Karnataka Court June 1982 Judgments
Papanna and Etc. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Jun-29-1982
Reported in: AIR1983Kant94; 1983(1)KarLJ332
ORDER1. The petitioners have challenged the notifications No.LAQ.I.CR 127/81-82 dated 25-1-1982 and notification No.RD.63 AQH 82 dated 18-5-1982 issued under sub-section (1) of S.4 and Section 6 respectively of the Karnataka Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') declaring that the lands belonging to them are needed for a public purpose to wit, construction of a temple, on the ground such an action is impermissible in a secular State.2. After deletion of clause (f) of Art. 19 and Art. 31 the petitioners can neither complain of infringement of their fundamental right to hold property nor contend that it is not for public purpose. But relying on the insertion of the word 'secular' in the preamble by 42nd Amendment and Art. 27 of the Constitution it is contended that acquisition for the construction of temple is opposed to the concept of 'secular State', the State cannot propagate or promote any religion and public revenue cannot be utilised for acquisition of l...
Tag this Judgment!Shantha Gururao Narasapur Vs. the Chairman, Selection Committee for Ad ...
Court: Karnataka
Decided on: Jun-25-1982
Reported in: AIR1983Kant81
ORDER1. This petition coming up for further orders, by consent of parties, is taken up for final disposal at the stage of preliminarily hearing after notice to respondents.2. The petitioner is a Doctor serving in the State Medical Service since 24-3-1971. When she was working as a Lady Medical Officer at Primary Health Centre, Handigannur, Taluk Haveri, District Dharwad, on 27-1-1982 she received an intimation by which she was directed to apply for Post Graduate Diploma Course as an in-service candidate. She sent her application in accordance with the instructions received as per the Official Memorandum dated 22nd August, 1931. She sent another application for Post Graduate Degree Course in Obstetrics & Gynaecology in private medical college for a seat available to the Government in such colleges. On 13-10-1981. She received a letter from the Government enquiring from her whether she would prosecute her study if she is selected for Post Graduate Diploma Course. The petitioner expressed...
Tag this Judgment!M.S. Mudhol and anr. Vs. the State of Karnataka and ors.
Court: Karnataka
Decided on: Jun-24-1982
Reported in: 1982(2)KarLJ354; [1983]52STC128(Kar)
ORDERChandrakantaraj URS, J.1. These two petitions are disposed of by the following common order at the stage of preliminary hearing after notice to the respondents and after hearing the counsel. 2. The petitioners are aggrieved by the notice issued by the respondent-Commercial Tax Officer, II Circle, Gadag. The notices dated 9th September, 1981, are produced at annexures A and B to the petitioners. The respondent-Commercial Tax Officer has informed the petitioners that in view of the amendment made to rule 25A of the Karnataka Sales Tax Rules, 1957, (hereinafter referred to as 'the Rules') and as published in the Gazette dated 24th January, 1981, in Notification No. FD 70 CSL 80 the petitioners are no longer exempted from payment of tax under the Act as they have ceased to be village industries as defined in the new rule 25A of the Rules. 3. Aggrieved by the same, the petitioners have approached this Court under article 226 of the Constitution, inter alia, contending that having been ...
Tag this Judgment!Sundaram Industries Limited Vs. the Assistant Commissioner of Commerci ...
Court: Karnataka
Decided on: Jun-21-1982
Reported in: 1982(2)KarLJ353; [1983]52STC214(Kar)
Chandrakantaraj Urs, J.1. These three writ petitions under article 226 of the Constitution of India are by Messrs. Sundaram Industries Limited having its registered office at Madurai in the State of Tamil Nadu (hereinafter referred to as 'the asesses company') challenging the orders of the Assistant Commissioner of Commercial Taxes (Assessment) I, Bangalore Division, Bangalore, for the assessment years 1973-74, 1974-75 and 1976-77 relating to certain sales of bus bodies to the Karnataka State Road Transport Corporation, Bangalore, (hereinafter referred to as 'the corporation'). The impugned assessment orders were challenged before the 2nd respondent, Deputy Commissioner of Commercial Taxes, Bangalore City Division, Bangalore, in revision under section 21(2) of the Karnataka Sales Tax Act (hereinafter referred to as 'the Act') but unsuccessfully. The impugned assessment orders for the relevant assessment years are produced as annexure K1 dated 28th July, 1975, annexure K2 dated 16th Dec...
Tag this Judgment!G.S. Abdul Rahiman Vs. H.R. Venkatakrishnaiya
Court: Karnataka
Decided on: Jun-18-1982
Reported in: AIR1983Kant98; 1982(2)KarLJ338
1. This is plaintiff's second appeal.2. He had filed an original suit - O.S.No.2 of 1971 in the Court of the Principal Munisff, Chickmagalur, against the respondent (defendant therein). The suit was to recover a sum of Rs.4,000/- consisting of the principal sum of Rs.3,519.50 and interest of Rs.480.50 from the defendant. On the said suit having been dismissed he preferred an appeal to the Civil Judge, Chickagalur, in R.A.No.100 of 1973 challenging therein unsuccessfully the judgment and decree dt.23-7-73 of the learned Munsiff. This appeal is directed against the Judgment and decree of the Civil Judge dated 19-10-1974.2A. Facts in brief are as follows :The plaintiff's case has been that he had entered into an arrangement with the defendant, who is the owner of a Coffee Curing Works, in respect of his (plaintiffs coffee crop of 1962-63 that under that agreement he had to send the coffee to Coffee Board through the defendant's curing works; that the defendant should have a lien over the ...
Tag this Judgment!Krishna Ramayya Gouda Vs. C.P.C. Motor Company and ors.
