Karnataka Court June 1996 Judgments
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Ramappa Alagouda Paddi Vs. Solabayya Shiddayya Gugikollamath by His Lr ...
Court: Karnataka
Decided on: Jun-19-1996
Reported in: ILR1996KAR3193; 1996(7)KarLJ197
ORDERM.F. Saldanha, J.1. This C.R.P. assails an appellate order of the learned Civil Judge, Gokak in Mis. Appeal No. 8/1982. The facts of the case make extremely distasteful reading is so far as the litigation concerns payment of maintenance amount to an aged wife. The litigation started in the year 1974 and it is unnecessary to recount the background of what happened except to record that the husband kept on litigating in different Courts instead of paying the amount to the wife and the culmination of all these efforts was that the second respondent - wife was required to finally file an Execution Proceeding No. 8/80 against her own husband in the Court of the Prl. Munsiff, Gokak. She was required to follow this up with an application for attachment of the properties because even though the maintenance awarded to her was a paltry sum, it had aggregated to around Rs. 10,000/-. Despite the attachment of the three properties, on 1.2.1980 the amount was still not forthcoming from the husb...
Sadat Ali Khan Zai Vs. Bangalore University
Court: Karnataka
Decided on: Jun-18-1996
Reported in: ILR1997KAR43
ORDERA.J. Sadashiva, J.1.Though this petition is listed for preliminary hearing, the same is taken up for final disposal with the consent of the Learned Counsel appearing on both sides.2. The petitioner has filed this petition for quashing Annexure-A by issue of writ of certiorari and for a writ of mandamus directingthe respondent to regularise the services of the petitioner in the civil Engineering Department as Teaching Assistant or to absorb the services of the petitioner in the concerned Civil Engineering Department as Lecturer since he possessed the requisite qualification.3. The petitioner is a holder of Masters Degree in Civil Engineering. He passed his BE, during the year 1985 with First Class and, in the year 1986 he was appointed by the respondent-University as a Teaching Assistant in the scale of Rs. 600 to Rs. 1,300/- on temporary basis as per Annexure-C. It is his case that, till the date of presentation of the petition, the petitioner was working in the same cadre but on ...
Devamma Aithappa and anr. Vs. S.B. Nagarajaiah and ors.
Court: Karnataka
Decided on: Jun-18-1996
Reported in: II(1996)ACC531; 1997ACJ704; ILR1996KAR2494; 1996(5)KarLJ483
ORDERC.N. Aswathanarayana Rao, J.1. This is a Claimants' appeal. The appellant has filed these applications, I.A.No. IV under Order 6 Rule 17 read with 151 CPCpraying for permission to amend the claim petition filed before the Tribunal and I.A.No. V, a similar application under Order 6 Rule 17 CPC praying for permission to amend the appeal memo.2. The grounds urged in these applications are common. They are supported by the affidavit of the 1st Appellant. She has stated in the affidavit that she is the widow of the deceased Aithappa in this case. She has stated that at the time when the claim petition was filed before the Tribunal, she was advised by her advocate that she cannot claim more than Rs. 2,00,000/- as compensation. She has stated since she had lost her husband in the accident at a young age with a minor daughter, she could not think of the amount of compensation which she could claim. It is contended that the Tribunal has given a finding that the earning of her husband was m...
Central Food Technological Research Institute Education Society Vs. Mr ...
Court: Karnataka
Decided on: Jun-18-1996
Reported in: ILR1996KAR3338; 1996(7)KarLJ184
ORDERM.F. Saldanha, J.1. Two issues of some consequence have been canvassed in this C.R.P. which is directed against an appellate order of the District Judge and Educational Appellate Tribunal, Mysore dated 20.8.84 and Mis. Appeal No. 16/84. The petitioners, the Central Food Technological Research Institute Education Society at Mysore hereinafter referred to as the 'Society' had run a school in which the first respondent, hereinafter referred to as the 'respondent' was employed as a teacher with effect from 19.6.1978. She completed her probationary period and was thereafter confirmed and continued to work as a permanent teacher until the year 1984. It is the case of the respondent that the petitioners were obtaining signatures from the teachers on letters similar to their appointment letters to the effect that the school reserves the right to terminate the services after giving one month's notice from year to year. This is alleged as a circumstance of malafides as against the petitione...
Sunshine Tubes Pvt. Ltd. Vs. Customs and Another
Court: Karnataka
Decided on: Jun-17-1996
Reported in: 1997(57)ECC136; 1997(91)ELT296(Kar); ILR1996KAR2644; 1996(6)KarLJ643
ORDER1. In this case, the petitioner company is aggrieved by the orders dated 1-6-1994 (Annexure-F) and 15-12-1995 (Annexure-H) passed by the Customs, Excise and Gold (Control) Appellate Tribunal under Section 35F of Central Excises and Salt Act, 1944 (in short 'the Act'). By the first order the Tribunal had directed the petitioner to pay a sum of Rs. 4.5 lakhs as pre-deposit on or before 31-8-1994 against the total disputed amount of Rs. 13,98,261/- (duty) plus Rs. 10,000/- (penalty). By the second order the Tribunal has refused the prayer of the petitioner to restrict the amount of pre-deposit to the extent already paid i.e., Rs. 55,000/-. Any how it had extended the time for payment of the balance amount till 28-2-1996. 2. The petitioner is a private limited company engaged in the manufacture of inner tubes and flaps of rubber tyres of various sizes. It had cleared these goods from its factory without payment of duty on the ground that it was entitled to exemption thereon as per the...
