Karnataka Court September 1994 Judgments
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Prabhu Vs. L.i.C. of India
Court: Karnataka
Decided on: Sep-28-1994
Reported in: ILR1995KAR155; 1995(4)KarLJ546
ORDERSaldanha, J 1. An Unusal issue of some importance has fallen for determination in this Petition and can briefly be summarised as follows:-'Whether in a situation where an applicant is over qualified for the post for which the application is submitted, the employing agency would be justified in rejecting the application on the ground that the qualifications required for that post were lower than what the applicant possessed and that consequently, the applicant stands disqualified.'I need to clarify that no proposition can be decided in a vaccum and that the context in which it has arisen is in relation to the recruitment to a Sub-Staff post of Peon with the Life Insurance Corporation of India. This aspect of the matter assumed some importance because the Recruitment Rules invariably prescribe certain minimum qualifications. Though some times at higher level such as in the management cadre or in the academic field, the desirability of much higher qualifications is indicated. In this...
Dr. N.M. Prasad Vs. Director, Sri Jayadeva Institute of Cardiology and ...
Court: Karnataka
Decided on: Sep-27-1994
Reported in: AIR1995Kant243; ILR1994KAR2909; 1995(1)KarLJ452
ORDERRamakrishna, J. 1. The appellant had filed W.P. No. 44138 of 1993 seeking to quash the communication No. MCI/34 (i)/93-Mad. 25059 dated 15-12-1993 issued by respondent-2 herein and to direct respon-dent-1, the Director, Sri Jayadeva Institute of Cardiology, Bangalore, to reserve one seat out of the three seats notified for selection of candidates to D.M., Cardiology course commencing from 1 -1-1994 for the Scheduled Castes and Scheduled Tribes and to admit him to the said course as against the reserved seat. He has also sought for an interim relief based on the above reliefs. That writ petition having been dismissed by the learned singleJudge by his order dated 1-3-1994, the appellant has preferred this appeal seeking to set it aside oh more than one ground taken in the appeal. The prayer in the writ appeal is as follows:--'Wherefore this Hon'ble Court may be pleased to call for records in writ petition No. 44138 of 1993 on the file of this Hon'ble Court and set aside the order da...
New Hope Granites Vs. Shri Lokanath, the Deputy Conservator of Forest, ...
Court: Karnataka
Decided on: Sep-27-1994
Reported in: ILR1994KAR2936; 1995(1)KarLJ56
M.F. Saldanha, J.1. We need to prefix this judgment with the observation that instances of object disregard of judicial orders at all levels seems to have become the order of the day as far as the State and Public authorities are concerned giving rise to a virtual multiplication of unnecessary post decisional litigation which has almost reached epidemic proportions. The problem is not acute. It is not chronic, it is virtually malignant. The question that is legitimately being posed in this situation is as to whether the law has any teeth left and the present situation appears to have stemmed from the impression of the authorities. That the law has not only lost its teeth but also its gums. It is in these circumstances that it has become necessary for us to deal at some length with this issue because this High Court alone as of now is unnecessarily over burdened with almost three thousand contempt proceedings which is a virtual national record ! 2. An impression is unfortunately current...
Mangalore Satish Beedi Works Vs. State of Karnataka
Court: Karnataka
Decided on: Sep-27-1994
Reported in: 1995(1)ALT(Cri)401; 1995(2)ALT(Cri)14; 1994(48)ECC167; 1994(74)ELT823(Kar); ILR1994KAR3458; 1995(1)KarLJ156
ORDER1. Heard learned counsel on both sides.2. The moot point involved in this case is as to whether at the fag end of the trial, the learned Magistrate was right in permitting the recall of a witness and the reopening of the evidence. The respondent authorities had prosecuted the petitioner in Criminal Case No. 107/88. This case was substantially heard and had reached the stage where the statements of the accused were almost completed. At that point of time, an application was filed praying for recall of P.W. 2 on the ground that several documents, which had been produced, had not been marked as exhibits. The contention of the prosecution was that it was very necessary to exhibit these documents and that consequently, P.W. 2 should be recalled. The learned Magistrate granted the application and it is this order that is challenged in the present revision petition.3. Learned counsel for the petitioners has submitted that it is impermissible in law to permit the reopening of the evidence...
Karnataka State Road Transport Corporation and anr. Vs. S. Karisiddapp ...
Court: Karnataka
Decided on: Sep-27-1994
Reported in: ILR1994KAR2925; 1995(1)KarLJ6
M.F. Saldanha, J.1. In the course of hearing of these two appeals, certain issues of some consequence that often arise in relation to disciplinary proceedings have fallen for determination and we do consider it imperative to lay down the principles in relation thereto. It is undoubtedly true that the immediate fall out of the imposition of a major penalty in disciplinary proceedings such as an order of dismissal or removal from service has often been interpreted in the Indian context as synonymous with economic death. The unemployment problem being what it is and the bleak possibility of re-employment in such cases being a stark reality, fervent pleas are invariably advanced that such orders be set aside on sympathetic grounds. If the case does not justify such a harsh punishment, undoubtedly, a Court will vary the order but in doing so, it is equally necessary to be guided by well defined rules of propriety rather than by emotional appeals, while it is true that even the theories of p...
