Karnataka Court April 1993 Judgments
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Khaja Education Society and Others Vs. the State of Karnataka and Anot ...
Court: Karnataka
Decided on: Apr-20-1993
Reported in: AIR1993Kant306; ILR1993KAR1283; 1993(2)KarLJ129
ORDER1. In these petitions under Art. 226 of the Constitution, the petitionershave sought for quashing the Government Order No. FD.19.TEC 91 dated 7-5-1991 governing admission to private Engineering Colleges and also the Government Order bearing No. MED.166.HFW.91 dated 25-5-1991 relating to admission to 1st M.B.B.S. in private Medical Colleges. They have also sought for quashing the communication bearing No.DTE.9/ACN 1/91 dated 16-5-1991 issued by the Director, Technical Education.2. In addition to this, in W.P. Nos. 13687 to 13689 of 1991 (Engineering), W.Ps. 14001 to 14007/91, W.Ps. 14055 and 14056/91, W.P. 14716/91 and W.P. 14506/91 the petitioners have sought for a declaration that the provisions contained in the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984, (hereinafter referred to as 'the Act') are unconstitutional and to strike down the same. To be specific in W.P. Nos. 14001 to 14007/91 the petitioners have prayed for declaring Section 4(2) of t...
Dr. B.N. Prashanth Vs. Chairman, Graduate Entrance Test Committee
Court: Karnataka
Decided on: Apr-20-1993
Reported in: ILR1993KAR1391; 1996(5)KarLJ279
Shivashankar Bhat, J. 1. The Appellant in the Writ Appeal and the Petitioner in the Writ Petition applied for admission to the Post Graduate Degree Courses in Medical Sciences. For the sake of convenience, the facts relating to the Writ Appeal would be stated. The appellant appeared for the entrance examination held in connection with the selection to the Post-Graduate Degree in Medical Sciences, in April 1992. The petitioner had chosen the subject of General Surgery for his Post Graduate studies in his application form. He had not mentioned any other subject though the application provides for ten choices. Similarly, in the application form, he had mentioned only Code 'A' (Bangalore Medical College) as the College of his choice without mentioning any other Code. In other words, he had not mentioned any other College of his choice for his studies. In the entrance examination, the petitioner secured 30th rank out of 2251 candidates. However, the petitioner was not selected to the course...
indo NissIn Foods Ltd. Vs. Union of India
Court: Karnataka
Decided on: Apr-19-1993
Reported in: 1993(43)ECC174; 1993LC48(Karnataka); 1993(68)ELT292(Kar); ILR1993KAR1548
ORDERShivashankar Bhat, J.1. The first petitioner is the Company, of which the second petitioner is a share holder and Director. The petitioners challenge the assessment order marked Annexure-C which is made on the Bill of Entry for home consumption under the provisions of the Customs Act, 1962, (`the Act' for short). 2. The first relief sought is for a direction to respondents-5 and 6 to disclose the date on which the official gazette dated 15-12-1990, containing Notification 285 and 286/90 was put on sale to the public. There is also a prayer to declare Section 15 of the Act, in so far as it permits the levy and collection of import duty based on the rate of duty prevailing at the time of filing of the Bill of Entry, as ultra vires the provisions of Entry 83 of List I to the Seventh Schedule to the Constitution of India. Another relief sought is for a direction to allow the refund application of the first petitioner. 3. The relevant facts are that the first petitioner is a manufactur...
State Vs. N. Somasekhar
Court: Karnataka
Decided on: Apr-19-1993
Reported in: 1993(2)ALT(Cri)214; ILR1993KAR1527; 1992(2)KarLJ227
ORDERJagannatha Hegde, J.1. This is an application filed by the State under Section 482 Cr.P.C. challenging an order dated 11.1.1993 passed by the learned II Addl. Sessions Judge, Mysore, in Sessions Case No. 101/91 rejecting the application of the prosecution to permit the prosecution to put any questions to Dr. Vishnumurthy, PW-20 and Dr. Shenoy, PW-32 which might be put in cross-examination by the adverse party.2. The learned Sessions Judge after hearing both sides has rejected this application. It is settled law that Section 154 of the Evidence Act empowers the Court to permit a person, who calls a witness, to put questions to him which might be put in the cross-examination at any stage of his cross-examination, provided it takes care to give an opportunity to the accused to cross- examine him on the answers elicited which do not find place in the examination in chief (see:) : 1964CriLJ472 Dahyabhai Chhaganbhai Thakkar v. State of Gujarat. A party will not normally be allowed to cr...
Sree Visalam Chit Fund Ltd. Vs. K. Raja Reddy
Court: Karnataka
Decided on: Apr-16-1993
Reported in: ILR1993KAR1361; 1993(2)KarLJ663
ORDERVasanthakumar, J 1. This Civil Revision Petition is directed against the Judgment and decree dated 12.3.1991 passed in S.C.No.76/88 by by the Court of. the Addl. Small Causes Judge, Bangalore. 2. The suit is filed by a limited Company under the name of Sree Visalam Chit Fund Ltd, incorporated under the Indian Companies Act for recovery of balance of subscription amount due by the defendants-1 to 3 under the contract documents entered into between the parties. 3. In pursuance of suit summons issued, first and third defendants after due service of suit summons have remained absent and they were placed ex parte. Second defendant after having entered appearance in the suit proceedings neither filed written statement nor participated in the proceedings and the Court placed him also exparte. Plaintiff instead of adducing oral and documentary evidence, has filed an affidavit by way of evidence in respect of the averments contained in the plaint. The Court after perusal of the affidavit a...
