Karnataka Court February 1999 Judgments
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Basagouda Vs. Assistant Commissioner, Chikodi Sub-division, Chikodi, D ...
Court: Karnataka
Decided on: Feb-03-1999
Reported in: ILR1999KAR1484; 1999(5)KarLJ559
ORDER1. Sri S. Mahesh, learned Additional Government Advocate is directed to take notice for the 1st respondent.2. In this petition, the petitioner has called in question the correctness of the order dated 4th January, 1993, a copy of which has been produced as Annexure-A passed by the 1st respondent rejecting the appeal filed by the petitioner and confirming the order dated 20th April, 1991 passed by the Tahsildar entering the name of respondents 3 and 4 in respect of land measuring 1 acre and 25 guntas situated on the eastern side in Sy. No. 772/2 of Raibag Taluk, Belgaum District.3. A few facts in respect of which there is no serious dispute which may be relevant for the disposal of this petition may be set out as hereunder:The petitioner and the 2nd respondent are brothers and members of the joint family. The land bearing Sy. No. 772/2 in all measures 3 acres and 12 guntas. Admittedly, the said 3 acres and 12 guntas of land in Sy. No. 772/2 is a joint family property and there has ...
Shantharaju N. Vs. State Bank of Mysore and anr.
Court: Karnataka
Decided on: Feb-03-1999
Reported in: (1999)IILLJ637Kant
ORDERTirath S. Thakur, J.1. In Writ Petition No. 14631/1998, filed by the petitioner, a certiorari quashing the charge sheet issued to him and in the alternative for restraining the respondents from proceeding with the disciplinary enquiry pending disposal of criminal proceedings under investigation with the C.B.I, was prayed for. Justice BHARUKA before whom the said petition came for orders dismissed the same by his order dated June 22, 1998 on the ground that the prayers made were not tenable in law. A direction was however issued to the Disciplinary Authority to dispose of the representation if any made by the petitioner claiming a similar relief. The petitioner appears to have accordingly made a representation on -September 4, 1998 which was considered together with his earlier representation dated January 3, 1998 and rejected by the Disciplinary Authority's order dated November 23, 1998. The Authority was of the view that there was no justification for keeping in abeyance the disc...
N. Sundaraswamy and Others Vs. Bangalore Turf Club Limited, Bangalore
Court: Karnataka
Decided on: Feb-02-1999
Reported in: [2001]103CompCas73(Kar); 1999(3)KarLJ330
ORDER1. This case raises certain interesting facets of law which to a very large extent are unprecedented. Briefly stated, the petitioners who are categorised as Stand Members of the Bangalore Turf Club Limited, which I shall hereinafter refer to as the 'Club', have presented this petition under Section 433(f) of the Companies Act wherein they have contended that the respondent-Company is liable to be wound up on a very unusual ground namely that it has been their charge the functioning of the respondent-Company does not pass legal scrutiny. Effectively, the grievance of the petitioners is that they have been granted Stand Membership which according to them necessarily implies that they must be afforded the right to participate in the decision making and managerial process of the Company but that through a certain application of the Articles of Association, the petitioners are deprived of this right. The allegation is that the attitude of the respondents bristles with mala fides insofa...
M.B. Devaraju Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Feb-02-1999
Reported in: 1999(3)KarLJ346
ORDER1. The petitioner herein had challenged the notice issued by the respondent 2, the Tahsildar, copy as at Annexure-E to writ petition, whereby the Tahsildar had directed the petitioner to vacate the very subject land measuring 6 acres in Sy. No. 167 of Agani village. He had further sought for issuance of writ of mandamus directing the respondents to regularise the said extent of land in pursuance of his application dated 18-4-1991, copy as at Annexure-B to writ petition, filed by him.2. I heard the learned Counsel for the petitioner, Sri K.N. Mahabaleshwar Rao. The respondents 1 to 3 are represented by the learned Additional Government Advocate, Sri M.N. Ramanjaneya Gowda.3. The learned Counsel for the petitioner had taken me through the facts of the case and further the grounds made out in the writ petition. It is his case that the petitioner herein being the cultivator of the subject land for thirty years had filed Form No. 50 as contemplated under Rule 108-C of the Land Grant Ru...
Mysore Paper Mills Officer's Association, Bhadravathi And Others Vs. M ...
Court: Karnataka
Decided on: Feb-02-1999
Reported in: 1999(5)KarLJ680
ORDER1. Petitioners 2 and 3 are the officers ot the respondent 1-Paper Mills Limited (A Government of Karnataka Undertaking) (hereinafter called as 'Mills', for short) are before this Court seeking for issuance of a writ of certiorari to quash the memo bearing Reference No. FPA PSR 98 28, dated 17-2-1998 (Annexure-H) and memo bearing No. FPA PSR 98 29, dated 17-2-1998 (Annexure-R), issued by the 3rd respondent and further sought for a writ of mandamus directing the respondents to grant them all the consequential benefits for which they are entitled to consequent upon quashing of the impugned memos urging various legal contentions in these petitions.2. Relevant facts in brief, which are necessary for appreciation of the rival contentions urged by the learned Counsel for the parties are stated as hereunder:It is stated that the second petitioner is the President of the first petitioner's Officers' Association (in short, 'Association'), which is a registered Trade Union under the provisio...
Smt. Rajamma Alias Venkatamma and Others Vs. Bangalore Development Aut ...
