Karnataka Court September 1987 Judgments
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Karnataka State Road Transport Corporation Vs. K.C. Mudalagiriyappa
Court: Karnataka
Decided on: Sep-18-1987
Reported in: ILR1987KAR3475
Shivashankar Bhat, J.1. The dispute pertains to direct recruitment to the post of Assistant Traffic Inspectors, Class-III, under the appellant-Karnataka State Road Transport Corporation ('Corporation' for short).2. The substance of the reliefs sought by the Writ petitioners (who are respondents in these appeals,) is to appoint them as Assistant Traffic Inspectors (Class-III) - (for short, 'ATI') with effect from the date each of them ought to have been appointed, if appointments had been made in accordance with the Karnataka State Road Transport Corporation Cadre & Recruitment Regulation's, 1968 (referred, hereinafter as the 'Regulations'). One of the petitioners sought a direction to the respondent (i.e., appellant in these appeals) to publish a list of the total number of vacancies that existed when the petitioner was selected for the post of ATI as also the number of vacancies that arose subsequently till date. A few have sought the quashing of the Resolution No. 4076 dated 9/10-3-1...
Mallamma Vs. Nanjamma and ors.
Court: Karnataka
Decided on: Sep-17-1987
Reported in: AIR1988Kant225
Chandrakantaraj Urs, J.1. This appeal is by the 1st plaintiff. She is aggrieved by the dismissal of her claim for partition and separate possession of the suit schedule properties. The facts pleaded in this appeal. may be briefly, stated and they are as follows, and in the course of this order, we will refer to the parties by the ranks assigned to them in the trial Court.2. 1st plaintiff and 2nd plaintiff her daughter, averred that they are the members of a joint family consisting of the deceased husband of the 1st plaintiff and defendant I who died during the pendency of the suit in the trial Court. They claimed that in terms of the Hindu Womens Right to Properties Act of 1933 of the erstwhile Mysore State, the is plaintiff was entitled to get 1/2 share of what her husband would have got at a notional partition just before his death and, therefore, she was entitled to get 1/4th share of the suit schedule properties, while the 2nd plaintiff her married daughter who at the time of the d...
Town Municipal Council, Chickmagalur Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Sep-17-1987
Reported in: AIR1988Kant207; 1988(1)KarLJ11
ORDER1. The petitioner Town Municipal Council, Koppa, Chickmagalur district, has presented this petition praying for quashing the award made by the Land Acquisition Officer, Chickmagalur, as also the order made by the Civil Judge, Chickmagalur, on a reference under S. 18 of the land Acquisition Act.2. The facts of the case, in brief, are as follows :Land bearing Sy. Nos. 81 and 83 of Koppa village, Chickmagalur district, belonged to one Smt. Sharadamma. The said survey numbers measure 3 acres 25 guntas and 3 acres 31. guntas respectively. They were acquired under the provisions of the Land Acquisition Act, at the instance of the petitioner Town Municipal Council, Koppa After following- the prescribed procedure under the relevant provisions of the Land Acquisition Act, the Land Acquisition Officer and the Assistant Commissioner, Chickmagalur Sub-Division, Chickmagalure, made an award for payment of compensation at the rate of Rs. 5.500/- per acre which worked out to Rs. 40,700/-. The aw...
Srinivas Chitra Mandira Vs. Government of Karnataka
Court: Karnataka
Decided on: Sep-17-1987
Reported in: ILR1988KAR1431; 1987(3)KarLJ350
ORDERK.A. Swami, J.1. In W.P. No. 11562/87, the petitioner has sought for the following reliefs :'1) This Hon'ble High Court may be pleased to declare and strike done the expression 'before the date of commencement of the Karnataka Cinemas (Regulation) (Amendment) Rules, 1978 (hereinafter in this Rule referred to as the Amendment Rules)' in Rule 105(1) as null and void for want of previous publication.2) This Hon'ble High Court may be pleased to issue a Writ of mandamus or a direction in the nature of a Writ of mandamus directing the respondent to apply Rule 105 of the Rules without reference to the expression 'before the date of commencement of the Karnataka Cinemas (Regulation) (Amendment) Rules, 1978' on the ground that Rule 105(1) has referred to non-existent Rules.'a) This Hon'ble High Court may be pleased to declare and strike down the expression 'before the date of commencement of the Karnataka Cinemas (Regulation) (Amendment) Rules, 1978 (hereinafter in this rule referred as th...
Sri Ananteshwara and Chandra-mouldeshwara Temple Vs. the Dy. Commissio ...
Court: Karnataka
Decided on: Sep-14-1987
Reported in: AIR1989Kant57
ORDER1. Petitioners are the Trustees of a Temple situated in Udupi. They challenge the letter of the 2nd respondent issued to the Ist respondent. In this, the 2nd respondent stated that he was not recognising the present Trustees as Trustees of the temple. He says that, on 10- 11-1986, proper publication before the constitution of the Board of Trustees, was suggested and that Several devotees have complained about the election of these Trustees as illegal. Therefore, 2nd respondent slated that for the purpose of constituting a fresh Board of Trustees, the meeting of the devotees may be called for which he directed wide publicity as suggested therein. Copy of this letter dated 28-2-1987 was enclosed by the Ist respondent to his letter dt. 6-3-1987 addressed to the Managing Trustee. The 1st respondent pointed out the expectations expressed by the 2nd respondent in his letter about due publicity for election of Trustees and sought compliance with the same.2. Petitioners question these dir...
