Karnataka Court September 2006 Judgments
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Electrex (India) Limited, Represented by Its Executive Director, Sri A ...
Court: Karnataka
Decided on: Sep-22-2006
Reported in: [2007]135CompCas157(Kar); 2007(1)AIRKarR632; AIR2007NOC426(DB).
1. This appeal is by M/s Electrex (India) Limited aggrieved by a common order dated 31.7.2000 passed in C.A.Nos. 1-202/58(9)/SRB/2000/SRB/98 on the file of the Company Law Board, Southern Region Bench, Chennai.2. The appellant is a Company registered under the provisions of the Companies Act, 1956. Its office is at Peenya Industrial, Bangalore. Respondents are depositors having made 1-3 year deposits with the Appellant Company to more than 26 lakhs. The said deposits have been received by the Appellant Company as borrowings utilised towards the working capital requirements of the appellant. Due to foreign competition and demand recession, the appellant became sick and was forced to make a reference to the Board of Industrial and Financial Reconstruction (for short, 'BIFR') under Section 15 of the Sick Industrial Undertakings (Special Provisions) Act, 1985 ('the Act' for short) during January 2000. BIFR registered the said reference as Case No. 49/2000. Enquiry was ordered in the matter...
R. Krishnamurthy S/O Rangappa, Vs. State of Karnataka Rep. by Its Secr ...
Court: Karnataka
Decided on: Sep-22-2006
Reported in: 2007(1)KarLJ255
ORDERB.S. Patil, J.1. The prayer Made by the petitioner is to quash the notice dated 15.9.2006 issued by the Tahsildar/the prescribed Election Officer for elections to the post of Adhyaksha. By the impugned notice, the Election Officer has issued calendar of events for conducting elections to the post of Adhyaksha of the Town Municipal Council, Kadur. A declaration is also sought by the petitioner that the provisions contained in Section 42 of the Karnataka Municipalities Act, 1964 enabling the Election Officer to fill up the post of President and Vicepresident as and when it becomes vacant as unreasonable and opposed to the object and intendment of the Act.2. Petitioners are the Councilors elected, to the Kadur Municipality. Their grievance is that for the post of President, elections are held frequently and different Presidents are elected during the last thirty months at the whims and fancies of the Councilors which is not in the interest of the efficient administration of the affai...
State of Karnataka Vs. Vithal Laxman Chalawadi and ors.
Court: Karnataka
Decided on: Sep-22-2006
Reported in: 2007(1)AIRKarR65; 2007CriLJNOC129(DB).
1. Six persons were tried for the offences punishable under Sections 143, 324 read with Section 149 and 302 read with Section 149 of IPC and the learned Sessions Judge, Bijapur, acquitted four of them and convicted two accused persons for the offence punishable under Section 324 of I.P.C. The State aggrieved by the said order of acquittal of four accused and conviction of two persons for lesser offence under Section 324 of IPC has preferred these two appeals, and hence these two appeals are disposed of by this common judgment.2. The case of the prosecution in brief is as under:Complainant Guralingappa, (PW-1) was residing in Ambedakar Galli of Bagalkot along with his mother (PW-6), deceased elder brother Ramesh, sister Kummakka and sister-in-law Suvarna (PW-9) and about four years prior to the complaint it was decided to take one Padavva the sister of accused Nos. 1 to 4, in marriage to deceased Ramesh. After the engagement was over Rs. 30,000/- was given to the accused family as they ...
T.G. Chandrashekharappa S/O T. Siddappa Vs. the State of Karnataka, Re ...
Court: Karnataka
Decided on: Sep-20-2006
Reported in: 2007(1)KarLJ38
D.V. Shylendra Kumar, J.1. This Writ Appeal is directed against the order of the learned Single Judge dated 24-3-2005 dismissing Writ Petition No. 14355 of 2003, filed by the appellant.2. A learned Single Judge of this Court in terms of the impugned order declined to interfere with the order of the second respondent - Kuvempu University, issued on 13-2-2003 (copy at Annexure-F to the writ petition], appointing the third respondent as Lecturer in the department of history at the Sahyadri Arts and Commerce College, Shimoga, against the vacancy which had been notified inviting applications in terms of the notification dated 18-10-2002 ((copy at Annexure-C to the writ petition] issued by the university.3. It is aggrieved by this order of dismissal of the writ petition, the present writ appeal, urging that the writ petition should have been accepted by this Court; that the learned Single Judge is not right in dismissing the writ petition; that the university has not made proper selection to...
Sri K. Ramegowda, S/O Kempanna Vs. the State of Karnataka by Its Secre ...
Court: Karnataka
Decided on: Sep-19-2006
Reported in: ILR2006KAR4091; 2007(1)KarLJ136
ORDERRam Mohan Reddy, J.1. The order dated 18.1.2005 of the officer authorised granting 28 guntas of agricultural lands in Sy.No. 123/1 of Thernahalli, by allowing the petitioner's application in form No. 7, under Section 77A of The Karnataka Land Reforms Act, 1961, for short Act, when called in question in Appeal No. 482 and 483/05, by the land owners before the Karnataka Appellate Tribunal, for short KAT, was set aside by order dated 15.3.2006. Annexure 'A'. Hence this writ petition.FACTS IN BRIEF:2. The petitioner though claimed to be the lawful tenant in possession and cultivation of the land in question under the land owner ever since the year 1970, supported by the entries in the RTC Phanis (Revenue Records), did not file application in form No. 7, under Section 48A(1) of the Act, for being registered as an occupant of the said land within the time prescribed by Statute, on account of a good understanding between himself and the land owner. On the incorporation of Section 77A int...
