Karnataka Court October 1993 Judgments
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Gowri Industries Vs. State of Karnataka
Court: Karnataka
Decided on: Oct-12-1993
Reported in: ILR1993KAR3153; 1993(4)KarLJ604
ORDERShivashankar Bhat, J.1. In these Writ Petitions the basic question pertains to the power of the State Government to fix the price of rectified spirit to be sold to the manufacturers of arrack. This question is sought to be projected by reference to several Rules made under the provisions of the Karnataka Excise Act, 1965 ('the Act' for short).Petitioners primarily rely on the Decision of the Supreme Court in SYNTHETICS & CHEMICALS LTD. ETC. v. STATE OF UP. AND ORS., (hereinafter referred as the 'Second Synthetics case'). Rectified spirit is manufactured out of molasses by a process of fermentation. It is not fit for human consumption and it is not potable alcohol. Therefore, according to the petitioner it is not an 'intoxicant' or 'liquor' in the ordinary sense of the term. Rectified spirit is also called, industrial alcohol which is the raw material for the use in many chemical and drug industries. It is also a raw material in the manufacture of potable alcohol including arrack a...
Rama Recreation Association Vs. Commissioner of Police
Court: Karnataka
Decided on: Oct-11-1993
Reported in: ILR1993KAR3357; 1993(4)KarLJ542
ORDERShivashankar Bhat, J.1. The question is whether the activities of a club or the activities of an Association popularly referred as a club require licensing under the provisions of the Karnataka Police Act. The petitioner which is a registered Society is formed by its members for playing games of recreation like carrom, chess, rummy, etc. The members of the public are not allowed as a matter of right or on payment to participate in the games. The recreational activities referred above are confined to the members of the club. The petitioner asserts that the respondents have been interfering with their activities frequently and have been Insisting that a licence is necessary under the relevant Licencing Order issued under the Karnataka Police Act. The respondents rely on the provisions of the Karnataka Public Amusement Licensing Order issued under the provisions of the aforesaid Act.2. The licensing of any place under the said Order is required only when it is a place of public amuse...
Rajendra Pai and anr. Vs. S. Babu Naidu
Court: Karnataka
Decided on: Oct-08-1993
Reported in: 1994ACJ950
A.B. Murgod, J.1. In this appeal, the owner and the insurer of the offending vehicle have challenged the quantum of compensation awarded in the sum of Rs. 73,500/- to the respondent, injured claimant in MVC No. 1138 of 1990 by the Motor Accidents Claims Tribunal-X, Metropolitan Area, Bangalore, on the grounds that the compensation awarded is excessive and that there is duplication of compensation in respect of 'loss of amenities' and 'loss of future earnings'.2. The respondent-claimant has sustained injuries in the accident involving the vehicle owned by the first appellant and insured with second appellant and has suffered injuries as under:(1) Abrasion over outer aspect of forearm 1 cm.x1/2 cm.(2) Multiple abrasions over lateral aspect of thigh.(3) Lower incisor is missing.(4) Upper both incisors are half-broken.as found in para 12 of the judgment of the Tribunal. It further discloses that he has sustained comminuted fracture of shaft femur at upper 1/3rd in respect of which he was s...
State of Karnataka Vs. Gowrawwa
Court: Karnataka
Decided on: Oct-07-1993
Reported in: ILR1993KAR3469; 1993(4)KarLJ399
ORDERM. Ramakrishna, J 1. The State of Karnataka by its Secretary to Government, Department of Revenue, has challenged the order (Annexure A) made by the Land Tribunal, in this Writ Petition under Articles 226 and 227 of the Constitution, and it has sought for quashing the same on more than one ground. 2. A few facts that are necessary for the disposal of this Writ Petition are as follows:Smt. Gowrawwa, wife of Gulappa Agasar - first respondent herein presented an application under Section 48-A of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as 'the Act') seeking for occupancy right in respect of 1 acre 29 guntas in S.No. 157/1+3 situated in Nagavand Village, Hirekerur Taluk, Dharwar District, before the Land Tribunal - second respondent herein. Halappa the third respondent was made a party as he was the holder of the village office in respect of the land in question.3. It would appear by a perusal of the original records of the Tribunal made available that both the pa...
i.N. Mahabaleswara Madyasta Vs. Karnataka Electricity Board, Bangalore ...
