Karnataka Court April 1993 Judgments
Smt. P. Ramadevi Vs. Sri C.B. Saikrishna and Others
Court: Karnataka
Decided on: Apr-23-1993
Reported in: I(1994)ACC84; 1993ACJ1072; AIR1994Kant8; ILR1993KAR1834; 1993(3)KarLJ519
1. This miscellaneous first appeal is filed by the appellant against the judgment and award dated 14-2-1992 passed by the Motor Accident Claims Tribunal, Bangalore Rural District, Bangalore, in M.V.C. No. 208 of 1987.2. We have heard the learned counsel for the appellant and the learned counsel for the respondents fully and perused the records of the case.3. Though the appellant has preferred an appeal against the quantum of compensation awarded to him by the Tribunal, he has confined himself in this appeal only regarding the award of interest. The Tribunal has awarded interest at the rate of 6 per cent per annum whereas the contention of the appellant is that the Tribunal ought to have awarded interest at 12 per cent per annum from the date of the petition till the date of realisation.4. The learned counsel for the appellant submitted that in view of the provisions of S, 34, C.P.C. and the rate of interest granted in the Land Acquisition Cases, the Tribunal ought to have granted inter...
Tag this Judgment!Vijaya Bank Vs. S. Bhathija and Another
Court: Karnataka
Decided on: Apr-23-1993
Reported in: AIR1994Kant123; [1994]79CompCas478b(Kar); [1995]82CompCas161a(Kar); ILR1993KAR2035; 1992(2)KarLJ609
ORDERRaveendran, J.1. This appeal is by the plaintiff in O.S. No. 3518/1982 on the file of the City Civil Court, Bangalore. The plaintiff-Bank filed the suit on 2-12-1982 against the borrower (first defendant) and the guarantor (second defendant) for recovery of Rs. 3,20,095-95 P. with interest at 16.25% per annum from the date of suit till the date of realisation with costs and for a direction for sale of the suit schedule moveable properties for realisation of the decretal amount and for a further direction that the balance if any to be recovered from the defendants personally. For convenience, the parties will be referred to by their ranks in the trial Court.2. The plaint averments, briefly are : On the request of the defendants, the Bank agreed to give a term loan of Rs. 3,00,000/- against the hypothecation of moveables mentioned in the plaint schedule to the first defendant; The first defendant entered into an agreement with the plaintiff on 5-7-1978 containing the terms of the sa...
Tag this Judgment!Sri Vinayaka Oil Industries Vs. State of Karnataka
Court: Karnataka
Decided on: Apr-23-1993
Reported in: 1994(45)ECC13; [1993]91STC253(Kar)
K. Shivashankar Bhat, J.1. The petitioner buys raw tamarind seeds. Thereafter the outer layer is removed and the seeds are 'decorticated'. According to the petitioner, there is no manufacturing activity involved and both the goods are the same. Since the petitioner purchases the tamarind from unregistered dealers and therefore, no tax was levied at the time of purchase by the petitioner, the sales tax department has taken the view that there is a manufacturing activity involved and the purchased articles were consumed in the manufacture of tamarind seeds which are sold by the petitioner and therefore, purchase tax was leviable under section 6 of the Karnataka Sales Tax Act, 1957 ('the Act' for short). The articles allegedly produced by the petitioner is referred as tamarind white pappu and white powder, from black tamarind seeds. The short question is, whether there was any manufacturing activity at all and if so, certainly section 6 of the Act would be attracted. 2. Learned counsel fo...
