Karnataka Court February 1994 Judgments
National Insurance Co. Ltd. Vs. Sarojini and ors.
Court: Karnataka
Decided on: Feb-25-1994
Reported in: II(1994)ACC423; 1994ACJ781; 1994(2)KarLJ53
M. Ramakrishna, J.1. We have heard Mr. O. Mahesh, learned counsel for the appellant and perused the grounds taken in the appeal as well as the order made by the Tribunal under Section 140 of the Motor Vehicles Act, 1988 (hereinafter called as 'the Act') by which a sum of Rs. 25,000/- has been awarded by way of interim award along with interest at the rate of 6 per cent per annum.2. The main contention of Mr. O. Mahesh in support of the appeal is that the original claimant, Sarojini Gopal Hegde, mother of Anitha, who died in the accident that occurred on 30.5.1992, having died during the pendency of M.V.C. No. 850 of 1992, the Tribunal was in error in allowing the application under Section 140 of the Act for grant of interim compensation in favour of the respondents herein who are none other than the other dependants of Sarojini. His submission is that the respondent Nos. 2 and 3 being not the legal representatives of the deceased Anitha are not entitled to come on record claiming compe...
Tag this Judgment!Syndicate Bank Vs. R.S.R. Engineering Works
Court: Karnataka
Decided on: Feb-24-1994
Reported in: ILR1994KAR1095; 1994(2)KarLJ96
Mirdhe, J.1. This Appeal is filed by the appellant who was plaintiff in the Trial Court against the judgment and decree dated 3.12.1986 passed by the IV Additional City Civil Judge, Bangalore in O.S.No. 1921 of 1980 decreeing the suit of the appellant against defendants 1 and 4 only.2. We have heard the learned Counsel for the appellant and the learned Counsel for Respondents 2 and 3 fully and perused the records of the case.3. The appellant is a Banking Company constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and it filed a suit for recovery of Rs. 59,775-95 paise against all the defendants on the ground that the defendants approached the plaintiff Bank for a loan of Rs. 40,000/- for the purpose of their Industry and it was sanctioned and the loan was availed of by the defendants on 5.12.1974, after executing the requisite documents. It is also further averred by the plaintiff that the loan was required to be repaid after 9 months at the rat...
Tag this Judgment!Mrs. Shazdah Begum Shushtary and Others Vs. the Karnataka Board of Wak ...
Court: Karnataka
Decided on: Feb-23-1994
Reported in: AIR1995Kant155; ILR1994KAR749; 1994(3)KarLJ315
ORDERS. B. Majmudar, C. J.1. Appellants before us the original complainants before the Wakf Board -- Respondent No. I herein are invoking the provisions under the Wakf Act 1954, Wakf Board is a necessary or proper party. This contention is not accepted by the enquiry officer appointed by the Board under Section 45( 1 )(b) and his order is confirmed by the learned single Judge in the writ petition filed by the appellants against his order. That is how the appellants have filed this appeal. The appellants approached the Wakf Board under Section 44 of the Act, for enquiry into the alleged transaction which respondent No. 3 wanted to enter into by way of lease in favor of respondent No. 5. Section 44 of the Act, lays down that any person interested in a wakf may make an application to the Board supported by an affidavit to institute an inquiry relating to the administration of the wakf and if the Board is satisfied that there are reasonable grounds for believing that the affairs of the wak...
Tag this Judgment!Master Strips (Pvt.) Limited Vs. Deputy Commissioner of Commercial Tax ...
Court: Karnataka
Decided on: Feb-23-1994
Reported in: [1995]99STC216(Kar)
Tirath Singh Thakur, J.1. The petitioner is engaged in the business of manufacturing cold rolled steel strips from hot rolled steel strips in coil form purchased from local registered dealers. 2. Assessment for the period July 1, 1984 to June 30, 1985, was completed by the assessing authority concerned by its order dated February 24, 1987, in which the petitioner's claim that the conversion of hot rolled strips into cold rolled strips involved only reduction of the thickness of strips without any changes in the chemical composition thereof was accepted by the authority concerned. While doing so the assessing authority relied upon his personal observation of the process of conversion in the petitioner's factory of which a reference is made in the order of assessment passed by him. The exemption claimed by the petitioner on the sale of rolled strips was accordingly upheld and the petitioner's turnover held exempt from tax. 3. Nearly two years later the Deputy Commissioner of Commercial T...
Tag this Judgment!Nirmala Vs. Nemichand Tavanappa Kudachi
Court: Karnataka
Decided on: Feb-23-1994
Reported in: II(1994)DMC395; ILR1994KAR1068; 1994(2)KarLJ87
Mirdhe, J1. This Appeal is preferred by the appellants who were the plaintiffs in the trial Court against the Judgment and Decree dt. 17.2.1987 passed by the First, Addl. Civil Judge, Belgaum, in O.S.No. 183/84 dismissing the suit of the appellants for partition and separate possession, of the suit schedule properties.2. We have heard the learned Counsel for the appellants and the learned Counsel for the respondents 2, 3 & 4 fully and perused the records of the case.3. The appellants as plaintiffs have filed the suit for partition and separate possession of their share in the properties shown in para 1 (a) on the following averments:That plaintiff No. 1 is the wife of defendant No. 1 and plaintiffs 2 to 5 are the daughters of plaintiff No. 1 and defendant No. 1 and plaintiff Nos. 6 and 7 are their sons. The plaintiffs and defendant No. 1 constitute an undivided Hindu family. The suit properties are the joint family properties of the plaintiffs and defendant No. 1 and there is no severa...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Syaribai
Court: Karnataka
Decided on: Feb-23-1994
Reported in: II(1994)ACC688; 1995ACJ663; ILR1994KAR2031; 1994(3)KarLJ151
M. Ramakrishna, J.1. The appellant - insurer being aggrieved by the judgment and award made in M.V.C. 1171/1989, disposed of on the 8th of July, 1993, by the Motor Accidents Claims Tribunal, 8th Metropolitan Court, Bangalore City, has come up with this Appeal challenging the correctness and legality of the finding recorded against the insurer fixing the liability to make good the amount of compensation awarded, on more than one ground.2. We have heard Sri Shankar, learned Counsel for the appellant, who took us through the judgment and award and argued that, at the outset the Member of the Tribunal was in error in having held in paragraph 16 that having regard to the evidence on record - both oral as well as documentary - the policy issued by the insurer in respect of the motor vehicle in question was valid and therefore the insurer was liable to indemnify the insured and therefore directing to pay the compensation. To substantiate his argument Sri Shankar, learned Counsel, took us thro...
