Karnataka Court August 1995 Judgments
New India Assurance Co. Ltd. and Others Vs. Nagarathna and Others
Court: Karnataka
Decided on: Aug-24-1995
Reported in: 1997ACJ376; AIR1996Kant396; ILR1996KAR3041; 1996(6)KarLJ77
1. Both these appeals arise out of the judgment and award dt. 25-2-1986 passed by the M.A.C.T.-I, Bangalore Rural District, awarding a compensation of Rs.83,500/- for the death of one A. E. Krishnappa, the husband of the first claimant and father of claimants 2 to 4 who are impleaded as respondents 1 to 4 in M.F.A. 1181/86 and who are the appellants in the other appeal.2. For the purpose of convenience the parties will be referred to by the rank they held in the Tribunal.3. Now there is no dispute about the facts that on 22-9-1984 when the deceased Krishnappa was going on the pillion of the motor cycle M.F.S. 8212 belonging to the first respondent and driven by the third respondent to come to Bangalore and that on theway on account of the rash or negligent driving of the motor cycle by the third respondent Krishnappa was thrown off and he sustained bleeding injuries to which he succumbed later. The Tribunal, for the purpose of determining the compensation payable, has taken the loss of...
Tag this Judgment!The State of Karnataka (Kanakagiri P.S.) Vs. Doragal Kanakappa
Court: Karnataka
Decided on: Aug-24-1995
Reported in: 1996(1)ALT(Cri)605; 1996CriLJ599; ILR1995KAR2777; 1995(4)KarLJ158
Mirdhe, J.1. This appeal is preferred by the State-appellant against the judgment dated 20-10-93 passed by the I Additional Sessions Judge, Raichur, in S.C. 58/87 acquitting the respondent-accused of the offence punishable under section 307, I.P.C. 2. Since the accused remained absent in spite of the service of notice of this appeal on him, we have appointed Sri Ramadorai, a learned Member of this Bar, as an Amicus Curaie to assist the Court and to argue the appeal on behalf of the respondent-accused. 3. We have heard the learned Additional State Public Prosecutor Sri A. B. Patil and the learned Amicus Curaie Sri Ramdorai fully and perused the records of the case. 4. The case of the prosecution is as follows :- That P.W. 1 and the respondent-accused are the native of Huli Hyder village situated in Gangavathi Taluk of Raichur District. About three months prior to the date of the incident, the respondent-accused and P.W. 1 had quarrelled when they were working as collies for human constr...
Tag this Judgment!Hubli Opticals Vs. Assistant Commissioner of Commercial Taxes, V Circl ...
Court: Karnataka
Decided on: Aug-24-1995
Reported in: ILR1995KAR3104
R.V. Raveendran, J.1. Sri S. Subbanna, learned H.C.G.P., is directed to take notice on behalf of the respondent. 2. The petitioner is a registered dealer under the Karnataka Sales Tax Act, 1957 ('the Act', for short) dealing in optical frames, spectables, etc. In regard to the period April 1, 1992 to March 31, 1993, petitioner claimed exemption from payment of all taxes, relying on Notification No. FD 72 CSL 92(XXII) dated March 30, 1992, issued by the State Government which reads as follows : 'In exercise of the powers conferred by section 8A of the Karnataka Sales Tax Act, 1957 (Karnataka Act 25 of 1957), the Government of Karnataka hereby exempts with effect from the first day of April, 1992, the tax payable under section 5 of the said Act by a dealer on the sale of spectables, sun-glasses, goggles, lenses and frames (other than those imported from outside the country).' The assessing authority (respondent) passed an order of assessment dated May 27, 1995 (annexure B) holding that t...
Tag this Judgment!Assistant Commercial Tax Officer and anr. Vs. Ruby Traders
Court: Karnataka
Decided on: Aug-24-1995
Reported in: [2003]133STC175(Kar)
M.L. Pendse, C.J.1. On September 14, 1989 at the check-post of Zalki Cross, Indi Taluk a goods vehicle bearing registration No. ADD 1132 was intercepted. The vehicle was in-charge of the driver Nagaraj. The vehicle was searched and was found to carry various quantities of goods. The duty officer called upon the driver to produce the documents for the goods found in the truck. The driver could not produce a single document. The duty officer thereupon served notice upon the driver as prescribed under Section 20-A(4) of the Karnataka Sales Tax Act, 1957 (for short 'the Act'), to show cause why penalty of Rs. 62,510 should not be levied. The statement of the driver was recorded and the driver conceded that though he contacted the transporter at Bombay he was not in a position to produce any valid document to indicate that the goods were in transit. After considering the statement of the driver the A.C.T.O. imposed a penalty of Rs. 62,510 and directed that the goods shall not be released un...
Tag this Judgment!Shripad Narayan Hegde Vs. State of Karnataka
Court: Karnataka
Decided on: Aug-24-1995
Reported in: ILR1995KAR2679; 1996(5)KarLJ641
Sadashiva, J.1. This Appeal arises from the proceedings commenced under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'Act'),2. The appellants are the purchasers of lands bearing Sy.Nos. 48 and 56 of Achanahalli Village, Sirsi Taluk, Uttar Kannada District, from the 3rd respondent. The aforesaid lands were granted in favour of the 3rd respondent by the Collector of Canara District vide his order dated 4.4.1951 on new and impartible tenure under the provisions of the Bombay Land Revenue Code. The grant was subject to the following conditions:-1) New and impartible tenure.2) Free of occupancy price.3) Free of price of revenue trees.4) Grantee should preserve all the forest trees standing in the survey numbers till they are disposed of by the Forest Department.5) They should preserve the public rights and path if any in the said lands.6) They should raise only food crops on the lands.7) The entire area...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Nagarathna and ors.
