Karnataka Court August 1994 Judgments
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Airwings Private Ltd. Vs. Viktoria Air Cargo Gmbh.
Court: Karnataka
Decided on: Aug-17-1994
Reported in: [1995]82CompCas447(Kar)
S.B. Majmudar, C.J.1. Common procedural questions arise for our consideration in O.S.A. No. 19 of 1993 and other company petitions. In company petitions, the learned single judge, Rajendra Babu J. has referred the following two questions for our decision. (1) What is the scope of enquiry or hearing (2) The nature or contents of the order and whether the usual practice of this court when matters are admitted and interim orders are granted no detailed reasons are set forth, applicable 2. As the common reference order shows these questions pertain to the stage prior to the admission and advertisement of the company petition moved by the petitioning creditor seeking an order for winding-up the respondent-company on the ground that the company is unable to pay its debts as envisaged by section 433(e) of the Companies Act, 1956. 3. In O.S.A. No. 19 of 1993, also these procedural questions squarely arise for our consideration. Therefore, they were all heard together and are being disposed of...
S.V. Venkataswamy Vs. Assistant Commissioner
Court: Karnataka
Decided on: Aug-17-1994
Reported in: ILR1994KAR3101; 1994(4)KarLJ591
ORDERHari Nath Tilhari, J. 1. By this Petition, the petitioner has prayed for issuance of a Writ of Certiorari or Writ Order or direction in the nature of a Writ of Certiorari quashing the order dated 24-1-1994, passed by Assistant Commissioner/Sub-Divisional Officer, Bangalore Sub-Division, in Village Panchayat Case (V.P.C.) No. 15/1993-94, with the description of case and its parties as Sri B. Srinivasa and Ors. v. Secretary & others and for setting aside the endorsement V.P.C.No. 26/79-80 dated 20-2-1980, issued by the Chairman of the Panchayat concerned after having held the same to be contrary to law.2. The facts of the case in brief are that in favour of petitioners 1 to 5, Village Panchayat had made allotments of the property in dispute - vide the Endorsement V.P.No. 26/79-80 dated 20-2-1980. The opposite parties to this present Writ Petition having felt aggrieved from the order of allotment which had been made in favour of the Writ petitioners 2 to 5 in the year 1980 (as mentio...
Sayyad BadruddIn Sayyad Murtuza Saheb Fatehpur and Others Vs. Karnatak ...
Court: Karnataka
Decided on: Aug-12-1994
Reported in: AIR1995Kant151; ILR1994KAR2681; 1994(4)KarLJ632
1. The present second appeal has been filed against the judgment and decree dated 19th July, 1982 passed by the Principal Civil Judge, Bijapur in Regular Appeal No. 4 of 1980 whereby he reversed the judgment and decree dated 15th Nov. 1979 passed by the Principal Munsiff, Bijapur in Original Suit No. 102 of 1976.2. The substantial questions of law as arising out of the impugned judgment are the following:(1) Whether despite the fact that there is evidence of possession of the plaintiff on the suit property, the lower appellate Court was correct in holding that the appellants had no title to the suit property?(2) Whether in the facts of the present case, any appeal was maintainable at the instance of defendant No. 5?3. There is a Wakf known as 'Sayed Peershah Karimullah Shah Dargah' at Bijapur. Pursuant to the preliminary survey and enquiry conducted under Section 4 of the Wakf Act, 1954 (Central Act 29 of 1954) (hereinafter for short, 'the Act' only) read with R. 4 the Karnataka Wakf R...
V. N. Samant Vs. K.G.N. Traders and Another
Court: Karnataka
Decided on: Aug-12-1994
Reported in: 1994CriLJ3115; ILR1994KAR2991
S. Venkataraman, J.1. This petition is filed by the first accused in C.C. No. 20939 of 1993 on the file of the Chief Metropolitan Magistrate, Bangalore, against the issue of process to the petitioner and also for quashing the entire proceedings. For the purpose of convenience, the parties will be referred to by their rank in the lower court. 2. The first defendant has filed the complaint against the petitioner and another person for an offence under section 138 of the Negotiable Instruments Ad (for short 'the Act'), alleging that in respect of G.I. sheets which had been supplied by the complainant on the orders issued by the accused, a cheque for Rs. 1,15,000 was issued by the accused on May 27, 1993, that when the cheque was presented for realisation on May 28, 1993, it was returned with an endorsement 'exceeds arrangement' dated May 31, 1993, that the complainant got issued a legal notice dated June 8, 1993, demanding payment of the amount, that the notices were sent both by register...
V.N. Samant Vs. M/S K.G.N. Traders and Another
Court: Karnataka
Decided on: Aug-12-1994
Reported in: [1998]91CompCas612(Kar); 1994(4)KarLJ418
ORDER1. This petition is filed by the first accused in C.C. No. 20939/93 on the file of the Chief Metropolitan Magistrate, Bangalore, against the issue of process to the petitioner and also for quashing the entire proceedings. 2. For the purpose of convenience the parties will be referred to by their rank in the lower court. 3. The defendant has filed the complaint against the petitioner and another person for an offence under section 138 of the Negotiable Instruments Act ('the Act' for short) alleging that in respect of G.I. sheets which had been supplied by the complainant on the orders issued by the accused, a cheque for Rs. 1,15,000/- was issued by the accused on 27-5-1993, that when the cheque was presented for realisation on 28-5-1993 it was returned with an endorsement 'exceeds arrangement' dated 31-5-1993 that the complainant got issued a legal notice dated 8-6-1993 demanding payment of the amount, that the notices were sent both by the registered post acknowledgment due as wel...