Court: Karnataka
Decided on: Jun-16-1982
Reported in: [1984]56CompCas453(Kar)
Sabhahit, J.1. This appeal by the injured claimant is directed against the judgment and award dated June 14, 1977, passed by the Motor Accidents Claims Tribunal, North Karara, in Misc. Case No. 33 of 1974, on his file, awarding compensation of Rs. 10,000 to the injured claimant against the owner and the insurer of the vehicle in question. 2. It is the case of the claimant that on April 5, 1974, in the night he boarded a lorry which was proceeding towards Bombay, near Hiregutti village and the lorry could not properly negotiate a bend in the road near Boribail, because of its speed, and dashed against a hillock, as a result of which the claimant, who was travelling in the lorry sustained injuries. He further suffered fracture of the left wrist and his forearm below the elbow joint was amputated ultimately. He was an in-patient in the hospital for about a month. He clime compensation of Rs. 54,300 before the Claims Tribunal from the respondents. 3. Respondent No. 1 is the C.P.C. Motor co...
Tag this Judgment!Krishna Ramayya Gouda Vs. C.P.C. Motor Co. and ors.
Court: Karnataka
Decided on: Jun-16-1982
Reported in: AIR1983Kant176; 1982(2)KarLJ544
1. This appeal by the injured claimant is directed against the judgment and award, dated 14-6-1977, passed by the Motor Accident Claims Tribunal, North Kanara, Karwar, In Misc. Case No. 33/1974, on his file, awarding compensation of Rs. 10,000/- to the injured claimant against the owner and insurer of the vehicle in question.2. It is the case of the claimant that on 5-4-1974, in the night, he boarded a lorry which was proceeding towards Bombay, near Hiregutti village and the lorry could not properly negotiate a bend in the road near Boribail, because of its speed, but dashed against a hillock, as a result of which the claimant, who was traveling in the lorry sustained injury. He further suffered fracture of the left wrist and his fore-arm below the elbow joint was amputated ultimately. He was an inpatient in the hospital for about a month. He claimed compensation of Rs. 54,300/- before the Claims Tribunal from the respondents.3. Respondent-1 is the C. P. C. Company, the owners of the l...
Tag this Judgment!Pribhidas and anr. Vs. B.N. Renuka and anr.
Court: Karnataka
Decided on: Jun-15-1982
Reported in: AIR1983Kant186
Sabhahit, J.1. This appeal by the owner and the insurer of the vehicle in question is directed against the judgment and award dated 17-1-1980 passed by the Member, Motor Accidents Claims Tribunal, Bangalore City, in Miscellaneous (MVC) Case No. 241 of 1979, on his file, awarding compensation of Rupees 1,05,246-60 P., to the injured/claimant.2. The petitioner Kumari B. N. Renuka is the daughter of Shri B. N. Nanjundappa, a Retired I. A. S. Officer in Bangalore. The petitioner/claimant was aged about 12 years in age at the time when she presented the petition. She was studying in the Vth Standard then. On 18-2-1979, the petitioner and her parents has been to the house of one Tallam Nanjunda Setty in order to attend 'Kanakabhisheka' ceremony. The said ceremony was performed in the house of the said Setty. The house of the said Setty is about six houses away from the house of the petitioner. They are situated in the Railway Parallel Line, Kumara Park West. After attending the ceremony, the...
Tag this Judgment!K.S. Lalithamma Vs. N.S. Hiriyannaiah
Court: Karnataka
Decided on: Jun-14-1982
Reported in: AIR1983Kant63
Sabhahit, J.1. This appeal by the wife is directed against the judgment and order, dated 28-7-1978, passed by the Principal Civil Judge, Bangalore City, in M.C.No.14/1977, on his file, decreeing the petition of the husband for dissolution of marriage from the respondent and granting a decree of divorce.2. The husband N.S. Hirianniah, instituted the petition for divorce under Sections 13 and 13(1A) of the Hindu Marriage Act on 31-1-977 before the Principal Civil Judge, Bangalore City. He averred that the respondent was married to him on 27-2-1967, at Bangalore according to the recognised rites prevalent among Hindus. After the marriage the respondent stayed with him for a period of 2 months and thereafter left his house and was staying thereafter with her brother. The respondent filed M.C. 37/1972 on the file of the Principal Civil Judge, Bangalore City under S. 9 of the Hindu Marriage Act seeking restitution of conjugal rights and the said petition was allowed on 28-6-1975.3. The husba...
Tag this Judgment!Dy. General Manager, Karnataka State Raod Transport Corporation Vs. Go ...
Court: Karnataka
Decided on: Jun-11-1982
Reported in: 1982(2)KarLJ535; (1983)ILLJ340Kant
Sabhahit, J.1. This appeal by the Karnataka State Transport Corporation is directed against the judgment and award dated 25.9.1980 passed by the Member, MAC Tribunal, Hassan, in Misc. (MVC) case No. 20 of 1979, on his file, awarding compensation of Rs. 45,606 to the claimants, along with interest at 6% p.a. from the date of petition till payment as also the costs of the claimants before the Tribunal. 2. The Karnataka State Road Transport Corporation, the owner of the vehicles in question, has come up in appeal. The learned counsel appearing for the Karnataka State Road Transport Corporation strenuously urged before us that the claimants ought to have approached the Employees' Insurance Corporation for compensation, instead of approaching the Motor Accidents Claims Tribunals. He further submitted that the compensation awarded was very much on the higher side. They are, therefore, the two points that arise for our consideration in this appeal. 3. It is no doubt true that this Court has r...
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