Karnataka Court August 1993 Judgments
Rainbow Enterprises Vs. India Brewery and Distillery Ltd.
Court: Karnataka
Decided on: Aug-27-1993
Reported in: [1995]82CompCas74a(Kar); 1994(38)KarLJ25
S. Rajendra Babu, J.1. The petitioner is seeking winding up of the respondent-company principal under section 433(e) of the Companies Act. 1956. A statutory notice was issued by the petitioner on October 28, 1991, to the effect that the petitioner-company has been supplying packing materials such as CC boxes, etc., for a long time and has also been receiving payments therefore; there were certain outstanding dues to be paid and a statement of account was prepared on December 31, 1990, and was sent to the respondent requesting it to make the payment immediately; the amount claimed therein was in a sum of Rs. 1,50,575.87; since there was no response to that letter, another letter was sent requesting to settle the accounts as on July 31, 1991, within two weeks; the amount claimed therein was Rs. 1,71,656.49, and barring some small amounts outstanding, the dues were not paid by the respondent. The statutory notice was issued as contemplated under section 433(e), read with section 434(1)(a)...
Tag this Judgment!Raghurama Shetty Vs. Karnataka Bank Ltd.
Court: Karnataka
Decided on: Aug-27-1993
Reported in: ILR1994KAR1648; 1994(2)KarLJ683
R. Ramakrishna, J.1. The Question of Law involved in this Revision is :'Whether the provisions of Order XXI Rule 64 of the Code of Civil Procedure are not applicable to the sale of mortgaged properties under Execution?' 2. The petitioner is a judgment-debtor in Execution Case No.322/87 arising out of O.S.No.93/80 pending on the file of the learned Civil Judge, Udupi, Dakshina Kannada. The said Execution is filed by the Respondent for recovery of Rs. 1,03,581-74p. Assistance of the Court is required for the recovery of the said amount by the sale of the mortgaged properties set out in the Preliminary Decree.3. This Preliminary Decree was passed in O.S.No. 93/80 by virtue of a joint Memo filed by both the parties. The properties subjected to mortgage and the properties offered as collateral security are set out in the Preliminary Decree dated 12.9.1981. They are classified by the petitioner before the Executing Court as follows:(1) a Rice Mill Building with back-yard for drying:(2) a Res...
Tag this Judgment!B.S. Narayanaswamy Vs. the Deputy Commissioner for Transports, Mysore ...
Court: Karnataka
Decided on: Aug-25-1993
Reported in: I(1994)ACC53; AIR1994Kant118; 1993(3)KarLJ292
ORDER1. This Writ Petition has come up for preliminary hearing today. Sri C. V. Kumar, Govt. Pleader to take notice for therespondents.By consent of the learned counsel on bothsides, this writ petition is treated as havingbeen posted for hearing and I have heardthem.2. The petitioner who is a registered owner of the Stage carriage vehicle bearingregistration No. MYN. 4457 has sought quashing of :--(a) The demand notice dated 29-3-1993 issued by the Regional Transport Officer, Mandya, to the effect of getting the seized vehicle released on payment of tax which was found due for the relevant period commencing from 1-1-1993 to 31-3-1993 when the vehicle was seized;(b) And also the order dated 24-5-1993 passed by the Deputy Commissioner for Transport Mysore in Appeal No. DCT. MYS.TAX.APL. 4/93-94 wherein the appellate authority confirmed the order of the Regional Transport Officer, Mandya.Further the petitioner has sought necessary directions to be issued to the Transportauthorities to acc...
Tag this Judgment!State of Karnataka, by Its Secretary, Dept. of Food and Others Vs. Sri ...
Court: Karnataka
Decided on: Aug-25-1993
Reported in: AIR1994Kant103; ILR1993KAR2680; 1994(1)KarLJ209
ORDERS. B. Majmudar, CJ.1. We have heard the learned counsel for the parties in these group of matters. As a short question is involved, by their consent all these appeals are treated to have been admitted and are being disposed of.2. The learned single Judge having heard the parties in these group of matters has taken the view that for the purpose of the Karnataka Rice Procurement (Levy) Order, 1984 (for short referred to as 'Order 1984') as no purchase price has been prescribed there is no restriction to transport the broken rice as submitted by the learned counsel for the petitioners. It was further held that so long as the purchase price is not fixed and no levy is contemplated under the Order, 1984 for broken rice, there cannot be any restriction for its free movement. In case of dispute as to whether the rice in transit is broken rice or pucca rice, it is for the concerned authoritiesto decide in accordance with law.3. Learned Government Advocate appearing for the appellant-autho...
Tag this Judgment!B.K. Kanavi Vs. State of Karnataka and anr.
Court: Karnataka
Decided on: Aug-25-1993
Reported in: 1993(3)KarLJ326
ORDERG.P. Shivaprakash, J.1. This petition under Article 226 of the Constitution of India is presented by the petitioner who belonged to the Karnataka Judicial Service. Disciplinary inquiry was instituted against him in Departmental Enquiry Case No. 6/88 while he was in the cadre of Civil Judges to answer the following four charges :'Charge-I. - You being a Civil Judge started constructing the first floor to your building on the site bearing No. 11/8 in XII Ward, Dharwad, under licence No. HDC/30/BLI/83, dated 31st July, 1985 issued by Hubli-Dharwad Corporation and completed the construction of the first floor before May 1987 without prior permission of the High Court and thereby you have violated Rule 23(2) of the Karnataka Civil Services (Conduct) Rules, 1966'. 'Charge-II. - You completed the construction of the first floor to your building on the site bearing No. 11/8 in XIII Ward, Dharwad, without disclosing complete source for the construction of the first floor and the said acqui...
