Karnataka Court April 1994 Judgments
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State of Karnataka, Etc. Vs. H.S. Revanasiddappa, Etc.
Court: Karnataka
Decided on: Apr-15-1994
Reported in: 1994(2)ALT(Cri)477; 1994CriLJ2928; ILR1994KAR1542; 1994(2)KarLJ482
Krishnan, J.1. An identical question of law arises for consideration in these two appeals, they are being disposal of by this common Judgment. 2. Criminal Appeal No. 593/90 is directed against the permission granted by the JMFC, Chitradurga, in C.C. No. 23/85 for compounding an offence under section 380 of the Indian Penal Code and consequent order of acquittal and Criminal Appeal No. 214/91 is directed against the permission granted by JMFC, Nelamangala, in C.C. No. 111/88 for compounding an offence under section 326 of the Indian Penal Code and the consequent order of acquittal. 3. The State has challenged the orders in these two cases on the ground that the offences with which the accused had been charged in these cases were non-compoundable ones and the learned Magistrate had no jurisdiction to accord permission to compound the said offences and therefore, the entire procedure adopted by the learned Magistrates is illegal and the permission granted to compound the offence and the c...
Management of Visl Vs. Presiding Officer and anr.
Court: Karnataka
Decided on: Apr-15-1994
Reported in: 1994(3)KarLJ110; (1995)ILLJ196Kant
ORDER1. The petitioner in this writ petition has sought for quashing the award dated July 20, 1987 published in the Gazette dated August 22, 1987 produced at Annexure-A.2. The brief facts of the case are as under:-The VISL is a Company registered under the Companies Act It has set up its factory for manufacturing of Iron and Steel Products, at Bhadravathi. It has taken some mines on lease from the State Government. One such mine is at Bilikllabetta and it is known as Bilikllabetta Quartz Mines (hereinafter referred as B.B. Mines).3. For mining operations contractors were appointed from time to time. The contractors in turn engaged labourers. Sri Puttaiah, T and Sri Chennakeshava are the contractors extracting the work in the Mines, engaged 185 workers and they used to pay Rs. 4/- for male workers and Rs. 3/- for female workers per day from the year 1975 till March 31 of 1983. The Mines Employees Association raised a dispute for higher wages. It was referred to the Industrial Tribunal a...
Workmen of Kampli Co-operative Sugar Factory Ltd. Vs. Mgt. of Kampli C ...
Court: Karnataka
Decided on: Apr-15-1994
Reported in: (1995)ILLJ727Kant
Tirath Singh Thakur, J.1. The petitioner is a registered trade union. It was recognised by management of the respondent Kampli Co-operative Sugar Factory Limited, by an order dated January 30, 1978 and directed to follow the code of discipline.2. By two letters dated October 23, 1984, and November 23, 1984 the secretary of the respondent-society asked the petitioner-union to supply a list of its membership failing which the recognition of the petitioner was to be cancelled. Instead of supplying the list asked for, the petitioner wrote back to say that the matter had been referred to its legal adviser and that the details shall be conveyed after an opinion is received from him. The respondent, thereupon served a show-cause notice to the petitioner calling upon him to explain as to why should the union be not derecognised. Having invoked no response from the petitioner, another notice was served upon it on December 26/27, 1984, giving one more opportunity to the petitioner to furnish the...
Vishveswaraiah Vs. Usha Subbarao
Court: Karnataka
Decided on: Apr-15-1994
Reported in: II(1994)DMC360; ILR1994KAR1295
Vasanthakumar, J.1. Dr. N.S. Nanjundiah died on 28.7.38, leaving behind his wife Nadiga Nanjamma and five sons by name B.N. Subbarao, B.N.Viswesariah, B.N.Rama Rao, B.N. Ganesh Rao, B.N. Shankar, out of whom as on the date of presentation of this Original Suit Number 10555/80, two sons by name B.N. Subarao, B.N. Shankar had expired. The suit was filed by Usha Subba Rao wife of late B.N. Subba Rao who is the plaintiff and Nadiga Nanjamma and her three surviving sons are defendants, Defendants one to four in the original cause.2. Few facts to state are:Plaintiff has sought partition of suit schedule properties on the assumption that suit schedule properties as being the self acquired properties of her late father-in-law namely Dr. N.S. Nanjundiah and that her late husband B.N. Subba Rao having succeeded to the Estate by virtue of he being the legal heir to whom 1/5 share was devolved after the death of Dr. N.S. Nanjundiah. Further plaintiff has pleaded that by virtue of the Will executed...
G. Gangappa Vs. H.S. Rajanna
Court: Karnataka
Decided on: Apr-15-1994
Reported in: ILR1994KAR2036; 1994(2)KarLJ708
Murgod, J.1. This Appeal comes before the Division Bench on a Reference under Section 6 of the Karnataka High Court Act, 1961 by order dated 5-8-1991 passed by Learned Brother Murlidher Rao, J.2. The circumstances leading to the Reference are as under:-The appellant, a money-lender, advanced a loan under a Promissory Note to the defendants on 22-7-1974. He obtained a money-lenders licence from the Registrar of Money Lenders, on 22-10-1975 with an endorsement that 'the licence shall be valid from 1 -1 -1974 upto 31st December, 1975'. He filed Original Suit No. 83 of 1977 in the Court of Principal Munsiff, Tumkur on 14-4-1977 with licence Ex.P.5 with the above endorsement. The learned Munsiff decreed the suit, but the Lower Appellate Court in Regular Appeal No. 85 of 1979 reversed the judgment and decree of the learned Munsiff and dismissed the suit holding that under Section 10 of the Karnataka Money Lenders Act, 1961 (herein after referred to as the Act') there was no power in the Auth...
