Karnataka Court February 2003 Judgments
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Corporation of City of Mangalore Vs. Sapthagiri Hotels (Private) Limit ...
Court: Karnataka
Decided on: Feb-17-2003
Reported in: 2003(4)KarLJ393
ORDERN.S. Veerabhadraiah, J.1. This revision is by the Corporation of the City of Mangalore questioning the order of the learned District Judge, Mangalore in M.A. No. 17 of 1994, dated 30-6-2000 allowing the appeal by setting aside the order of the Divisional Commissioner, Mysore, dated 17-3-1994 in Ref. M.A. No. 2 of 1993-94 restoring the assessment order of the Taxation Appeal Committee.2. The brief facts of the case are as follows:Sapthagiri Hotels (Private) Limited, are the owners of three premises bearing Nos. 3-3-19, 3-3-43 and 3-3-44 situated at Kavoor, Mangalore, in which the petitioners were carrying on their business of non-vegetarian restaurant, lodging as well as running a conference hall. The premises in question was originally coming within the Village Panchayat limits of Kunjathbail and assessed for property tax. According to the Village Panchayat Act and Regulations, the area in which the premises were located was transferred to the limits of the Corporation area. There...
New India Assurance Company Vs. Smt. Kusum and ors.
Court: Karnataka
Decided on: Feb-17-2003
Reported in: 2003ACJ1992; 2003(4)KarLJ545
A.V. Srinivasa Reddy, J.1. The present appeal by the insurance company arises from an order dated 10th February, 1998 of the Motor Accidents Claims Tribunal, Bijapur in M.V.C. No. 266 of 1996 allowing the petition filed before it and granting a compensation of Rs. 1,19,500/- and foisting the liability of paying the compensation on the insurance company. Aggrieved, the insurance company has preferred this appeal claiming that it is not liable to pay the compensation.2. The claim petition was laid before the Tribunal by the legal representatives of the deceased claiming compensation, of Rs. 4,30,000/- for the death of Balakrishna in an accident which occurred on 7-3-1996 at about 4 p.m. in the jeep in which the deceased was travelling. It was claimed by the petitioners that the jeep was being driven in a rash and negligent manner as a result of which the jeep skidded off the road and turned turtle. In the resultant impact two of the travellers inside the jeep died on the spot and two oth...
Chandramma and anr. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Feb-14-2003
Reported in: ILR2002KAR5182; 2003(2)KarLJ490
1. These appeals are directed against the order dated 2-7-2002 passed by the learned Single Judge in Chandramma and Anr. v. State of Karnataka and Ors., 2003(2) Kar. L.J. 600Some other appeals have also been filed against the order of the learned Single Judge passed in the said writ petition. These appeals involve common questions of law and fact. As agreed, they are taken up together and disposed of by this common order.2. The controversy in the present appeals is that the Bangalore Development Authority (for short 'the BDA') had prepared various schemes for the purpose of development and formation of several layouts, namely, Nagadevanahalli Layout, Valagerahally Layout, Gnana Bharathi Layout and Sri Venkateshwara Layout and issued notifications to acquire the said lands. For the purpose of convenience, the necessary facts in W.A. Nos. 4681 and 4682 of 2002, filed against the main order passed in W.P. Nos. 1179 and 1180 of 2000 are narrated. It is alleged that the first appellant is t...
Smt. H.P. Jalajakshi Vs. Karnataka Bank Limited and anr.
Court: Karnataka
Decided on: Feb-14-2003
Reported in: AIR2003Kant280; II(2003)BC289; ILR2004KAR96; 2003(3)KarLJ27
ORDERM.F. Saldanha, J.1. I have heard the learned Advocates on both sides. The learned Counsel who represents the Bank is right when he points out that in law, the institution does have the legal right to recover the decretal amount not only from the principal debtor but, to an equal extent from the surety. The only submission that is tenable on behalf of the petitioner who is the applicant before me is that where the amount is irrecoverable from the principal debtor or where the mode of recovery is so very weak, or so abnormally long winded, that a Court would consider it almost on par with irrecoverability, that the Bank could then seek to recover the amount from the surety. What is also pointed out to me on behalf of the applicant who is a School Teacher is that if the corresponding recovery is simultaneously made from her salary, that there is no conceivable means whereby she would be able to get that amount reimbursed by that principal debtor without filing a suit and if this is t...
Venugopala and ors. Vs. Vasantha @ Subha Rao
Court: Karnataka
Decided on: Feb-14-2003
Reported in: AIR2003Kant279; 2003(5)KarLJ268
D.V. Shylendra Kumar, J.1. This second appeal is by the defendants in O. S. 45 /1992 who suffered a decree in that suit which was filed by the plaintiff praying for compensation though termed as manse profit for being in enjoyment of the suit schedule property. The trial Court had decreed the suit for a sum of Rs. 29,800/,- for the year 1990, 1991, and 1992 ending with March with future interest thereon @ 10% per annum. Aggrieved the defendants had filed regular appeal R. A. 22/1995 before the I Addl. District Judge, D. K. Mangalore but without success. Thereafter the present second appeal is filed under Section 100 C. P. C. 2. The defendants in the suit who are appellants before this court had suffered a decree for yielding possession of the suit properties in O. S. 236/1978 on the file of the Principal Munsiff, Puttur for possession of suit 'A' schedule property. Though the suit was dismissed by the trial court it was decreed in appeal preferred by the defendant in the present suit t...
Dr. Praveen Bai Thogadia Vs. State of Karnataka and anr.
