Karnataka Court October 1999 Judgments
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M/S. Ferrom Electronics Private Limited, Bangalore Vs. M/S. Vijaya Lea ...
Court: Karnataka
Decided on: Oct-14-1999
Reported in: ILR2000KAR235; 2000(1)KarLJ400
ORDER1. Does the transferee of shares of a Public Limited Company registered under the Companies Act, 1956 (for short, 'the Act') have the right to get the shares registered in his own name? And on what grounds the Public Limited Company can refuse to register the shares? Are the twin questions which fall for consideration in this petition.2. Petitioner is a Private Limited Company incorporated under the Act having its registered office at Bangalore. The petition has been under Section 155 of the Act for issuance of a direction to the respondent, a Public Limited Company for the rectification of the register of the members of the respondent-company to include the name of the petitioner-company as its shareholder in respect of the shares purchased by it. Objects of the petitioner-company incorporated in the Memorandum of Association of the company entitling the petitioner-company to invest or purchase the shares of other companies is produced as An-nexure-A.3. Respondent-company has bee...
S.i. KamruddIn Shah (Deceased) by L.Rs. Vs. M.R. Umakanth
Court: Karnataka
Decided on: Oct-13-1999
Reported in: ILR2000KAR2437; 2000(4)KarLJ319
ORDER1. The suit for recovery of unpaid purchase money was decreed by the Trial Court and the decree is resisted and challenged in this revision by the defendant-purchaser, which is at Ex. P. 2. Ex. P. 2 reads as follows:'This agreement dated 29th October, 1979 in favour of M.R. Umakanth, s/o M.V. Ramaiah, residing at Door No. 2023, Mandi-mohallha, Turabali Street, Mysore by S.I. Kamaruddin Shah, s/o Late Syed Mohiddin, residing in the same number. This day i.e., 29-10-1979, I have purchased your house for consideration. In the said house, one Sri S. Narayana is residing as mortgagee and the mortgage period is one year and one month more. Immediately after vacation of the premises by the mortgagee and taking possession by me, I will pay Rs. 5,000-00 (Rupees Five Thousand only) and take an acknowledgement (shara) from you and take back this agreement. Executed the agreement accordingly'. That being the case, the Trial Court ought to have connected those payments to the suit transaction ...
Jagadishgouda and Another Vs. Vyavasaya Seva Sahakari Sangha Limited, ...
Court: Karnataka
Decided on: Oct-12-1999
Reported in: AIR2000Kant177; 2000(3)KarLJ152
ORDER1. Lands bearing Sy. Nos. 60/2 and 61 situated in Chowdapur Village in Bagalkot District belonged to the family of respondents 3 and 4. Respondent 5, who is an unlicensed money-lender, lent Rs. 25,000-00, got executed two sale deeds in his name and in the name of his daughter (respondent 6) on 20-10-1982 and 4-3-1982 towards security of the loan. The documents were presented before the 2nd respondent-Sub-Registrar for registration. The Sub-Registrar issued notices to respondents 5 and 6 vide Annexure-A and B stating that the market value indicated in the sale deeds do not reflect the current market value and calling upon them to show cause as to why the deficit stamp duty should not be collected. Ultimately, those notices became the subject-matter in W.P. Nos. 5046 and 5047 of 1986 filed by respondents 5 and 6 seeking to quash them. By an order dated 11-11-1993 the said notices were quashed and matter was remanded for fresh consideration. The father of respondents 3 and 4 challeng...
T.B. Muddanna Vs. the Registrar of Co-operative Societies, Bangalore a ...
Court: Karnataka
Decided on: Oct-12-1999
Reported in: ILR2000KAR793; 2000(3)KarLJ400
ORDER1. The petitioner was appointed to the post of Deputy Manager (Personnel and Administration) in the 4th respondent-Society which is registered under the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as 'the Act') by an order dated 25-11-1987. Thereafter, the 4th respondent by an order dated 3-3-1992 offered the post of Manager (Personnel and Administration) at the Regional Oil Seeds Growers' Co-operative Societies Union Limited, Raichur, with effect from 1-3-1992, stating that in the event the petitioner fails to accept the above offer his services shall be dispensed with. Since the petitioner did not accept thesaid offer again the 4th respondent issued another notice stating that the petitioner is given three months' notice and on the expiry of the above three months his services shall stand dispensed with without any further notice. Thereafter, an order was passed stating that the services of the petitioner would be dispensed w.e.f. 30-9-1982.2. Since the s...
Smt. Dhondubai Vs. Fakirappa Hanamantappa Medar (Deceased) by Lrs.
Court: Karnataka
Decided on: Oct-12-1999
Reported in: AIR2000Kant372
ORDERT.N. Vallinayagam, J.1. The first defendant in a suit filed for declaration and injunction is questioning the order of the first Appellate Court accepting the valuation and Court Fee paid by the plaintiff as correct.2. The suit is one for declaration that the order passed by the Assistant Commissioner, declaring the sale in favour of the plaintiff is null and void and to declare the plaintiff as the absolute owner. The plaintiff has paid a fixed Court fee of Rs. 100/- under Section 24(c) of the Karnataka Court-Fees and Suits Valuation Act, 1958.3. On the objection by the defendant, the trial Court considered that Section 24(b) alone is applicable and refusing to rely upon the case of AIR 1993 Andh Pra 225 (sic), in the case of Karnataka Electricity Board v. Ashok Iron Works Pvt. Ltd., (1989) 1 Kant LJ 306 and in the case of Shantabai v. Manik Rao Panduranga Rao, (1968) 2 Mys LJ 273 : (AIR 1969 Mysore 255), held that Section 24(b) is applicable. Consequently the value of the proper...