Court: Karnataka
Decided on: Oct-06-1993
Reported in: AIR1994Kant74; ILR1993KAR3398; 1994(1)KarLJ214
1. This appeal is by the plaintiff directed against the order dated 24-7-1989, passed by the 16th Additional City Civil Judge at Bangalore on Preliminary Issue No. 3 in O.S. No. 4716/ 86, dismissing the suit filed by the plaintiff as not maintainable.2. The parties during the course of this judgment will be referred to by the rankings assigned to them in the trial Court.3. The brief facts leading to this appeal are:The plaintiff filed suit against the defendants seeking permanent injunction restraining them from disconnecting the electric power connection to R. R. ACP 563 installed in the premises No. 68, Lalbagh Road, Bangalore and restraining them from causing obstruction to the plaintiff in his peaceful possession and enjoyment of the power through the said meter.The defendants filed the written statement resisting the claim of the plaintiff on various grounds including the ground that the suit itself as filed was not maintainable.The trial Court in view of the pleadings of the part...
Banudas Vs. Commissioner of Police
Court: Karnataka
Decided on: Oct-05-1993
Reported in: ILR1993KAR3068; 1994(1)KarLJ169
ORDERShivashankar Bhat, J. 1. On 29th September 1993, I directed the Government Pleader to take notice and consequently the authorities are deemed to be represented. The main relief sought for is against the 3rd respondent represented by the Government Pleader. Heard the learned Counsel for the petitioner as well as for respondents-1 to 3 and respondents-4 and 5. Having regard to the nature of the relief sought for in the Writ Petition it was heard for final disposal. 2. The petitioner is aggrieved by the two Endorsements issued by the Police Commissioner, Hubli, directing the petitioner to close the lodging house. The first contention of the petitioners is that the Police Act does not envisage the obtaining of any licence when no food is served in the lodging house. The second contention pertains to the deeming provision in the Licensing and Controlling Order, 1989, based on the following facts. 3. Our of abundant caution petitioner applied for renewal of earlier licence under the pro...
Venkata Rao Vs. Narayana
Court: Karnataka
Decided on: Oct-05-1993
Reported in: ILR1994KAR387; 1994(2)KarLJ361
Hakeem, J. 1. This Appeal by the legal representatives of Defendant-4 Sri K.Venkata Rao, is directed against the Judgment and Decree passed by the learned Second Addl. City Civil Judge, Bangalore, dated 25.8.1987 in O.S.No. 7977 of 1980, whereby the plaintiff's suit for partition and possession of his 1/4th share in the suit schedule immovable properties, was decreed.2. For the sake of convenience the parties are referred to by their status and ranking in the suit.Late Dr. Gundopanth and K.V. Kupparao along with the plaintiff and defendants 1 to 4 constituted a Joint Hindu Family. The first defendant is the adopted son of Dr. Gundopanth, while the plaintiff and defendants 1 to 4 are the sons of K.V. Kuppurao. The joint family owned extensive properties in Bangalore City, including the suit schedule property situated in Gundopanth Street, in the heart of the City of Bangalore. Earlier, the plaintiff had filed O.S.No. 70/1958 in the Court of the District Judge, Bangalore, seeking partiti...
State of Karnataka Vs. Mohammed Illyas
Court: Karnataka
Decided on: Oct-04-1993
Reported in: ILR1993KAR2812; 1994(3)KarLJ628
S.B. Majmudar, C.J.1. These Writ Appeals and Writ Petitions project a common question centering-round the powers of the authorities functioning under the Motor Vehicles Act, 1939 and Motor Vehicles Act, 1988 in so far as they seek to compound the offences under Section 127-B of the Motor Vehicles Act of 1939 analogous to Section 200 of the 1988 Act, They further project a question as to under what circumstances the concerned motor vehicles plying under tourist vehicle permits issued under the aforesaid Acts can be seized and detained by those authorities in exercise of their powers under Section 129-B of the 1939 Act or under Section 207 of the 1988 Act. Writ Appeals 1132-1183 of 1993 are taken out by the State of Karnataka being aggrieved by the common Judgment rendered by Swami, J., (as he then was) in number of Writ Petitions. This Judgment of Swami, J., in case of MOHAMMED ILLYAS v. UNION OF INDIA is reported in : ILR1991KAR2804 . W.A.Nos. 1083-1127 of 1992 challenge another common...
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