Advocates' Association Vs. Chief Minister, Government of Karnataka and ...
Court: Karnataka
Decided on: Jun-17-1996
Reported in: ILR1997KAR221
ORDERP. Vishwanatha Shetty, J.1. This petition is presented by the Advocates Association, Bangalore, which is a premier association of Advocates in Karnataka State, ( which is hereinafter referred to as the 'Association'). The petitioner Association has sought for a direction to the respondents to demolish the exising old building of the Association and to construct in its place a new building at the premises of the City Civil Court Complex, Bangalore.M2. Few facts which are relevant for the disposal of this petition as set out by the parties may be briefly stated as hereunder:The case of the Association is that it is a unique association in the State of Karnataka and out of about 22,000 Advocates in the State, about 8,000 Advocates who are practicing in various Courts including the High Court of Karnataka, at Bangalore, are its members and the present premises in occupation of the Association which is located at City Civil Courts Complex is a very old building constructed more than 10...
The Asst. Commr. and Lao Vs. Kappe Erappa and anr.
Court: Karnataka
Decided on: Jun-17-1996
Reported in: ILR1997KAR440; 1997(1)KarLJ128
Hari Nath Tilhari, J.1. Admit. It is taken up for final hearing. Heard Learned Government Pleader.This appeal arises from the Judgment and Order dated 3.12.1993, delivered by R.S. Futane, District Judge, Bellary, in Miscellaneous Appeal No. 35/1991, along with other appeals. The Miscellaneous Appeal No. 35 of 1991, had been filed challenging the Judgment and Order dated 26.6.1991, passed by the Civil Judge, Hospet, in a Land Acquisition Case No. 80 of 1984, and the Learned District Judge, Bellary, affirmed that Judgment and Order of the Learned Civil Judge.2. The Learned Civil Judge, in a Reference under Section 18 of the Land Acquisition Act, for short, the 'Act', namely, Land Acquisition Case No. 80/1984, fixed the market value at Rs. 10,000/- per acre for the land under acquisition and held that the claimant will be entitled to the compensation amount to be fixed at the market value. In addition thereto, the Learned Civil Judge after looking and considering the material on record, r...
J. Rama Vs. Vijaya Bank
Court: Karnataka
Decided on: Jun-17-1996
Reported in: ILR1996KAR2910; 1996(3)KarLJ648
ORDERM.F. Saldanha, J.1. This C.R.P. raises an interesting point with regard to the manner in which the provisions of Article 136 of the Limitation Act are required to be interpreted in so far as the twelve year period in relation to the time limit for execution of decrees is concerned. A few, relevant facts are that the Respondent - Bank had filed a suit in OS. No. 146/74 in which a decree came to be passed on 10.6.1975. An application for execution of the decree being No. 249/84 was filed before the lower Court roughly 9 years after the passing of the decree. Undoubtedly, since Article 136 prescribes a limitation of 12 years, the Court entertained the application. It is presumed that the Bank made certain efforts to execute the decree and that it was unsuccessful as a result of which, after the lapse of another 8 years an amendment application dated 13.8.92 was filed before the executing Court. Effectively, this was in the position of a new application because the law does not provid...
R. Pampapathi Vs. Senior Inspector of Motor Vehicles, Rto
Court: Karnataka
Decided on: Jun-17-1996
Reported in: ILR1996KAR3480; 1996(7)KarLJ625
ORDERG. C. Bharuka, J. 1. Once again the question that has fallen for consideration is as to whether the vehicles which are designed for and operated primarily in the mining areas are liable for registration under theMotor Vehicles Act, 1988 ('New Act' for short) and/or are liable to levy of tax under the provisions of the Karnataka Motor Vehicles Taxation Act, 1957 ('Taxation Act', for short).2. The petitioner, pursuant to grant of mining lease in his favour under the provisions of the Mines and Mineral (Regulation and Development) Act, 1957 read with the Mineral Concession Rules 1960, is carrying on mining operation to mine iron ore in Jambunathanahalli village of Hospet Taluk, Bellary District. Petitioner had purchased a Wheel Loader on 16.5.1989 with the description set out in the Schedule to the Writ Petition from M/s Bharath Earth Movers Limited. According to the petitioner, this wheel loader is exclusively used for loading the iron ore into the tippers in the mining area. It has...
Kirloskar Proprietary Ltd. and Others Vs. Kirloskar Dimensions Pvt. Lt ...
Court: Karnataka
Decided on: Jun-14-1996
Reported in: AIR1997Kant1; [1999]96CompCas726(Kar); ILR1996KAR2957; 1996(5)KarLJ446
1. This appeal is against the order dated 11-11-1994 passed by the 13th Additional City Civil Judge, Bangalore, on IA-A in OS No. 971/1993.2. The parties will be referred to in the course of this judgment as they are arrayed before the trial Court.3. The plaintiffs have filed the suit for permanent injunction restraining the defendants from using the word 'KIRLOSKAR' as part of the first defendant's corporate name and/trading so as to pass off or enable others to pass off the first defendant's goods and/or business as that of the plaintiffs or in some what connected with the plaintiffs and the Kirloskar group of Companies and for damages. In the said suit the plaintiffs have filed an application seeking for temporary injunction restraining the defendants, by themselves, their agents, and/or any other person claiming under them or through, between, or any of the public from using the word 'Kirloskar' as part of the 1st defendant's corporate name and/or trading style so as to pass off or...
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