Karnataka Court November 1991 Judgments
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N. Scmasekhar Vs. State of Karnataka
Court: Karnataka
Decided on: Nov-18-1991
Reported in: ILR1992KAR754
ORDERHanumanthappa, J.1. Before filing charge-sheet a petition under Section 439 Cr.P.C. was filed before the Principal Sessions Judge, Mysore, requesting for the release of the petitioner. But the learned Sessions Judge rejected the same on the grounds that the prosecution has made out a prima facie case against the petitioner to arrive at a conclusion that there are reasonable grounds for believing that the accused is guilty of the offence of murder punishable with death or imprisonment for life and thus refused to grant bail for the following reasons:(a) That the petitioner/accused at the time of investigation threatened the material witness, viz., the then Investigating Officer; (b) That the petitioner/accused made wild allegations against the then Police Commissioner; (c) That, if the petitioner is released on bail, he being a senior Police officer may tamper with the prosecution evidence; (d) That, since the investigation is in progress, it is not proper to release him on bail. H...
Gadi Narayanappa Vs. Lakshmamma
Court: Karnataka
Decided on: Nov-15-1991
Reported in: ILR1992KAR962; 1991(4)KarLJ187
ORDERB.N. Krishnan, J. 1. The Revision Petitioner was defendant in S.C. No. 2303/82 on the file of the Court of Small Causes (SCCH-13) Bangalore. That was a suit filed by the plaintiff for ejectment of the defendant from the suit house bearing No. 402-350 situated in First Division, Yelahanka and for recovery of arrears of rent of Rs 350/-. The case of the plaintiff is that the defendant was inducted as tenant of the suit house on a monthly rent of Rs. 35/- by one P.M. Nagaraju and that Nagaraju and other members of his family had sold the said house in her favour, under a registered sale deed dated 8th April 1981 and consequent upon the said sale deed, the tenancy of the defendant was also attorned in her favour. The defendant by a notice through his Advocate had admitted that he had been inducted into possession of the house as a tenant of Nagaraju. However, he set up a title in himself and abandoned the claim of tenancy. Consequently, the plaintiff terminated his tenancy and filed t...
K. Radhika Rao Vs. State of Karnataka
Court: Karnataka
Decided on: Nov-15-1991
Reported in: ILR1992KAR1973; 1991(3)KarLJ95
ORDERShivaprakash, J. 1. This petition is taken up for final hearing at the preliminary hearing stage as it relates to the admission of a student to a professional course.2. This petition is presented by a girl student, who unsuccessfully sought admission to the first year M.B.B.S., course for the academic year 1991-92, claiming a seat reserved for persons who have participated in 'any national or international level sports or games/events in terms of Clause (c) of Sub-rule (1) of Rule 4 of the Karnataka Medical Colleges (Selection of Candidates for Admission to I M.B.B.S.) Rules, hereinafter referred to as the 'the Rules'.3. In the Petition, it is stated thus: The petitioner appeared for the I! Pre-University Examination held in the month of March, 1991 with the subjects 'Physics, Chemistry and Biology'. She was successful at the examination having secured 67.3 per cent in the optional subjects. The petitioner has secured two National awards at the sports festival for women held at Hy...
Chamundi Roller Flour Mills Ltd. Vs. Senior Regional Manager, Fci
Court: Karnataka
Decided on: Nov-14-1991
Reported in: ILR1992KAR2160; 1992(1)KarLJ579
ORDERRajendra Babu, J. 1. The petitioner was awarded a contract for purchase of various categories of wheat lying in various godowns within the State pursuant to the tender notification as per Annexure-A. Thereafter the petitioner entered into a contract with the Food Corporation of India. The petitioner not having been able to lift certain goods wrote a letter as per Annexure-D to extend the time in order to enable them to fulfill the commitments pursuant to the tender. But the respondents not having acceded to the request, proceeded to take action for forfeiting the Earnest Money deposited as per Clause (c) of Schedule II to the tender notification by a letter communicated as per Annexure-M. The petitioner in this Petition is seeking for a declaration that the action proposed to be taken as per the letter Annexure-N dated 14-6-1991 is arbitrary, illegal and void and consequently to direct the respondents to refund the earnest money deposit of Rs. 2,84,000/-.2. When a public authority...
C.K. Venkatasubba Rao Vs. B.K. Ranganath and State of Karnataka
Court: Karnataka
Decided on: Nov-14-1991
Reported in: ILR1991KAR4395; 1992(1)KarLJ455
S.P. Bharucha, C.J.1. These two Appeals arise upon the same Judgment and Order and it is convenient to dispose them of together.2. The facts that we state relate to Writ Appeal No. 390 of 1991. Those of the other Writ Appeal are similar. It appears that one C.K. Venkataramanappa, resident of Nagawara, Bangalore-560 015, had lodged a complaint with the State Vigilance Commission against the appellant, who was the Village Accountant of the Nagawara Group Panchayat, to the effect that the appellant was demanding Rs. 150/- as illegal gratification to show an official favour, viz., the change of 'katha' in respect of his brother M. Varadaraju. A trap was laid on 10th January 1986. The appellant demanded Rs. 150/- from Venkataramanappa and accepted the same as illegal gratification. On 15th January 1986 the Karnataka Lok Ayukta Act, 1984 ('the said Act' for short) came into force. On 22nd September 1986 the Upa Lok Ayukta passed an order under Section 14 of the said Act. It recorded the fact...
