Court : Karnataka
ORDERM.P. Chinnappa, J.1. The brief facts leading to these two petitions are that at the request of A-1 the complainant undertook advertising of the products manufactured by A-1 against which the complainant raised invoices from time to time on various dates till 8.6.1993. The accused No. 1 made certain payments towards the said supplies made by the complainant. After giving deduction to the payments made by A-1, a sum of Rs. 13,76,914.78 was due to the complainant which amount the accused failed and neglected to pay to the complainant despite repeated demands and reminders. The accused No. 1 issued three cheques towards payment of the sum due which are as follows:-1. Cheque No. 344578 dated 15.9.93 for Rs. 6,00,185.92.2. Cheque No. 344580 dated 30.9.93 for Rs. 96,895.86 and3. Cheque No. 344581 dated 30.9.93 for Rs. 3,79,833.00 drawn on Canara Bank, Lavelle road, Bangalore. When these cheques were presented for encashment on 3.11.1993, the cheques were dishonoured by the Bankers of the...
Tag this Judgment!Court : Karnataka
Reported in : 1998(3)KarLJ612
ORDER1. The brief facts of the cases which lead to these petitions and which are common in all these petitions are as follows:M/s. Fairgrowth Financial Services Limited was incorporated on 9-7-1990 as a Public Limited Company by shares under the Companies Act, 1956 (hereinafter referred as the Act'), in the State of Karnataka. Certificate for commencement of business was issued by the Registrar of Companies on 10-8-1990. The company has its registered office at No. 22/11, Vittal Mallya Road, Bangalore-Sri K. Dharmapal is the Managing Director and Sri R. Lakshminarayanan is the whole time Director (also designated as Executive Director and Company Secretary) of the Company. It is also alleged that Dr. V. Krishnamurthy, Sri VedKapoor, Sri Kanhaiyalal Rajgarhia, Sri T.P.G. Nambiar, Dr. Pratap C. Reddy, Sri Vijay Dhar, Dr. D.N. Patodia and Sri Vinod L. Doshi are said to be at all material times pertaining to the complaint, the members of the Board of Directors of the Company. The main obje...
Tag this Judgment!Court : Karnataka
Reported in : 1999(4)KarLJ364
R.P. Sethi, C.J.1. Claiming to be working as helper with the erstwhile private stage carriage operators, the appellant filed Writ Petition No. 4075 of 1990 claiming consideration of his absorption with the respondent-Corporation. The writ petition was allowed with a direction to the Corporation to consider the case of the appellant in terms of Regulation 3-A. Pursuant to the orders of this Court, the respondent-Corporation considered the case of the appellant in terms of Regulation 3-A and rejected his prayer for absorption vide order at Annexure-B. Feeling aggrieved by the passing of the aforesaid order, the appellant filed another writ petition in this Court, which was dismissed by the learned Single Judge vide the order impugned in this appeal. The claim of the appellant was rejected on the ground that in terms of the scale fixed under Regulation 3-A, necessary absorption had been made by appointing such persons who were certified to be in the employment of the erstwhile owner of th...
Tag this Judgment!Court : Karnataka
Reported in : AIR1997Kant383; 1997(3)KarLJ94
ORDER1. The petitioner is the Society registered under the provisions of the Karnataka Societies Registration Act, 1960, (for short 'the Act'). It has disputed the competence of the first respondent -- District Registrar to imitate an enquiry in terms of Section 25 of the Act, in respect of the working and financial conditions of the petitioner society, which has been sought to be done under the order dt. 13-12-1996 (Ann. 'C') at the instance of the aggrieved staff of the educational institutions run by it.2. It is not in dispute that the petitioner society has interalia established and administering two educational institutions, namely, Sri. Tippusultan Pre-University College and Hazarath 'Dadakalami Arabic College, both situated at Hukkeri Taluk in Belgaum District. It appears that the Principals of these institution have lodged complaints dt. 23-10-1996 with the District Registrar, making serious allegations of misappropriation of funds and mal administration at the hands of Managem...
Tag this Judgment!Court : Karnataka
Reported in : 1997(58)ECC89; ILR1997KAR731
ORDERH.L Dattu, J.1. In this petition, I am called upon to interpret the true scope of Sub-rule (9) of Rule 174 of the Central Excise Rules, 1944 (herein after referred to as 'the Rules').2. The facts material for the purpose of deciding points in controversy lie in a very narrow compass. Petitioner is a company incorporated under the provisions of the Companies Act, 1956 and is engaged in the business of fabricating sheet metal products and manufacture of Machine Tool Accessories. For the purpose of its manufacturing activity, petitioner has purchased a factory premises comprising land and building bearing No. A.49 in plot No. 493 of Peenya IV phase, Peenya Industrial Area from its previous owner M/s Precision Rubber Industries (P) Ltd., under a Registered Sale Deed dated 8.2.1996. The said M/s. Precision Rubber Industries upon the conveyance of the said property in favour of the petitioner, had addressed a communication dated 4/12 March, 1996 to the 2nd respondent, intimating the Ass...