Court: Karnataka
Decided on: Feb-01-1999
Reported in: ILR1999KAR959; 2000(1)KarLJ455
ORDER1. A Ring Road aimed at easing the ever increasing vehicular pressure on the existing roads in the Bangalore Metropolitan area although conceived nearly 20 years ago continues to elude the citizens, assurances of the Government and directions of this Court for an early completion of the project notwithstanding. Cumbersome land acquisition proceedings and official apathy towards a time bound completion; have both contributed in equal measure to the delay in the construction of barely 40 kms of road length. 3.6 kilometres out of which lies between the Airport Road and Koramangala. If the version of the respondents were to be believed construction of the road is now complete but for a short stretch of 340 metres, in which the construction work is in progress at present. The completion of the road in that stretch is however hampered because ofthe interim orders issued by this Court in these petitions which have been filed to challenge acquisition proceedings in respect of small bits o...
State Through Mudgal Police, Raichur District Vs. Balappa and Another
Court: Karnataka
Decided on: Feb-01-1999
Reported in: 1999(1)ALD(Cri)767; 1999(3)KarLJ244
Kumar Rajaratnam, J. 1. The State being aggrieved by an order of acquittal recorded by the Trial Court in S.C. No. 25 of 1990 in acquitting A-1 and A-2 for offences punishable under Sections 498-A and 304-B read with Section 34 of the IPC has presented this criminal appeal. 2. The case of the prosecution was that deceased Amarawwa got married to A-2 Shivanand on 10-5-1987. The marriage took place in the house of A-1 Balappa. Deceased Amarawwa was sent to the house of A-2 after the marriage ceremony. A-1 is the father of A-2. A-1 the father and A-2 the husband of the deceased were living together. 3. Prior to the marriage there was an engagement agreement dated 28-4-1986. This engagement agreement was referred to as per custom as a settlement deed. The settlement deed is marked as Ex. P. 1. According to the settlement deed, it was agreed that a sum of Rs. 2,000/-, one tola gold and one wrist watch was to be given to the husband A-2. A-1 the father was to give two sarees, one gold borima...
Manager, Vijaya Bank, Padubidri, Dakshina Kannada Vs. Regional Provide ...
Court: Karnataka
Decided on: Feb-01-1999
Reported in: 1999(5)KarLJ459
ORDER1. The third respondent-Sri Akshaya Cashew Industries (hereinafter referred to as 'the employer') was provided by petitioner Vijaya Bank ('Bank', for short) with credit facility up to a certain limit. Employer also hypothecated the goods, machinery, etc., belonging to it to the Bank. The hypothecated property had been duly insured. Though hypothecated, the hypothecated property as such remained in the premises of the employer's factory. Employer availed of the cash credit facility and became due to the Bank several lakhs of rupees. Employer was also due to the first respondent-Regional Provident Fund Commissioner a sum of Rs. 30,217.75 being the contributions which the employer was liable to pay under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 ('Act', for short).2. In the above background, the property hypothecated by the employer to Bank and that remained in the premises of the factory of the employer was involved in a fire accident on 9-1-1990. The pro...
The Workmen Represented by the Secretary, Mangalore Ganesh Beedi Worke ...
Court: Karnataka
Decided on: Feb-01-1999
Reported in: [2000(85)FLR277]; ILR2000KAR2459; 1999(5)KarLJ418
ORDER1. In all these writ petitions the petitioner is common union. At the instance of this union, six disputes between the management of 2nd respondent and the union had been referred under Section 10(1)(d) of the Industrial Disputes Act (hereinafter referred to as 'the Act') for adjudication. The disputes had been registered in the year 1991. Subsequently, the points of dispute had been altered and substituted by way of corrigendum. All the six disputes had been clubbed together and common evidence was recorded. The evidence of the workmen was over in the year 1993 and the evidence on the side of the management was completed in the year 1994. Thereafter, the union presented its arguments and the matter was posted for the arguments on the side of the management. Thus, the disputes had reached the state of disposal as hearing the arguments on the side of the management alone was pending. At that juncture, the proceedings took a different direction as the rival union, namely Mangalore G...
M/S. Kirloskar Investments and Finance Limited, Bangalore Vs. M/S. Del ...
Court: Karnataka
Decided on: Feb-01-1999
Reported in: ILR1999KAR2429; 1999(5)KarLJ385
ORDER1. Heard the arguments of learned Counsels for both sides.2. This petition is filed against the order dated 7-9-1996 of the Trial Court allowing LA. 8 filed under Order 6, Rule 17 read with Section 151 of the CPC by the respondent-defendant in O.S. No. 966 of 1994 on its file.3. A few material facts leading to this revision may be stated as under:The said O.S. No. 966 of 1994 was instituted by the petitioner-company against respondents (defendants 1, 2 and 3) for recovery of Rs. 10,31,611-31 with interest on the basis of the Hire Purchase Agreement dated 14-11-1992. The material averments made in the plaint are that, 1st respondent is a Private Limited Company. Defendants 2 and 3 are the Directors of respondent 1. On 19-12-1992 defendants entered intothe said Hire Purchase Agreement with the petitioner (hereinafter referred to as 'plaintiff) and purchased certain machineries pertaining to computers relating to their business as detailed in Schedule 1 of the Hire Purchase Agreement...
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