Court: Karnataka
Decided on: Aug-24-1995
Reported in: I(1997)ACC648
S. Venkataraman, J.1. Both these appeals arise out of the judgment and award dated 25.2.1986 passed by the M.A.C.T. 1, Bangalore Rural District, awarding a compensation of Rs. 83,500/- for the death of one A.E. Krishnappa, the husband of the first claimant and father of claimants 2 to 4 who are impleaded as respondents 1 to 4 in M.F.A. 1181/96 and who are the appellants in the other appeal.2. For the purpose of convenience the parties will be referred to by the rank they held in the Tribunal.3. Now there is no dispute about the facts that on 22.9.1984 the deceased Krishnappa was going on the pillion of the motor cycle M.E.S. 8212 belonging to the first respondent and driven by the third respondent to come to Bangalore and that on the way on account of the rash or negligent driving of the motor cycle by the third respondent Krishnappa was thrown off and he sustained bleeding injuries to which he succumbed later. The Tribunal, for the purpose of determining the compensation payable, has ...
Tag this Judgment!Nagaraju Vs. State of Karnataka
Court: Karnataka
Decided on: Aug-23-1995
Reported in: ILR1996KAR442
ORDERSaldanha, J. 1. This group of Petitions raises one common issue in so far as all the petitioners though appointed in different institutions at different points of time, have an identical grievance. It is their case that despite their having the requisite qualifications and the fact that they are performing the job functions which are identical to those of a regularly appointed Lecturer, that they are being paid a fixed salary on the ground that it was an ad-hoc or stop-gap appointment. One does not need to go backwards into the history of each of these Cases because the various Courts including the Supreme Court had occasion to go into the question canvassed by the learned Government Advocate once again in this group of Cases namely that none of them have gone through the regular requisite prescribed procedure for appointment. I need to clarify that what is signified thereby is that the appointments have not been done after following the well settled norms that are prescribed and ...
Tag this Judgment!Virupakshaiah @ Veeraiah Vs. Shivaputrappa Basappa Golappanavar
Court: Karnataka
Decided on: Aug-23-1995
Reported in: ILR1995KAR2865; 1996(5)KarLJ53
Bharuka, J1. The present Appeal arises out of an ejectment suit. The defendant having lost in both the Courts below, has preferred this Second Appeal.2. The suit property had been acquired by the plaintiff pursuant to a decree for specific performance dated 16.8.1959 in O.S.No. 15/1975 subject to the tenancy rights of the defendant. The plaintiff served a notice on the defendant on 31.5.1980 terminating the tenancy and seeking possession by the midnight of 30.6.1980. The factum of tenancy is not in dispute. It is also admitted that the defendant had been paying an annual rent of Rs. 200/-. It has also been found on facts that the defendants are using the demised premises for dwelling as well as for running of a printing press. Defendant resisted the ejectment on the ground that the premises in question was being used for manufacturing purpose and as such, serving of six months' notice was mandatory in view of Section 106 of the Transfer of Property Act, 1882 (in short the Act). But suc...
Tag this Judgment!Gopalakrishna Bhat Vs. Chairman, Coffee Board
Court: Karnataka
Decided on: Aug-22-1995
Reported in: ILR1996KAR90; 1995(4)KarLJ32
ORDERSaldanha, J 1. This Petition has been preferred by a dismissed officer of the Coffee Board and the challenge is basically directed against the order of the Appellate Authority who in this case happens to be the Deputy Secretary to the Government of India in the Ministry of Commerce. The petitioner was charged with certain misconduct in relation to the stock cards that pertained to the coffee that was in his custody in so far as it was alleged that these cards had not been properly maintained and the second charge which was very serious was to the effect that on a check being done by the authorities, that approximately 12,175 Kgs of coffee valued at about Rs. 2.49 Lakhs was found to be short. A charge sheet was served on the petitioner and an enquiry was instituted which culminated in a Report from the Enquiry Officer holding both the charges having been established. The copy of the Report was furnished to the petitioner and he was given an opportunity to represent against it after...
Tag this Judgment!Dr. Vageesh Ayyar Vs. Post Graduate Selection Committee
Court: Karnataka
Decided on: Aug-22-1995
Reported in: ILR1996KAR633; 1995(6)KarLJ394
Sadashiva, J.1. Since common questions of law and facts are involved in all these appeals they are taken up together for disposal.2. W.A. 2302/95 is preferred against the interim order dated 23rd June, 1995 passed in W.P.13699/95 vacating the interim order dated 18.4.1995.W.A.Nos. 2397-98/95 are directed against the Judgment and Order dated 6th June, 1955 passed in W.P.22175/95 and W.P.22176/95 dismissing the same following the judgment dated June 14, 1995 passed in W.P.13893/95.W.A.(F.R.) 1979/95 is the Appeal filed by eighteen members of the Karnataka State Junior Doctors' Association against the Judgment dated June 14, 1995 passed by the learned Single Judge in W.P.13893/95 with an application for leave to prosecute the Appeal. They have also filed two more applications to dispense with the production of the certified copy of the order and to condone the delay in filing the Appeal. In view of the same order being the subject matter of the Appeal in W.A.No. 2385/1995, all these appli...
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