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Judgment Search Results Home > Cases Phrase: mediation Sorted by: recent Court: karnataka Year: 1992 Page 1 of about 57 results (0.007 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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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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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 15 1992 (HC)

K.R. Balasubramanyan Vs. Bellary Spinning and Weaving Co. Ltd. and Ano ...

Court : Karnataka

Decided on : Dec-15-1992

Reported in : [1995]83CompCas585(Kar); ILR1993KAR509; 1993(1)KarLJ303

kedambady jagannatha shetty, j.1. this company application is filed by one of the shareholders of the respondent-company, under section 391 of the companies act, 1956, which was directed to be liquidated by the order of this court dated october 19, 1987/november 6, 1987, in company petition no. 34 of 1986. 2. the brief facts are : the respondent company was wound up under the provisions of section 433(e) and (f) of the companies act, 1956 (hereinafter referred to as 'the act'), since the company was unable to pay the debts to the creditors. this court has observed that the respondent-company has failed to discharge the liability which exceeds rs. 2.5 crores, exclusive of interest and is unable to pay the debts within the meaning of section 433(e) of the act. the respondent-company has preferred an appeal against the said order in o.s.a. no. 12 of 1987 (see bellary spinning and weaving co. ltd. v. syndicate bank [1993] 76 comp cas 426 (kar)) which came to be dismissed. 3. during the pendency of the appeal, this company application was filed by a shareholder and also the managing director of the said company. the prayer in the application is that the scheme of arrangement/compromise under section 391 of the act, which is sponsored by the applicant is highly beneficial to the interest of creditors at large and that the scheme be put to vote to all class of creditors and necessary summons for direction to be given as to the issue and publication of notices and convening of .....

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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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Nov 27 1992 (HC)

Chief Commissioner of Income-tax Vs. H.M.T. (international) Ltd.

Court : Karnataka

Decided on : Nov-27-1992

Reported in : (1993)109CTR(Kar)387; [1993]203ITR573(KAR); [1993]203ITR573(Karn); 1993(37)KarLJ85

k. shivashankar bhat, j.1. in respect of the assessment year 1980-81 and 1981-82, the questions referred respectively read as follows :'1. whether, on the facts and in the circumstances of the case, the appellate tribunal is right in law in confirming the orders of the commissioner of income-tax (appeals) who held that the assessee is, entitled to weighted deduction under section 35b in respect of expense incurred on delegation, export promotion, compliments, etc. (question of 1980-81) 2. whether, on the facts and in the circumstances of the case, the appellate tribunal is right is right in law in confirming the order of the commissioner of income-tax (appeals) who held that the assessee is entitled to weighted deduction under section 35b in respect of delegation expenses of rs. 3,03,954 and the expenditure on complimentary articles given to foreign delegates amounting to rs. 32,280 ?' (question of 1981-82) 2. though the questions are differently worded, there is no dispute that the answer in i. t. r. c. no. 75 of 1991 would govern the question referred in i. t. r. c. no. 20 of 1991 also.3. the assessee is engaged in export of goods. this is an admitted position. the assessee claimed weighted deduction under section 35b in respect of the expenditure incurred towards compliment aries and giveaways to foreign delegate and similarly the assessee claimed weighted deduction in respect of the expenditure on the said foreign delegates as export promotion activities. since the claim .....

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Nov 24 1992 (HC)

Smt. Nanda Kishori Vs. S.B. Shivaprakash

Court : Karnataka

Decided on : Nov-24-1992

Reported in : AIR1993Kant87; II(1994)DMC295; 1992(4)KarLJ663

order1. this civil petition is filed under s. 24 of c.p.c., seeking transfer of matrimonial case pending on the file of the family court to the court of the principal civil judge, hubli.2. few facts to briefly state are :--one sri s. b. shivaprakash has initiated legal action against his wife smt. nanda kishori seeking dissolution of marriage by a decree of divorce before the family court at bangalore. according to the pleadings marriage was solemnised according to hindu rites at hubli in the year 1976 and that two children were born out of wedlock and spouses were living at bangalore, and differences arose in the year 1988.3. this civil petition is filed by the wife seeking transfer of the proceedings pending on the file of the family court at bangalore to jurisdictional court at hubli where wife is living with her parents after leaving the matrimonial home. causes attributed by the wife for leaving matrimonial home were that her husband used to ill-treat her and further used to come to matrimonial home in a drunken state in the company of another lady and when he was confronted about his behaviour, she was abused and she was silenced under threat to her life. further, wife has pleaded that in spite of reconciliation and good offices of the elders, husband has not made any attempt to take her back and that she is being accommodated by her aged parents who are stationed at hubli. reasonsfor seeking transfer of matrimonial proceedings from bangalore family court to hubli are .....

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