Karnataka Court September 1996 Judgments

Smt. Smithaben H. Patel and Others Vs. M/S. Industrial Credit and Deve ...

Court: Karnataka

Reported in: AIR1997Kant188; 1997(2)KarLJ262

ORDER1. An interesting aspect of the law relating to the question concerning the manner in which instalments paid pursuant to the passing of a decree are required to be appropriated has arisen for consideration in this case. The petitioners are the Judgment Debtors who submitted to a decree in O. S. No. 1727/82 for a sum of Rs.7,29,980.73/-.The respondents are a financial institution and the decretal amount consisted of certain finances which the respondents had made available to the petitioners as also interest at the agreed rate between the parties. The decree also specified that the petitioners who are the Judgment Debtors, would be entitled to satisfy the decree through instalment payments of Rs.20,000/-per month. The admitted position is that the petitioners did commence making the instalment payments and continued to do so for a considerable period of time. The dispute has arisen because right from the very inception, the petitioners along with each of their instalment payments, ...

R.S. Rajanna Vs. Sri Basavaiah and Others

Court: Karnataka

Reported in: AIR1997Kant245; ILR1997KAR1824

ORDER1. This is a review application under O. 47, R. 1 of the Code of Civil Procedure read with S. 114 thereof. This review application has been filed from the judgment and decree dated September 5, 1991 passed by the Hon'ble Mr. Justice B. Jagannatha Hegde in Regular Second Appeal No. 616/1983, allowing the appeal of the present opposite party No. 1 taking the view that Smt.Lingegowda (Smt. Nanjamma) succeeded to the suit properties or inherited the suit properties of her husband Sri Lingegowda by virtue of and under the Will dated 12-5-1948 which had been executed by Sri Lingegowda in favour of his wife Smt. Nanjamma.2. The admitted position between the parties is that Sri Lingegowda died on 23-2-1956. As stated by the applicant's counsel, his death took place prior to the coming into force of Hindu Succession .Act. No doubt, Smt. Nangamma is alleged to have executed the Will relating to the suit property on 10-6-1973 in favour of the applicant, the question involved in the case was ...

Smt. Smithaben H. Patel and Others Vs. Industrial Credit and Developme ...

Court: Karnataka

Reported in: [1999]95CompCas825(Kar)

M.F. Saldanha, J. 1. An interesting aspect of the law relating to the question concerning the manner in which instalments paid pursuant to the passing of a decree are required to be appropriated has arisen for consideration in this case. The petitioners are the judgment debtors who submitted to a decree in O.S. No. 1727 of 1982, for a sum of Rs. 7,29,980.73. The respondents are a financial institution and the decretal amount consisted of certain finances which the respondents had made available to the petitioners as also interest at the agreed rate between the parties. The decree also specified that the petitioners who are the judgment debtors, would be entitled to satisfy the decree through instalment payments of Rs. 20,000 per month. The admitted position is that the petitioners did commence making the instalment payments and continued to do so for a considerable period of time. The dispute has arisen because right from the very inception, the petitioners along with each of their ins...

Lawrence D'Souza Vs. Smt. Rathnavathi and Ors.

Court: Karnataka

Reported in: ILR1997KAR872; 1997(4)KarLJ424

ORDERChidananda Ullal, J1. The petitioner herein had originally filed an Appeal before the Land Reforms Appellate Authority, Udupi, Dakshina Kannada District in LRA.TT/1412/88. When the said Appellate Authority was abolished, the Appeal was transferred to this Court, upon a C.P. filed in No. 598/ 90 before this Court. Hence, what is before this Court is the said Appeal in the form of a Writ Petition.2. I heard the Learned Counsel Sri K. Giridhar for Sri U.L. Narayana Rao for the petitioner and the Learned Government Pleader Sri M.N. Ramanjaneyagouda, for the Respondents No. 2 and 3. The * Respondent No. 1 having been served with notice remained absent before this Court. I have also perused the records pertaining to the case.3. The brief facts of the case are that, the petitioner's father one Kuddu alias Pedru D'Souza filed Form No. 7 before the Respondent No.3 - Land Tribunal, Udupi, claiming occupancy right in respect of two items of land owned by one P.N. Madhava Rao, six items of la...

Smithaben H. Patel and Others Vs. Industrial Credit and Development Sy ...

Court: Karnataka

M.F. Saldanha, J. 1. An interesting aspect of the law relating to the question concerning the manner in which instalments paid pursuant to the passing of a decree are required to be appropriated has arisen for consideration in this case. The petitioners are the judgment-debtors who submitted to a decree in Original Suit No. 1727 of 1982 for a sum of Rs. 7,29,980.73. The respondents are a financial institution and the decretal amount consisted of certain finances which the respondents had made available to the petitioners as also interest at the agreed rate between the parties. The decree also specified that the petitioner, who are judgment-debtors would be entitled to satisfy the decree through instalment payment of Rs. 20,000/- per month. The admitted position is that the petitioners did commence making the instalment payments and continued to do so for a considerable period of time. The dispute has arisen because right from the very inception, the petitioners alongwith each of their ...

