Court : Karnataka
Decided on : Mar-31-1989
Reported in : ILR1989KAR1701; 1989(2)KarLJ548
..... was still on the scene then and is very much on the scene even now.33. added to all this there was an incident at which a catche of explosives stored in the mutt had been set fire to, causing extensive damage to the properties of the mutt and injuries to the inmates as well. the hand of the ..... the materials placed before it.held that the contention that the appellate court had full power to consider the appeal on merits in view of the provision of section 104 read with section 107 of the code of civil procedure could not be accepted as correct in appeals arising out of interlocutory orders which are discretionary in nature.' mr. ..... two notices elicited a reply more marked for its impudence than offering any logical explanation but the other having remained quiescent without any reply, the senior had therefore to act and eject the junior from office. basing themselves on these divergent stands both sides argued their respective cases which probably to them was of some importance or may .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-18-1989
Reported in : ILR1989KAR1239; (1989)IILLJ192Kant
ORDER1. In view of the fact that these petitions can be disposed of on a short point the same are taken up for final hearing. 2. In these petitions under Article 226 of the Constitution the petitioners have sought for issuing a Writ of Mandamus directing the respondents to consider the case of the petitioners for promotion to the post of I Grade Revenue Inspectors in accordance with law and if found eligible to promote them from the date of placing them in additional charge and give all consequential benefits from 6th March 1980 and 19th March 1980 respectively. 3. It is not in dispute that in accordance with the Cadre and Recruitment Rules of Bangalore City Corporation of the year 1971, a post of I Grade Revenue Inspector has to be filled up by promotion from the cadre of II Grade Revenue Inspectors. The petitioners in W.Ps. 12393 to 12397 and 12400 were placed in additional charge of the post of I Grade Revenue Inspectors on 6th March 1980 as per Annexure-A. The petitioners in W.Ps. ...
Tag this Judgment!Court : Karnataka
Decided on : Jul-17-1989
Reported in : 1990ACJ81; 1989(2)KarLJ255
..... default to undergo r.i. for one month. further the petitioner was sentenced to pay a fine of rs. 50/- for the offence punishable under section 89-b of the motor vehicles act.3. being aggrieved by the judgment and order of conviction and sentence, the accused filed criminal appeal no. 36 of 1985 in the court of the ..... lastly, he passed an order convicting the accused for an offence punishable under sections 279 and 338, indian penal code and section 89-b of the motor vehicles act, and sentenced him to undergo r.i. for a period of six months and pay a fine of rs. 250/- for the ..... he failed to inform the accident to the nearest police station. therefore, there was a charge-sheet for the offence punishable under sections 279 and 338, indian penal code read with section 89-b of motor vehicles act. the learned magistrate after recording the evidence of the prosecution witnesses, appreciated the evidence of both the sides and heard the arguments. .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-05-1989
Reported in : (1990)ILLJ266Kant
..... , should be held to have been refused, on the ground that it is not expressly granted, therefore it must be deemed to have been refused and therefore the provisions of section 11 of the civil procedure code are attracted. 14. no doubt, the rule of res judicata affects the jurisdiction of a court. but, while applying the rule of res judicata, the court ..... jurisdiction. there appears to be force in this contention. it must be remembered that in the exercise of its certiorari jurisdiction under article 226 of the constitution, the high court acts only in a supervisory capacity and not as an appellate tribunal. it does not review the evidence upon which the inferior tribunal purported to base its conclusion; it simply demolishes .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-17-1989
Reported in : ILR1990KAR489; 1989(2)KarLJ515
..... (2) of rule 5 are substantially the same as the provisions of order 41 rule 17 cpc prior to the introduction of explanation by virtue of the amendment in amendment act 104/1976. the decision relied upon by the learned counsel appearing for the respondent refers to order 41 rule 17 cpc.8. on the other hand the learned counsel appearing ..... of the appeal on merits, then a similar latitude will have to be conceded under sub-rule (3) of rule 5, logically it would follow that the deputy commissioner while acting under sub-rule (3) of rule 5 has not only the discretion to hear the appeal on merits ex prate but also allow the appeal without going into merits of .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-21-1989
Reported in : ILR1990KAR1293
