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 : Jun-26-1989
Reported in : ILR1989KAR2344
..... to 3(1)(iv) shows that they are different concepts against which the taw aims to strike at. in this regard, we accept the interpretation of section 3(1) of the act, by the calcutta high court, extracted above.22. the detaining authority, has certainly not applied his mind to the statutory provisions and to the facts ..... 'engaging' in the order of detention, by itself, indicates the casual manner in which the detaining authority exercised his mind to arrive at the satisfaction, under section 3(1) of the act.11. para-5 of the grounds of detention shows that, the petitioner had indulged in assisting his brother jayanthilal 'sometimes', - that means, he had been ..... a certified gold dealer, opined the gold to be of foreign origin, having regard to their quality etc.3. in the statement recorded under section 108 of the indian customs act, the petitioner and his co-occupant of the car stated that these gold biscuits were given to shivaji rao padaki through one jayanthilal vimaichand with .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-27-1989
Reported in : [1991]71CompCas441(Kar)
..... 3. mr. jayakumar s. patil, learned counsel for the petitioners, has relied upon the definition of 'banking' in section 2(a) of the deposit insurance and credit guarantee corporation act, 1961. in the said act, the word 'banking' means accepting for the purpose of lending or investment of deposits of money from the public ..... societies, tumkur, first respondent herein, has disqualified them in terms of the provisions contained in section 17(1)(c) as well as section 29c(1)(c) of the karnataka co-operative societies act, 1959 (hereinafter refereed to as 'the act'). on appeal, the deputy registrar of co-operative societies-second respondent has confirmed the order ..... the third respondent-co-operative bank ltd. after becoming members, they also started their own money lending business after obtaining license under the money- lenders act. they became partners in different firms which had secured a licence for money-lending business. both of them contested the office of the directors of the .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-27-1989
Reported in : [1991]71CompCas560(Kar)
..... is no more than authorising the arbitrator to make a person a party to the dispute even though he may not be one of the persons enumerated in section 70 of the act provided such person impleaded has acquired an interest in the property of the co- operative society relatable to the dispute. evidently, the intention of the legislature ..... against payments made by certified cheques or banker's cheques would be considered necessary parties who had acquired interest in the properties of the society. 6. section 117(3)(a) of the act reads as follows: '117 procedure for settlement of disputes and power of the registrar or any other person to whom the dispute is referred for decision ..... preferred this writ petition, inter alia, contending that the tribunal erred in coming to the conclusion that the sugar factories were not necessary parties in terms of section 117(3)(a) of the act. 5. in so far as defendants no. 3 who is respondent no. 3 in this petition is concerned, the finding in his favour is not .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-28-1989
Reported in : [1993]78CompCas182(Kar); 1990(1)KarLJ48
..... , the contention of the petitioner is not different from what it was before the arbitrator as well as the revenue appellate tribunal and that contention is founded on section 176 of the contract act read with clauses 5 and 10 of the hypothecation agreement as at annexure 'a' to the writ petition. the contention in summary is thus : that the ..... operative societies, tumkur, who, by his order dated april 18, 1983 in dispute no. 37 of 82-83 upheld the contention of the bank in terms of section 176 of the contract act read with clause 5 and clause 10 of the agreement of hypothecation as at annexure 'a' to the petition that the bank had a right to seize the ..... of the loan advanced notwithstanding the fact that payment of dues to the co-operative society/bank is a matter, recovery of which is provided for under section 70 of the co-operative societies act, by way of a dispute in the specified manner, thereby excluding any other method available to a co-operative institution 4. so far as the first .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-04-1989
Reported in : ILR1989KAR3234
..... , the corporation will take immediate steps to see that any construction which is contrary to law is proceeded against in accordance with the provisions contained in the karnataka municipal corporations act as well as any other law for the timebeing in force within karnataka subject to its decision in matters pending either compounding or post facto sanction for any violation.11 ..... calculating the floor area ratio of the building. it cannot have the effect of defining judicially or otherwise the expression 'basement'. the word 'basement' is not defined in the corporations act or the zonal regulations with which we are concerned and therefore the court must give it the ordinary meaning given to that expression in the english language which is to .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-07-1989
Reported in : [1991]70CompCas38(Kar)
..... for winding up the company in question as well as the official liquidator. therefore, the question which falls for determination by this court is : whether section 22 of the act is attracted to the facts of the case where the court has already passed a winding up order and, therefore, the prayer in the application may ..... if an order in winding up is made appointing the official liquidator or a receiver, then also by virtue of section 31 of the act, the proceedings of winding up will continue notwithstanding the act as mandated under section 31 of the act, which reads as follows : '31. saving of pending proceedings. - where a receiver or an official liquidator has ..... to stop further proceedings pursuant to the winding up order made by this court on june 3, 1988, in view of section 22 of the sick industrial companies (special provision) act, 1985 (hereinafter referred to as 'the act'). 2. the undisputed facts are these : company petition no.6 of 1988 was filed by a creditor seeking an order .....
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 .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-13-1989
Reported in : ILR1989KAR2277; 1989(2)KarLJ161
..... a human problem of the multitudes and also the problem of rural india peculiar to hindu society. thought explosion precedes social revolution and the thinking is one of preferential treatment to the less fortunate and weaker sections who are the victims of neglect through centuries.the incursion of institutionalised lethargy is detrimental to national interest as ..... consideration from each of respondents-4 to 6 who are the original grantees. the assistant commissioner issued notice to the petitioner under the provisions of section 5 of the act and, after an enquiry, held that the transfer of land is null and void and ordered taking over of possession of the lands by evicting ..... by any interested person or on information furnished in writing by any person or even suo moto after due enquiry by the competent authority under the act.the act may be described as the product of a restructure of property rights in a developing society against the setting of the egalitarian order envisaged by the .....
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. .....
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