Tag this Judgment!Pundalikaprabhu Vs. Addtional Land Tribunal
Court: Karnataka
Decided on: Feb-22-1994
Reported in: ILR1994KAR1053; 1994(2)KarLJ475
ORDERRajendra Babu, J1. These Petitions are directed against an order made by the Land Tribunal on 3.1.1979. In that proceedings, there were two applicants who had tiled Form No. 7 claiming registration of occupancy rights in respect of certain lands. The Tribunal enquired into the matter and held that the claim of one Smt. K. Sharada Ganesh Bhat cannot be granted and her application was rejected while the claim of respondent No. 5 K. Anantha Shenoy (in W.P.No. 9623/1988 who is R3 in W.P.No. 4952/1988) was allowed and directed registration of occupancy rights in respect of various items of lands. W.P.No. 9623/1988 is filed by certain persons claiming to be the devotees of the respondent No. 4 - Temple. It is alleged that the said Temple is governed by the provisions of Madras Hindu Religious and Charitable Endowments Act. The contention advanced on behalf of the petitioners is that the Temple is under the management of hereditary trustee by members of 'Karthika' family to which the fif...
Tag this Judgment!Ramesh Vs. State of Karnataka
Court: Karnataka
Decided on: Feb-21-1994
Reported in: 1994CriLJ3798; 1993(1)KarLJ406
1. The facts of the case present a sordid story of the gory end of life of a young lady who had a promising career being an Assistant Editor with the accused and was trying to make some debut in film world, the first step having been taken with PW 17 - a film director who wanted to introduce the deceased Suma to the film world. She was a native and resident of Karada village in Kodagu District, and though her educational qualification did not come to the surface during the trial, she was employed by the accused as an Assistant Editor under him to edit his weekly 'Jammanangada' and he was also running a printing press of his own. This occupation of the deceased was at Murnad village some distance away from her own native village and she used to commute by bus to attend to her job. Even before PW 28 Malini joined the establishment of the accused in April, 1990, the deceased Suma was already working with him. In course of time they fell in love with each other and also they intended to ge...
Tag this Judgment!Syndicate Bank Vs. R. Veeranna and Athers
Court: Karnataka
Decided on: Feb-18-1994
Reported in: [1995]82CompCas179a(Kar); ILR1994KAR1129; 1994(2)KarLJ79
M.M. Mirdhe, J.1. This appeal is preferred by the appellant who was the plaintiff in the trial court under section 96, Civil Procedure Code, against the decree and judgment dated August 27, 1986, passed by the Second Additional City Civil Judge, Bangalore City, in O. S. No. 8174 of 1980 in not decreeing the suit of the appellant in respect of the interest as prayed for by it. 2. We have heard learned counsel for the appellant and learned counsel for the respondents and perused the records of the case fully. 3. The appellant as a plaintiff filed the suit for the recovery of a sum of Rs. 5,70,324.15 in respect of the loan account No. OSL 27/72; a sum of Rs. 7,91,203.35 in respect of the loan account No. OSL 20/73, and a sum of Rs. 2,53,563.55 in respect of the overdraft facility availed of by the respondent in SOD account No. 248, dated January 6, 1975. The defendants resisted the suit on several grounds including the ground regarding charging of interest as done by the plaintiff. The tr...
Tag this Judgment!Karnataka State Cable T.V. and Dish Operators Welfare Association Vs. ...
Court: Karnataka
Decided on: Feb-17-1994
Reported in: ILR1994KAR741; 1994(38)KarLJ295
S.B. Majmudar, C.J 1. This Writ Appeal is taken out by the appellant original Writ petitioner, who is running a Cable TV and Dish Antenna operator's business. He is receiving signals from the satellite by way of dish antenna and then is transmitting the same through cables to various television sets, the subscribers of which get the benefit of reproduction of the signals on their TV sets and in which the programmes are transmitted to them by way of Dish Antenna and Cable TV. He also transmits signals of pre-recorded cassettes replayed through his V.C.R./V.C.P, so that the viewers can see the pictures on their T.V. sets as pre-recorded in those cassettes. The appellant charges Rs. 50/- each from his subscribers per month for enabling them to enjoy this benefit. The State of Karnataka introduced Section 4(c) to the Karnataka Entertainment Tax Act, 1958 (for short, the 'Act'), which provided for levy of Entertainment Tax on the Cable T.V. and Dish operating establishments in the State as ...
Tag this Judgment!- ‹ Prev
- 2
- 3
- Next ›
- Last »