Karnataka Court April 1993 Judgments
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Union of India (Uoi) Vs. Muniswamappa
Court: Karnataka
Decided on: Apr-15-1993
Reported in: ILR1993KAR1745; 1992(2)KarLJ431
K.A. Swami, Ag. C.J.1. The Writ Appeals are preferred against the Order dated 16.4.1991 passed in W.Ps Nos. 19245 to 19253/1989. However, it is necessary to mention here that W.A.No. 2193/92 arising out of W.P.No. 19249/89 was dismissed as withdrawn. Therefore, there was no necessity for the appellant to file an Appeal against the order passed in that Writ Petition dismissing it as withdrawn. Hence it is not necessary to consider W.A.No. 2193/92 because it is unnecessarily filed. As such, it stands disposed of accordingly.2. The petitioners in W.P.Nos.13653 to 13665/1989; & 17655 to 17662/89 - stand in the same position as the petitioners in W.P.No. 19245 to 19253/89 because all these petitioners were parties to the Decision dated 31.5.1988 rendered by Bopanna,J. The lands concerned in these Writ Petitions and the Writ Appeals were also concerned in the Decision dated 31.5.1988 rendered by Bopanna, J.3. The lands concerned in these Writ Appeals and the Writ Petitions are as follows:W.P...
Commissioner, Corporation of the City of Bangalore, Bangalore Vs. S. R ...
Court: Karnataka
Decided on: Apr-13-1993
Reported in: 1993(2)KarLJ521
A.B. MURGOD, J.(1) THIS appeal is filed by the defendants under order 41, Rule 1 read with Section 96, CPC against the judgment and decree dated 25-2-1987 passed in o. s. No. 2017 of 1984 by the 14th additional city civil judge, Bangalore city, decreeing the suit for permanent injunction.(2) THE suit was filed describing the plaintiff as Smt. S. Ranganayaki setlur, wife of late s. s. setlur represented by her power of attorney holder Sri p. k. raman, the appellants are the commissioner, the assistant executive engineer, the revenue officer and the assistant revenue officer of the corporation of the city of Bangalore. They were defendants 1 to 4 before the trial court. Hereinafter the parties arc referred to by their ranks in the trial court.(3) THE plaintiff sought the relief of permanent injunction in respect of plaint schedule property which is part and parcel of old survey No. 64, new survey No. 61, out of 10 1/2 acres the remaining portion after sale renumbered as old No. 13, new N...
Balasubramanya Vs. Srikanth
Court: Karnataka
Decided on: Apr-12-1993
Reported in: ILR1993KAR2356; 1993(2)KarLJ584
ORDERSreenivasa Reddy, J. 1. In this Criminal Petition the petitioners have prayed for setting aside the order dated 4.4.1989 passed by the learned Sessions Judge, Chickmagalur, in Crl.R.P.No. 40/1989. 2. The petitioners are the complainants in PCR No. 1/89 on the file of the Chief Judicial Magistrate, Chickmagalur, and the respondents are the accused along with two others therein. Therefore, in this order the petitioners will be referred to as the complainants and the respondents as the accused. 3. The complainants filed a private complaint under Section 200 Cr.P.C. against these accused and two others for offences punishable under Sections 143, 147, 448 r/w Section 149, Section 379 r/w Section 149, Section 392 r/w Section 149 and 395 of I.P.C. The learned Magistrate referred the case for investigation under Section 156(3) Cr.P.C. to the Dy.S.P., Chickmagalur. Though the process was not issued against Accused-3 to 5, they voluntarily appeared before the Court and objected to the inves...
H.S. Uma Vs. G.K. Sumanth Arya
Court: Karnataka
Decided on: Apr-08-1993
Reported in: II(1993)DMC174; ILR1993KAR1774; 1993(2)KarLJ529
Krishnan, J. 1. The appellant was respondent before the Addl.Prl.Judge, Family Court, Bangalore in M.C No. 642 of 1989 and being aggrieved by the decree of divorce granted in the said case has preferred this Appeal.2. Parties shall hereafter be referred to with reference to their ranks in the lower Court or husband and wife as the occasion may demand. The petitioner filed the petition under Section 13(1)(1a) of the Hindu Marriage Act (for snort 'the Act') seeking a decree for divorce to dissolve his marriage with the respondent. The case put forward by him in brief, is as follows:He married the respondent on 19-6-1988 at Bangalore and out of the said wedlock a female child was born. The respondent lived with the petitioner for a short period of only 4 to 5 months and even during the said period her actual residence with him was only for a few days as she used to go away to her parents house at Viveknagar quite often and that too without the consent of either himself or his mother. She ...
Gayathri Vs. Ramesh
Court: Karnataka
Decided on: Apr-08-1993
Reported in: II(1993)DMC197; ILR1993KAR1857; 1993(2)KarLJ447
Krishnan, J.1. The appellant herein was the petitioner before the Prl.Judge, Family Court, Bangalore in C.Mis.No. 446 of 1990 and being aggrieved by the dismissal of the petition filed by her under Section 125 Cr.P.C,, has preferred this Appeal. The petitioner has pleaded that she was married to the respondent on 13.4.1977 and till August 1980 they were living without much problem and in that month he married another girl by name Jayalaxmi and subsequently used to visit her. Respondent has not been paying anything to her towards her maintenance. He has sufficient means as he is working as a mechanic in B.T.S., Bangalore and gets salary of Rs. 2,500/- per month. Therefore, she has sought for recovery of separate maintenance of Rs. 500/- per month. The respondent remained absent after service of notice in the trial Court and thereafter he was placed exparte and the case was posted for exparte evidence by way of affidavit and the petitioner filed an affidavit swearing to the several circu...
