Karnataka Court January 1995 Judgments
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Kumar Vs. Vinod K. Chawla
Court: Karnataka
Decided on: Jan-18-1995
Reported in: ILR1995KAR640
ORDERG.C. Bharuka, J.1. This Revision Petition has been filed by the tenant against the impugned order passed under Section 29 of the Karnataka Rent Control Act, 1961 (hereinafter in short the Act only). By this order, the Court below has directed the petitioner - tenant to pay Rs. 7,720/- as arrears of rent within one month from the date of the order and continue to pay future rent at the rate of Rs. 950/- p.m.2. The petitioner is a tenant in an old structure, which was subsequently purchased by the landlord. At the request of the landlord, the petitioner vacated the said premises with an understanding that he would be reinducted in the new structure which was to be constructed by the landlord, for running his business. An Agreement to that effect was entered between the parties on 17.2.1984.Subsequently, when the premises was about to be completed, parties entered into another Agreement dated 8.2.1985 (Ex.P.1). Clause (k) of the condition No. 7 of the said Agreement reads as under:'(...
Lingachari Vs. B. Krishnappa and ors.
Court: Karnataka
Decided on: Jan-18-1995
Reported in: I(1996)ACC234; 1996ACJ533
M.F. Saldanha, J.1. Heard learned counsel representing different parties. The principal point that falls for decision in this appeal is the short question as to whether the respondent No. 1 can be held to have been the registered owner of the motor cycle No. MEX 680 as on 6.9.1985 which is the date of the incident. The learned trial Judge, after consideration of the record, came to the conclusion that the vehicle had been transferred sometime prior to that date and as a necessary consequence, recorded the finding that by virtue of this transfer, the insurance company was also no longer liable. There is no dispute about the fact that if the vehicle had been in fact transferred, that the liability of the insurance company ceases unless the policy has been transferred to the new owner. Under these circumstances, the application for the award of compensation came to be dismissed even though the learned Judge after a consideration of the other issues recorded the finding that normally he wo...
Sri Bantu and Another Vs. Sri Annappa and Others
Court: Karnataka
Decided on: Jan-17-1995
Reported in: I(1997)ACC402; 1995ACJ1158; AIR1996Kant33; ILR1995KAR2284; 1995(6)KarLJ319
1. Heard learned Advocates on both sides.2. This appeal is preferred by the parents of a 17 year old college student by the name of Sudhir who was injured on the evening of 14-12-1989 near Belekeri pursuant to which he died on the spot. The claimants before the Tribunal were the father and mother of the boy. They had pointed out that he was 17 years old, that he was studying in the First Year Diploma Course in the Govt. Polytechnic College, Karwar. They have also submitted that they are agriculturists and that they had virtually sacrificed all that they could for purposes of giving their son a good education and that they were very confident that he would secure a good job shortly thereafter and they were having all theirhopes on him. Significantly enough, what they have contended was that they have virtually invested whatever they could afford on the education of the boy and that as a result of his death, not only have they lost everything that they had put in but more importantly the...
Ramesh Vs. District Magistrate
Court: Karnataka
Decided on: Jan-17-1995
Reported in: ILR1995KAR1019; 1995(2)KarLJ181
ORDERHari Nath Tilhari, J1. My this Petition, the petitioner has prayed for grant and issuance of Writ of Mandamus directing Respondent to re-grant the licence in favour of the petitioner for the period commencing from 11.1.1995 onwards, to exhibit the films in Bhaskar Touring Talkies, K.G. Byadarahalli, J.C. Nagar, Bangalore, without insisting on the production of the Certificate of Clearance from the office of Commercial Tax Officer/Department, regarding Entertainment Tax.2. The brief facts of the case in the nut shell are:- According to the petitioner, the petitioner has been running the Touring Talkies in the name and style of 'Bhaskar Touring Talkies', with effect from 1976 and maintained the same in good condition and in accordance with the provisions of Karnataka Cinema (Regulation) Act, 1964 and the Rules framed thereunder, known as Karnataka Cinema (Regulation) Rules, 1971. The petitioner's case is that petitioner's licence has been renewed from time to time and lastly it was ...
State of Karnataka Vs. Mahesha
Court: Karnataka
Decided on: Jan-17-1995
Reported in: 1996(1)ALT(Cri)275; ILR1995KAR1090
Mirdhe, J.1. This Criminal Appeal is preferred by the State against the judgment dated 30.6.92 passed by the Sessions Judge, Madikeri, in S.C. 33/86 acquitting the respondents - accused of the offences punishable under Sections 3 and 4 of the Dowry Prohibition Act and under Section 302 read with Section 114 and Section 304B I.P.C.2. We have heard Sri Marigowda, learned High Court Government Pleader for the appellant - State and Sri Bhagwan, learned Counsel for the respondents, fully and perused the records of the case.3. The case of the prosecution is as follows :- The deceased Leelavathy was the legally wedded wife of accused No. 1. Her marriage with accused No. 1 took place on 18.6.86 at Shetty Chatram, Ramanathapuram. Before the finalisation of the marriage with accused No. 1, the accused demanded a dowry of Rs. 30,000/- and 15 tolas of gold, but due to the intervention of the elders that demand of dowry came to be reduced and it was agreed by the father of the deceased that he woul...