Tag this Judgment!State of Karnataka Vs. Eastern Medicals
Court: Karnataka
Decided on: Apr-23-1993
Reported in: ILR1993KAR1401; 1992(2)KarLJ164
L. Sreenivasa Reddy, J.1. This Appeal is preferred against the judgment and decree dated 20.10.89 passed in O.S.2801/86 by the XIV Additional City Civil Judge, Bangalore City.2. The appellants were the defendants in the said suit and the respondent was the plaintiff. Therefore, in this judgment, the parties will be referred to as the defendants and the plaintiff.3. The plaintiff filed the said suit on 28th February 1986 against the defendants for recovery of a sum of Rs. 27,23,628-81; claiming Rs. 17,85,920-81 towards the value of the drugs supplied, Rs. 9,37,608-00 towards interest at 18% per annum and Rs. 100/- towards the notice charges.4. The facts of the case as pleaded by the plaintiff may be shortly stated thus: The plaintiff is a registered partnership firm doing business in drugs at Bangalore. By a memo dated 1.10.1980 the second defendant authorised the third defendant to purchase specialist drugs from the plaintiff and two others mentioned therein subject to other conditions...
Tag this Judgment!Karnataka Bank Ltd. Vs. A.B. Datar and Others
Court: Karnataka
Decided on: Apr-22-1993
Reported in: [1994]79CompCas417(Kar); 1993(2)KarLJ230
A.B. Murgod, J.1. Miscellaneous First Appeal No. 2385 of 1992 is filed by the first defendant under Order 43, rule 1(r) of the Civil Procedure Code against the order dated November 11, 1992, passed in Original Suit No. 6835 of 1992, by the 15th Addition City Civil Judge, Bangalore, allowing the prayer for temporary injunction in I.A.I. under Order 39, rule 1 and 2 read with section 151 of the Code of Civil Procedure. 2. Miscellaneous First Appeal No. 2386 of 1992 is filed by the first defendant under Order 45, rule 1(r) of the Civil Procedure Code against the order dated November 16, 1992, in Original Suit No. 6843 of 1992, on the file of the 15th Additional City Civil Judge, Bangalore, partly allowing the prayer for temporary injunction in I.A.I. under Order 39, rule 1 and 2 read with section 151 of the Civil Procedure Code. 3. Since the appeals involve common questions of facts and law, they are disposed of by the following common judgment. 4. The facts giving rise to these appeals a...
Tag this Judgment!S. Nagaraj Vs. S.V. Swaminathan
Court: Karnataka
Decided on: Apr-22-1993
Reported in: II(1993)DMC241; ILR1993KAR1531; 1993(2)KarLJ118
Venkataraman, J.1. This Appeal has been filed by the respondent in Misc. No. 632 of 1984, on the file of the City Civil Judge (C.C.H.No. 7), Bangalore against the order dated 6th November, 1987 allowing the petition of the petitioner and appointing a Receiver.2. The parties will be referred to by the rank they held in the lower-Court.3. The petitioner has filed a petition in the lower-Court under Section 69-A of the Transfer of Property Act ('Act' for short), requesting the Court to appoint a Receiver for the mortgaged property. The respondent therein contested the petition and opposed the appointment of a Receiver on various grounds. The trial Court has passed the impugned order allowing the petition and appointing a Receiver.4. Originally this Appeal had come up before a Single Judge and the Appeal was admitted and interim stay was granted. The petitioner (present respondent) filed objections and one of the contentions raised by him was that as the impugned order was not one passed u...
Tag this Judgment!Shantha and ors. Vs. Channabasappa Dyamappa Gadadavar and anr.
Court: Karnataka
Decided on: Apr-22-1993
Reported in: 1993ACJ850
S. Venkataraman, J.1. By consent of the parties concerned, this appeal is taken up for disposal on merits.This is an appeal filed by the petitioners in MVC No. 1548 of 1989 on the file of the II Additional District Judge and Motor Accidents Claims Tribunal III, Belgaum, against his judgment and award dated 20th April, 1992, awarding a total compensation of Rs. 2,46,400/- over and above a sum of Rs. 25,000/- awarded under Section 140 of the Motor Vehicles Act, for the death of one Annappa in an accident which took place on 21.12.1989.2. The facts giving rise to this appeal may briefly be stated as hereunder:Annappa, the husband of the 1st petitioner and the father of petitioner Nos. 2 to 6, who was an employee in the Karnataka Electricity Board, Chikkodi, was returning to Ghataprabha on 21.12.1989 on his scooter. On the way a delivery van bearing No. CRA 5167 driven by the 1st respondent, who is also the owner of the vehicle, came at a high speed and in a rash and negligent manner from ...
