Karnataka Court December 1993 Judgments
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Karnataka State Financial Corporation Vs. Associated Engineers
Court: Karnataka
Decided on: Dec-17-1993
Reported in: [1997]88CompCas375(Kar); ILR1994KAR540; 1994(2)KarLJ241
K. Shivashankar Bhat, J.1. The respondent is a proprietary industrial concern at Arsikere, Hassan district. In the year 1989, the respondent obtained a loan from the petitioner-Corporation which is an undertaking of the State Government. The loan advanced by the petitioner-Corporation was Rs. 6.20 lakhs. Obviously, there were difficulties resulting in certain negotiations between the parties. The Corporation agreed to reschedule the repayments and consequently in the year 1991, the Corporation agreed to reschedule the repayments. The Corporation also advanced a further sum of Rs. 3.35 lakhs as additional loan by way of rehabilitation assistance. This additional loan was to be repaid in 10 equal quarterly instalments of Rs. 37,500, each commencing from November 20, 1993. However, interest shall have to be paid until then commencing from March 20, 1991. The repayment of the first loan balance of Rs. 4,70,000 was rescheduled and refixed so as to be paid in 10 equal quarterly instalments o...
Bangalore Club Vs. Senior Labour Inspector, Viii Circle, Bangalore
Court: Karnataka
Decided on: Dec-17-1993
Reported in: ILR1994KAR277; 1994(1)KarLJ365; (1994)IILLJ47Kant
ORDERS. Rajendra Babu, J. 1. The petitioner is the Bangalore Club which is a member club but not registered under the Societies Registration Act. The contention advanced on behalf of the petitioner is that the members of an unregistered Club are the joint owners of all the properties of the club, when they supply goods to their members, there is no contract between the two parties as in the eye of the law, an unregistered Club and its members, constitute a single entity and further while so supplying goods, there is no transfer of absolute or general property, in the things supplied, by one person to another. It is submitted that the true legal effect of supply of an article by the club to one of its members is the release of joint right of all the members in his favour. It is therefore contended that the petitioner in carrying on its activities for recreation or entertainment such as outdoor and indoor games, library and health club facilities or in providing other facilities for the ...
Sri Basaveshwar Co-operative Society Vs. Special Land Acquisition Offi ...
Court: Karnataka
Decided on: Dec-16-1993
Reported in: ILR1994KAR195; 1994(1)KarLJ354
Shivaraj Patil, J. 1. The claimant aggrieved by the judgment and award dated 18.1.1988, passed by the Court of the Additional Civil Judge, Bagalkot, in L.A.C.No. 1081 of 1981, has filed this Appeal with a prayer to modify the said judgment and award by granting further enhancement of compensation on various grounds.2. The facts essential for the disposal of this Appeal are the following:An area of 5 acres 10 guntas of land in Sy.No.119/2 of Muranal village in Bagalkot Taluk was acquired pursuant to the Preliminary Notification dated 18.1.1979 published under Section 4(1) of the Land Acquisition Act, 1894 (for short the Act 1894). The Special Land Acquisition Officer, Malaprabha Project, Saundatti - respondent herein, passed the award as per Ext. D-1. The said land was acquired for the purpose of construction of office and staff quarters of Superintendent Engineer, M.C.C.2 and A.E.M.P.C., Bagalkot. The said land was converted for non-agricultural purpose as per the order dated 21.4.1973...
M.G. Automobiles Vs. Raja Rao
Court: Karnataka
Decided on: Dec-15-1993
Reported in: I(1994)ACC422; 1994ACJ497; ILR1994KAR656; 1994(1)KarLJ383
Venkataraman, J. 1. Sri S.P. Shankar is directed to take notice for the second respondent. Notice to the first respondent is dispensed with. By consent of both sides, this matter is taken up for final disposal.2. This Appeal is filed by the second respondent, the owner of the vehicle, in No. M.V.C. 417/87 on the file of the Additional M.A.C.T., Chitradurga against that part of the judgment and award by which the Tribunal has directed that he should pay the interest on the compensation awarded, to the claimant.3. It is undisputed that the vehicle in question was insured with the second respondent herein and that limit of the liability of the second respondent under the terms of the Policy was Rs. 15,000/-. The Tribunal has awarded Rs. 15,000/- as compensation. However, the Tribunal has restricted the liability of the second respondent insurer only to Rs. 15,000/- and absolved the insurer of the liability to pay the interest and costs thereon. The owner of the vehicle is directed to pay ...
State of Karnataka Vs. R.S. Shetty and Co.
Court: Karnataka
Decided on: Dec-15-1993
Reported in: ILR1994KAR654; 1994(1)KarLJ454
Shivaprakash, J. 1. Delay in filing these Appeals is condoned and the matters are taken up for hearing at the admission stage itself by consent of parties. After hearing both the learned Counsel, we pass the following order.2. The first contention urged by Sri H.J. Sunder Kumar, the learned High Court Govt. Advocate, is that grant of interest by the Court for the period during which the matters were pending before it, is in excess of what is provided under Section 34 C.P.C.3. From the decrees, under appeal, we see that in each of the award the Arbitrator himself had granted interest at 18% from the date of entering upon the reference till the date of payment or the decree whichever is earlier. In HINDUSTAN CONSTRUCTION CO., LTD., v. JAMMU AND KASHMIR : AIR1992SC2192 , the Supreme Court while considering the power of the Arbitrator to award interest has ruled, that the Arbitrator is competent to award interest for the period commencing from the date of the award to the date of decree or...