Tag this Judgment!Laxminarayana Adiga Vs. Ramakrishna Adiga
Court: Karnataka
Decided on: Aug-25-1993
Reported in: ILR1993KAR2593
ORDERRajendra Babu, J.1. The petitioner claims to be in possession of property comprised in Survey number 74/27, measuring 24 cents of Uppoor village, Udupi Taluk, which also consists of a residential house in a portion thereof.2. Respondent No. 1 filed an application under Section 41 of the Karnataka Land Reforms Act, 1961 (in short the Act) before the Tahsildar stating that he is in possession of the said property as a Moolageni tenant; that the petitioner had filed an application in Form No. 7 before the Tribunal and on that basis the Land Tribunal had granted occupancy rights in his favour and against that order a Writ Petition was preferred before this Court and the order was set aside and the matter was remitted to the Tribunal and thereafter an order was made on 13.9.1985 by the Tribunal whereunder respondent No. 1 was declared to be tenant in respect of eastern portion of 16 cents of land including the house in the aforesaid Survey number, while in regard to the balance of land...
Tag this Judgment!Srinivas Desai Vs. State of Karnataka
Court: Karnataka
Decided on: Aug-24-1993
Reported in: ILR1993KAR2523; 1993(3)KarLJ393
S.B. Majmudar, C.J.1. We have heard the learned Advocates for the parties. We find that the points raised in these Appeals are entirely different from the points - raised in W.A.No. 1510 of 1993. Therefore, we disconnected W.A.No.1510/93 from this batch, and adjourned the said Writ Appeal for ten days. So far as these Writ Appeals are concerned, we are of the view that there is no case made out for interference.2. The appellants in these Appeals wanted to start a new primary Teachers Training Institutes in the State. Therefore, they made applications for getting recognition. They submitted that they would not claim any grant from the State Government and they will run the institutions on their own. The State authorities rejected this request on the ground that there was already a policy decision taken by the State not to permit starting of new training institutions as that would hurt number of unemployed trained personnel holding the Teacher Training Certificates, and therefore, during...
Tag this Judgment!Subbanna Shetty Vs. Sarojini
Court: Karnataka
Decided on: Aug-24-1993
Reported in: 1994ACJ457; ILR1993KAR3061; 1994(1)KarLJ131
Hakeem, J.1. This Appeal by the owner is directed against the award of compensation arising out of the claim in respect of a motor accident resulting in the death of one Ganapathi Bhat. The claimants have, in turn, filed their cross-objection seeking enhancement of compensation.2. The facts leading to the claim are as follows : On 4-6-1982 the said Ganapathi Bhat along with the claimants was travelling in a K.S.R.T.C. bus from Honnavar to Karki. After getting down at Karki Bus stop, they were proceeding along the western edge of the road towards Honnavar side to reach their home. While they were so proceeding, the Truck bearing No. 7989 coming from Kumta side in a high speed dashed against Ganapathi Bhat and one Savithri. As a result, both were thrown out to the side of the road. On account of the impact, the stones of the culvert fell upon Ganapathi Bhat, as a result of which, he died on the spot. The deceased was working as a Branch Manager in K.D.C.C. Bank in its Branch at Hulekal, ...
Tag this Judgment!K. Subbanna Shetty Vs. Sarojini and ors.
Court: Karnataka
Decided on: Aug-24-1993
Reported in: I(1995)ACC437
S.A. Hakeem, J.1. This appeal by the owner is directed against the award of compensation arising out of the claim in respect of a motor accident resulting in the death of one Ganapathi Bhat. The claimants have, in turn, filed their cross-objection seeking enhancement of compensation.2. The facts leading to the claim are as follows:On 4.6.1982, the said Ganapathi Bhat along with the claimants was travelling in a K.S.R.T.C. bus from Honnavar to Karki. After getting down at Karki Bus Stop, they were proceeding along the western edge of the road towards Honnavar side to reach their home. While they were so proceeding, the truck bearing No. 7989 coming from Kumta side in a high speed dashed against Ganapathi Bhat and one Savithri. As a result, both were thrown to the side of the road, On account of the impact, the stones of the culvert fell upon Ganapathi Bhat as a result of which he died on the spot. The deceased was working as a Branch Manager in K.D.C.C. Bank in its branch at Hulekal and...
Tag this Judgment!A.K. Subbaiah Vs. Sri Ramakrishna Hegde and Others
Court: Karnataka
Decided on: Aug-20-1993
Reported in: AIR1994Kant35; ILR1993KAR2528; 1993(4)KarLJ205
ORDERS. B. Majmudar, C. J. 1. This writ appeal is directed against the judgment and order rendered by the learned single Judge, in Writ Petition No. 18188 of 1991 on 17th Sept. 1992, by which the writ petition was allowed. The writ petition was moved by respondent No. 1 herein, challenging the order of the Governor of Karnataka passed under Art. 192(1) of the Constitution of India, holding that the respondent No. 1 (the writ petition) had become disqualified from being a Member of the Karnataka Legislative Assembly. The said decision was rendered by the Governor on the basis of the opinion of the Election Commission to that effect. The learned single Judge took the view that the said decision of the Governor was erroneous and was liable to be set aside by issuance of a writ under Art. 226 of the Constitution. That has brought the original respondent 3, who was the complainant before the Governor and at whose instance the controversy saw the light of the day, to the appellate Court, und...
Tag this Judgment!- ‹ Prev
- 2
- 3
- Next ›
- Last »