Karnataka Court September 1986 Judgments

Management of Sri Siddaganga Training College Vs. Shivanna

Court: Karnataka

ORDERDoddakale Gowda, J.1. By impugned order, dated 11th December 1981, second respondent has set aside the order made by petitioner on 30-9-1975 dismissing first respondent from service.2. Main contention of Sri B. Veerabhadrappa, Learned Counsel for petitioner, is that Educational Appellate Tribunal (hereinafter referred to as the 'Tribunal') instead of setting aside entire order, should have recorded a preliminary finding as to whether there were any irregularities in the conduct of enquiry and/or whether enquiry is vitiated due to non-compliance of rules governing conduct of enquiry or principles of natural justice. It is only after recording a preliminary finding regarding such irregularity, management could have been called upon to establish charges and employee could have been called upon to disprove the same.3. Relevant portion of finding of Tribunal reads thus :--'It will be seen that admittedly no charge as such has been framed against the appellant in this case.... The said ...

Sudhakar Vs. Court of Examiners in Homoeopathic Education

Court: Karnataka

ORDERDoddakale Gowda. J.1. Petitioners are students of BHMS, a four years course having joined in 1981-82 and 1982-83. Conduct of Course and Examination was then being regulated by Karnataka Board of Homoeopathic System of Medicine, as per resolutions made and/or circulars issued from time to time.2 After promulgation of Homoeopathy (Degree Course) BHMS Regulations, 1983 (hereinafter referred to as 'Regulations'), framed by Central Council of Homoeopathy, under Sections 33 and 20 of Homoeopathy Central Council Act, 1973, conduct of examination is regulated by these Regulations.3. Amongst others main grievance is against applicability of Regulation 11(vii) of the Regulations to petitioners. It is necessary to set out few more facts to know how petitioners are affected by application of this regulation.All these petitioners except petitioners in Writ Petitions Nos. 8222 to 8224 of 1986 yet to pass subjects like Anatomy and Physiology of I Year BHMS Course. Petitioners in Writ Petitions 8...

B.S.M. Ganganna Vs. State of Karnataka and ors.

Court: Karnataka

Reported in: ILR1986KAR3359; 1987(1)KarLJ21

ORDER1. Respondents - 2 to 5, who are arrayed as A-1, A-2, A-3, & A-5 respectively in CC. No. 539/84, on the file of the J.M.F.C., Molakalmuru, and another Sann Govindappa (A-4) in the said case, were charge with and tried for the offences punishable under Ss. 143, 147, 324, 355, 341 r/w 149 IPC and were held to be not guilty of the offences of unlawful assembly, rioting as also the offence punishable under Ss. 324, 355, 341 r/w 149 IPC and accordingly acquitted of the said charge. They were however held to be guilty of the offence of simple hurt punishable under S. 323 IPC and were released on admonition as provided under S. 360 of the Cr.P.C. with a direction further to furnish surely in a sum of Rs. 1000/- for keeping peace for a period of one year. The State having not filed any appeal against the said order, the complainant has filed this revision questioning the legality and correctness of the order as made by the trial Magistrate. 2. Mr. Hanumantharaya, learned counsel for the p...

Channabasappa Vs. Nanjundappa

Court: Karnataka

Reported in: ILR1986KAR3536

ORDERKulkarni, J.1. This is a revision by the petitioner against the order dated 24-3-1986 passed by the Principal Munsiff, Arsikere, in Misc. 1 of 1986, dismissing the same.2. The respondent filed a suit for recovery of money against the petitioner in O.S.No. 175/76 on the file of the Principal Munsiff, Arsikere, and had obtained a decree. The respondent sued out Execution in E.P.No. 133/77 for recovering the said decretal amount. He got attached the petitioner's properties. The properties were directed to be sold on 28/29-7-1978. The sale on the spot was held on 28-7-1978. The Court appeared to have made a note on 29-7-1978 that the bid was accepted. The revision petitioner filed an application LA. II on 29-7-1978 under Order 21 Rule 90 of the C.P.C. That was dismissed. M. A. No. 59/ 1979 filed by him against the said order of dismissal of the Application I. A. II under Order 21 Rule 90 of the C.P.C. was also dismissed on 14-3-1980. He approached this Court with C.R.P. 2760/80 and it...

Kallappa Sangappa Salagatti Vs. Deputy Commissioner

Court: Karnataka

Reported in: 1987(1)KarLJ250

ORDERDoddakalegowda, J.1. Validity of the notification issued under Section 10(3) of Urban Land (Ceiling and Regulation) Act, 1976, notice, dated 23-7-1979 calling upon petitioner to surrender possession and order dated 15-2-1974 of Special Deputy Commissioner, Dharwar, passed under Section 95 of the Karnataka Land Revenue Act, are questioned in this Writ Petition.2. Contention of petitioner is that he is a tenant to an extent of 6 acres 8 guntas in old S. No. 129 (New S. No. 312) situate at Gamanagatti Village, Hubli Taluk ; land owner was unsuccessful in resuming land under Section 14 (as it then stood) of the Karnataka Land Reforms Act and application filed by him in Form No. 7 is pending consideration by Laud Tribunal, Hubli ; having regard to all these circumstances action taken to acquire, treating it as belonging to contesting respondent by Competent Authority under Urban Land (Ceiling and Regulation) Act (hereinafter referred to as the 'Coiling Act') and also order of Special D...