Court : Karnataka
Reported in : [1985]57CompCas668(Kar)
Jagannatha Shetty, J.1. This appeal is directed against the judgment and decree dated December 12, 1980, passed by the City Civil Judge, Bangalore City, in O.S. No. 2530 of 1980. 2. The appeal raises some questions of considerable importance as to the constraint on banking institutions to charge interest on loans/advances/overdrafts or any other financial accommodation and the power of courts to examine the rigour of such transaction and give relief to the debtor by calling into aid the usury enactments. 3. The facts, in brief, are these : One D. S. Gowda was allotted a site No. 132/4 at Rajamahal Vilas Extension, Bangalore, by the Bangalore Development Authority. He wanted to construct some residential flats in that site. He approached M/s. Corporation Bank', readily acceded to his request and gave advance and overdraft facilities. D. S. Gowda took the loan and commenced construction. The loan sectioned was perhaps found insufficient. So, he could neither finish the building nor repay...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1996AP413; 1996(2)ALT757; [1999]96CompCas645b(AP)
..... of india no power lies in this court to issue a rule against a private arbitrator. in support of this contention, our attention is invited to engineering mazdoor sabha v. hind cycles ltd., : (1962)iillj760sc . that was a case of special leave under art. 136(1) of the constitution. the expression used in the article is 'court or tribunal'. the supreme court ..... of a group of persons to improve their economic well-being. a cooperative society stands no comparison to municipalities and gram panchayats. the bye-laws made by a local authority hind all the persons within its area, whereas the bye-laws of a society bind only its members and its employees. the former is law. the latter is only acontract. for .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALD(Cri)338; 2005(3)ALT487
..... a.p. legislative assembly elections indulged in clashes with your rival group due to political rivalry. in this sequence you have also set fire to 1 jeep and 3 motor cycles. on account of the stone pelting 9 police personnel including the dy. superintendent of police, sustained injuries and the grave situation was later brought under control only after the arrival ..... given by the congress (i) party and trespassed into the stone factory of chinna chenna reddy father-in-law of the complainant p. ramachandra reddy and highhandedly damaged the motor cycle bearing number ap. 02.9639 belonging to the complainant and also abused the complainant's father-in-law and went away. you s. ravindra reddy @ potti ravi was arrested on .....
Tag this Judgment!Court : Supreme Court of India
G. S. Singhvi, J. 1. These appeals are directed against the order of the Division Bench of the Karnataka High Court whereby the writ petitions filed by the respondents were allowed, Section 32(5A) of the Bangalore Development Authority Act, 1976 (for short, `the 1976 Act') was declared as violative of Article 14 of the Constitution, void and inoperative and the conditions incorporated in the orders passed by the Bangalore Development Authority (BDA)sanctioning residential layout plans or work orders in terms of which respondents were required to pay/deposit various charges/sums specified therein were quashed and a direction was issued for refund of the amount. 2. With the formation of the new State of Mysore, it was considered necessary to have a uniform law for planned growth of land use and development and for the making and execution of town planning schemes. Therefore, the State Legislature enacted the Mysore Town and Country Planning Act, 1961 (for short, `the Town Planning Act')....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC)
..... summed up by john r. pedan in 'the law of unjust contracts' published by butterworths in 1982, at pages 28-29 : .unconscionability represents the end of a cycle commencing with the aristotelian concept of justice and the roman law iaesio enormis, which in turn formed the basis for the medieval church's concept of a just price and ..... chorus from 'the rock' said: o perpetual revolution of configured stars, o perpetual recurrence of determined seasons, o world of spring and autumn, birth and dying! the endless cycle of idea and action, endless invention, endless experiment.27. the law exists to serve the needs of the society which is governed by it. if the law is to ..... hath his revolution, there must be a period and an end of all temporal things, finis rerum, an end of names and dignities, and whatsoever is terrene....the cycle of change and experiment, rise and fall, growth and decay, and of progress and retrogression recurs endlessly in the history of man and the history of civilization. t.s .....
