Karnataka Court January 2003 Judgments
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Dr. K. Krishnamurthy and ors. Vs. State of Karnataka, by Its Secretary ...
Court: Karnataka
Decided on: Jan-10-2003
Reported in: ILR2003KAR2177
ORDERGopala Gowda, J.1. The petitioners who are retired employees of second respondent University are before this Court seeking for issuance of a writ of mandamus directing the 1st respondent to revise their pension on the basis of the scale of pay drawn by them at the age of 58 years by giving effect to Government Order dated 17.9.1984 bearing No. DPAR 18 SDE 84 vide Annexure -D, urging various legal contentions.2. The petitioners 1 to 5 joined the first respondent-Department on 22.9.1954, 16.3.1955, 16.3.1955, 1.4.1954 and 1.4.1954 respectively in the Government Department of Agriculture, Horticulture, Animal Husbandry and Veterinary Services and retired from their respective services, on attaining the age of superannuation on 22.2.1992, 31.10.1988, 31.8.1988, 30.4.1988 and on 29.2.1988 respectively.3. The University of Agricultural Sciences, Bangalore (in short 'the UAS') was formed on 1.10.1965 under the University of Agricultural Sciences Act, 1963 (in short 'the UAS Act'). One Ve...
Giriyappa Poojary (Deceased) by L.Rs Vs. Kanthappa Poojari (Deceased) ...
Court: Karnataka
Decided on: Jan-10-2003
Reported in: 2003(4)KarLJ391
ORDERV. Gopala Gowda, J.1. This revision petition is directed against the order dated 20-9-1988 passed by the Land Reforms Appellate Authority dismissing the appeal filed by the petitioner and confirming the order of the Land Tribunal, dated 11-3-1981 by which occupancy rights had been conferred jointly upon the petitioner and the deceased first respondent.2. The main grievance of the petitioner is that the tenancy right exclusively belongs to him and he alone should have been registered as occupant of the land. It is the case of the petitioner that the R.T.Cs, rent receipts, levy receipts and assessment receipts are all in his name. It is further claimed that the first respondent left the property and the petitioner alone was cultivating the land by paying the rent and he was the tenant in his individual capacity. Hence, the conferment of occupancy rights upon the first respondent is bad in law.3. It is not in dispute that the petitioner and first respondent were joint claimants befor...
S.N. Prakash Vs. Raju Shankaralal Goel and anr.
Court: Karnataka
Decided on: Jan-09-2003
Reported in: 2003(2)KarLJ347
S.N. Prakash, J.1. Heard the learned Counsels on both sides. We have re-examined the record in the light of the submissions canvassed by the learned Counsels who represent the parties. As far as the Heads 1, 2 and 4 are concerned, despite a lot of persuasion from the appellant's learned Counsel we are not inclined to revise these heads because we uphold the submission canvassed by the respondent's learned Counsel that on the facts and circumstances on record and the material on record the Tribunal has been not only fair but liberal to the appellant under Heads 1, 2 and 4. As far as Head 3 is concerned, the only aspect that impressed us is the fact that the injury to the limb viz., the leg was relatively serious and the medical evidence very clearly establishes that there was a disability to the extent of 38% to the limb which is considerable. We do concede that the respondent's learned Counsel was quick to point out to us that this has not in any way endangered the job of the appellant...
Twentieth Century Fox Film Corporation and anr. Vs. Nri Film Productio ...
Court: Karnataka
Decided on: Jan-09-2003
Reported in: AIR2003Kant148; 2003(5)KarLJ98
ORDERR. Gururajan, J.1. These two petitions involve a techno-legal questions resulting in the growth of technically speedy procedure. CRP 4636/2002 is filed by the defendants 1 and 2 challenging the order dated 28-11-2002 passed on IA No. 17.CRP 4637/2002 is filed by the same defendants challenging the order dated 28-11 -2002 passed in IA No. 5 in OS No. 154/98.2. Facts in brief are as under:Parties would be referred to as per their ranking before the trial Court. Appellants are defendants. Respondent is the plaintiff. Plaintiff filed a suit in O.S. No. 154/98 on the file of the Principal District Judge. Mysore, complaining about the infringement of copy right in respect of film 'Independence Day'. Plaintiff also sought for an order restraining the release of the said film by the defendant. An IA was filed seeking for an order to restrain the defendants from re-releasing, screening of the film any where in India or in other countries. The said IA was rejected. It was challenged in MFA ...
P. Mohan Vs. Basavaraju
Court: Karnataka
Decided on: Jan-09-2003
Reported in: AIR2003Kant213; II(2003)BC237; 2003(3)KarLJ138
K. Sreedhar Rao, J.1. This is defendant's appeal against the judgment and decree passed in O.S. No. 7338 of 1994 on the file of XXX Additional City Civil Judge, Bangalore.2. The appeal although is at admission stage at the request of parties, taken up for final hearing. The necessary certified copy of depositions and documents are furnished by the plaintiff and the defendant for the benefit of perusal.3. The respondent in appeal as a plaintiff filed the suit for recovery of a sum of Rs. 1,73,275/- with costs and interest. It is the case of the plaintiff that during the period 1-8-1990 to 5-3-1991 a sum of Rs. 1,19,500/- was paid. On several occasions it was paid by cash and one occasion by cheque for a sum of Rs. 40,000/- towards hand loan. When the hand loans were given there was no liability on the part of the defendant-appellant to pay interest. On 15-12-1991 it is said that the appellant acknowledged the liability in a sum of Rs. 1,19,500/- marked at Ex. P. 1 and also issued three ...
ind Telesoft Private Limited Vs. Jawad Ayaz and ors.