Gerard Lasrado and Palini M. Lasrado Vs. Nil
Court: Karnataka
Decided on: Sep-27-1994
Reported in: I(1995)DMC224; ILR1995KAR73; 1995(2)KarLJ326
Shivaprakash, J.1. On a joint application filed under Section 28 of the Special Marriage Act, 1954 ('Act' for short) by the appellants seeking dissolution of their marriage by mutual consent, the Additional Principal Judge, Family Court, Bangalore has dismissed the petition mainly on the ground that there were no bona fides on the part of the appellants in getting their marriage registered under the Act and they obtained the registration, only with the intention of having their marriage dissolved under the provisions of the Act.2. The marriage between the appellants, who are Christians by faith, was solemnised on 26.4.1992 at St. Patrick Church in terms of the provisions of the Indian Christian Marriage Act, 1872. Subsequently, they lived together for some time and because of certain personal differences between them they started living separately.3. The fact that their marriage which was solemnised on 26.4.1992 under the provisions of the Indian Christian Marriage Act, was got registe...
Venkataramana Reddy Vs. Regional Transport Authority
Court: Karnataka
Decided on: Sep-27-1994
Reported in: ILR1995KAR287; 1995(5)KarLJ80
ORDERHari Nath Tilhari, J 1. In these two Writ Petitions, the petitioners have felt aggrieved by the Conditions to the following effect:'1. A vehicle of not more than 10 years old having seating capacity of not less than 38+2 be produced within 30 days from the date of receipt of the proceedings assigning timings by the Secretary, RTA. 2. The vehicle shall be replaced immediately after 10 years from the date of initial registration.' which has been attached with the permit that has been granted in favour of the petitioner while granting the stage carriage permit in favour of the petitioners respectively. The petitioners in these Writ Petitions have sought the quashing of these conditions and it has been submitted before me that the RTA had no jurisdiction to attach those conditions regarding the age of the vehicle or the condition to the effect that the vehicle cannot be more than 10 years old particularly when the Certificate of Fitness has been granted by the authorities under the Ac...
New Hope Granites Vs. Shri Lokanath, the Deputy Conservator of Forest ...
Court: Karnataka
Decided on: Sep-27-1994
Reported in: 1995CriLJ1545
M.F. Saldanha, J.1. We need to prefix this judgment with the observation that instances of object disregard of judicial orders at all levels seems to have become the order of the day as far as the State and Public authorities are concerned giving rise to a virtual multiplication of unnecessary post decisional litigation which has almost reached epidemic proportions. The problem is not acute. It is not chronic, it is virtually malignant. The question that is legitimately being posed in this situation is as to whether the law has any teeth left and the present situation appears to have stemmed from the impression of the authorities. That the law has not only lost its teeth but also its gums. It is in these circumstances that it has become necessary for us to deal at some length with this issue because this High Court alone as of now is unnecessarily over burdened with almost three thousand contempt proceedings which is a virtual national record!2. An impression is unfortunately current t...
S.V. Muniappa and anr. and R. Rajashekar and anr. Vs. Karnataka Slum C ...
Court: Karnataka
Decided on: Sep-23-1994
Reported in: (1995)IILLJ284Kant
ORDERM.F. Saldanha, J.1. Heard counsel on both sides. These two petitions have been pending from the year 1988. The two petitioners who claim to have been employees of the respondent- Board allege that on March 30 1988, they had addressed a notice through their advocate pointing out that injustice was done to them insofar as even though they had been employed from about the year 1985-86 that they had been on daily wages, they were not being paid salary on holidays and that they had no security of tenure. It is their case that the notice was only a demand for justice which they had every right to address. They have produced the acknowledgment that the legal notice reached the Respondent-Board on April 2, 1988. According to them, the Board hit back by immediately refusing to allow them to work. They were not given any order of termination but they were not assigned any work from that date onwards. On June 6, 1988 the petitioners addressed one more notice through their lawyers calling upo...
Robert D'Silva Vs. Deputy Commissioner
Court: Karnataka
Decided on: Sep-23-1994
Reported in: ILR1994KAR3119; 1994(4)KarLJ602
ORDERSaldanha, J. 1. Heard the learned Counsel on both sides.2. An interesting aspect of law has arisen in this Petition which concerns the deeming provision contained in Section 95(4) of the Karnataka Land Revenue Act, 1964. The statutory provision prescribes that in the event of non-action on the part of the authorities to whom an application for conversion has been submitted, that the permission is deemed to have been granted on the expiry of four months from the date on which the application has been submitted. Briefly stated, the legislative intent was to the effect that the authority must either grant or reject the permission within an outer limit of four months from the date on which it was submitted. It was quite obvious to the framers of the law that in matters relating to permission for conversion, that there is a degree of expediency involved and that therefore, a specific embargo must be embodied in the Section which enjoins the authority to decide the matter within the tim...
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