Tag this Judgment!Shantha @ Shantabai Annappa Gadivaddar and ors. Vs. Channabasappa Dyam ...
Court: Karnataka
Decided on: Apr-22-1993
Reported in: 2(1993)ACC536
Venkataraman, J.1. By consent of the parties concerned, this appeal is taken up for disposal on merits.This is an appeal filed by the petitioners in M.V.C. 1548 of 1989, on the file of the II Additional District Judge and Motor Accidents Claims Tribunal-III, Belgaum against his judgment and award dated 20th April, 1992, awarding a total compensation of Rs. 2,46,400/- over and above a sum of Rs. 25,000/- awarded under Section 140 of the Motor Vehicles Act, for the death of one Annappa in an accident which took place on 21.12.1989.2. The facts giving rise to this appeal may briefly be stated as hereunder:Annappa, the husband of the 1st petitioner and the father of petitioners 2 to 6, who was an employee in Karnataka Electricity Board, Chikodi was returning to Ghataprabha on 21.12.1989 on his scooter. On the way a delivery van bearing No. CRA 5167 driven by the 1st respondent, who is also the owner of the vehicle came at a high speed and in a rash and negligent manner from the opposite di...
Tag this Judgment!State Bank of Mysore Vs. M/S. S.M. Essence Distilleries Pvt. Ltd. and ...
Court: Karnataka
Decided on: Apr-21-1993
Reported in: AIR1993Kant359; ILR1993KAR2016
ORDERRaveendran, J.1. The appellant and the respondents in this appeal are respectively the plaintiff and the defendants in O. S. No. 33 of 1983 on the file of the Civil Judge, Srirangapatna. For convenience the parties will be referred to by their Ranks in the trial Court. The plaintiff will also be referred to as the 'Bank'.2: The first Defendant, a Company incorporated under the Companies Act, was a constituted of the plaintiff Bank at its Malai Mahadeswaraswamy Hills Branch, Kollegal Taluk, Mysore District. On the request of the first defendant for certain loan facilities for purposes of their business, the Bank granted the following credit facilities on 16-1-1980:(a) A cash credit loan facility to a limit of Rs.2,00,000/- against hypothecation of goods/stock in trade repayable with interest at State Bank Advance Rate with a minimum of 16 1/2 per annum with quarterly rests; (hereinafter referred to as the Hypothecation Account); (b) A cash credit clean loan of Rs. 60,000/ -repayabl...
Tag this Judgment!Chanabasappa Vs. State of Karnataka
Court: Karnataka
Decided on: Apr-21-1993
Reported in: ILR1993KAR1785; 1993(2)KarLJ381
Shivashankar Bhat, J. 1. The third respondent in the Writ Petition is the appellant before us. The Writ Petition was filed by the third respondent before us. The Writ Petitioner asserted that he filed an application in Form No. VII under Section 48-A of the Karnataka Land Reforms Act, 1964 ('the Act' for short) claiming occupancy rights in respect of certain lands and the said application was filed in the year 1975. According to the Writ Petitioner, the said application was sent by registered post. A xerox copy of the postal acknowledgment purporting to be the acknowledgment of the receipt of a registered article sent by the addressee was filed as Annexure-B to the Writ Petition. A postal receipt issued by the postal authority also was produced. This indicates that on 23rd June 1975, a letter was sent by Registered Post to the Tahsildar, Land Tribunal, Dharwad. The Postal Acknowledgment (Annexure-B) also indicates that the Tahsildar received the same. According to the petitioner, the l...
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