Karnataka Court April 1995 Judgments
Wilfred Vs. Maniyar
Court: Karnataka
Decided on: Apr-21-1995
Reported in: II(1995)ACC517; 1995ACJ673; ILR1995KAR1908; 1995(3)KarLJ591
V.P. Mohan Kumar, J.1. A short question arises for consideration in this Appeal. An accident took place on 10.1.1988 involving two K.S.R.T.C. Buses. A Claim Petition was preferred on 10.7.1989 claiming compensation for the personal injuries sustained after the Motor Vehicles Act, 1988 came into force on 1.7.1989. Section 166(3) provided that no application for compensation may be entertained by the Tribunal after 6 months of the occurence of the accident. The Proviso further provided that an application may be entertained after six months if the claimant showed sufficient cause for the delay, but even such an application cannot be entertained after the lapse of twelve months.2. In this case, the accident as stated above took place on 10.1.1988. The claimant was sandwiched between two K.S.R.T.C. buses, resulting in his ribs being fractured. The claimant claimed compensation to the tune of Rs. 75,000/- under various heads. The respondent denied the accident and disputed the claim.3. The ...
Tag this Judgment!Uday Vs. State
Court: Karnataka
Decided on: Apr-20-1995
Reported in: ILR1996KAR312
Padmaraj, J.1. The sole accused in S.C.No. 16/90 on the file of the learned Sessions Judge, Karwar preferred this Appeal challenging the legality and correctness of the conviction of the appellant under Section 376 IPC and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 20,000/-, out of which Rs. 10,000/-is awarded as compensation to PW-1 and in default of payment of fine to undergo simple imprisonment for a period of six months.2. The appellant was tried for the charge under Section 376 IPC, on the allegation that on a certain day in the first week of September 1988 at about 12-30 p.m. at Majali village in Sy.No. 1090-A/3 in the newly constructed house, the appellant woke up the complainant Kum. Vasanthi, daughter of Rangaswami Goundar (PW-1) with the intention of having sexual intercourse with her and compelled her to accompany him and on her refusal, he forcibly took her outside and had sexual intercourse with her and promising to marr...
Tag this Judgment!Akkatai @ Sujata Vs. Baburao Sattappa Angol
Court: Karnataka
Decided on: Apr-20-1995
Reported in: ILR1995KAR1892; 1995(6)KarLJ219
Venkataraman, J.1. The original first respondent Baburao Sattappa Angol must have fired the day he let out his house bearing CTS.No.524/A situated at Kulkarni Galli, Belgaum, in favour of Balappa Kadahatti somewhere in 1969. He was in service then and hoping that he would be able to get back the house by the time of his retirement, he appears to have let out the house. Balappa, when he was living in this house, died in 1976 leaving behind him his wife, the present second respondent, 2 sons, respondents-3 and 4, and an unmarried daughter, the present appellant Akkatai. Baburao was to retire in 1983 and possibly being aware of the laws delays initiated proceedings to secure possession of the house so that he could settle down there after retirement by filling an Eviction Petition in HRC. 53/78 before I Additional Munsiff, Belgaum, against respondents-2 to 4. Though he had also impleaded the appellant as a respondent he later deleted her name as she had been married and gone to live with ...
Tag this Judgment!Gokak Mills Vs. State of Karnataka
Court: Karnataka
Decided on: Apr-19-1995
Reported in: ILR1995KAR1489
S. Rajendra Babu, J.1. In these two matters the questions raised for consideration are : (1) Whether the cotton tyrecord warp sheet manufactured and sold by the petitioner during the periods in question, that is 1973-74 and 1974-75 falls under entry No. 7A of the Fourth Schedule to the Karnataka Sales Tax Act. (2) Whether the expression 'subjected to' contained in entry No. 7A of the Fourth Schedule to the Act is attracted only in cases where additional excise duty has been collected from the dealer on the goods in question 2. The petitioner is a dealer under the Karnataka Sales Tax Act, 1957 (for short, 'the Act') having a mill in Gokak taluk of Belgaum district. One of its activities is manufacture of cotton tyrecord, which is also known as tyrecord warp sheet. Tyrecord was used to be assessed to sales tax under entry No. 7 of the Fourth Schedule to the Act. Tyrecord was also assessed to Central excise duty under the provisions of the Central Excises and Salt Act, 1944. 3. In Delhi ...
Tag this Judgment!Home School Vs. Muneera Basha
Court: Karnataka
Decided on: Apr-18-1995
Reported in: ILR1995KAR1427; 1995(3)KarLJ296
ORDERBharuka, J.1. This Revision Application has been preferred by the tenants who have suffered an order of eviction under Clause (h) of Section 21 (1) of the Karnataka Rent Control Act, 1961 ('the Act', for short) which pertains to the personal necessity of the landlady.2. Admittedly the schedule building had been leased out to the present tenants by Sri A.M. Sufi PW-3 under a registered Lease Deed dated 19.7.1973 (Exhibit P-16) on a monthly rental of Rs. 550/- for a term of five years. Pursuant to the order of compromise passed by this Court in RSA No. 600 of 1966, Sri Sufi made an oral Gift dated 31.10.1974 in respect of the schedule building to his sister Smt. Muneera Begum who has filed the present eviction petition as the landlady. The said Gift was confirmed by Sri Sufi by making a written declaration dated 1.11.1974 (Exhibit P-1) and the same was accepted by the landlady by another written declaration of the same date being Exhibit P-2. Pursuant to this Gift, Bangalore Corpora...
Tag this Judgment!Sashagiri Vs. Belgaum District Co-operative Bank Ltd.
