Court : Karnataka
Reported in : ILR1992KAR1053; 1992(2)KarLJ583
..... bank of india v. premco saw mill; (iii) : air1929all72 , chakanlal and ors. v. kanhaiyalal ors. ; (iv) , gulam hussain v. faiyaz ali khan;24. section 127 of the indian contract act, 1872 ('the act' for short) reads thus:-'127. consideration for guarantee. - anything done, or any promise made, for the benefit of the principal debtor, may be sufficient consideration to the surety for ..... be entitled to levy and recover interest at 16%, (13.5% + 2.5%) therefore, the learned counsel has filed the recalculated account extract from 13-11-1982 to 7-11-1985 pertaining to osl 17/1982 calculating the interest at 13.5 + 2.5% on over due amount. though this account extract was not produced before the trial court, we have ..... the sodh account 8/82 would be 17.50% p.a. upto 31st march 1983 and at 16.50% p.a. from 1st april 1983 upto 31st march 1985 and from 1st april 1985 16.50% p.a. as per item no. 2(b) in v category of advances as extracted earlier. the bank is not entitled to claim interest at the .....
Tag this Judgment!Court : Karnataka
Reported in : 2005(1)KarLJ552
..... of india and another, : [1970]2scr522 state of rajasthan and ors. v. union of india, : [1978]1scr1 and union of india v. state of rajasthan, : [1985]1scr700 contend that whenever a private party is impleaded or involved in a dispute between the two states, article 131 of the constitution of india cannot be made applicable and ..... zone of online and internet lotteries. notification dated 24-7-2004 reads as hereunder:'in exercise of powers conferred by section 5 of the lotteries (regulation) act, 1998 (central act 17 of 1998), the government of karnataka hereby declares that the karnataka state shall be the free zone from online and internet lotteries and prohibits the ..... and prohibited the sale of its own lotteries viz., online and internet lotteries. it is further contended that state has not contravened either section 5 of the act or overlooked the judgment of the hon'ble supreme court in b.r. enterprises case. therefore, respondents-state has requested the court to dismiss the petitions.7 .....
Tag this Judgment!Court : Karnataka
Reported in : 2004(1)KarLJ199
..... appellant-writ petitioner and the fourth respondent belong to the scheduled caste community. both of them were selected for the post of assistant traffic manager (class-ii) in the year 1985 and subsequently they were appointed to the said post in the year 1986. the appellant was confirmed in the post on completion of probation on 21-4-1988 whereas respondent .....
Tag this Judgment!Court : Karnataka
Reported in : [2003]129STC373(Kar)
..... so as to give the respondents an opportunity to meet a case of alleged invalidity of the rule.'23. the supreme court in : [1984]1scr302 (krishna priya ganguly v. university of lucknow) held as follows :'6. before dealing with the individual cases of the appellants/ respondents, it may be necessary for us to adjudicate on the validity of the ..... (1), no tax shall be levied and collected from a hotelier to the extent of tax not collected by him during the period from the 1st day of august, 1985 to the 31st day of march, 1986.(3) in computing the amount of tax payable under this section, the amount shall, if it is not a multiple of ..... so as to interfere with the discretion of any appellate authority in the exercise of its appellate functions.(2) all officers and persons employed in the execution of this act, shall observe and follow such administrative instructions as may be issued to them for their guidance by the joint commissioner within whose jurisdiction they perform their functions.'18. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1994Kant12; II(1993)DMC274; ILR1993KAR2212; 1993(2)KarLJ599
..... be under joint custody of their parents. the respondent stated that he can give better education to his children at thirupathi, since he is working in the university and entitled for certain benefits. appellant did not object to such a suggestion.7. on 12-10-1992 the parties filed a joint application under order vi ..... but the amendment has made it possible by mutual consentof both parties as held by the supreme court in smt. saroj rani v. sudarshan kumar chadha, : [1985]1scr303 the relevant portion of which is extracted hereunder:'apart from that we are in agreement with the majority of the learned judges of the division bench (full bench ..... will be fruitful. in thecircumstances the only alternative is to consider whether it is permissible to grant divorce by mutual consent.11. before the hindu marriage (amendment) act, 1976, the relationship between wife and husband concerned was one of a sacrament. but, by 1976 amendment the rigidity in continuing the relationship is liberalised. the object .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant12; AIR1954Mys12