Karnataka Handloom Development Corporation Ltd. Vs. Addl. Deputy Commi ...
Court: Karnataka
Decided on: Aug-12-1994
Reported in: ILR1994KAR2697
S.B. Majmudar, C.J.1. As common Question arises in these Writ Appeals they are disposed of by this Common Order.2. The Writ petitioners had filed Writ Petitions in this Court under Article 226 of the Constitution of India making a grievance that when their second appeals are pending before the Karnataka Sales Tax Appellate Tribunal, the Tribunal having no powers to grant stay, their appeals have almost become infructuous. In the Writ Petitions it was contended that the provision of Section 22(3-A) of the Karnataka Sales Tax Act, are arbitrary and violative of Article 15 of the Constitution. The said provision lays down that notwithstanding that an appeal has been preferred under Sub-section (1), the payment of tax or penalty or any other amount, payable in accordance with any other order passed by the Deputy Commissioner or Joint Commissioner under Section 20 shall not, pending disposal of the appeal, be stayed by the Appellate Tribunal.3. The petitioners have filed second appeals befo...
Durvasa and Others Vs. Chandrakala
Court: Karnataka
Decided on: Aug-11-1994
Reported in: 1995(2)ALT(Cri)97; 1994CriLJ3765; ILR1994KAR2429; 1995(4)KarLJ263
ORDER1. The petitioners who are accused in C.C. 496/90 on the file of the Munsiff and J.M.F.C., Koppal, have filed this petition under section 401, Cr.P.C. for setting aside the order dated 23-8-1990 passed by the learned J.M.F.C., issuing process against them for offence under Section 494 read with Section 109, IPC.2. The respondent has filed the complaint before the Magistrate alleging that she is the legally wedded wife of the first petitioner, their marriage having taken place on 2-6-1978 as per the custom of the family, that she was living with the first petitioner for 10 years and gave birth to three children, that the first petitioner was ill-treating her as he was given to some vices and ultimately he drove her out of the house in February, 1988, that she came to know in February, 1990 that the first petitioner was searching for a bride for second marriage, that she then filed a suit against him and obtained a temporary injunction restraining him from going through a second mar...
T.L. Channegowda Vs. State of Karnataka
Court: Karnataka
Decided on: Aug-10-1994
Reported in: ILR1994KAR3092; 1994(4)KarLJ564
ORDERHari Nath Tilhari, J. 1. By this Petition under Article 226 of the Constitution of India, the petitioner has sought the following reliefs.-(a) that the Karnataka Land Revenue (Amendment) Act 1993 (Karnataka Act No. 20 of 1993) be declared to be unconstitutional and void;(b) issue a Writ of prohibition, prohibiting the respondents herein or their officers, men, servants, agents, subordinates or any one claiming through or under them from interfering with the right of the petitioner to excavate and transport granite from the lands fully set out in the schedule;(c) to direct the respondents to pay costs.2. The facts of the case in brief are that the petitioner has filed this Petition alleging that he is the absolute owner of the land mentioned in the schedule given at page 16 of the Writ Petition, describing the property in dispute as under: -3. Land bearing Sy.No.83/7 of Thenganayakanahalli village, Sathanur Hobli, Kanakapura Taluk, in the Bangalore District measuring 4 acres and bo...
M. Mubarak Ali Vs. Controller, of Examination, Bangalore University an ...
Court: Karnataka
Decided on: Aug-09-1994
Reported in: AIR1995Kant42; ILR1994KAR2859; 1994(4)KarLJ352
ORDER1. Petitioner appeared for the fourth year B.H.M.S. Degree examination (Homeopathy) in January, 1994. There arc 3 subjects for the above examination. The peti tioner passed the first 2 subjects but failed in the 3rd subject 'Repertory' as is evident from Annexure 'A' the marks card. The total marks for that subject is 200 made up of -- Theory 100 marks, practical 50 marks and Viva-voce 50 marks. A separate minima of 50% is necessary in all the above 3 for securing a pass. The petitioner obtained only 46 marks out of 100 for 'Theory' though he obtained more than 50% for Practical and Viva-vocc. According the petitioner was declared to have failed in that, examination. The petitioner is claiming that he is entitled to a grace mark of 3% of the total marks for the subject namely 6 marks and if it is added to the marks for Theory he will obtain pass mark. Though he made various representations to the University authorities to award him the same, so far the university has not done so a...
C. Narayana Reddy Vs. Management of Ajantha theatre
Court: Karnataka
Decided on: Aug-09-1994
Reported in: ILR1994KAR2483; 1994(4)KarLJ36
Eswara Prasad, J.1. This Appeal arises out of the Judgment of the learned Singe Judge, dismissing Writ Petition No. 22642 of 1990 in which, the appellant challenged the award of the second respondent - Labour Court dated 12-7-1989. 2. The facts in short are as follows : The appellant was working as the Manager of a Cinema Theatre after being promoted from the post of an Assistant Manager. His services were terminated by the first respondent on the ground of misconduct by a letter of termination dated 24-4-1982 issued by the first respondent. An amount of Rs. 1318.33 P. was sent by a cheque along with the termination order in final settlement. It was stated in the said letter that the appellant neglected his duties as Manager; that he failed to act as per the instructions of the first respondent; that he failed to maintain the various particulars prescribed under the Entertainment Act and Rules, and did not pay the Provident Fund contributions to the authorities, leading to serious infr...
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