Court: Karnataka
Decided on: Apr-18-1995
Reported in: ILR1995KAR1423; 1995(4)KarLJ403
Bharuka, J.1. The unsuccessful plaintiff who has lost in both the Courts below has preferred this Second Appeal.2. Plaintiff-appellant had filed the present suit for possession of the suit property on the basis of an Agreement Exhibit P-1 claiming the same to be a lease evidencing the present demise.3. Admittedly, the suit property was originally owned by the Motor Owner's Insurance Company Limited. The said Insurance Company had entered into a registered Agreement dated 22.2.1968 (Exhibit P-1) stipulating the present demise of the suit property in favour of the plaintiff. But before the plaintiff could take possession of the property, in terms of the said Agreement, the suit property was sold to the defendant under a registered sale deed. It is also an admitted fact that at the time of execution of the Agreement Exhibit P-1 the suit property was under the tenancy of one M/s Maben who had been evicted from the same in an eviction proceeding and the defendant came in possession thereof ...
Tag this Judgment!Vadigeri Jambanna Vs. Hospet Co-operative City Bank Ltd.
Court: Karnataka
Decided on: Apr-18-1995
Reported in: ILR1995KAR2811; 1996(2)KarLJ556
Bharuka, J.1. The plaintiff having lost before the Courts below has preferred this Second Appeal. He had filed the present suit for declaring auction sate held on 28.6.1978 by the first defendant as null and void and for consequent declaration of his title over the suit properties and for recovery of possession thereto from defendant No. 2 who is the auction purchaser.2. The relevant facts, as found by the Courts below, may be noticed in short. Defendants 3 to 5 and one Sridhar Rao, who has died in 1980, constituted a Hindu Joint Family. Defendants 4 and 5 are the own brothers of said Sridhar Rao and defendant No. 3 is their mother. The said Sridhar Rao had taken certain loan from defendant No. 1 the Co-operative Society. For his failure to repay the said loan the Society raised a dispute under 70 of the Karnataka Co-operative Societies Act, 1959, (hereinafter in short the Act) whereupon the Registrar, as provided under Section 71(1)(c) of the Act referred the dispute for disposal to a...
Tag this Judgment!Sri M.D. Nanaiah Vs. K. Nagaraju and Others
Court: Karnataka
Decided on: Apr-17-1995
Reported in: AIR1995Kant389; ILR1995KAR1705; 1995(5)KarLJ496
1. These four appeals arise out of the interlocutory orders passed by theCourt below in two suits.2. M.F.A. No. 469/95 and M.F.A. No. 470/95 are filed against the order passed on I. A. No. IV, by defendants Nos. 1 and 2 in O.S. No. 518/95. This is an application under Order 39, Rule 2A of the C.P.C. alleging violation of the order in -- No. 1 therein.3. M.F.A. No. 471/95 is filed against the order passed on I.A. No. 1 in O.S. No. 848/95, by defendant No. I therein.4. M.F.A. No. 472/95 is filed by defendants Nos. 1 and 2 against the order passed on I.A. No, III filed in O.S. No. 518/95.5. The facts leading to the above appeals as alleged by the plaintiff is as follows:The 1st defendant in the suit 'The Karnataka State Government Employees' Association' is an Association registered under the Karnataka Societies Registration Act. It has its own rules and bye-laws to govern its affairs. On 29-10-1994, the elected President of the Association tendered his resignation. His term of office was...
Tag this Judgment!N. Sreekantaiah Alias M.N. Sreekantaiah and Another Vs. M.N. Mallikarj ...
Court: Karnataka
Decided on: Apr-10-1995
Reported in: AIR1996Kant193; ILR1995KAR2804; 1995(5)KarLJ684
1. This is a second appeal by the plaintiffs. Both the courts below have declined to grant the relief as claimed by the plaintiffs seeking declaration of title over the suit properties and the consequential relief seeking possession over one of the properties being wet lands measuring 3 acres.2. In the present case the facts are all undisputed. One Naganna had three sons viz. Nanjundappa, Channabasappa, Neelakant-appa. The relevant genealogical tree may be reproduced:-- NAGANNA _____________________________________________________________ | | | |Nanjandappa Channabasappa Neelukantappa | Gowramma (wife)Nagappa |_____________________ | |Parvthamma Nagarathnamma(wife) (wife) |Defendant Plaintiffs(son) (sons & daughters)Channabasappa died issueless leaving behind him his wife Gowramma. After his death his brother Nanjundappa executed a maintenance deed Ex. P-8 dated 10-9-1946 giving the suit properties to said Gowramma being an old mud roofed house and wet land measuring 3 acres (herei...
Tag this Judgment!Babu Poojary Vs. Assistant Commissioner
Court: Karnataka
Decided on: Apr-10-1995
Reported in: ILR1995KAR2111; 1995(3)KarLJ306
ORDERHari Nath Tilhari, J.1. This Petition under Article-226 of the Constitution of India, has been filed with a prayer for the grant of issuance of Writ of Certiorari quashing the order dated 25.4.1994, in No. C.DIS.LRY.CR. 263/93-94, passed by the Assistant Commissioner - Respondent No. 1, copy of which has been annexed as Annexure-A to the Writ Petition as well as for quashing of the order dated 21.3.1994, passed by the Tahsildar, Mangalore Taluk, - Respondent No. 2 in No. LRY LR.392/91-92, copy of which order has been annexed as Annexure-B to the Writ Petition.2. The land involved in the present Writ Petition has been described and mentioned in paragraph-1 of the Writ Petition with its Survey numbers and area and is situate in village Jeppina Mogru, in Mangalore Taluk, District Dakshina Kannada, hereinafter referred to as the land in dispute. According to the petitioner's case, the petitioner who is the second son of late Mundappa Poojary, as mentioned in the Writ Petition was the ...
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