..... to be necessary.5. therefore, what remains to be considered is whether a district judge or the high court while exercising powers under section 24 of the c.p.c. should take note of the date on which the two suits were filed and thereby form an opinion ..... in respect of a portion of the suit schedule property in the other suit. it was thereafter that channabasappa filed a petition under section 24 of the c.p.c. seeking transfer of the suit pending in the munsiff's court to be tried by the civil ..... 743 of 1988 (supra). therefore, a superior court is presumed to have jurisdiction to try a suit even though the karnataka civil courts act may provide different jurisdiction based on pecuniary value of the claim on a lower grade court. if the munsiff cannot try the suit at shikaripur ..... the court to which the suit is transferred must be competent to try it. in the scheme of karnataka civil courts act, the court of the munsiff is the court of lowest grade and that of the civil judge is of superior grade .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-01-1989
Reported in : ILR1989KAR3395; 1989(2)KarLJ369
K.A. Swami, J 1. At the stage of admission, the respondents are served. They have put in appearance through a Counsel. The records of the Courts below are also received. The appeal involves a short substantial question of law. Therefore, it is admitted and it is heard for final disposal.2. The substantial question of law that arises for consideration is as to 'whether the lower appellate Court, in the absence of the Counsel for the appellants and in the presence of one of the appellants, could have decided the appeal on merits.'3. The records reveal that on 26-7-1988, the appeal was posted for hearing. On that day, a representation was made on behalf of the learned Counsel appearing for the appellants for time on the ground that the learned Counsel for the appellants was admitted to the hospital for treatment. On this representation, the lower appellate Court adjourned the hearing of the appeal to 28-9-1988. On 28-9-1988, appellant No. 1 was personally present. The Counsel for the appe...
Tag this Judgment!Court : Karnataka
Decided on : Jun-22-1989
Reported in : AIR1990Kant28
ORDER1. Petitioner claims to be owner of Survey No. 16/12 situate in Deshavara. village. He says, beside his land there is kharab which is in his possession and enjoyment. He is aggrieved by the resolution passedby the Bangalore Rural District Zilla Parishad the contents of which is communicated by the letter of the Chief Secretary of the Zilla Parishad addressed to the Secretary, Dashavara Mandal Panchayat. The letter is at Annexure A and it is dated 5-6-1989. The contents indicate that the resolution is passed to auction the usufructs of Gundu thope by public auction and if there is any encroachment or encroachments within the boundaries of the gundu thope, steps may be taken to evict occupants or vacate such encroachment. Pursuant to that communication of the Chief Secretary, Zilla Parishad, Bangalore Rural District, the Secretary of Dashavara Mandal Panchayat, has by its communication dated 17-6-1989 directed the petitioner not to trespass into the land of the mandal panchayat. It ...
Tag this Judgment!Court : Karnataka
Decided on : Nov-30-1989
Reported in : I(1991)ACC414
..... between an insured and an insurer against liability by the latter. if such a contract is in respect of a motor vehicle, sub-section (5) and sub-section (1)(b) of section 95 of the act provide that it must cover any liability which may be incurred by him with respect to death or bodily injury to a third party. ..... policy also gets transferred. therefore, philosophy or the doctrine developed in skandia insurance company's case, which bars an insurance policy from containing terms contrary to section 96(2) of the act has no application to the controversy arising in this case.13. in this context it is necessary to refer to one other aspect of the matter, ..... same without obtaining fresh insurance policy to protect third party interests and the vendee further did not lodge before the registering authority any information as required under section 31 of the act for the purposes of transfer of registration of the vehicle in his name. in the present case, there is no dispute that the ownership of the .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-12-1989
Reported in : ILR1990KAR1660; 1989(2)KarLJ534
..... that the lands in question bearing s.no.321-a and 321-b were mortgaged to the bank and the bank obtained an award by raising a dispute under section 70 of the act are not in dispute. on the basis of the sale deed dated 3-9-1980, the petitioner has also challenged the attachment and sale proclamation of land bearing ..... , as such the lands were liable to be sold to satisfy the award. the bank sued out execution under the provisions of the karnataka co-operative societies act, 1959 hereinafter referred to as the 'act') and brought the two lands for sale under the sale proclamation dated 2-5-1989 produced as annexure-g. the sale was fixed on 29-5-1989 .....
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