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Judgment Search Results Home > Cases Phrase: mediation Court: karnataka Year: 1992 Page 1 of about 57 results (0.008 seconds)

Jan 07 1992 (HC)

Muniyamma and Others Vs. Arathi Cine Enterprises Pvt. Ltd. and Others

Court : Karnataka

Decided on : Jan-07-1992

Reported in : [1993]77CompCas97(Kar); ILR1992KAR1262; 1992(2)KarLJ614

..... asserts it. respondents nos. 3 to 6 have set up a plea that the shares held by the petitioners in the first respondent-company were transferred to them with the mediation of respondent no. 2. therefore, the burden was upon respondents nos. 3 to 6 to prove the alleged transfer of shares. therefore, it is not possible to agree with the .....

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Oct 09 1992 (HC)

The Assistant Charity Commissioner, Camp, Belgaum Vs. K. Shamrao and O ...

Court : Karnataka

Decided on : Oct-09-1992

Reported in : 1993CriLJ901; ILR1993KAR45; 1993(1)KarLJ20

..... ; it has acquired the meaning of the place where justice is administered and, further, has come to mean the persons who exercise judicial functions under authority derived either immediately or mediately from the sovereign. all tribunals, however, are not courts, in the sense in which the term is here employed, namely, to denote such tribunals exercise jurisdiction over persons by reason .....

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Jan 14 1992 (HC)

The State of Karnataka Vs. Shivappa

Court : Karnataka

Decided on : Jan-14-1992

Reported in : 1992CriLJ3264; 1992(3)KarLJ49

shyam sunder, j. 1. this appeal by the state is directed against the judgment of the learned special judge, gulbarga, in special case no. 9/1987, dated 26-12-88. by the said judgment, the learned special judge, acquitted one shivappa, who was indicated before him on a charge of having committed an offence punishable under section 161 of the i.p.c. r/w. section 5 of the prevention of corruption act, 1947. aggrieved by the same the state challenges the acquittal of the accused therein who is the respondent-accused before us represented by sri a. b. patil, and seeks a reversal of the same. 2. the learned additional state public prosecutor who appears in support of the appeal maintains that the learned judge committed a serious volte face in completely derailing after having held that all evidence clearly establishes that the accused (we refer respondent as accused during the course of the judgment) accepted the money from complainant p.w. 1 on the date of occurrence and that was illegal gratification for doing the official work. in arriving at the conclusion the learned judge has no hesitation in rejecting the explanation offered by the accused/respondent in the statement of accused under section 313, cr.p.c. the above observations are noticed in para 16 of the impugned judgment and is to the following effect : 'for the aforesaid reasons i am clearly of opinion that what (m.os. 3 and 4) the accused took from p.w. 1 was intended to be illegal gratification for doing the official .....

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Dec 08 1992 (HC)

Bangalore Development Authority Vs. R. Ramachandran

Court : Karnataka

Decided on : Dec-08-1992

Reported in : ILR1993KAR116; 1993(1)KarLJ1

n.d.v. bhat, j. 1. these ten appeals arise out of ten suits viz., o.s.nos. 5391/1989, 5373/1989, 2231/1990, 5372/1989, 5390/1989, 5374/1989, 5375/1989, 6678/1989, 5389/1989 and 5371/1989 respectively on the file of the xiii additional city civil court, bangalore. the said ten suits were filed by different plaintiffs who are the respective respondents before this court in these ten appeals. 2. the appellant - b.d.a. was a party defendant in each of the aforesaid ten suits. the lower court decreed the suit of each of the plaintiffs for permanent injunction by his common judgment delivered in these suits after clubbing them together. being aggrieved by the judgment, which has gone against the b.d.a. in each of the said suits, the b.d.a. has preferred these ten appeals. 3. the facts relevant for the disposal of these appeals, briefly stated, are as under: each of the plaintiffs in the aforesaid ten suits filed before the city civil court prayed for a decree for permanent injunction. the pith of the allegation made by each of them in the course of their plaint is that the respective properties which are designated by different site numbers in sy.no. 80 of banasawadi village were purchased by each of them by different sale deeds referred to in each of the plaints. it is the case of the plaintiffs that their sites which were comprised in sy.no. 80 of banasawadi village originally belonged to one doddanna. further it is their case that an area of 2-00 acres in the said sy.no. was .....