..... they have a right to enter. obviously a halt like the crow ford hall which presumably belonged to the government or to the university cannot be described as a place of public resort or a public place and any meeting held within the confines of such a building ..... the request which would amount to an abuse of the process of the court it should at the same time be careful not to do any act which would hamper the accused in his defence; -- 'sayad habib v. emperor' a. i. r 1929 lah 23 (2) (r).16 ..... trial of all the accused was illegal. he urges that it is not shown that the accused persons had a common object or were acting with any common intention: p. w. 1 has admitted that he docs not know the relationship between the various accused, i.e., ..... magistrate, mysore, and who are all described as students, have been tried and convicted for an offence under section 56(o), mysore police act and sentenced to pay a fine of rs. 10/- each and in default to undergo s. i. for six days. the charge against .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1961Kant49; AIR1961Mys49; ILR1960KAR1100
..... is in contravention of the rules of the company. there-fore the plaintiff can only take his stand on the basis that principles of natural justice are of universal application in all cases where justice is the essence of the matter.in my judgment, for the reasons mentioned earlier, the plaintiff was clearly guilty of breach of ..... same with the consent of the managing director or not there can be no doubt that he was contravening the provisions contained in section 29 of the insurance act. even it i accept the version of sri melligatti that sri nalavadi, one of the directors was also operating his account, that fact does not minimise the ..... and the monies were drawn without the authority of the managing director and sometimes against the instructions of the board of directors.under section 29 of the insurance act, loans or temporary advances either on hypothecation of property or on personal security or otherwise, except loans on life policies issued by the insurer within their surrender value .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1993Kant359; ILR1993KAR2016
..... thereof by defendants 1, 2 and 3. p.w. 6 (t. n. kumar) who was the manager of m.m. hills branch of the bank between 1981 and 1985 spoke about the due certification of the statement of accounts.9. the bank also produced and exhibited ex. p. 1 to p. 71 of which the relevant documents are:( ..... the creation of the mortgage. it follows that in such a case the document which constitutes the bargain regarding security requires registration under s. 17 of the indian registration act, 1908, as a non-testamentary instrument creating an interest in immoveable property, where the value of such property is one hundred rupees and upwards. if a document of ..... to by their ranks in the trial court. the plaintiff will also be referred to as the 'bank'.2: the first defendant, a company incorporated under the companies act, was a constituted of the plaintiff bank at its malai mahadeswaraswamy hills branch, kollegal taluk, mysore district. on the request of the first defendant for certain loan facilities .....
Tag this Judgment!Court : Karnataka
Reported in : [1989(59)FLR38]; ILR1989KAR861; 1989(1)KarLJ233; (1989)IILLJ4Kant
..... third case, namely of apar private limited and pointed out that the reason assigned by the government was not a reason at all, by calling one of the reasons as 'universal in all cases of closure.' another reason was found to be too vague. since the reasons put forward by the employer were correct, 'it was preposterous to say they ..... workmen or need to maintain production etc., each by itself will not be the basis to reject the employer's application. the observation at pages 556-557 of the report (1985-ii-llj-543) has been already extracted. the present impugned provisions satisfy those requirements. another reason given in the order under appeals, is that, specific grounds on which permission ..... a. g. l. oza, acting c.j. (as he then was) of madhya pradesh high court in straw products ltd. v. state of maharashtra (misc. petitions no 2012 of 1983) and that of the full bench decision of the delhi high court in d.c.m. ltd. v. union of india & other (cwp. no 1281 of 1985). 27. in the result, for .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1965Kant47; AIR1965Mys47
..... of class ii posts had to be filled by direct recruitment by a competitive examination held by the public service commission. the minimum educational qualification for direct recruitment was a university degree and the maximum age limit was 28 years. thirty percent of these posts had to be filled by promotion among officials in class iii services of the revenue, survey ..... who are allotted or deemed to have been allotted to serve in connection with the affairs of the state of mysore in pursuance of section 115 of the state reorganisation act, 1956. the seniority of such persons shall be as determined in accordance with the provisions of the said section and the orders issued in pursuance thereof.'we think, the contention .....
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