Karnataka Court November 1993 Judgments
G. Narayan Rao Vs. Smt. V.R. Nagamani
Court: Karnataka
Decided on: Nov-30-1993
Reported in: 1995(4)KarLJ59; (1996)IIILLJ1033Kant
1. Heard Sri S. R. Shinde. Admitted. The respondent, though served, is absent, Heard Sri S. R. Shinde on merits. 2. The revision petitioner-judgment-debtor has challenged the order dated April 12, 1993 passed by the learned VI Additional City Civil Judge, Bangalore in Ex. C. 10038/92 ordering attachment of the gratuity amount due to the judgment-debtor. The learned City Civil Judge has stated in his order that the word 'wages' does not include gratuity. He has also stated in his order that in view of Explanation - IV to Section 60 C.P.C. the word wages gratuity is not included. It is obvious the learned City Civil Judge has not looked into the relevant provisions properly. Section 60(g) clearly says that stipends and gratuities allowed to pensioners of the Government or of a local authority or of any other employer shall not be liable for attachment. This apart, Section 13 of the Payment of Gratuity Act, 1992 clearly says that the gratuity payable under this Act to an employee in any f...
Tag this Judgment!Ruth Vs. Dr. M. Danial
Court: Karnataka
Decided on: Nov-29-1993
Reported in: ILR1994KAR4; 1994(2)KarLJ347
ORDERRaveendran, J.1. This Reference arises out of a decree-nisi granted by the Additional District Judge, Mandya on 10.9.1992, in M.C.No. 1/1991, a petition presented under Section 10 of the Indian Divorce Act, 1869 ('Act' for short) by a Christian wife against the husband. Petitioner and respondent were married on 9.5.1974 and there are two children out of the wedlock.2. Petitioner sought dissolution of marriage alleging cruelty by the husband and also alleging that there was no cohabitation for more than two years between them. The respondent filed objections denying cruelty as alleged by the petitioner. On the other hand, he contended that petitioner was having illicit intimacy with someone and was leading an adulterous life. He did not name the alleged adulterer, but merely described him as a Political personality of the locality stating that his name could not be mentioned on account of his 'threatening and powerful nature'. On the above allegations, the respondent stated that he...
Tag this Judgment!Prakash Roadlines Ltd. and Another Vs. Vijaya Kumar Narang
Court: Karnataka
Decided on: Nov-25-1993
Reported in: [1995]84CompCas782(Kar); ILR1994KAR408; 1993(4)KarLJ561
K. Shivashankar Bhat, J.1. The defendants are the petitioners before me, questioning the order of the trial court upholding the maintainability of the suit. For the sake of convenience parties are referred to with reference to their rankings in the trial court. Admittedly, the plaintiff is a shareholder of the first defendant-company. He asserts that this shareholding constitutes 10.22 per cent. of paid up share capital of the company. The plaintiff took steps under sections 257 and 284 of the companies act ('the Act' for short) by issuing notices under the said provisions. According to the plaintiff, the second defendant managed maneuvered to effect a change in the directorship of the company and to become the chairman of the company. It is also stated in the plaint that one Bharath Bhushan Narang became the deputy managing director. It is further alleged that these persons have been in management and control of the company and as such committed several illegal acts, benefiting themse...
Tag this Judgment!State of Karnataka Vs. Bhojappa Hanamanthappa and Others
Court: Karnataka
Decided on: Nov-24-1993
Reported in: 1994CriLJ1543; ILR1994KAR364; 1996(5)KarLJ137
Hiremath, J.1. Respondents were the accused before the trial Court of Sessions who stood charged under sections 143, 147, 324, 302 and 504, I.P.C. The common object of the unlawful assembly was to commit murder of Basappa, Yallappa and Ramappa sons of Huchappa. They not only caused hurt to these three persons by assaulting them with clubs in prosecution of the common object of the same unlawful assembly but also caused the death of Renukavva the minor daughter of the complainant Bhimappa by assaulting her with a sickle when she came to rescue her father. Thus according to the charge they were armed with deadly weapons like clubs and sickle. It was A-1 among them that committed the murder of Renukavva by assaulting her with a sickle. Though the injured witnesses gave evidence the trial court rejected the prosecution evidence holding that they are unreliable and acquitted the accused. The State has challenged this Judgment of acquittal in this appeal. 2. The prosecution case briefly stat...
Tag this Judgment!Thomas Vs. Lucy
Court: Karnataka
Decided on: Nov-24-1993
Reported in: II(1994)DMC49; ILR1994KAR1; 1994(2)KarLJ354
ORDERRaveendran, J.1. This Reference arises out of the decree nisi dated 25.4.1992 granted by the Additional Principal Judge, Family Court, Bangalore dissolving the marriage between the petitioner and the respondent in M.C.No. 638/1991, a petition filed under Section 10 of the Indian Divorce Act, 1869. ('Act' for short).2. The petitioner is the husband and the respondent is the wife. They were married on 23.10.1988. According to the petitioner, the marriage was not consummated; on 25.10.1989 the respondent left the house of the petitioner and went to her native place; when the petitioner went to her place and requested her to come and live with him, she refused; the petitioner learnt that the respondent had illicit relationship with one Stephen who lived next to her father's house and that she was living in adultery with the said Stephen. Hence the petitioner filed the petition for dissolution of marriage on the grounds of adultery. The respondent remained ex parte. Petitioner's affida...
Tag this Judgment!V. Radhakrishnaih Setty and Sons Vs. Commissioner of Commercial Taxes ...