Court: Karnataka
Decided on: Feb-14-2003
Reported in: 2003CriLJ4502; 2003(6)KarLJ48
ORDERK. Sreedhar Rao, J.1. The petitioner has challenged the impugned order passed by the District Magistrate, Belgaum, debarring him for a period of 15 days from 6 a.m. on 12-2-2003 to 6 a.m. on 26-2-2003. The petitioner is invited to attend a function held under the name 'Virat Hindu Mela' organised by the Vishwa Hindu Parishad and the Bajarang Dal, on 16-2-2003 at 4.30 p.m. in Belgaum. The District Magistrate, Belgaum, taking cognizance of the visit of the petitioner has passed the impugned order debarring his entry.2. Sri V.Y. Kumar, for the State has produced the report ,of Superintendent of Police and referred to impugned order at Annexure-A, showing the number of criminal cases of communal violence registered in Belgaum. It is said that on the occasion of 'Ganesh Festival' on 10-9-2002, there was a desecration of temple and mosque, resulting in communal violence. In para 4 of the impugned order, the District Magistrate precisely states that about 19 criminal cases have been regi...
In Re: Kirloskar Electric Co. Ltd.
Court: Karnataka
Decided on: Feb-13-2003
Reported in: [2003]116CompCas413(Kar); (2003)4CompLJ13(Karn); [2003]43SCL186(Kar)
ORDERN. Kumar, J.1. Company Petition No. 97/2002 is filed by Kirloskar Electric Company Ltd. to obtain sanction of this Court to the scheme of arrangement whereby the Company may be restructured by addressing its weaknesses and by leveraging the internal assets of the Company, to reduce outside liabilities on manufacturing operations, rationalise the debt burden on manufacturing units to long term sustaining level, rationalise the work force and bring the employee cost in line with the industry norms, restore bank ability of business units and achieve long term viability under given economic and industry scenario.2. Under the scheme of arrangement, the petitioner-Company, namely, Kirloskar Electric Company Limited, would be the transferor Company and the Kaytee Switchgear Pvt. Ltd. and Best Trading and Agencies Limited, are the transferee companies. For the purpose of brevity, Kirloskar Electric Company Limited is referred to as the 'Company' or (KECL) in this order.3. The petitioner-C...
Dr. Praveen Bhai Thogadia Vs. State of Karnataka and anr.
Court: Karnataka
Decided on: Feb-13-2003
Reported in: 2003CriLJ1769; ILR2003KAR3175; 2003(3)KarLJ435
ORDERK. Sreedhar Rao, J.1. The order of Additional District Magistrate, Dakshina Kannada District passed in No. MAG (2) CR 352/2002-03, dated 7-2-2003 is in challenge in these proceedings. Under the order, the petitioner is debarred from entering the district of Dakshina Kannada from 6 a.m. on 10-2-2003 till 6 a.m. 25-2-2003 for a period of 15 days. A mammoth function under name 'Bhruhat Hindu Samajotsav' is organised by the organisers belonging to Hindu community at Mangalore on 13-2-2003. Several religious Heads of the Mutt and leaders of the other Hindu organisations including this petitioner are shown as the participants in the meet. On 7-2-2003 a permission for holding the meet is obtained by the organisers from the District Magistrate, Mangalore. So also necessary permission from the Police and Corporation was obtained. The function is scheduled in the Nehru Maidan at Mangalore on 13-2-2003. 2. The impugned order passed by the Additional District Magistrate coincides with the per...
The Town Municipal Council Vs. M. Nagaraju and ors.
Court: Karnataka
Decided on: Feb-13-2003
Reported in: 2003(4)KarLJ199
S.R. Nayak, J.1. The Town Municipal Council (for short, the 'Council'), Kunigal, feeling aggrieved by the order of learned Single Judge dated 24-8-1998 in W.P. Nos. 11535 to 11545 of 1996 connected with W.P. Nos. 19785 to 19795 of 1996 have preferred these writ appeals.2. The writ petitions were filed by the contesting respondents herein calling in question the validity of order of the Government No. HUD 281 KHB 90, dated 29-3-1996. By the said order, the Government has held that 20 subject houses are owned by the appellant-Council. While holding so, the Government permitted the Karnataka Housing Board (for short, the 'Board') to initiate appropriate action in terms of lease-cum-sale agreement dated 6-9-1971.3. The background facts leading to the filing of the above writ petitions be noted briefly as under:The Union of India had framed a scheme for construction of houses for industrial workers and persons belonging to weaker sections of the society during 1970's and in pursuance of the...
Babu Gowda and ors. Vs. H. Ishwarappayya and ors.
Court: Karnataka
Decided on: Feb-13-2003
Reported in: AIR2004Kant89; 2004(2)KarLJ189
M. F. Saldanha, J. 1. We have heard the learned Advocates for the contesting parties as also the learned GA on merits. The appellants' learned advocate has seriously assailed the ground on which the learned single Judge has interfered with the order passed by the Tribunal and she points out that while it was quite true that a statement was made in the Form No. VII itself that the land owner was a lunatic, but this was no ground on which the documents which bear the signature of his wife who was a perfectly healthy person, would be discredited Mr. Sripathy, who represents the respondents submits that where there is an unequivocal admission that the land owner was a lunatic that no Court or Tribunal should have taken cognizance of any documents attributed to that person and that consequently the learned single Judge has held that once the document gets vitiated on this ground that the order Itself would have to go. In this regard what we need to take cognizance of is that this is not a c...
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