Karnataka Court June 1983 Judgments

K.C. Iyya and Etc. Vs. State of Karnataka

Court: Karnataka

ORDER1. These are applications filed under section 438 of the Code of Criminal Procedure, 1973 (the Code). 2. Under S. 438(1) the High Court and the Court of Session have concurrent jurisdiction to grant anticipatory bail. That section provides that a person apprehending arrest on an accusation of having committed a non-bail able offence 'may apply to the High Court or the Court of Session for a direction that in the event of his being arrested he shall be released on bail'. Since this Court and the Court of Session have got concurrent jurisdiction in the matter either of them could be moved by the person concerned. 3. The question is : It is not desirable for this Court to impose certain limitation in the matter of entertaining such applications at the first instance 4. This Court can adopt such a course only if it serves the ends of justice and not otherwise. 5. Apart from S. 438 there are other provisions in the Code which have invested this Court and the Court of Session with concu...

MoinuddIn Vs. State of Karnataka and anr.

Court: Karnataka

Reported in: AIR1984Kant137

ORDER1. This Writ Petition is disposed of at the stage of preliminary hearing after notice to respondents and after hearing Counsel for the petitioner as well as learned Government Pleader for respondents. The records produced by the learned Government Pleader, also perused.2. The petitioner is the registered owner of the land bearing Survey No. 221/13 measuring 7 acres 4 guntas in Ainoli village in Chincholi Taluk of Gulbarga District. He is aggrieved by the final notification dated 21st March. 1934 published in the Karnataka Gazette dated 24th March, 1983 under sub-section (4) of, Section 3 of the Karnataka Acquisition of Land for Grant of House Sites Act, 1972 (herein after referred to as 'the Act'). That denotes that the land in Survey No. 221 to the extent of 5 acres is required for the purpose specified in notification issued under sub-section of Section 3 of those Act earlier on 3rd May, 1977 and published in the dated June 16, 1977. A perusal of the earlier notification clearly...

N.B. Rukmini Vs. P.M. Srinivasa

Court: Karnataka

Reported in: AIR1984Kant131

Sabhahit, J.1. This appeal by the respondent-wife is directed against the order dated 10-2-1981 passed by the Civil Judge, Kodagu at Madikeri in H.M.C. No. 14 of 1978 on his file decreeing the petition of the husband for divorce from the respondent-wife, under Section 13(i)(b) of the Hindu Marriage Act. 2. The husband-petitioner married the respondent in the petition on 23-5-1969 at Madikeri. After the marriage, according to him, the wife resided with him a, Mathur till 31-12-1970. Thereafter she left the house of the petitioner from Mathur without his consent and against his wishes. She never cared to return thereafter. Qn 12-12-1972 when the petitioner-husband was not in the village, she came in a car and took away all her belongings. In spite of his efforts and persuasion, the respondent did riot come back to live with him as hi,; wife. Respondent instituted H. M. C. 3 of 1977 on the file of the Civil Judge, Kodagu, for restitution of conjugal rights. Thereafter he withdrew the said...

R.P.M. Srinivasalu and Brothers Vs. the State of Karnataka

Court: Karnataka

Reported in: [1984]57STC89(Kar)

Jagannatha Shetty, J.1. This appeal is directed against the order of the Commissioner of Commercial Taxes made under his suo motu revisional power, reversing the order of the Deputy Commissioner of Commercial Taxes (Appeals), Bangalore. 2. The matter arises in this way : The appellant - a partnership firm - is a dealer registered under the Karnataka Sales Tax Act, 1957. It carries on business in purchase and sale of foodgrains. For the assessment year 1971-72 it submitted a return of taxable turnover of Rs. 16,27,401.96 claiming certain exemptions and deductions in respect of containers (gunny bags) and the consignment of sale of foodgrains not taxable under section 6 of the Act. But the assessing authority did not allow the exemptions on both the points. He assessed the turnover with the addition of the following : (a) Rs. 1,37,000 being the turnover of containers (gunny bags) in which sugar had been filled and sold by the assessee. (b) The turnover of rice and wheat products amounti...

Superintending Engineer Keb Hubli Vs. Kadappa Mallappa

Court: Karnataka

Reported in: II(1984)ACC449; ILR1983KAR550; (1984)ILLJ179Kant

G.N. Sabhahit, J. 1. This appeal by the employer is directed against these order dated 11th March, 1980 passed by the Commissioner for Workmen's Compensation & Asst. Commissioner, Dharwad Dn. Dharwad in No. N. FA 1/72, on his file, levying penalty of Rs. 1,000 and directing paying of interest at 6% per annum from 25th January, 1971 to 9th March, 1973, on the amount of compensation awarded. 2. In this case, the applicant was an employee under the appellant and he fell within the definition of the term 'workmen' under the Workmen's Compensation Act, (hereinafter referred to as 'the Act'), When he was carrying out his duties in the course of his employment, he fell down and sustained injuries on 7th March, 1971 at about 6.30 p.m. Thereafter, he served the employer with a notice dated 19th May, 1971 demanding Compensation of Rs. 11,800. He averred therein that he lost the us of both him legs and further that he had sustained injuries on his head. The employer, however, did not respond to t...

Roopa Ravindra Kankanawadi Vs. Commissioner, Hubli-dharwar Municipal C ...

Court: Karnataka

Reported in: ILR1986KAR88

ORDERRama Jois, J.1. In this Writ Petition presented by a lady Teacher on the establishment of the High School under the management of the Hubli-Dharwar Municipal Corporation ('Corporation' for short) seeking for the issue of a direction to the Corporation to consider her case for promotion as Head-Mistress of the High School, the following question of law arises for consideration :'Whether a woman not belonging to Scheduled Caste by birth can be regarded as belonging to Scheduled Caste for purposes of reservation of posts made by the State in exercise of its power under Clause (4) of Article 16 of the Constitution ?2. The facts of the case in brief are as follows :i) The petitioner, by birth was a Christian by religion. She joined service as an Assistant Teacher on the establishment of the Lamington High School(Hubli)on 2-8-1976. Prior to that she had worked for a period of one month from 17-1-1973 to 15-2-1973 as Teacher in St. Joseph's School, Karwar and for a period of 8 months com...

A.S. Manjunathaiah and anr. Vs. M.V. Nanjundaiah and K.S.R.T.C.

Court: Karnataka

Reported in: 1(1985)ACC19

G. N. Sabhahit, J.1. This appeal by the claimants is directed against the Judgment and award dated 2-12-1977 passed by the Claims Tribunal, Hassan, in Miscellaneous (M.V.C.) 22 of 76 on its file, dismissing the claim petition. The claimants are the parents of the deceased girl Roopa, aged about 9 1/2 years.2. It is the case of the claimants that their daughter Roopa was coming home from the school on 8-11-1975 at about 2.30 P.M. on the B.H. Road. The bus bearing No. MYF 2234 owned by the 2nd respondent and driven by the first respondent was coming from the opposite direction. It was driven in a rash and negligent manner and the bus came and dashed against the girl, who was on the left side of the road. The bus ran over the girl causing instantaneous death of the girl. The girl was intelligent and she was studying 5th standard. She was learning dancing and she had bright future prospects and they claimed Rs. 25,000/- as compensation for the death of the girl Roopa.3. The respondents den...