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Karnataka Court February 1995 Judgments

Feb 03 1995

Abdul Gani Vs. State of Karnataka

Court: Karnataka

Decided on: Feb-03-1995

Reported in: 1995CriLJ2248; ILR1995KAR949; 1995(3)KarLJ109

Mirdhe, J. 1. This criminal appeal is preferred against the Judgment dated 24-3-94 passed by the I. Addl. Sessions Judge, Belgaum, in S.C. 131/93 convicting the appellant-accused for the offence punishable under Sec. 302, I.P.C., and sentencing him to undergo life imprisonment. 2. We have heard the learned counsel for the appellant-accused Sri. R. B. Deshpande and the learned Addl. S.P.P. Sri Jadav for the State fully and perused the records of the case. 3. The case of the prosecution is as follows :- That deceased Hasina was married to accused No. 1 on 26-12-92 and thereafter she started leading marital life with accused No. 1 at Kudachi and accused Nos. 2 to 7 were also living in the same house with the deceased and accused No. 1 at Kudachi, that Hasina was 18 years old and the appellant was old compared to her and he was stammering and therefore, Hasina was not happy with him and was refusing to give him company and A-1 to A-7 were angry with her on the ground that she failed to bri...

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Feb 03 1995

K.S. Prabhakar, K.A.S. Vs. M/S Bhandra Shahakari Sakkare Karkhane Niya ...

Court: Karnataka

Decided on: Feb-03-1995

Reported in: 1995(2)ALT(Cri)397; 1995CriLJ2289; ILR1995KAR855; 1995(3)KarLJ85

ORDER1. In this petition the petitioner questions the legality and propriety of the order dated 23-2-1994 passed by the learned Judicial Magistrate First Class, Davanagere in PCR No. 28/92 (CC No. 1043 of 1994) registering a case under Section 409 I.P.C. against him and issuing summons to him for the said offence. 2. Brief facts are that during the years 1987 to 1992 the petitioner was working as the Managing Director in the respondent-society. During the year 1988 the Deputy Commissioner, Chitradurga was appointed as the Special Officer to exercise the powers and functions of the committee of the Management of the society as it had been superseded under Section 30A of the Karnataka Co-operative Societies Act. The petitioner who was the Managing Director was transferred as Deputy Secretary of Zilla Parishad at Raichur in the year 1991 and in his place one Sri. Umapathi was posted. However that order of transfer was cancelled on 29-6-1991 by the Government. Apprehending some move by Sri...

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Feb 03 1995

V. Radhamma Vs. Management of Bharath Matha Watch Assembly Ancillary U ...

Court: Karnataka

Decided on: Feb-03-1995

Reported in: [1995(71)FLR364]; ILR1995KAR605; 1995(2)KarLJ79

ORDERG.T. Nanavati, C.J. 1. By this application filed under Sections 11 and 12 of the Contempt of Courts Act, 1971, the applicant-Union representing the workmen-moves this Court to initiate contempt proceedings against the opposite party - employer - on the ground that the employer has wilfully disobeyed the order passed by this Court on July 27, 1994 in Writ Petition No. 2697 of 1993. In that petition the employer has challenged the award passed by the Industrial Tribunal directing reinstatement of the workmen. This Court, while staying operation of the award pending final decision of the petition, had directed the employer to comply with the provisions of Section 17B of the Industrial Disputes Act. Three weeks time was granted to comply with the same. 2. What is contended on behalf of the applicant is that even though the workmen have filed affidavits stating that they were not gainfully employed during the relevant period, the employer is not paying them their wages and thus it has ...

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Feb 03 1995

Susheela B. Bhakta and anr. Vs. Karnataka State Road Transport Corpora ...

Court: Karnataka

Decided on: Feb-03-1995

Reported in: 1995(4)KarLJ6; (1998)IIILLJ388Kant

G.C. Bharuka, J. 1. This writ application has been filed seeking quashing of the endorsement dated June 24, 1992 (annexure-H), by which the respondents have rejected the application of petitioner No. 2 for providing appointment on compassionate grounds and for a consequent mandamus directing therespondents to appoint her in the post of junior assistant or typist or any suitable class III post in the Karnataka State Road Transport Corporation (hereinafter for short, 'the Corporation'). 2. Petitioners Nos. 1 and 2 are respectively the wife and daughter of the late K. BhaskarBhakta, who was working as an artisan in the respondent-Corporation and died in harness on May 8, 1989. 3. Petitioner No. 2 claims that after passing her pre-university examination in 1986 she has also passed the English typewriting junior examination conducted by the Karnataka Secondary Education Examination Board. She also seems to have passed the speed test in English typewriting conducted by the Commerce Institute...

