Court : Karnataka
Decided on : Jun-14-1989
Reported in : ILR1989KAR2215; 1989(2)KarLJ172
Hiremath, J. 1. The respondent D.P. Sharma is the owner of a building named 'Sunitha Bhavan' on Tippu Sultan Palace Road, at Bangalore. On 18-11-1982, he leased it out to the appellant Smt. D. Shakuntala for running a hotel-restaurant under a lease deed on a monthly rent, of Rs. 4,500/- for a period of 5 years. The appellant appears to have added some amenities like kitchen on the first-floor and a hotel called 'Hotel Kamadenu' was being run in the said premises by a partnership firm which appears to have later come into existence between the said D. Shakuntala and one A.M. Ahuja. It appears, in 1988 there was no smooth sailing for this hotel. There was labour, unrest and the hotel was being run under loss. The partnership even thought of closing it down. It appears, the employees of the hotel were against the closing down of the establishment and the partnership was not happy with them. A suit for injunction in O.S.No. 572/88 came to be filed before the City Civil Court against the em...
Tag this Judgment!Court : Karnataka
Decided on : Sep-28-1989
Reported in : ILR1990KAR535; 1989(3)KarLJ466
ORDERBalakrishna, J.1. This petition is directed against the proceedings relating to the acquisition of 9746 sq. metres of land in premises Nos. 6 and 7, Cubbon Road, Civil Station, Bangalore.2. The following are the essential facts of the case:Premises Nos. 6 and 7, Cubbon Road, Civil Station, Bangalore, belongs to a Wakf called 'Mohammed Moosa Sait Wakf'. It is stated that most of the beneficiaries of the Wakf are widows and orphans and persons in financial difficulties and who depend on the income of the Wakf. The said premises had been leased to one A.B.V. Gowda who has since deceased survived by his widow Yashoda Gowda, a daughter and a minor son. Permission for the said lease was granted by this Court in C.R.P. No. 713/1974 dated 25-7-1974. 3. The Notice dated 19-1-1987 was issued by respondent No. 1 purported to be under Section 7(1) of the Requisitioning and Acquisition of Immovable Property Act, 1952 (Act 30 of 1952) to the petitioner in respect of 9746 sq. metres of land refe...
Tag this Judgment!Court : Karnataka
Decided on : Apr-06-1989
Reported in : ILR1989KAR1981
ORDERShivashankar Bhat, J. 1. This Revision Petition is by the owner of the premises, arising out of an order rejecting I.A.No.VIII filed by it, in an Execution proceedings initiated by the erstwhile tenant of the premises. For the sake of convenience, the petitioner is referred as 'the landlord' and the respondent, 'the tenant', hereinafter.2. In the year 1984, the landlord sought eviction of the tenant from a premises bearing No. 99 in Chowdeshwari Temple Street, Bangalore, under Section 21(1)(j) of the Karnataka Rent Control Act (for short, 'the Act'). The landlord asserted that the said premises was an old one and the landlord intended to put up a new and modern building of a substantial structure, consisting of 2 to 4 floors etc.3. The parties, at that time settled the matter of eviction amicably; the tenant agreed to vacate the premises within a month and the landlord agreed to vacate the premises within a month and the landlord agreed to put up the new building within six months...
Tag this Judgment!Court : Karnataka
Decided on : Apr-11-1989
Reported in : AIR1990Kant97; 1989(2)KarLJ202
ORDER1. Common prayer in these series is to issue a writ in the nature of mandamus to forbear respondents from interfering with their right to excavate, remove and transport granite found in his/their patta land/s.2. Most of the petitioners are from old State of Mysore and a few from Kollegal, which on re-organization has become part and parcel of Mysore District. They trace their right to excavate granite either to proviso to S. 38 of Mysore Land Revenue Code and notification issued thereunder or the Madras Board Standing Order. In support of their prayer, reliance is placed on catena of decisions of this Court to which a reference would be made a little later.3. Respondents in their statement of objections dispute their right to extract minor minerals except in accordance with the Rules framed under S. 15 of the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as the 'Act') Specific reference is made to Ch. II of the Karnataka Minor Mineral Concessio...
Tag this Judgment!Court : Karnataka
Decided on : Aug-08-1989
Reported in : ILR1989KAR3320; 1989(2)KarLJ456
Hiremath, J 1. The appellant herein is the United Theological College, Bangalore, registered under the Karnataka Societies Registration Act, 1960. It has got its own Memorandum of Association, Rules and Regulations and Bye-laws, copy of which is produced at Exhibit P-1 and relied upon by both sides. The Constitution of the Society states that it shall be administered by a Council which is referred to in the suit as a 'Governing Council'. The Council shall meet as provided under the Memorandum of Association ('Memorandum' for short hereafter) under Clause 8, at such times and places as they shall from time to time appoint, and may make such rules and regulations as they think proper relating to the summoning and holding of meetings and for the transaction of business thereat, and they may adjourn such meetings, and from time to time fix the quorum necessary for the transaction of business, but until they shall otherwise determine seven members of the Council shall form a quorum. The Sec...
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