Court: Karnataka
Decided on: Nov-23-1993
Reported in: [1994]94STC226(Kar)
K. Shivashankar Bhat, J. 1. The office is directed to prepare the cause title, preamble, etc., in all these cases. 2. The effect of explanation VIII found in the Second Schedule to the Karnataka Sales Tax Act, 1957 ('the Act', for short) is to be considered in these writ petitions; the question has arisen only in respect of the year 1990-91, regarding the levy of turnover tax with reference to silk yarn. It is undisputed that for the subsequent years, the circular issued by the Commissioner of Commercial Taxes has clarified the scope of the said explanation in favour of the assessees. 3. The explanation reads as follows : 'Where tax has been levied under this Act, in respect of raw silk referred to in Sl. No. 7 of the Third Schedule, and out of such raw silk, silk yarn is manufactured, no tax shall be levied on such silk yarn to the extent it is manufactured out of such raw silk.' 4. Thus the explanation removes the particular silk yarn from the levy of tax. 5. The real question is whe...
Tag this Judgment!State of Karnataka Vs. Krishnappa
Court: Karnataka
Decided on: Nov-23-1993
Reported in: ILR1994KAR89; 1993(4)KarLJ680
Hiremath, J1. This is a State Appeal challenging the acquittal of the accused-respondent for offences under Sections 326 and 307 IPC who wascharged with attempting to commit murder of his wife PW.1 on4.5.1986 at about 6.30 A.M. in his house at Benganuru village, Bangarpet Taluk, by assaulting her with a matchu on her head andhands. PW.2 is the father of the accused. Till the first child was born he was living with his father PW.2, thereafter they were divided andthe accused started living in a room of the same house separatelywith his wife and two children, they were about 6 and 4 years of age being a daughter and a son respectively. The room was independent, whereas the parent of the accused and the brother continued to live inthe family house. The accused was suspecting fidelity of his wife PW.1 imputing illegitimate connection with his younger brother Sampangi. He used to ill-treat her and assault her frequently for thisreason.2. According to the prosecution on 4.5.1986 in the early...
Tag this Judgment!Shah M. Hastimal and Co. and Others Vs. Commercial Tax Officer, Iv Cir ...
Court: Karnataka
Decided on: Nov-22-1993
Reported in: [1994]93STC284(Kar)
K. Shivashankar Bhat, J.1. In all these cases the petitioners are dealers in jari. The jari was being taxed under entry 49 of the Second Schedule. These writ petitions pertain to the years 1982-83 and 1983-84. Earlier in the year 1986 the Deputy Commissioner of Commercial Taxes, initiated the proceedings under section 21(4) of the Karnataka Sales Tax Act, 1957 ('the Act' for short) proposing to revise the assessment orders, which had taxed the gold-thread under entry 49 of the Second Schedule; The Deputy Commissioner proposed to tax the turnover under section 5(1) of the Act treating it as a sale of 'imitation jari'. The petitioners challenged the notices in Writ Petitions Nos. 19754 to 19761 of 1986. The said writ petitions were disposed of on February 2, 1988 [Reported as Sha M. Hastimal and Co. v. Deputy Commissioner of Commercial Taxes [1989] 72 STC 308 (Kar)]. The notices were quashed by this Court. There is also no dispute that the said order was affirmed by a Bench of this Court...
Tag this Judgment!Venkataramanaswamy Vs. Ramakrishnappa
Court: Karnataka
Decided on: Nov-22-1993
Reported in: ILR1994KAR268
ORDERN.D.V.Bhat, J. 1. In this Revision the petitioner has challenged the order dated 6.2.1992 passed by the Additional Second Munsiff, Bangalore District, Bangalore on I.A.No. II. By the said order, the learned Munsiff allowed I.A.No. II by staying the execution proceedings in Ex.No. 69/1991 pending disposal of the suit at O.S.No. 222/1986 and O.S.No. 286/1990.2. The facts relevant for the disposal of this Revision Petition, briefly stated, are as under:The instant Revision petitioner had obtained an order of eviction in H.R.C. No. 1/1987 against the instant respondent. He had put that order in Execution Case No. 69/91 on the file of Additional Second Munsiff, Bangalore District, Bangalore.3. During the pendency of the said execution proceedings, the Judgment-Debtor (present respondent) filed an application at LA.II purporting to be one under Order 21 Rule 29 CPC praying for staying the execution proceedings. Among other things, it was alleged by the Judgment-Debtor that the Decree-ho...
Tag this Judgment!Jolly Daniel Vs. Bangalore University
Court: Karnataka
Decided on: Nov-19-1993
Reported in: ILR1994KAR571; 1994(1)KarLJ456
ORDERShivaprakash, J1. The petitioner was a student at the Senior School at Dubai established by the Government of India. The said School was controlled and supervised by the Central Board of Secondary Education, New Delhi. She appeared for the All India Senior School Certificate Examination 1990 and passed the said Examination as could be seen from Annexure-B, which is a copy of the 'marks obtained issued by the Central Board of Secondary Education. Subsequently, she applied to the 2nd respondent College for admission to the I year M.B.B.S. course for the academic year 1990-91. In the Petition she has pleaded that she has paid for admission 'substantial amount as contemplated for outside Karnataka students in the Government Orders issued from time to time under the Management quota'.2. It appears the second respondent-College required Eligibility Certificate to be obtained by the petitioner from the first respondent-University for the purpose of admission to the I year M.B.B.S. Course...
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