Karnataka Court August 1995 Judgments
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Samual Vs. State of Karnataka
Court: Karnataka
Decided on: Aug-09-1995
Reported in: 1996CriLJ1165; ILR1996KAR199; 1996(5)KarLJ246
1. This criminal appeal is preferred by the appellant, who was the accused in the trial court against the judgment dated 29th September, 1993 passed by the II Additional Sessions Judge, Bangalore, convicting the appellant-accused for the offence punishable under Section 302 I.P.C. and sentencing him to R.I. for life. 2. We have heard the learned counsel for the appellant Sri Hashmath Pasha and the learned Additional State Public Prosecutor Sri A. B. Patil fully and perused the records of the case. 3. The case of the prosecution is as follows :- The appellant was working in United Precision Tools at Saitpalya, Lingarajapuram, Bangalore and was living in a small shed at Lakshmaiah Reddy Layout, in Sy. No. 66/2, Kacharakanahalli, Bangalore which was belonging to one Rasheed but managed by P.W. 4 who was the friend of Rasheed. On 2-6-91 the appellant married Bhagyamma who was the daughter of P.W. 5 Hanumanthappa by falsely representing that he belongs to 'Golla' community to which the dece...
Commissioner of Income Tax Vs. Janmabhumi Press Trust
Court: Karnataka
Decided on: Aug-09-1995
Reported in: [2000]242ITR457(KAR); [2000]242ITR457(Karn)
S. Rajendra BABU, J. 1. The assessee is a trust. In the accounting years relevant to the asst. yrs. 1967-68 and 1969-70, it constructed a building. The funds required for construction were paid out of the accumulated income of the trust and partly out of borrowings. The said building had been leased to tenants except for a small portion and has been yielding rental income. In the accounting year relevant to the asst. yr. 1980-81, the assessee paid a sum of Rs. 89,680 out of the rental income earned during the previous year towards debt it had incurred for the construction of the building. The assessee claimed before the assessing authority that the repayment of the debt is towards the application of income for charitable purposes. The trust in question is eligible for exemption under s. 11 of the IT Act, 1961. The ITO did not accept the claim that the repayment of the loan taken for the construction of the building would amount to application of income for charitable purposes. Being ag...
Shivabai Vs. State of Karnataka
Court: Karnataka
Decided on: Aug-09-1995
Reported in: ILR1996KAR247; 1995(5)KarLJ589
ORDERSaldanha, J.1. This Petition has been filed by the wife of a deceased employee of the State Irrigation Department. The grievance projected is that the petitioner's husband having died while in service on 23.1.1995, and the petitioner being a widow with two minor children, was immediately faced with a serious financial crisis. She therefore, applied to the authorities for settlement of the terminal benefits of her deceased husband. According to her, despite several requests made to the Department, the benefits in question were not made available to her. She even alludes to the fact that on a complaint to the Chief Engineer, that a direction was issued to settle the necessary dues despite which, she is being sent from Department to Department and even though seven months have elapsed since the date of death, she has so far not received any of the terminal benefits. Under these circumstances, she has filed the present Petition and the only prayer is that the respondents be directed t...
Fathima Unnissa Vs. State of Karnataka
Court: Karnataka
Decided on: Aug-09-1995
Reported in: ILR1995KAR3236; 1995(5)KarLJ660
ORDERM.F. Saldanha, J.1. This is one more instance where the State has sought to put forward a justification for the plea that it is legally permissible to approve the appointment of a teacher and withhold the applicability of the requirement to reimburse the salary of that teacher. The petitioner is working since the year 1989 and as far as the facts of this case are concerned, there is no dispute about the fact that her appointment has been approved. She has stated on oath that because of the refusal on the part of the State to make the Grant-in-Aid applicable as far as her salary is concerned, that she is not receiving any salary. She had approached this Court on an earlier occasion and the Court directed the R4 to consider the petitioner's case. As is typical and as is happening in case after case, the Government officer concerned takes the direction of the Court literally and passes an order that the case has been reconsidered and that the plea has once again been rejected. It is ...
Vishnu Narayan Moger and Another Vs. the State of Karnataka
Court: Karnataka
Decided on: Aug-08-1995
Reported in: 1996CriLJ1121; ILR1996KAR185; 1995(5)KarLJ225
M.M. Mirdhe, J.1. Criminal Appeal No. 473 of 1989 is preferred by the appellants who were the accused in the trial Court against the judgment dated 6-7-1989 passed by the Sessions Judge, Karwar, in S. C. No. 6 of 1989 convicting the 1st appellant/accused No. 1 for the offences punishable under sections 304 Part II and 324 of the Indian Penal Code and 2nd appellant/accused No. 2 for the offence under Section 114 punishable under Section 109 Indian Penal Code and sentencing the 1st appellant to undergo rigorous imprisonment for 5 years for the offence under section 304 Part II and to undergo rigorous imprisonment for 2 years for the offence under section 324 Indian Penal Code, and ordering the sentences to run concurrently and releasing the 2nd appellant on the Probation of Offenders Act. 2. Criminal Appeal No. 736 of 1989 is preferred by the State against the very judgment of the Sessions Judge, Karwar, acquitting the 1st appellant of the offences punishable under Sections 302 and 307 I...