P. Fatesh Ahamed Saheb, by Lrs Vs. Sandur Usman Saheb by Lrs and ors.

Court: Karnataka

Reported in: ILR1997KAR999

M.B. Vishwanath, J1. This is plaintiff's appeal under Section 100 of the C.P.C.2. Plaintiff Fatesh Ahmed Saheb filed O.S.No. 207/1971 on the file of the Principal Munsiff, Hospet, against first defendant Sandur Usman Saheb and second defendant Sandur Phakeer Ahmed Saheb praying for declaration that he was the owner of the suit schedule property (measuring east to west 30 ft. and north to south 30 ft.) and for permanent injunction restraining the defendants from interfering with his peaceful possession of the suit property.3. The Trial Court decreed the plaintiff's suit.4. Aggrieved by the Judgment and decree passed by the learned Munsiff, the defendants filed R.A.No.69/1978 before the Learned Civil Judge, Hospet.5. The learned appellate Judge allowed the appeal and dismissed the plaintiff's suit 6. The case of the plaintiff is:The plaintiff is the owner of the suit schedule property and he purchased the suit schedule property under the registered sale deed dated 7.5.1971(Ex.P-1) from T...

T.H. Mohammed Vs. United India Insurance Co. Ltd.

Court: Karnataka

Reported in: II(1998)ACC269; 1998ACJ463; 1997(2)KarLJ153

M.F. Saldanha, J.1. This civil revision petition is dealt with by me in two separate compartments. The first aspect of it relates to non-payment of compensation amount by the insurance company. Admittedly, the Motor Accidents Claims Tribunal passed an order dated 22.9.1986 awarding compensation as also interest at the rate of 6 per cent per annum simple interest. The order specified that in the event of the respondent insurance company not depositing the amount awarded within six months, that it would then carry interest at the rate of 12 per cent per annum from the date of the petition till the payment was made. In other words, there was a clear mandate in the decree, that if there was any default in the payment of the awarded amount beyond six months, that the computation of interest would be at the rate of 12 per cent per annum. The admitted position is that the amount was not deposited within six months. The payment was in fact made only on 22.7.1989 and insurance company deposited...

Afsar Banu and ors. Vs. the Labour Officer and Commissioner for Workme ...

Court: Karnataka

Reported in: II(1998)ACC99; ILR1997KAR811; 1997(4)KarLJ536

ORDERV.P. Mohan Kumar, J.1. Petitioners herein are the legal representatives of one deceased Syed Hayath Peer alias Pyaru. He died in an accident. They filed a claim petition under the Workmen's Compensation Act, 1923, seeking compensation. After contest a sum of Rs. 71,396/- was awarded along with interest, by its award dated 30-1-1992. The employer was the 3rd respondent herein. A certificate was issued apparently under Section 31 of the Workmen's Compensation Act on 12-11-1992 to recover the amount. The 2nd respondent received the same on 13-11-1992. The petitioner then approached the 2nd respondent to take steps to recover the amount due under the award. It is seen from the records that on 23-3-1993, a seizure notice was issued by the 2nd respondent to recover the amount due from the 3rd respondent. Nothing seems to have been done thereafter. It was followed by another seizure notice dated 6-5-1993. The same also was not enforced. It is stated that the 3rd respondent then wrote a l...

Y.N. Krishna Murthy Vs. Karnataka Silk Industries Corporation Limited, ...

Court: Karnataka

Reported in: ILR1997KAR1768; 1997(2)KarLJ413; (1997)IILLJ928Kant

1. The ordinary dictionary meanings of the word 'Stigina' are' 'Mark branded on slave, criminal etc; imputation attaching to person's reputation; stain on one's good name' It is also considered as : 'A brand; a mark of infancy; a disgrace or reproach a lied to anyone; any special mark; a bleeding spot; a scar; a spot sensitive to light.' 2. In relation to employment, the word 'Stigma' means aspersion or reflection on the conduct, efficiency and the like made in the order which is likely to adversely affect the future prospects of the individual relating to his employment or promotion. 3. In the absence of any statutory definition assigned, the Supreme Court considered its scope and ambit in Kamal Kishore Lakshman v. Management of M/s. Pan American World Air ways Inc. and Others (1987-I-LLJ-107) at paras 8 and 9 and relying upon its earlier judgments in Chandu Lal v. Management of M/s. Pan American World Airways Inc. and Others (1985-II-LLJ-181) and Jagdish Mitter v. Union of India, (19...

Vigneshwar Vs. Gangabai Kom Narayan Bhat Prasad and Others

Court: Karnataka

Reported in: AIR1997Kant149; 1997(4)KarLJ458

ORDER1. A rather tricky situation has arisen in this case wherein the respondent who is receiving a small amount of political pension and who is the judgment-debtor in execution proceedings before the lower court had taken up a plea that the amount lying in her bank account which was sought to be attached in execution of the decree is immune from attachment by virtue of the provisions contained in Section 11 of the Pensions Act which prescribes a bar to the attachment of pension amounts. Basically the respondent had pleaded that Section 60(g) C.P.C. very clearly excludes such sums of money from attachment. The learned trial Judge after hearing the parties upheld the contention and it is against this order that the present C.R.P. has been directed. The petitioner's learned advocate submitted that the law with regard to the immunity from attachment has now been settled and that the view taken by the various Courts and in particular, the Supreme Court decisions reported in : [1969]3SCR28 ...