ismail Vs. State of Karnataka
Court: Karnataka
Decided on: Oct-12-1999
Reported in: 2000CriLJ1994
1. This is one more of the wife burning cases but unfortunately, the facts are even more gruesome than the usual ones in so far as the victim wife in this case by the name of Smt. Kursheed Begum was five months pregnant when she was set on fire by the accused as a result of which, not only did she lose her life but the unborn foetus was also killed. The case in question, namely S.C. No. 26/1992 on the file of the Prl. Sessions Judge, Bellary was disposed of on 6-9-1995 and the accused-husband by the name of Ismail, son of Hannur Sab was convicted of the offence punishable under Section 302, IPC and awarded a sentence of imprisonment for life. The present appeal is directed against the conviction and sentence.2. Briefly stated, it is alleged that on the afternoon of 29-12-1991 at about 2 PM at their residential house at Chapparadahalli, Hospet that the accused had returned home and while taking his meals a quarrel ensued between him and the wife Kursheed Begum as a result of which he is...
irappa Chanabasappa Mannane Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Oct-11-1999
Reported in: 2000(1)KarLJ187
ORDER1. The petitioner is an agriculturist. He borrowed a loan of Rs. 16,000-00 from the 2nd respondent-Bank for digging a borewell. The borewell dug by the petitioner failed. The Geologist of Bijapur submitted inspection report in this regard to the Tahsildar, Indi, vide Annexure-B1. In turn the Tahsildar passed order at Annexure-C, dated 11-6-1987 granted concession to an extent of 75% in principal and 100% interest. It is stated that the petitioner has deposited Rs. 4,000-00 towards the 25% of the loan. He claims the remaining 75% as per the Scheme called 'Failed Wells Compensation Scheme' framed by the State Government vide Government Order No. RDC 234 CLS 83, dated 30-5-1984. Such being the position, the Secretary of Precard Bank Limited, Indi, has informed the petitioner that since he is a big farmer, it is not possible towaive the loan of failed well. In those circumstances the petitioner has filed this writ petition seeking to declare that he is entitled for compensation in res...
Cit Vs. Hind Nippon Rural Industries (P) Ltd.
Court: Karnataka
Decided on: Oct-11-1999
Reported in: [2001]251ITR60(KAR); [2001]251ITR60(Karn)
ORDERAshok Bhan, J.At the instance of the revenue, the Income Tax Appellate Tribunal, Bangalore (hereinafter referred to as 'the Tribunal') has referred the following question of law to this court for its opinion :'Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is right in law in allowing deduction under section 80HHC in respect of export of rough unpolished granites ?'The matter involved relates to the assessment year 1992-93. Counsel for the parties are agreed that the question referred to us stands concluded by the judgment of the jurisdictional High Court in CIT v. God Granites (1999) 240 ITR 343 in I.T.R.C. No. 440 of 1998, decided on 31-7-1999.Accordingly, the question referred to us is answered in the affirmative, that is, in favour of the assessee and against the revenue. No costs....
Ganesh Narayan Hegde Vs. S. Bangarappa and Others
Court: Karnataka
Decided on: Oct-10-1999
Reported in: ILR1999KAR3480; 2000(4)KarLJ133
1. Being aggrieved by the Judgment and Order dated 5-1-1996 passed by the learned JMFC, II Court, in C.C. No. 1514 of 1987 acquitting the respondents 1 to 3 for the offence punishable under Section 500 of the Indian Penal Code, the appellant has preferred this appeal challenging the legality and correctness of the same.2. The appellant is the complainant and the respondents are accused 1, 2 and 3. While narrating the facts, the ranks of the parties shall be followed as in the Lower Court.3. According to the complainant he belongs to a famous and well known family of Doddamane Hegde of Siddapur and their family enjoys the distinction of having participated in independence movement. The members of the family of the appellant are engaged in agriculture and sericulture and some members run a rice mill also. The appellant is the founder President of S.S.P. Samithi, Siddapur and has close association with (1) Samaja Shikshana Vishwast Samithi, (2) Modern Education Society and (3) Sarvodaya V...
Karnataka State Financial Corporation, Bangalore Vs. B. Shivaji Mendon
Court: Karnataka
Decided on: Oct-08-1999
Reported in: AIR2000Kant154; [2001]103CompCas756(Kar); 2000(2)KarLJ66
ORDERHeard the petitioner's Counsel Sri K. Gopal Hegde and Sri N. Kumar, learned Counsel for the respondent.2. This revision petition arises from order dated 17-1-1996 passed by the District Judge, Mangalore. The facts of the case in brief are that the Karnataka State Financial Corporation filed an application under Sections 31(1)(aa) and 32 of the State Financial Corporations Act, 1951 for recovery of Rs. 34,17,158-78 ps. from the three respondents jointly and severally who had executed a guarantee deed in favour of the Karnataka State Financial Corporation in respect of the amounts that had become due against the 4th respondent-partnership firm represented by its Managing Partner. The respondents 1 to 3 put in their appearance and filed objections denying the liability and the proceedings were pending from 8-3-1993 and was fixed for evidence on 3-6-1995. The present respondent who was respondent 2 before the learned District Judge and who had been one of the guarantors, filed an appl...
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