Tag this Judgment!Court : Karnataka
Reported in : AIR1997Kant243; II(1997)DMC200; ILR1997KAR1198; 1997(3)KarLJ150
1. This appeal arises from the judgment and order dt. 24-6-93 passed by, Civil Judge, Puttur, Dakshina Kannada, rejecting the appellant's application under O. 33, R. 1 of the Civil P. C. for permission to file a suit for maintenance as an indigent person. The application has been rejected primarily 'on the ground that the appellant had received a sum of Rs. 17,000/- by cheque from her husband towards arrears of maintenance in Jan., 1992 and a sum of Rs. 5,000/- in Sept., 1991 towards arrears of maintenance. The trial Court has further observed that no doubt, the appellant and her father who have appeared in witness box as P.W. 1 and P.W. 2 have stated that the amount was disbursed for the payment of loan and other expenditure. The Court below has further taken the view that no documentary evidence has been placed to show that money was borrowed from Subraya Bhat neither there is any receipt to the effect that the loan taken by P.W. 2 father or by her herself had been repaid to Mr. Bhat...
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1983
R.V. Raveendran, J. 1. This second appeal is by the second plaintiff in O.S.No. 16/1979 on the file of the Civil Judge, Puttur.2. The appellant herein and his minor sister filed the suit for (a) declaration that the sale deed dated 3.12.1976 executed by defendants 1 to 4 in favour of fifth defendant in regard to the suit schedule properties (two items of land measuring 1 acre 12 cents and 40 cents in Sy.Nos. 33 and 32 of Bellare Kasba village) was not valid or binding on the family and for cancellation of the said sale deed; (b) directing the fifth defendant to deliver up possession of the suit schedule properties to the family of plaintiffs and defendants-1 to 4 represented by the first defendant; (c) for a permanent prohibitory injunction restraining the fifth defendant in doing any new work or putting up buildings in the suit properties; (d) for means profits from 3.12.1976 till date of suit and for future mesne profits. The suit was filed on 11.4.1979.3. The plaintiffs alleged that...
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1391; 1997(4)KarLJ225
ORDERChandrashekaraiah, J.1. The petitioner are the owners of the certain extent of lands situated at Bellary. The said lands were proposed for acquisition in a preliminary notification dated 17.7.1989 issued under Section 4(1) of the Land Acquisition Act (hereinafter called L.A. Act). The said notification was followed by a final notification dated 22.8.1990 issued under Section 6(1) of the Act. These two notifications have been challenged by the petitioners in these Writ Petitions.2. Learned Counsel for petitioners contended that under the Karnataka Urban Development Authorities Act, 1987, (hereinafter called U.D.A. Act) the 4th respondent Bellary Urban Development Authority may initiate the proceedings for acquisition of the land for the purpose of implementing the development schemes framed by it and when such being the case it is not appropriate for the State Government to initiate the proceedings under the provisions of the Land Acquisition Act for the purpose of formation of sit...
Tag this Judgment!Court : Karnataka
Reported in : 1999(1)ALT(Cri)142; ILR1998KAR592; 1998(4)KarLJ600
M.F. Saldanha, J. 1. This appeal presents, once again a set of most atrocious facts and concerns the death of a young wife through burning under most horrifying conditions. The deceased wife Shamshadbi was hardly aged about 20 years and had been married to A-1 about four years prior to the incident. In the early hours of the morning of 2-5-1990 at about 3.00 a.m., the prosecution alleges that the three accused were instrumental in dousing her clothes with kerosene and that they set fire to her. The deceased ran and jumped into a tub of water and the flames were ultimately extinguished, but she had suffered 90% burns by that point of time and these burns were also not superficial but were third degreeburns which were so deep in certain areas that parts of some of the organs were burnt. It is the prosecution case that the accused had been ill-treating and harassing the deceased among other things on the ground that she had no children. Also, there is some allegation to the effect that A-...
Tag this Judgment!Court : Karnataka
Reported in : 1(1998)ACC506
Hari Nath Tilhari, J.1. By this petition under Article 226 of the Constitution of India, the petitioner has sought for the issuance of writ of certiorari setting aside or quashing the resolution passed by the first respondent in Subject No. 103 of 1995, dated 20/21.12.1995, renewing the State Carriage Permit No. 12/1969-70, for the purpose of the route Bellary to Shimoga and back via Chitradurga, copy of which has been annexed as Annexure-A to the writ petition.2. The petitioner's case is that he is an operator on the aforesaid route Bellary to Shimoga and back via Chitradurga, According to the petitioner's case, respondent 2 in this writ petition has been the holder of the Stage Carriage permit bearing No. 12/1969-70 for the route Bellary to Shimoga and back via Chitradurga District. The petitioner has further asserted that the said permit which had been granted by renewal from time to time was effective upto 31.7.1995.The petitioner's case is that second respondent applied for renewa...
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