Pasalu Thimmappa Vs. Karnataka Appellate Tribunal
Court: Karnataka
Decided on: Dec-15-1993
Reported in: ILR1994KAR1367; 1994(1)KarLJ379
Rajendra Babu, J.1. In these Petitions the short Question that arises for Consideration is whether a declaration filed in Form No. 3 prescribed under the Rules framed under the Karnataka Agricultural Credit Operations and Miscellaneous Provisions Act, 1974, is a simple mortgage for the purpose of stamp duty to be collected under the Karnataka Stamp Act or not. The form of declaration is as follows :'I......aged .....years son of .......residing at ....... being desirous of taking financial assistance from ...... (here specify the name of the credit agency) makes this declaration as required by Section 6 of the Karnataka Agricultural Credit Operations and Miscellaneous Provisions Act, 1974 that I own land, immovable property or hold land as specified in the Schedule below and I hereby mortgage create a charge on such land/immovable property in favour of ......(here specify the name of the credit agency) as security for the payment of the amount of financial assistance of Rs......sought ...
Karnataka Bank Vs. T. Gopalakrishna Rao
Court: Karnataka
Decided on: Dec-14-1993
Reported in: [1994(68)FLR881]; ILR1994KAR230; 1994(1)KarLJ304
ORDERShivashankar Bhat, J. 1. Rejection of an application to reject the plaint under Order VVI Rule 11 of the Code of Civil Procedure is challenged by the defendant in CRP No. 1053/93. The defendant is as Bank kin the private sector. Plaintiff (respondent) is a General Manager in the said Bank. Plaint alleges that the plaintiff received a Memo dated 3.3.1994 informing him that the Board of Directors by its Resolution No. 63 dated 2.3.1995 had resolved to suspended him on the ground of insubordination and therefore pending disposal of the domestic enquiry into the charge-sheet dated 8.1.1993, he was to be kept under suspension. This Resolution is attacked as vitiated by mala fides, arbitrariness and lack of competence. The reliefs sought for in the suit read as follows :- ' (a) For a declaration that the resolution No. 63 passed by the Board of defendant Bank suspending the plaintiff with mala fide intention and motivated and hence it is null and void and illegal and consequently for a ...
Pushpanjali Touring Talkies Vs. State of Karnataka
Court: Karnataka
Decided on: Dec-14-1993
Reported in: ILR1994KAR427
ORDERShivashankar Bhat, J. 1. In all the above cases, the office is directed to prepare the cause title, preamble etc.2. The petitioners are the exhibitors of cinematograph shows governed by the provisions of the Karnataka Cinemas (Regulation) Act, 1964 and the Rules framed thereunder. They are also liable to pay the taxes under the provisions of the Karnataka Entertainment Tax Act, 1958 ('the Act', for short). Petitioners are challenging the validity of Sub-section (6) of Section 4A of the Act as amended in the year 1990 and Rule 41 C of the Rules framed under the Act, as amended in the year 1991. The petitioners operate in mofussil areas and villages and there is no dispute that they operate in the areas covered by the Table annexed to Section 4A of the Act. The petitioners have to pay tax in advance under Section 4A. In case they do not conduct any show or any number of shows, to that extent refund of the tax paid can be sought for. The requirement to be complied with under Sub-sect...
United India Insurance Co. Ltd. Vs. Murugan Alias Krishnan and Another
Court: Karnataka
Decided on: Dec-10-1993
Reported in: I(1994)ACC430; AIR1994Kant192; [1994]80CompCas242(Kar); ILR1994KAR403; 1994(2)KarLJ250
ORDERShivaprakash, J.1. This appeal is presented by the Insurance Company against the award dated 6th August, 1993 passed in M.V.C. No. 929/89 by the Motor Accidents Claims Tribunal, Metropolitan Area, Bangalore. Under the award a sum of Rs. 35,000/- is awarded as compensation to the first respondent herein (claimant-petitioner before the Claims Tribunal) payable jointly and severally by the appellant insurance company, the owner and the driver of the vehicle in question who were the respondents before the Claims Tribunal with costs and current interest at 6% per annum from the date of presentation of the claim petition till the date of payment.2. The facts of the case in brief are as follows: On 3-4-1989 on East End Main Road, 38th Cross, Jayangar, while the first respondent who is a minor was crossing the road, was hit by the Matador van owned by the second respondent. According to the second respondent the vehicle in question was covered by the insurance policy issued by the appella...
Premkumar Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Dec-10-1993
Reported in: 1994(2)ALT(Cri)155; 1994CriLJ3641; ILR1994KAR580
ORDER1. The petitioner has been charge sheeted in C.C. No. 93 of 1992 before the Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as the TADA Act) and under section 309 of the Indian Penal Code (hereinafter referred to as the IPC). On the allegation that on 21-5-1991 at Sriperumbudur in Tamil Nadu State Sri Rajiv Gandhi was killed in a bomb blast and the Central Bureau of Investigation (hereinafter referred to as the CBI) which conducted the investigation into the death of Sri Rajiv Gandhi suspected one Shivarasan and Smt. Subha stated to be Sri Lankan citizens, were involved in the said offence and the local police received some information on 18-8-1991 that the said Shivarsan and Smt. Shubha were hiding in a house at Konankunte village within the jurisdiction of Second Respondent. On the basis of that information it is stated that the police were keeping a watch at Konankunte village and on that very night they saw two per...
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