Court: Karnataka
Decided on: Jan-09-2003
Reported in: [2003]117CompCas738(Kar); 2003(3)KarLJ295
ORDERN. Kumar, J.1. The applicant-company filed Company Petition No. 72 of 2001 before this Court under Sections 391 and 394 of the Companies Act, 1956, seeking for sanction of a scheme of arrangement of the company with its shareholders. This Court, by an order dated 12-4-2001 in C.A. No. 199 of 2001, dispensed with the requirement of the advertisement in holding of meeting of shareholders. Thereafter, by an order dated 13-7-2001, the scheme of arrangement was sanctioned and a decree was drawn up in accordance with the said order as per Annexure-A. The relevant portion of that scheme of arrangement which was sanctioned by this Court was38,73,342 shares of face value of US $ 0.001 each held by the applicant-company in M/s. Zhone Technologies Inc., as on February 20, 2001, was permitted to be transferred in the name of principal shareholders of the applicant-company. This arrangement was based upon the premise that shares would be freely transferable consequent upon the public offering,...
Bharamavva and ors. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Jan-09-2003
Reported in: 2003(5)KarLJ120
ORDERN.K. Patil, J.1. The petitioners assailing the legality and validity of the impugned order dated 27-4-1977 passed by the 2nd respondent-Land Tribunal (Annexure-C) insofar as grant of occupancy rights in respect of the land in Sy. No. 153/1-A of Billahalli Village in favour of Sri Basappa Angadi, father of the respondents 3 and 4 have filed this writ petition.2. The case of the petitioners is that they are the owners of land bearing R.S. No. 153/1-A measuring an extent of 1 acre 28 guntas including 2 guntas of Kharab land situated at Billahalli Village, Kuppavara Hobli, Ranebennur Taluk. The father of respondents 3 arid 4, one Sri Basappa Angadi has filed Form 7 for grant of occupancy rights in respect of the land in question, which had come up for consideration before the Land Tribunal on 27-4-1977. The Land Tribunal, after hearing, recording the evidence of late Basappa Angadi and considering the material available on record granted the occupancy rights in favour one Basappa Anga...
Lawrence D'Souza Vs. Kariya Moolya and Ors.
Court: Karnataka
Decided on: Jan-09-2003
Reported in: 2003(6)KarLJ249
ORDERN.K. Patil, J. 1. The petitioner assailing the correctness of the impugned order dated 19-8-1980 in No. LRY/111/97/TRI/50/80-81 (Annexure-C) passed by the Land Tribunal, Udupi has filed this writ petition.2. The case of the petitioner is that, father of the petitioner and the father of the 2nd respondent are brothers and the 1st respondent is claiming the occupancy rights as tenant in respect of the land belonging to the petitioner in Sy. Nos. 241/2, 302/1, 303/2A and 308/2B measuring 2 acres 6 guntas, 2 acres, 1.46 acres, 0.72 cents. This writ petition is confined to the above survey numbers only and not in respect of other survey numbers where the occupancy rights are granted by the Land Tribunal, as these properties have fallen to the share of the petitioner's father by virtue of a Will dated 8-5-1958. The 1st respondent has not shown the owner of the property in respect of these survey numbers and the Land Tribunal has not issued any notice and it has proceeded to dispose of t...
Ravi Kumar Vs. Indian Textiles Cooperative Ltd. and anr.
Court: Karnataka
Decided on: Jan-09-2003
Reported in: I(2006)ACC184
M.F. Saldanha, J.1. We have heard the appellant's learned Advocate and respondents' learned Advocate.2. Through this appeal the appellant, who was 19 years of age and a tailor at that time and who was involved in the accident which took place at 5 p.m. on 16.9.1990 on National Highway No. 4, was injured and sustained injuries to his right hand, the main one being a crush injury. He was in hospital for 8 days. His own evidence is to the effect that he was unable to do his work for nearly 2 months. The medical certificate is produced, but, unfortunately, even elementary evidence with regard to the exact nature of handicap, if any, and the report of disability, if any, have not been established.3. Times without number, this Court has expressed its most serious disapproval with regard to the manner in which these proceedings are conducted before the Tribunal. It is not only the cavalier approach but a down right unprofessional approach and considering the fact that the persons involved are...
Mahadev Jyoti Umrani Vs. Smt. Sumitra
Court: Karnataka
Decided on: Jan-08-2003
Reported in: 2003(2)KarLJ139
S.B. Majage, J. 1. In this appeal, a short but an important question namely, to which Court appeal lies against an order passed under Section 13 of the Hindu Marriage Act, arises for consideration.2. The facts, giving rise to the said point, are: The appellant herein presented a petition under Section 13(1), (1-a) and (1-b) of the Hindu Marriage Act (hereinafter referred as 'Act') seeking a decree of divorce in the Court; of Civil Judge (Senior Division) at Chikkodi in M.C. No. 61 of 1993, but the same came to be dismissed on 31-7-2000, Aggrieved by it, he filed appeal bearing M.A. No. . . . . of 2000 before the Court of Principal District Judge at Belgaum, who, by his order dated 11-1-2001 held that said appeal is not maintainable before that Court and accordingly, returned the appeal papers for presentation before proper Court. Hence, the appellant approached this Court by filing present appeal, 3. The respondent, though served with notice of the appeal, has chosen to remain absent a...
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