Narasegowda Vs. Assistant Commissioner
Court: Karnataka
Decided on: Aug-08-1995
Reported in: ILR1995KAR3295
ORDERTirath S. Thakur, J.1. The petitioner appears to have filed a suit for declaration against one Smt. Nagamma from whom he claims to have purchased the land in dispute. This suit was compromised and a Compromise Decree passed by the learned Munsiff and J.M.F.C. Pavagada by his order dated 20.1.1994. The petitioner thereafter approached the Tahsildar for making entries in the Record of Rights which prayer of the petitioner was allowed by the Tahsildar by an order dated 16.3.94 entering the petitioner's name as owner in occupation of Sy.no. 61/2 of Madde Village, Nidagal Hobli, Pavagada Taluk.2. Aggrieved by the said order and Mutation entry, the 3rd respondent herein preferred an appeal before the Assistant Commissioner, Madhugiri in RRF (A) No. 16/94-95. In the said appeal it was contended that the Tahsildar had not followed the procedure prescribed by Section 128 of the Karnataka Land Revenue Act, 1964, while passing the order of maturation in favour of the petitioner. This argumen...
N. Rajendra Prasad Bhat Vs. the State of Karnataka
Court: Karnataka
Decided on: Aug-07-1995
Reported in: 1996(2)ALT(Cri)242; 1996CriLJ257; ILR1995KAR2739; 1995(6)KarLJ748
1. The appellant-accused has preferred this appeal against the judgment dated 22-10-1993 passed by the Sessions Judge, Dakshina Kannada, Mangalore, in S.C. No. 70/1990 convicting the appellant-accused for the offences punishable under Sections 302 and 392, I.P.C. and sentencing him to rigorous imprisonment for life for the offence under Section 302, I.P.C. and rigorous imprisonment for five years for the offence under Section 392, I.P.C. 2. We have heard Sri R. B. Deshpande, learned Counsel for the appellant-accused, and Sri. A. B. Patil, learned Additional State Public Prosecutor for the State, fully and perused the records of the case. 3. The case of the prosecution in brief is as follows : Deceased Smt. Prabhavathi was the mother of P.W. 1 - Bhaskara Bhat and PW. 11 - Lalitha Bhat, and she was the wife of complainant Gopala Bhat. The accused is the husband of P.W. 11 - Lalitha Bhat and son-in-law of deceased Prabhavathi. Gopala Bhat was a retired post-master and after retiring from ...
State of Karnataka Vs. Udayakumar
Court: Karnataka
Decided on: Aug-07-1995
Reported in: 1996CriLJ19; ILR1995KAR2438; 1995(4)KarLJ313
Mirdhe, J. 1. This Criminal Appeal is preferred by the state against the judgment dated 23-1-1993 passed by the Principal Sessions Judge, Kolar, in S.C. No. 45/1988 acquitting the respondent-accused of the offence punishable under Section 302 I.P.C. 2. We have heard the learned Government Pleader Shri M. Rajagopal and the learned counsel for the respondent-accused Shri K. Muniswamy Gowda fully and perused the records of the case. 3. The case of the prosecution is as follows : Deceased Suresh was the son of P.W. 1 - Parthasarathi and his wife P.W. 2 - Gangabai. Deceased Suresh was their second son and P.W. 3 - Manjunath was their first son. P.Ws. 1 and 2 were residing at Madras ever since the date of their marriage. P.Ws. 1 and 2 had come along with their sons, Manjunath and deceased Suresh on 17-4-1988 to the house of the mother of P.W. 2 situated in B.E.M.L. Nagar, K.G.F., in connection with the Seemantha ceremony of the wife of the brother-in-law of P.W. 1, which was to be held on 20...
Roshanlal Agarwal Vs. Dy. Chief Controller of Imports and Exports
Court: Karnataka
Decided on: Aug-07-1995
Reported in: 1995(51)ECC34; 1996(85)ELT219(Kar); ILR1995KAR2463; 1995(3)KarLJ520
ORDER1. Criminal Petition Nos. 115, 114 and 113/1990 are filed under Section 482 Cr. P.C. to set aside the order dated 20-7-1989 passed by the VII Additional Sessions Judge, Bangalore, in Cr. R.P. Nos. 45, 46 and 43/1986 respectively confirming the order dated 24-2-1986 passed by the Special Court for Economic Offences, Bangalore in C.C. Nos. 502, 503 and 500/1984 respectively. Criminal Petition No. 112/1990 is filed under Section 482 Cr. P.C. to set aside the order dated 20-7-1989 passed by the VII Additional Sessions Judge, Bangalore, in Cr. R.P. No. 15/1985 confirming the order dated 14-11-1984 passed by the Special Court for Economic Offences, Bangalore, in C.C. No. 498/1984. Criminal Petition Nos. 214, 215 and 216/1990 are filed under Section 482, Cr. P.C. praying to quash the order dated 20-7-1989 passed by the VI Additional Sessions Judge, Bangalore City, in Cr. R.P. Nos. 44, 47 and 48/86 respectively including the order dated 25-2-1986 passed by the Special Court for Economic O...
Anand Vs. State of Karnataka
Court: Karnataka
Decided on: Aug-07-1995
Reported in: ILR1996KAR718; 1996(5)KarLJ400
ORDERSaldanha, J.1. Heard learned Advocates representing different parties. The controversy in this case is limited to one very narrow aspect of the matter. The petitioner is an employee of the K.E.B. and it is his claim that he belongs to the Scheduled Caste category. In the Caste Certificate issued to him, his caste has been described as 'Vodda'. The petitioner was treated as a member of the reserved category until about the year 1980 when the question of his promotion came up to the post of Accounts Officer. At that stage, the Board raised the contention that 'Vodda' in not a caste that would qualify for categorisation as Scheduled Caste, having regard to the various Entries in the Schedule and the petitioner was therefore directed, if he still proposed to press his claim for promotion in that category to obtain the requisite Certificate. Thereafter the petitioner made various representations to the concerned authorities and at one stage, the Director had pointed out to the State Go...
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