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Feb 03 1995

Vasanth Narayana Tikare Vs. Joint Director of Land Records

Court: Karnataka

Decided on: Feb-03-1995

Reported in: ILR1995KAR560; 1995(3)KarLJ481

Bharuka, J.1. The question that needs to be considered and answered in this Writ Petition is as to whether a revision can lie before the Joint Director of Land Records against an appellate order passed by the Deputy Director of Land Records in the matter of mutation of names in the City Survey records in respect of building sites under the provisions of the Karnataka Land Revenue Act, 1964 (the Act, for short) and the Karnataka Land Revenue Rules 1966 (the Rules, for short).2. Petitioner and the fourth respondent are own brothers. A house property bearing CTS No. 2999B situate in Gokak Town was ostensibly purchased by respondent No. 4 under a registered Sale Deed dated 2.12.1957 from one Sri Arjunsa Krishnasa Satapute for a consideration of Rs. 6,500/-. Since according to the petitioner the property was acquired out of the joint family funds, he filed a worthy before the respondent Assistant Director of Land Records for mutation of his name in the City Survey records to the extent of f...

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Feb 03 1995

Susheela B. Bhakta Vs. Karnataka State Road Transport Corporation

Court: Karnataka

Decided on: Feb-03-1995

Reported in: ILR1995KAR551

Bharuka, J.1. This Writ application has been filed seeking quashing of the Endorsement dated 24th June 1992 (Annexure-H) by which respondents have rejected the application of the petitioner No. 2 for providing appointment on compassionate grounds and for a consequent Mandamus directing the respondents to appoint her on the post of Junior Assistant or of Typist or to any suitable Class-III post in the Karnataka State Road Transport Corporation (hereinafter for short, 'the Corporation').2. Petitioners 1 and 2 are respectively wife and daughter of late K. Bhaskar Bhakta, who was working as an Artisan in the respondent-Corporation and died in harness on 8th May, 1989.3. Petitioner No. 2 claims that after passing her Pre-University Examination in 1986 she has also passed English Typewriting Junior Examination conducted by the Karnataka Secondary Education Examination Board. She also seems to have passed the Speed Test in English Typewriting conducted by the Commerce Institutes' Association ...

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Feb 02 1995

Hanumappa Sawkar Vs. Assistant Commissioner

Court: Karnataka

Decided on: Feb-02-1995

Reported in: ILR1995KAR1014; 1995(2)KarLJ6

ORDERHari Nath Tilhari, J1. Heard the learned Counsel for the petitioner and the learned Government Advocate; The petitioner's grievance is that, on the death of his wife namely, Smt. Shantawa moved an application for mutation under Section 128 of the Karnataka Land Revenue Act (hereinafter referred to as 'the Act') as he has been one of the legal heirs of Smt. Shantawa. The petitioner's case is that, the Village Accountant is the prescribed authority for the purpose of receiving the information in oral or in writing in the matters of succession and like. The petitioner's case is that, such application was moved by the petitioner in writing but the respondent No. 3 has passed an order dated 7.11.94 in Annexure-E to the Writ Petition and by that order it was observed that, in view of the Circular issued by respondent Nos. 1 and 2 the prescribed authority cannot receive the applications and the application should be moved through Tahsildar and thereby he has refused to accept the applica...

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Feb 01 1995

Canbank Financial Services Ltd. Vs. Regional P.F. Commissioner

Court: Karnataka

Decided on: Feb-01-1995

Reported in: [1995(71)FLR446]; ILR1995KAR1064; 1995(2)KarLJ395

1. In this petition the petitioner calls in question the correctness of an order dated September 16, 1993. Passed by the respondent under section 7-A of the Employee's Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act'). By the said order, the petitioner was held to be 'trading and commercial establishment' within the meaning of the said term as appearing in the notification issued by the Central Government under Section 1(3)(b) of the Act. The facts are few and may, therefore, be stated first.2. The petitioner company is a subsidiary of Canara Bank and has been incorporated with the object of carrying on business in equipment leasing and merchant banking. Besides other objects set out in its memorandum and articles of association. It claims to have employed nearly 120 persons in connections with its business for whose benefit it has framed a provident fund scheme, which is said to have been duly approved by the Commissioner of Income-tax, Bang...

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