Smt. Sakamma and Another Vs. Karnataka State Road Transport Corporatio ...
Court: Karnataka
Decided on: Apr-15-1993
Reported in: 1994ACJ1266; [1994]79CompCas478(Kar)
S. Venkataraman, J.1. On January 10, 1989, the Karnataka State Road Transport Corporation bus bearing No. MEF. 1572 which was proceeding from Mangalore to Kundapur dashed against the bridge known as Pangala Bridge in Udupi taluk and thereafter the bus fell into the river. In that accident one Raju was killed and Smt. Sakamma sustained injuries. The mother of the deceased, Raju, filed a petition in M.V.C. No. 1145 of 1989, before the Motor Accidents Claims Tribunal, Mangalore, claiming a compensation of Rs. 3 lakhs for the death of her son. Smt. Sakamma filed a claim petition in M.V.C. No. 1146 of 1989 claiming a compensation of Rs. 1,00,000 for the injuries sustained by her. As both the claim petitions had been filed beyond 6 months from the date of the accident, an application for condonation of delay had been filed by the respective claimants. 2. In the Janatha Nyayalaya (Lok Adalath) held in Mangalore both the above cases were settled and compromise petitions signed by the advocates...
Smt. Sakamma and anr. Vs. Karnataka State Road Transport Corporation
Court: Karnataka
Decided on: Apr-15-1993
Reported in: I(1994)ACC112; [1995]84CompCas688(Kar); ILR1993KAR1959
S. Venkataraman, J.1. On January 10, 1989, the Karnataka State Road Transport Corporation bus bearing No. MEF. 1572 which was proceeding from Mangalore to Kundapur dashed against the bridge known as Pangala Bridge in Udupi taluk and thereafter the bus fell into the river. In that accident one Raju was killed and Smt. Sakamma sustained injuries. The mother of the deceased, Raju, filed a petition in M.V.C. No. 1145 of 1989, before the Motor Accidents Claims Tribunal, Mangalore, claiming a compensation of Rs. 3 lakhs for the death of her son. Smt. Sakamma filed a claim petition in M.V.C. No. 1146 of 1989 claiming a compensation of Rs. 1,00,000 for the injuries sustained by her. As both the claim petitions had been filed beyond 6 months from the date of the accident, an application for condonation of delay had been filed by the respective claimants.2. In the Janatha Nyayalaya (Lok Adalath) held in Mangalore both the above cases were settled and compromise petitions signed by the advocates ...
Jyothi Home Industries Etc. Vs. Regional Provident Fund Commissioner
Court: Karnataka
Decided on: Apr-15-1993
Reported in: 1993(2)KarLJ475; (1994)ILLJ49Kant
1. All these writ appeals are preferred against the Order dated January 22, 1993 passed by the learned Singe Judge in W.P. Nos. 25471 and 25472 of 1990 and other writ petitions. Except Writ Appeal Nos. 681 and 682 of 1993, which are preferred by the respondents in the writ petitions, all other writ appeals are preferred by the petitioners in the writ petitions. Hence all the writ appeals are heard together and are disposed of by this common judgment. 2. In the writ petitions, the petitioners sought for a declaration that Para 26(1)(a) of the Employees' Provident Fund Scheme 1952 (hereinafter referred to as 'the Scheme') as amended by the Notification No. S-35012/90-SS.II dated October 19, 1990 is ultra vires being beyond the scope of the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act'). The petitioners challenged the aforesaid Notification dated October 19, 1990 on another ground viz., that it was not placed befor...
Corporation of the City of Bangalore Vs. Doddaiah
Court: Karnataka
Decided on: Apr-15-1993
Reported in: [1994(68)FLR246]; ILR1993KAR1421; 1993(2)KarLJ158
Shivashankar Bhat, J.1. The Writ Appeal is filed against an Interim Order made in Writ Petition No. 28349/1992. The Interim Order made in the Writ Petition on 22nd September, 1992 stated that the reversion of the petitioner Doddaiah from the present post was stayed thereby. The post in question was II Grade Revenue Inspector. It seems this Order was not given effect to, on the ground that the Stay Order issued by this Court had become infructuous by the time it was communicated. Therefore, the petitioner filed I.A.II. The learned Single Judge made an order on 8th December, 1992 stating that the petitioner is entitled to be posted as II Grade Revenue Inspector in any of the Divisions within the Corporation of the City of Bangalore. In view of the Interim Order made earlier, the learned Single Judge also referred to the observation made by the Counsel for the Corporation that as on the date when the Interim Order was made, the petitioner had already been reverted. Obviously, because of t...
Jyothi Home Industries Vs. Regional Provident Fund Commissioner
Court: Karnataka
Decided on: Apr-15-1993
Reported in: ILR1993KAR1714
K.A. Swami, Ag. C.J.1. All these Writ Appeals are preferred against the Order dated 22,1.1993 passed by the learned Single Judge in W.P.Nos.25471 and 25472 of 1990 and other Writ Petitions. Except Writ Appeal Nos.681 and 682 of 1993, which are preferred by the respondents in the Writ Petitions all other Writ Appeals are preferred by the petitioners in the Writ petitions. Hence all the Writ Appeals are heard together and are disposed of by this common Judgment. 2. In the Writ Petitions, the petitioners sought for a declaration that Para 26(1)(a) of the Employees' Provident Funds Scheme 1952 (hereinafter referred to as the 'Scheme') as amended by the Notification No. S-35012/90-SS.II dated 19.10.1990 is ultra vires being beyond the scope of the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the 'Act'). The petitioners challenged the aforesaid Notification dated 19.10.1990 on another ground viz., that it was not placed before...
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