S.i. Vasudevan Vs. Chief General Manager
Court: Karnataka
Decided on: Nov-14-1991
Reported in: ILR1991KAR4389; 1992(1)KarLJ452
S.P. Bharucha, C.J.1. The learned Single Judge by the Order under Appeal noted that the punishment of censure which was imposed upon the appellant was in the year 1982 and thereafter it had been found that he was fit to be continued in service on the ground of meritorious service rendered by him in the year 1987. The learned Single Judge did not think that, in the circumstances, the punishment of censure had any relevance to the appellant's case for being considered for promotion in August 1986. The apprehension of the appellant being ill-founded, the petition was rejected.2. We may state that at the time of rejection of the Writ Petition, the respondents had not been given notice and they had not appeared. They have appeared before us and have filed a objection statement (respondents-1 to 3). It is contended therein that this Court had no jurisdiction to entertain the Writ Petition in as much as no part of the cause of action had arisen within its province. At all relevant times, the ...
Vasantha Industries Vs. Karnataka State Financial Corporation
Court: Karnataka
Decided on: Nov-13-1991
Reported in: [1993]76CompCas878b(Kar); ILR1991KAR4386; 1992(1)KarLJ450
S.P. Bharucha, C.J.1. This appeal is filed against the order of dismissal of the writ petition filed by the appellant.2. The appellant has filed an earlier writ petition (being W.P. No. 19269 of 1986). That writ petition was dismissed as withdrawn with an observation that the respondent (the Karnataka State Financial Corporation) would consider the appellant's application for rehabilitation of its industry in accordance with law and in accordance with the practice followed by the respondent for considering such applications.3. The application of the appellant was subsequently considered and, by a letter dated April 16, 1990, the respondent communicated to the appellant its willingness to extend rehabilitation facilities on the terms and conditions mentioned in the said letter. The appellant found those conditions unacceptable and filed the present writ petition to quash the said letter and to direct the respondent to consider the proposal for rehabilitation in the light of the directio...
Assistant Commissioner and Land Acquisition Officer Vs. Secretary, Gov ...
Court: Karnataka
Decided on: Nov-12-1991
Reported in: ILR1991KAR4288; 1992(1)KarLJ384
Venkatachala, J.1. These are Miscellaneous First Appeals of the Land Acquisition Officer, Belgaum, preferred under Section 54 of the Land Acquisition Act, 1894 ('the Act'), against the common award and separate decrees dated 19-4-1989 made by the Court of Civil Judge, Belgaum ('the Reference Court'), by which compensation for certain lands acquired under the Act has been enhanced on references made to it under Section 18 thereof.2. Material facts, which have given rise to the filing of these appeals by the Land Acquisition Officer, are these:In the year 1942, possession of about 300 acres of agricultural lands lying in the vicinity of Balekundri, Sambra and Mutage villages in Belgaum Taluk was taken for military purposes by the Air Force Station at Sambra. Eversince, the said lands had continued to be in possession of the Air Force Station and used by it for military purposes on payment of annual hire amounts to their owners. By two preliminary notifications issued under Section 4(1) o...
Regional Transport Officer Vs. A. Vinayagam
Court: Karnataka
Decided on: Nov-11-1991
Reported in: ILR1991KAR4381; 1992(1)KarLJ447
S.P. Bharucha, C.J.1. These two Appeals arise upon the common Judgment and Order delivered by the learned Single Judge upon two Writ Petitions, thereby the two Writ Petitions were made absolute and the deposits made by the Writ Petitioners in each case were directed to be refunded.2. The Writ Petitioners own tourist vehicles. They were being operated at the relevant point of time upon the authority of Special Permits issued under Section 63(6) of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act'). It was found, when the vehicles were checked by the motor vehicles authorities within the State of Karnataka, that they were carrying tourists from the State of Karnataka. The vehicles were seized on the basis of the instructions issued by the Commissioner of Transport by the Transport Authorities of the State of Karnataka and were released only upon the Writ Petitioners making certain deposits. The Writ Petitioners filed applications for refund of the deposits. After the sam...
Srimathi Kalamma Vs. Srimathi Veeramma and Others
Court: Karnataka
Decided on: Nov-08-1991
Reported in: AIR1992Kant362; I(1992)DMC564; ILR1992KAR300; 1991(3)KarLJ78
ORDERSwami, J.1. This appeal is preferred by the first defendant against the Judgment and Decree dated 5th April 1991 passed by the 10th Additional City Civil Judge, Bangalore in O.S. No. 489/1985.2. Respondents 1 to 5 are the plaintiffs 1 to 5 and respondents 6 and 7 are the defendants 3 and 4 respectively.3. Respondents 1 to 5 filed the aforesaid suit for possession of the suit schedule property bearing No. 40. Hospital Road, Civil Station, Bangalore. The defence of the appellant/first defendant was that the suit property is a family dwelling house; that she being the daughter of Sri C. R. Nagappa and deserted by her husband is entitled to have right of residence.4. The relationship between the parties is not in dispute. Plaintiff No. 1 is the widow of deceased Nagappa and plaintiffs 2 to 5 are the sons of deceased Nagappa and (he first defendant is the daughter through the first wife of Nagappa who predeceased Nagappa. Defendants 3 and 4 are the children of first defendant. The suit...
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