M. Manohar and Another Vs. T.R. Mills Pvt. Ltd. and Others
Court: Karnataka
Decided on: Apr-07-1993
Reported in: [1996]86CompCas570(Kar); ILR1993KAR1382; 1992(3)KarLJ399
K. Shivashankar Bhat 1. The first appellant before us sough to refer to the notes of inspection available with him while deposing, regarding the contents of the several documents of which he had taken inspection. Those documents were not available for being produced in the court, in a proceeding under section 397 and 398 of the Companies Act, 1956 ('the Act', for short). The learned company judge did not permit the appellant to refer to the notes made by the first appellant. This disallowance is challenged in Appeal O.S.A. No. 7 of 1992. Earlier the appellants had sought to produce those notes as evidence in their case. The learned company judge held that the notes were not true copies of the documents and, therefore, these notes cannot be availed of to prove the contents of the originals. O.S.A. 13 of 1992 is against the said order. The appeals are under section 483 of the Companies Act, 1956. When the appeals came up for admission we pointed out that the orders under appeal are only ...
Sipani Fibres Vs. State of Karnataka
Court: Karnataka
Decided on: Apr-07-1993
Reported in: [1993]91STC261(Kar)
K. Shivashankar Bhat, J.1. The question to be considered pertains to the period April 1, 1984 to March 31, 1985, under the provisions of the Karnataka Sales Tax Act, 1957 ('the Act' for short). The petitioner purchased HDPE granules during the aforesaid year, by furnishing declaration under 'form 37' read with section 5A of the Act, to the effect that the HDPE granules are for use by the petitioner as inputs in the manufacture of other taxable goods inside the State for sale. The petitioners, ultimately manufactured HDPE fabrics from which, a part was utilised to further manufacture 'HDPE woven sacks'. 2. Initially, out of the HDPE granules, 'HDPE tapes' are manufactured; these tapes are used to manufacture HDPE fabrics, out of which, a portion was used to manufacture HDPE sacks. HDPE fabrics and the sacks were sold by the petitioner. 3. The Revenue contends that, the ultimate products - HDPE fabrics and HDPE sacks - manufactured by the petitioner are goods exempted from tax under the ...
Ramappa Basappa Palled Vs. Smt. Basava
Court: Karnataka
Decided on: Apr-07-1993
Reported in: ILR1993KAR1865; 1993(2)KarLJ573
Shivashankar Bhat, J.1. This Appeal is by the two sons of the original defendant, who died after the suit was decreed. 1st respondent is the plaintiff; she sought partition and claimed half share in the properties described in the schedules to the plaint. According to the plaintiff, her husband died as an undivided member of the joint family which possessed the suit properties and that she was entitled to a share in respect of which her husband had a right.2. Basappa was the common ancestor; Ramappa and Shivappa are his sons; Ramappa is a defendant; plaintiff is the widow of Shivappa. Ramanna has two sons and five daughters. The two sons are the present appellants and respondents 2 to 6 are the daughters of the said defendant, Plaintiff has a daughter who is not a party to these proceedings. Ramappa died on 27.2.1991. According to the plaint case, the joint family of Basappa had a family house and leasehold agricultural lands and his eldest son Ramappa was managing the family affairs; ...
Girijamma Shedthi Vs. Kalyani Shedthi
Court: Karnataka
Decided on: Apr-07-1993
Reported in: II(1993)DMC231; ILR1993KAR2261; 1993(3)KarLJ337
Shivashankar Bhat, J. 1. Defendants 1 and 3 are the appellants. The 1st plaintiff is the mother and plaintiffs-2 to 6 are children. The plaintiffs sought partition of the properties claiming them to be the properties left behind by one M.D. Ramanna Shetty, who died on 2nd September 1979. The 1st plaintiff claims to be the wife of the deceased. The 1st defendant also is another wife. The 9th defendant is stated to be the 2nd wife, while the 1st plaintiff is stated to be the 3rd wife. Defendants-2 to 8 are the children of the 1st defendant. Defendants-10 to 12 are the children of one Pushpavathi the deceased daughter of the 9th defendant through M.D. Ramanna Shetty, 6/16th share is claimed by the plaintiffs on the ground that the parties are governed by the Aliyasantana Law of inheritance. 2. Defendants-1 and 3 to 8 filed a common written statement. They admitted that Ramanna Shetty died intestate. However, they denied the status of the 1st plaintiff and of the 9th defendant as the wives...
Vignyan Industries Limited Vs. State of Karnataka
Court: Karnataka
Decided on: Apr-02-1993
Reported in: [1994]92STC270(Kar)
S.A. Hakeem, J. 1. The common petitioner in these petitions is a registered dealer under the Karnataka Sales Tax Act, 1957 ('the Act'). The petitioner purchases iron scrap from dealers for the purpose of manufacturing iron and steel castings which are sold by it. For the assessment years 1973 and 1974 ending December 31, 1973 and December 31, 1974 respectively, the petitioner filed its annual returns declaring certain turnover and claiming exemption of sales turnover of the manufactured goods. Accepting the contention of the assessee that the goods sold were manufactured out of tax-suffered iron scrap, the Assistant Commissioner of Commercial Taxes (Assessment), Mysore, exempted the said sales turnover of manufactured goods. Later, the assessing authority, in exercise of his power conferred under section 25A of the Act, issued notice to the petitioner proposing to rectify the alleged mistake apparent on the record on the ground that the deduction allowed on the sale of castings and ing...
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