupees with a profit of Rs. 60 to 70 lacs, ending 30.3.1990. The respondent is a Surgeon with a string of academic qualifications and memberships of several professional bodies of repute to boot.3. The respondent owns premises bearing No. 114, 9th Main, 7th Cross, Rajmahal Vilas Extension, Bangalore. The petitioner is a tenant, under the respondent since September 1980, using the said premises as Company Guest House. The respondent wants his house for his own use and occupation and that of his family consisting of his wife and a school goi...
Pedda Reddy Vs. State of Karnataka
Court: Karnataka
Decided on: Jan-06-1993
Reported in: ILR1993KAR551; 1993(1)KarLJ328
K.A. Swamy, Ag. C.J. 1. At the stage of preliminary hearing respondents are served. Respondents-1 to 3 are represented by Sri S.R. Nayak, learned Government Advocate, who has also secured the records of the case. Respondent-4 died during the pendency of the appeal, and his L.Rs. have been brought on record, and they have also been served with the notice. However, neither they are present nor represented through a Counsel. As the Appeal lies in a narrow compass, it is admitted and heard for final disposal.2. This appeal is preferred against the order passed in W.P.No. 527/1987 dated 17.7.1990 by the learned single Judge. Writ Petition has been dismissed. Therefore, the petitioner has come up in Appeal.3. In the Writ Petition, the petitioner sought for quashing the order dated 27.4.1983 passed by the Assistant Commissioner, Shimoga Sub-Division, Shimoga, in No. RRC.KR.315/82-83, and the order dated 5.12.1986 passed by the Special Deputy Commissioner, Shimoga District, Shimoga in No. SC.S...
Karnataka Steel and Wire Products Ltd. (In Liquidation) Vs. Kohinoor R ...
Court: Karnataka
Decided on: Jan-04-1993
Reported in: [1993]77CompCas179(Kar); [1993]78CompCas96a(Kar); ILR1993KAR293; 1993(1)KarLJ212
K.A. Swami, Actg. C.J.1. This Division Bench consisting of N. Venkatachala, J. (as he then was) and K. Shivashankar Bhat, J. has referred the following question for consideration by a Full Bench under section 7 of the Karnataka High Court Act, 1961 : 'What is the correct period of limitation for claims to be made under section 446(2)(b) of the Companies Act having regard to the provision in section 458A of the Companies Act, 1956 ?' 2. Hence, the matter is before us. 3. The reference is necessitated due to conflicting views expressed by several High Courts. 4. We have heard both sides. 5. Before we embark upon considering the question referred to us for opinion, it is necessary to notice sections 446 and 458A of the Companies Act, 1956 (hereinafter referred to as 'the Act'), as the answer to the question depends upon the interpretation to be placed on these sections. 6. Sections 446 and 458A of the Act read as follows : '446. Suits stayed on winding up order. - (1) When a winding up or...
Chowdappa Vs. State of Karnataka
Court: Karnataka
Decided on: Jan-04-1993
Reported in: ILR1993KAR1482; 1993(1)KarLJ271
ORDERVasanthakumar, J.Govt. Pleader to take notice for R-1 and R-2. Writs of certiorari and mandamus have been sought for by the petitioner in this Writ Petition.1. Writ of Certiorari has been sought in respect of an order dated 30.4.1988 passed in B.C.D.A.C.R.71/80-81 by the Tahsildar, Srinivasapura Taluk. The operative portion of the order reads:-Writ of Mandamus to the Tahsildar, Srinivasapura Taluk as not to give effect to his order dated 30,4.1988 passed in INACR/71/80-81 and not to change the Khata in favour of one Sabjansab.2. Few facts to briefly state are:-Certain claims were made by some persons claiming themselves to be having interest in Thoti Sainic Inam Lands attached to the Thoti Office of Kollur Village, Kasaba Hobli, Srinivasapura Taluk. The jurisdiction Assistant Commissioner by his order dated 6.12.71 (Annexure-E) by virtue of powers conferred under Section 5(1) of the Karnataka Village Offices Abolition Act, 1961 re-granted certain extent of lands comprised in Sy.No...
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