Ningappa Ramachandra Gurav Vs. State of Karnataka
Court: Karnataka
Decided on: Sep-14-1987
Reported in: ILR1988KAR1348
ORDERBopanna, J.1. These petitions raise a question of considerable importance to the proper working of the Mandal Panchayats constituted under the provisions of the Karnataka Zilla Parishads, Taluka Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (in short called as the Act) and the Rules framed thereunder.2. Various contentions have been taken by the petitioners in these petitions challenging the validity of the nominations made by the Zilla Parishads under the provisions of Section 5(3) of the Act. They have questioned not only the validity of the nominations but also the eligibility of the candidates who were nominated oh the ground that those candidates do not satisfy the criteria of backwardness as defined in the Act.3. In the course of the arguments by the learned Counsel for the petitioners, it was observed by this Court that a preliminary issue touching the jurisdiction of the Adhyaksha of the Zilla Parishads to make nominations under Section 5(3) of the A...
M.H. Devendrappa Vs. Karnataka State Small Industries Development Corp ...
Court: Karnataka
Decided on: Sep-10-1987
Reported in: ILR1988KAR950; 1988(1)KarLJ136; (1988)IILLJ12Kant
1. Two main charges, amongst others, framed against the petitioner in a departmental enquiry were : '1. Mr. M. H. Devendrappa has written a letter dated 3rd June, 1977, directly to the Governor of Karnataka pointing out the mismanagement in KSIDC. Being an employee of the Corporation, he cannot address letter to the Government or Governor directly without permission of the management, which amounts to violation of rule 22 of the Service Rules of the Corporation, viz., misconduct, knowingly done things detrimental to the interest and prestige of the Corporation. 2. Sri M. H. Devendrappa has issued a press statement in Samyuktha Karnataka, Kannada daily, dated 31st December, 1977 attributing motives to the then Chairman, Mr. S. C. Venkatesh, and welcoming his dismissal from the Presidentship of Bangalore District Congress Committee. Being an employee of the Corporation, he cannot issue a press statement of political nature or indulge in political activities, which amounts to gross misco...
Bangalore Timber Industries and others Vs. Madras Sapper Ex-servicemen ...
Court: Karnataka
Decided on: Sep-10-1987
Reported in: [1990]68CompCas641(Kar)
ORDERP.P. Bopanna, J.1. This company petition is filed by the creditors of an unregistered company which is carrying on business under the name and style of madras Sapper Ex-Servicemen's Rehabilitaton Association. There are six petitioners and all are creditors of this unregistered company (hereafter referred to as ``the company'')2. Petitioner No. 1 is the creditor of the company in a sum of Rs. 16,11,908.51,petitioner No. 2 is the creditor of the company in a sum of Rs. 1,72,949.03,petitioner No. 3 is the creditor in a sum of Rs. 7,80,284.94, petitioner No. 4 is the creditor in a sum of Rs. 1,98,752.79 and petitioner No. 6 is the creditor in a sum of Rs. 1,46,042.78. This, in all, an aggregate amount of Rs. 33,49,262.58 is admittedly due from the company to these petitioners since 1984.3. The case of the petitioners is that these amount have been outstanding in spite of repeated demands and, therefore, they are entitled to 12% interest on the amounts due to them from the respective d...
G.K. Kantharaja Setty Vs. State of Karnataka and anr.
Court: Karnataka
Decided on: Sep-09-1987
Reported in: ILR1987KAR3653
Shivashankar Bhat, J.1. The petitioner is the father of the detenu - G. K. Nagaraj. By an order dt. 18-2-1987 made under section 3(1)(iv) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act) the said Nagaraj was detained by the Government of Karnataka. The grounds of detention may be summarised thus :- 2. On 17-11-1987 Officers of the Directorate of Revenue Intelligence (DRI) having gathered information that the detenu was likely to dispose of foreign marked gold in Chickpet area of Bangalore, shadowed his movement and apprehended him at 13.30 hours near the Avenue Road, Chickpet Circle. In the presence of the witnesses, the detenu admitted having possessed foreign marked gold. In view of the large crowd gathered at the said public spot, the Officers took him to their office at Indira nagar along with some witnesses. In the office of the DRI at Indira nagar, the detenu was searched and 8 gold biscuits with foreign markings kept in the ...
S.R. Rangappa Vs. Girijakumar
Court: Karnataka
Decided on: Sep-08-1987
Reported in: ILR1987KAR3273; 1987(3)KarLJ630
ORDERBopanna, J.I.A.No. I is allowed. The applicant is permitted to come on record as additional respondent.2. This petition raises an interesting question touching the right of a member of a committee under the control of the State Government to contest the elective posts under the provisions of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (in short 'the Act'). This Act contains certain provisions prescribing certain disqualifications for seeking the membership of the Mandal Panchayat/Zilla Parishad. We are concerned with the case of disqualification for being chosen to be nominated and for being a member of the Mandal Panchayat. Under Section 11(j) of the Act a person who holds any office of profit under the Government of India, or the Government of Karnataka or the Government of any other State in India or of any local or other authority subject to the control of and of the said Governments other than such offices as are d...
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