Damayanthi Vs. the Deputy Commissioner and anr.
Court: Karnataka
Decided on: Sep-19-2006
Reported in: 2007(1)KarLJ493; 2006(6)AIRKarR554
ORDERV.G. Sabhahit, J.1. This Matter is taken up for final hearing with the consent of the learned Counsel appearing for the parties.2. This Writ Petition is filed being aggrieved by the order passed by the Deputy Commissioner, Mangalore, Dakshina Kannada District, in Case No. CDS:RAP:20/2002-03 dated 25.11.2003., allowing the revision and remitting the matter to the Assistant Commissioner, Puttur.3. It is the contention of the petitioner that the Deputy Commissioner having remitted the matter to the Assistant Commissioner was not justified in making certain observations on the merits of the case, which would prejudicially affect the rights of the petitioner.4. I have heard the learned Counsel appearing for the petitioner and the learned High Court Government Pleader appearing for respondent No. 1 and the learned Counsel appearing for respondent No. 2.5. Learned Counsel appearing for the petitioner submitted that the only apprehension of the petitioner is that the observation made in t...
United India Insurance Co. Ltd. Vs. Bhagyalakshmi and ors.
Court: Karnataka
Decided on: Sep-19-2006
Reported in: 2007ACJ1676
B. Padmaraj, J.1. Although the appeal preferred by the insurance company in M.F.A. No. 11996 of 2005 and the cross-objections preferred by the claimants in M.F.A. CROB No. 180 of 2006 were listed for orders by consent of both sides, they were taken up together for final disposal and they are accordingly disposed of by this common judgment.2. Briefly stated the facts are as follows:On 5.10.1996, the deceased Lingappa along with one Papanna was travelling in a private car owned by Narayanajoshi and insured with United India Insurance Co. Ltd. The said car was being driven by one Suresh Babu, when it met with accident on 5.10.1996 around 11.30 in the night on the B.H. Road near Harenahalli Gate. Accident was the result of actionable negligence on the part of the driver of the car when it collided with or dashed against a stationary lorry. As a result of this accident, deceased Lingappa who was one of the occupants of the car sustained certain serious injuries to his person and died on the...
Sri. Arokya Das S/O Chinnasuri and Smt. D. Joyce Inbarani W/O S. Ravin ...
Court: Karnataka
Decided on: Sep-18-2006
Reported in: ILR2006KAR4112; 2006(6)KarLJ629
ORDERB.S. Patil, J.1. The Order dated 21.07.2006 passed by the State Government dissolving the 3rd respondent City Municipal Council, K.G.F., Kolar, in exercise of the powers conferred Under Section 316 of the Karnataka Municipalities Act, 1964 (for short 'the Act') is challenged in both these writ petitions.2. As the facts and circumstances of both these petitions are common, they care clubbed together, heard and disposed of by this common order. However, for the sake of convenience, the facts in W.P. No. 10159/2006 are referred to.3. The petitioners' were elected as Councillors to the 3rd respondent Municipal Council, in the elections held during March 2001. The 2nd petitioner was elected as the President of the Municipal Council. The first meeting of the Council was held on 29.12.2001 and its term was to end in December 2006.4. On a complaint filed by the 4 th respondent who is a sitting MLA of the locality, the Government got conducted an investigation through the Deputy Commission...
Prakash Conductors Rep. by Its Proprietor, Indian Alumium Rolling Mill ...
Court: Karnataka
Decided on: Sep-18-2006
Reported in: 2007(1)KarLJ95
ORDERN.K. Patil, J.1. The petitioners in this petition are firms represented by their Proprietor and Manager respectively. In the instant case, they have assailed the correctness of the order dated 31st August 1996 passed by the Chief Engineer, Elec.(General) and the appellate authority of the Karnataka Electricity Board, Cauvery Bhavan, Bangalore, in so far as it relates to confirming the back-billing charges of Rs. 1,77,448/- vide Annexure C. Further, petitioners have sought for a direction to consider the representation dated 20th June 2006 bearing No. PC/2006/11 vide Annexure N and dispose of the same at an early date. Petitioners have further sought for a direction to respondents to give new power connection to the premises bearing No. A-7 and A-8, I Stage, I Phase, Peenya Industrial Area, Bangalore. 58 as requested by second petitioner vide application dated 10th November 2005 vide Annexure L.2. The brief facts of the case are that, the first petitioner has availed the facility o...
Reserve Bank of India, Department of Non-banking Supervision Vs. Shett ...
Court: Karnataka
Decided on: Sep-18-2006
Reported in: [2007]136CompCas782(Kar); [2007]74SCL51(Kar)
ORDERH.V.G. Ramesh, J.1. These set of revisions are being taken together for disposal since parties are common in all these petitioners.2. These are complainant's revisions being aggrieved by the order passed by the learned Magistrate in discharging accused 3 and 4. Petitioner being the Reserve Bank of India through the Department of Non-Banking Supervision got filed a complaint against respondents 1 to 4. The 1st respondent is the company by name Shetty Leasing India Ltd and 2nd respondent is its Managing Director. The 3rd and 4th respondents are said to be the Directors of the said company registered under the Companies Act The petitioner -- Reserve Bank of India is the regulatory authority for non-banking financial companies. As a regulatory authority, it has got powers under Chapter III B of the Reserve Bank of India Act, 1934 including issue of Certificate of Registration to non-banking institutions, prescribing norms, issuing instructions, prohibiting non-banking companies from a...
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