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May 28 1992 (HC)

Padmashree S.N. Swamy Vs. Smt. Gowramma

Court : Karnataka

Decided on : May-28-1992

Reported in : AIR1993Kant208; 1992(3)KarLJ244

acts/rules/orders:transfer of property act, 1882 - section 58;civil procedure code, 1908 - section 100;india evidence act, 1872 - section 92cases referred:smt. indirakaur v. shri sheo lal kapoor, air 1988 sc 1074;chunchun jha v. ebadat ali, air 1954 sc 345;smt. indira kaur v. shri sheo lal kapoor, air 1988 sc 1074;thankra singh v. sheo nath singh, air 1940 allahabad 227;thakur dass v. tek chand, air 1944 lah 175judgement1. this second appeal is directed against the judgment and decree, dated 13-7-1981 in r.a. no. 23 of 1979 passed by the learned district judge, mysore, whereby the learned district judge reversed the judgment and decree dated 17-3-1979 made in o.s. no. 186 of 1973 by the learned principal civil judge, mysore.2. facts in brief are :--the appellant is the plaintiff and the respondent is the defendant in the trial court.the plaintiff filed a suit for redemption and directing delivery of possession of the suit schedule property on the plaintiff paying a sum of rs. 16,000/- to the defendant within three months and further directed the defendant to pay the costs of the suit to the plaintiff. on 23-11-1961, the plaintiff and his father executed a mortgage deed by conditional sale for rs. 16,000/- in favour of the defendant with a clause of repurchase upon repayment of the said amount within two years. the plaintiff has further alleged that on the same day the plaintiff executed a lease deed in favour of the defendant agreeing to pay rent at the rate of rs. 110/- per .....

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Dec 04 1992 (HC)

Mangalore Municipal Market Welfare Society and Another Vs. the Corpora ...

Court : Karnataka

Decided on : Dec-04-1992

Reported in : AIR1993Kant220

order1. the petitioner in w. p. no. 13575 of 1985 is a society called 'manga-lore municipal market welfare society' registered under the karnataka societies act, 1960. it is referred to hereinafter wards as the society.2. in this writ petition, the prayer sought for is as follows:--'wherefore, the petitioner prays that this hon'ble court may be pleased to :(i) issue a writ of prohibition restraining the respondents from proceedings ahead with the shifting of the fish market from the nehru maidan market to the new fish market wing of the central market situated at market road, mangalore, without providing all the 132 stall-holders and 61 dry-fish vendors who are at present carrying on their business in the nehru maidan market, with adequate accommodation and facilities in the new fish market.(ii) issue a writ in the nature of prohibition restraining the respondents from evicting the stall-holders and dry-fish vendors from their present stalls in the nehru maidan market or in any manner dispossessing them of the stalls or dismantling or removing the stalls.(iii) pass such other orders which are just and necessary in the circumstances of the case including the award of costs.(iv) interim prayer: pending disposal of the above writ petition, the petitioner prays that thus hon'ble court may be pleased to stay the proposed action of the respondents to shift the fish market from the nehru maidan market to the newly constructed fish-market wing of the central market at market road, .....

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Dec 04 1992 (HC)

Mangalore Municipal Market Welfare Society Vs. Corporation of the City ...

Court : Karnataka

Decided on : Dec-04-1992

Reported in : ILR1993KAR86; 1993(1)KarLJ84

orderm. ramakrishna, j. 1. the petitioner in w.p.no. 13575 of 1985 is a society called 'mangalore municipal market welfare society' registered under the karnataka societies act, 1960. it is referred to here in after wards as the society. 2. in this writ petition, the prayer sought for is as follows:- 'wherefore, the petitioner prays that this hon'ble court may be pleased to: (i) issue a writ of prohibition restraining the respondents from proceeding ahead with the shifting of the fish market from the nehru maidan market to the new fish market wing of the central market situated at market road, mangalore, without providing all the 132 stall-holders and 61 dry-fish vendors who are at present carrying on their business in the nehru maidan market, with adequate accommodation and facilities in the new fish market. (ii) issue a writ in the nature of prohibition restraining the respondents from evicting the stall-holders and dry-fish vendors from their present stalls in the nehru maidan market or in any manner dispossessing them of the stalls or dismantling or removing the stalls. (iii) pass such other orders which are just and necessary in the circumstances of the case including the award of costs. (iv) interim prayer: pending disposal of the above writ petition, the petitioner prays that this hon'ble court may be pleased to stay the proposed action of the respondents to shift the fish market from the nehru maidan market to the newly constructed fish-market wing of the central .....