Workmen of the Kampli Co-operative Sugar Factory Ltd. Vs. Management o ...
Court: Karnataka
Decided on: Apr-15-1994
Reported in: ILR1994KAR1566; 1995(1)KarLJ554
Tirath Singh Thakur, J.1. The petitioner is a registered Trade Union. It was recognised by the Management of the Respondent - Kampli Co-operative Sugar Factory Limited, by an order dated 30th January, 1978 and directed to follow the Code of Discipline.2. By two letters dated 23rd October 1984 and 23rd November, 1984, the Secretary of the Respondent-Society asked the petitioner-Union to supply a list of its Membership failing which the recognition of the petitioner was to be cancelled. Instead of supplying the list asked for, the petitioner wrote back to say that the matter had been referred to its Legal Adviser and that the details shall be conveyed after an opinion is received from him. The Respondent, thereupon served a show cause Notice to the petitioner calling upon him to explain as to why should the Union be not derecognised. Having invoked no response from the petitioner, another notice was served upon it on the 26th/27th of December, 1984 giving one more opportunity to the peti...
Management of Visl Vs. Presiding Officer
Court: Karnataka
Decided on: Apr-15-1994
Reported in: ILR1994KAR1919
ORDERShivappa, J.1. The petitioner in this Writ Petition has sought for quashing the award dated 20-7-1987 published in the Gazette dated 22-8-1987 produced at Annexure-A.2. The brief facts of the case are as under: -The VISL is a Company registered under the Companies Act. It has set up its factory for manufacturing of Iron and Steel Products, at Bhadravathi. It has taken some mines on lease from the State Government. One such mine is at Bilikllabetta and it is known as Bilikllabetta Quartz Mines (hereinafter referred as B.B.Mines). 3. For mining operations contractors were appointed from time to time. The contractors in turn engaged labourers. Sri Puttaiah. T and Sri Chennakeshava are the contractors extracting the work in the Mines, engaged 185 workers and they used to pay Rs. 4/- for male workers and Rs. 3/- for female workers per day from the year 1975 till 31st of March, 1983. The Mines Employees Association raised a dispute for higher wages. It was referred to the Industrial Tri...
Basappa Dattu Hegade Vs. State of Karnataka
Court: Karnataka
Decided on: Apr-13-1994
Reported in: 1994(2)ALT(Cri)678; 1994CriLJ1602; II(1994)DMC653; 1994(2)KarLJ538
1. This appeal is preferred against the judgment dated 29-6-1992 passed by the III Additional Sessions Judge, Belgaum, in S.C. No. 102/1990 convicting the appellant-accused No. 1 for offences under sections 498A and 306, I.P.C. He was sentenced to undergo R.I. for a period of 7 years for the offence under S. 306, I.P.C. and for a period of 2 years for the offence under S. 498, I.P.C. The learned Sessions Judge has directed that the sentences imposed should run concurrently.2. The allegation against the appellant-A1, his mother Putalavva, A2, and his brother Parasappa, A3, is that they subjected deceased Shrimanthi, wife of the appellant, to cruelty and that they abetted the commission of suicide by her on 3-7-1989 at Bastawad village, by jumping into a well. A2 and A3 have been acquitted.3. The appellant married Shrimanthi on 26-5-1986 at Bastawad and she had given birth to 2 female children viz., Vidya and Veena. Vidya was aged about 2 years and Veena was 8 months old at the time of i...
Tracstar Investments Pvt. Ltd. Vs. Deputy Commissioner of Commercial T ...
Court: Karnataka
Decided on: Apr-13-1994
Reported in: ILR1994KAR1181
Shivaraj Patil, J.1. The petitioner has filed this writ petition praying for the following reliefs; (1) To issue a writ/order in the nature of certiorari quashing the notice issued by the first respondent under section 14 of the Karnataka Sales Tax Act, 1957, dated December 13, 1993 and December 16, 1993 (annexures A and B). (2) To declare that the second respondent is not obliged to make any payment in future in view of sub-section (5) of section 14 of the Act. (3) Grant such other relief or reliefs as this honourable Court may deem fit in the circumstances of the case. 2. The material averments made in the writ petition are : Notices under section 14 of the Karnataka Sales Tax Act, 1957 (for short 'the Act') were issued by the first respondent to the second respondent to pay money due or may become due to the petitioner to the department. Section 14 of the Act provides for the recovery of tax from the debtors of the defaulter-dealers and the proceedings are in the nature of garnish...
M.L. Nagaraj Vs. State of Karnataka
Court: Karnataka
Decided on: Apr-13-1994
Reported in: ILR1994KAR1588; 1995(1)KarLJ576
Shivappa, J.1. These three matters pertain to the Nurserymen Co-operative Society Limited, Lalbagh, Bangalore. In these Petitions the order of supersession, election to the Board of Directors and inclusion of new members to the Society are under challenge.2. Since common questions of law and facts arise in these Petitions they are clubbed and heard together and common Order is passed.3. The facts in brief are :-The Nurserymen Co-operative Society Limited, Lalbagh, Bangalore (hereinafter referred to in short as 'Society') has got State-wide jurisdiction to promote nursery to safeguard the interest of nurserymen and seeds men and also to promote and encourage development of Horticulture and nursery business in the State. The Society had only 57 members initially who were all professional men who fulfilled the conditions of Bye-law which reads as under: -'The membership of the Society shall be open only to those who are by profession nurseryman and seedsman in the State and such a person ...
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