Karnataka State Financial Corporation Vs. Rafiq and Another
Court: Karnataka
Decided on: Jan-16-1995
Reported in: [1996]85CompCas47(Kar); ILR1995KAR932
Kumar Rajaratnam, J.1. The petitioner is the second defendant in the trial court. The petitioner is the Karnataka State Financial Corporation. According to the petitioner, some moneys were borrowed by the first defendant, who is the second respondent before this court. For the purpose of convenience the parties will be referred to as they are described in the proceedings before the trial court. The plaintiff filed a suit against the principal borrower and the Karnataka States Financial Corporation. However, the principal borrower does not choose to file the suit. Curiously the plaintiff has filed this suit impleading the principal borrower as the first defendant and the Karnataka State Financial Corporation, as the second defendant. The substance of the suit in brief is that the plaintiff, who claims to be a tenant under defendant No. 1. has sought for perpetual injunction directing the defendants not to interfere with the peaceful possession of Wahiawa of the suit schedule property in...
Radhakrishna Vs. Mysore Sugar Co. Ltd.
Court: Karnataka
Decided on: Jan-16-1995
Reported in: ILR1995KAR710; 1995(2)KarLJ607
ORDERM.F. Saldanha, J.1. A rather unusual situation has arisen in this group of Writ Petitions and I have heard learned Counsel appearing on both sides with regard to the aspect of procedural proprieties that arise for determination. Briefly stated, the present petitioners approached this Court through this group of Petitions on a charge that the Respondent-Company, the Mysore Sugar Company Limited, Mandya which had employed them in various capacities had sought to abruptly terminate their services. They contend that they were attached basically to various duties in relation to the then Chairman and that the Company contended that their tenure of employment was co-extensive with the term of office of that officer and that consequently, their services were being terminated. The petitioners on the other hand relied on various provisions of law but basically, approached this Court in exercise of its Writ Jurisdiction on the ground that the action was both arbitrary and illegal. They also ...
Chowdaiah Vs. Nagaraj
Court: Karnataka
Decided on: Jan-16-1995
Reported in: ILR1995KAR850
ORDERBharuka, J.1. The impugned order passed is pursuant to an application filed by Respondent No. 2 under the provisions of Order 21 Rule 99 of C.P.C. whereby the Court has held that she is entitled to be put back in possession of the schedule premises since on the date of dispossession i.e., on 6.1.1994 she was in possession of the said premises in the capacity of a tenant.2. The schedule premises was originally owned by Smt. Parvathamma. The petitioner has purchased the said premises on 2.7.1992 under a registered Sale Deed. After purchasing the said premises the petitioner filed an eviction petition being HRC No. 811/1993 impleading Respondent No. 1 only who happens to be the husband of Respondent No. 2. Since all efforts to serve respondent No. 1 failed, steps were taken for effecting substituted service. But, Respondent No. 1 did not appear in the proceeding to contest the eviction petition and accordingly an exparte decree was passed. Consequent to that, Ex.Case No. 10133/1993 w...
Canara Bank, Khade Bazar Branch, Belgaum Vs. M/S. Milan Medicals, and ...
Court: Karnataka
Decided on: Jan-13-1995
Reported in: AIR1996Kant24; 1995(3)KarLJ251
1. This is an appeal filed by the Canara Bank wherein a modification is sought in the final decree that has been passed by the trial Court. The respondents have appeared pursuant to notice having been issued to them.2. The first contention raised by the appellant learned advocate and about which there cannot be much dispute is that there is an error in the concluding part of the judgment as also in the operative part of the order. The principal amount borrowed in this case was Rs. 3,00,000/- and admittedly, the respondents did not repay any amount to the bank. The suit was, therefore, filed claiming an amount of Rs. 4,00190.39 ps. along with current and future interest. While decreeing the suit, the learned Judge has awarded interest that is prescribed and directed that the interest would be on the sum of Rs. 3,00,000/- namely the original principal and not the principal plus interest namely the amount claimed by the plaintiff when the suit was instituted. The appellant's learned advoc...
Canara Bank Vs. Milan Medicals and Others
Court: Karnataka
Decided on: Jan-13-1995
Reported in: [1999]95CompCas447(Kar); ILR1995KAR2214
M.F. Saldanha, J.1. This is an appeal filed by the Canara Bank wherein a modification is sought in the final decree that has been passed by the trial court. The respondents have appeared pursuant to notice having been issued to them. 2. The first contention raised by the appellant's learned advocate and about which there cannot be much dispute is that there is an error in the concluding part of the judgment as also in the operative part of the order. The principal amount borrowed in this case was Rs. 3,00,000 and admittedly, the respondents did not repay any amount to the bank. The suit was, therefore, filed, claiming an amount of Rs. 4,00,190.39 along with current and future interest. While decreeing the suit, the learned judge has awarded interest that is prescribed, and directed that the interest would be on the sum of Rs. 3,00,000, namely, the original principal and not the principal plus interest, namely, the amount claimed by the plaintiff when the suit was instituted. The appell...
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