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Apr 10 1992 (HC)

R. Venkategowda Vs. State of Karnataka

Court : Karnataka

Decided on : Apr-10-1992

Reported in : ILR1992KAR1447; 1992(3)KarLJ137

orderrama jois, j.1. as vital questions of national importance concerning the necessity of always maintaining the democratic character of local self governments arise for consideration in this writ petition presented by 15 citizens/voters, who are residing in various villages situate in different districts of the state aggrieved by the indefinite postponement of election to all the zilla parishads in the state, inter alia, praying for the issue of a writ of mandamus to hold elections to those bodies in accordance with the legislative mandate incorporated in the karnataka zilla parishads, taluk panchayat samithis, mandal panchayats and nyaya panchayats act, 1983 ('the act' for short), the same has been referred to division bench under section 9 of the karnataka high court act.2. the brief facts, circumstances and statutory provisions, which have given rise to the petition, are these:-(i) the act was enacted by the state legislature, in exercise of its legislative power under articles 245 and 246 of the constitution of india read with entry 5 of list ii of its seventh schedule and for the purpose of implementing the directive principle enshrined in article 40 of the constitution for the purpose of establishing local self government to wit, panchayat raj institutions as local self governments, entry 5 of state list, article 40 and the preamble to the act read; (1) entry 5 of list ii:- '5. local government, that is to say, the constitution and powers of municipal corporations, .....

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Apr 24 1992 (HC)

D. Saraswathi Vs. Rent and Accommodation Controller

Court : Karnataka

Decided on : Apr-24-1992

Reported in : ILR1992KAR1706; 1992(2)KarLJ400

orderhakeem, j. 1. issue rule.2. by consent of the learned counsel for the parties, the matter is heard for final disposal.3. the petitioner has mainly sought for the following reliefs:-(a) issue a writ of certiorari quashing annexure-b, the warrant of delivery issued by the first respondent in favour of 2nd respondent dated 4-2-1992; (b) direct the respondents to re-deliver the property which is more fully described in the schedule below to the petitioner and also return all her articles which were taken possession by the respondents 1 and 2 by dispossessing her in pursuance of the delivery warrant mentioned above. 4. on the vacancy report filed by one sathyavatsala, the rent controller notified vacancy of the premises, viz., no. 19 (portion), situated in gavipuram circle, bangalore-19. the case of the petitioner is that, in pursuance of that notification, she filed an application for allotment of the said premises. on 11-12-1991, the petitioner being the sole applicant as also having consent of the alleged landlord, the rent controller directed allotment of the premises in her favour. by virtue of the said order, a delivery warrant was issued and possession of the premises was delivered to the petitioner on 25-1-1992. it is alleged that on 4-2-1992 when the petitioner returned from her work at 5 p.m., she found the lock put on by her to the premises had been broken open and some other person was in possession of the same. on enquiry, she was told that the rent controller .....

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Nov 16 1992 (HC)

Paragounda Vs. Bhimappa

Court : Karnataka

Decided on : Nov-16-1992

Reported in : ILR1992KAR3709

krishnan, j. 1. in this civil petition, the petitioner seeks review of our judgment dated 3.11.1990 dismissing his appeal (m.f.a.no.2027 of 1990), following the full bench decision of this court reported in : ilr1990kar1 . the learned advocate for the petitioner contends that the said decision has no application to the facts of the present case, because transfer of ownership of the vehicle in question has not been entered in the registration certificate and other records as required by section 31 of the motor vehicles act, 1939. he seeks to rely upon the decision reported in air 1986 ap 62 (fb) holding that the public liability of the transferor, so far as third party risk is concerned, continues till he discharges his statutory obligation under sections 29a and 31 read with section 94 of the motor vehicles act. the full bench of this court with reference to the said decision at page-6 has observed thus: '........ therefore, whatever observations that have been made in the decision of the andhra pradesh high court are in the context of there being no transfer of registration in the name of the purchaser of the vehicle and hence can have no application to a situation with which we are concerned.' 2. in view of the above observation, it is contended on behalf of the petitioner that the full bench decision of this court would be applicable only to a case where transfer of the vehicle has been recognised by the r.t.o and would have no application to a case of the present nature. .....

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