Tag this Judgment!Court : Chennai
Reported in : [1985]57CompCas126(Mad); (1984)IILLJ34Mad
Mohan, J.1. An important question arising in this batch of cases is whether the Tamil Nadu Shops and Establishments Act, 1947 (hereinafter referred to as the Shops Act), is applicable to the Nationalised Banks and to the State Bank of India. 2. We would first note the facts leading to Writ Appeals Nos. 561 and 562 of 1983. They arise out of Writ Petitions Nos. 2013 and 2014 of 1979. Writ Petition No. 2013 of 1979 is for a mandamus to direct the first respondent to dispense of the preliminary objection raised by the Management of the Bank of India, Regional Office, Southern Region, represented by the Assistant General Manger, Madras, in regard to the maintainability of T.S.E. Case No. 49 of 1875, of the file of the Second Additional Commissioner for Workmen's Compensation, Madras, in the appeal preferred by the employee, C. V. Raman, under section 41 of the Act. 3. Writ Petition No. 2014 of 1979 is for prohibition to prohibit the Additional Commissioner from proceeding to take up for pr...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC710; 1982CriLJ340; 1981(4)SCALE1904; (1982)1SCC271; [1982]2SCR272
Chandrachud, C.J.1. This is a group of Writ Petitions under Article 32 of the Constitution challenging the validity of the National Security Ordinance, 2 of 1980, and certain provisions of the National Security Act, 65 of 1980, which replaced the Ordinance. Writ Petition No. 5724 of 1980 is by Shri A.K. Roy, a Marxist member of the Parliament, who was detained under the Ordinance by an order passed by the District Magistrate, Dhanbad, on the ground that he was indulging in activities which were prejudicial to public order. Ten members of the Parliament, one an Independent and the others belonging to various political parties in opposition applied for permission to intervene in the Writ Petition on the ground that since the Ordinance-making power of the President is destructive of the system of Parliamentary democracy, it is necessary to define the scope of that power. We allowed the intervention. So did we allow the applications for intervention by the People's Union of Civil Liberties...
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2002]110CompCas193(AP)
B.S.A. Swamy, J.1. To my mind if the parties adopted a give and take policy, the issue would have been amicably settled by the well wishers of both the parties. As the second respondent is adamant and not heeding the advice of well-wishers and the judicial forums as well, the parties are in the courts for nearly a decade wasting the precious time of the court. Even in this court the respondents did not heed the advice given to them and invited judgment on the merits.2. To put forth their case both the parties engaged counsel from Madras and arguments in these appeals were heard for nearly three weeks.3. Before considering the merits of the case, I feel it appropriate to refer to certain observations made by Honourable Justice Chinnappa Reddy exposing how corporate giants rush to courts and how they are converting the courtrooms as their battle ground and fight under the attractive banners of fair play and public interest. While considering the conduct of the board of directors in Life ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(1)ALD(Cri)117; 1999(6)ALT249; 2000CriLJ1297
ORDERV.V.S. Rao, J.1. The petitioner is a Truck driver. He is in private service. He has been residing in Gudivada town of Krishna District eking out his livelihood by working as a lorry driver for the last two years. He has a family depending on him. In this writ petition he has prayed this Court for declaration that the action of the respondents in maintaining history sheet No. 615 in II Town Police Station, Gudivada against the petitioner as illegal and unconstitutional and consequential direction to the respondents to close the history sheet of the petitioner.2. The facts in this case are not in dispute. A crime was registered against the petitioner Under Section 379 of Indian Penal Code, 1860 (I.P.C. for short) in 1972 and also in 1976. In both the cases, he was convicted and sentenced to simple imprisonment. On conviction a K.D. Sheet (History sheet) No. 615 in II Town Police Station, Gudivada was opened against him. The history sheet was opened by the third respondent under Poli...
Tag this Judgment!Court : Delhi
Reported in : 1996IIAD(Delhi)209; 1996(37)DRJ207
Arun Kumar, J. (1) By this petition under Article 227 of the Constitution of India, the petitioners have challenged the order dated 17th December 1993 passed by the Addl.Rent Controller who has been imp leaded as respondent No.1 By the impugned order the respondent No.1 allowed oral evidence to be led in support of the objections filed by the objector respondent No.2 against the order dated 31st October 1980 of the then Addl.Rent Controller granting permission for fixed term lease by the petitioners of the suit property in favor of respondent No.2 for a period of five and half years under Section 21 of the Delhi Rent Control Act (herein after referred to as the Act). By virtue of the objections filed by respondent No.2 about 12 days before the expiry of the period of lease the respondent No.2 has been able to drag on the matter for almost ten years and has continued to enjoy the suit premises and retain its possession so far. The necessary facts for the present purposes are:-(2) The pe...
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