Karnataka Court March 1996 Judgments
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N. Venkoba Rao Vs. B.K. Shreenivasa Iyengar and Others
Court: Karnataka
Decided on: Mar-03-1996
Reported in: [1997]88CompCas195(Kar); 1996(7)KarLJ89
M.F. Saldanha, J. 1. I have herd the petitioner's learned advocate and the respondents' learned advocate. 2. The facts in this case are distressing. The short point urged by the petitioner's learned advocate is that his client was proceeded against in the execution proceedings for recovery of certain amounts which were invested by the respondent and against which the respondent decree-holder had obtained a decree. The learned advocate submits that the business had collapsed and that an application for winding up of the concerns has been entertained by the High Court and a liquidator has been appointed. He has submitted that having regard to the provisions of section 587 of the Companies Act, 1956, once such a development takes place, it is not competent for any court to either commence or continue with any legal proceedings in relation to recoveries either against the concern or persons who have contributed to it. He, therefore, submits that this revision is entitled to succeed is so f...
Bapuji Grameena Vikas Samithi (R) Vs. State of Karnataka and Another
Court: Karnataka
Decided on: Mar-01-1996
Reported in: AIR1997Kant55; 1997(1)KarLJ632
ORDER1. This petition is filed under Art. 226 of Constitution of India whereby the petitioner has sought for a writ of mandamus or any other writ, order or direction, directing the respondents not to cancel affiliation granted to the petitioners's Arts. and Commerce College, Sadashivagad as per Annexures-'A', 'B', 'C', and 'D' and further prayed for quashing of Annexure 'G' as unlawful and without jurisdiction.2. The facts of the case in brief are that the petitioner's society has started a Pre-University College at Karwar by the name Sri. Durgadvi Pre-University College. Subsequently, the petitioner's society thought to open First Grade College for providing higher educational facilities in Arts and Commerce and applied for affiliation with Karnataka University under Karnataka State Universities Act, 1976. The 2nd respondent forwarded the application to the Government for its recommendations for grant of affiliation. According to the petitioner's case, the Government by its order date...
Gnyana Mandir Trust and ors. Vs. State of Karnataka and anr.
Court: Karnataka
Decided on: Mar-01-1996
Reported in: ILR1997KAR155; 1997(2)KarLJ99
Hari Nath Tilhari, J.1. These Writ Petitions involve common questions of law, so they are being disposed of by one common Judgment.2. The petitioner in Writ Petition Nos. 7163 and 7164 has challenged the Government Circular bearing No. L01/SC/ST/20/89/ 90, dated 20.11.1989, the copy of which has been annexed as Annexure-A to the Writ Petition. The petitioner has prayed for quashing of this Circular Annexure-A by a writ, order or direction in the nature of writ of certiorari or the like. The petitioner has further prayed for a writ of mandamus being issued restraining the respondents from enforcing the above mentioned Circular and has prayed for such further or other reliefs as this Court deems fit.3. The case of the petitioner in these two Writ Petitions is that the petitioner is a Trust, which owns educational institutions in the name and style of 'Gnyana Mandira' and at present running Sudarshan Vidhya Mandira. The first petitioner's case is that the settlers who were desirous of cre...
Patel Veerabasappa Vs. Basamma
Court: Karnataka
Decided on: Mar-01-1996
Reported in: ILR1996KAR1435; 1996(2)KarLJ102
ORDERChinnappa, J. 1. This Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure against the order dated 28.6.91 passed in M.A. No. 56/83 on the file of the Additional District Judge, Shimoga, dismissing the appeal and confirming the order dated 8.8.83 in V.O.A.C. 6/82-83 passed by the Tahsildar, Bhadravathi.2. The brief facts of the case of the petitioners are that S.No. 33 measuring 21.33 Gs., S.No. 35 measuring 1.34 Gs., S.No. 37 measuring 9.10 Gs. and S.No. 70 measuring 16.33 Gs. of Thimmalapura Village were Patel Service Inam lands of Thimmalapura. Patel Veerabasappa was the Patel of Thimmalapura Village till the Karnataka Village Offices Abolition Act, 1961 (for short 'the Act'), came into force. Prior to Patel Veerabasappa holding the office of Patel, his elder brother Sangappa was holding the same. Patel Sangappa died in the year 1938 leaving behind only Basamma his wife. Basamma, on the death of her husband stayed in her parents house at Holegalalu ...
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