Karnataka Court November 1996 Judgments
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State of Karnataka Vs. N.K. Shanthappa
Court: Karnataka
Decided on: Nov-26-1996
Reported in: 1997CriLJ2802; ILR1997KAR1396; 1997(2)KarLJ467
1. The instant appeal is directed against the judgment dated 5-8-1991 in C.C. No. 725/1988 passed by the learned Judicial Magistrate First Class, Somwarpet acquitting the accused of the offences punishable under Section 7(1)(d) of the Protection of Civil Rights Act and under Section 323, IPC. 2. I heard the learned High Court Government Pleader Mr. B. H. Satish appearing for the appellant-State and the learned counsel Sri L. S. Chikkannagoudar appearing for the respondent/accused. I also perused the records. 3. The brief facts of the case are : That on 8-5-1988 at about 9.30 p.m. near Rama Mandira of Sulugalale village, the respondent-accused abused and insulted P.Ws. 1 and 2 by referring to their caste. At that point of time P.Ws. 1 and 2 along with others were holding a meeting regarding encroachment of land of Sulugalale village. That P.Ws. 1 and 2 had sent words to the respondent/accused to attend the meeting and the meeting in question was confined for the purpose of erecting 'Ram...
State of Karnataka Vs. Sharanahalli Revanna and ors.
Court: Karnataka
Decided on: Nov-26-1996
Reported in: 1997(1)ALT(Cri)906; ILR1997KAR337; 1997(2)KarLJ374
M.F. Saldanha, J1. This is an appeal directed by the State against the order of acquittal dated 20.9.1993 in C.C.No.993 of 1991 on the file of the learned JMFC, Harapanahalli. An omnibus charge under Sections 143, 147, 148, 324 and 326 read with 149 I.P.C. were framed against the accused and the learned trial Magistrate acquitted the accused. The State has appealed against the order of acquittal and the principal contention was that there were injuries that have occurred of some seriousness and having regard to the fact that Sections 143 and 149 were invoked, that it was unnecessary for the Trial Court to have gone into the individual overt acts or culpability insofaras if the evidence indicated that the incident had taken place and the accused had participated in it, that a conviction ought to have followed as a matter of course since the injuries were established. The appeal came to be admitted and since the respondents were unrepresented this Court appointed learned advocate Mr. Cha...
Janab Shastry Khaja HussaIn Vs. the Karnataka Board of Wakfs and anr.
Court: Karnataka
Decided on: Nov-26-1996
Reported in: ILR1997KAR817; 1997(4)KarLJ393
ORDERTirath S. Thakur, J.1. The challenge in this Writ Petition is directed against an order dated 10th march 1993, passed by the Respondent, Karnataka Board of Wakf dissolving the Managing Committee constituted by it for managing the affairs of a Wakf called 'Shadi Mahal'. A show-cause notice dated 27th October, 1993, issued by the Secretary of the Board, calling upon the petitioner to hand over the charge of the Institution has also been assailed.2. By an order dated 31st of March 1989, passed by the Respondent-Board, in exercise of its powers under Section 16 of the Wakf Act 1954, a managing Committee comprising 14 Members was constituted for the management of the Wakf aforementioned. The appointment orders specifically stated that the Committee would hold Office during the pleasure of the Board. The petitioner herein was appointed as the President of the said Committee. Four years' later, by an order dated 10th March 1993, the Board dissolved the said Committee and directed the pet...
M. Ravishankar Vs. R. Pushpa
Court: Karnataka
Decided on: Nov-26-1996
Reported in: I(1998)DMC197; 1997(4)KarLJ543
S.Venkataraman, J.1. Though this matter has come up for admission, as both sides are represented the matter is heard on merits. The Lower Court has awarded an interim maintenance of Rs. 1,200 /- per month. The grievance of the petitioner is that he is getting only a net income of Rs. 1,673.58 Ps. and the awarding of interim maintenance is grossly excessive. It is seen that the petitioner is getting a salary of Rs. 6,600/- and odd, out of which Rs. 5,000/- and odd is shown as deductions. Some of the loans such as F.A., L.I.C. premium, P.P. loan, etc; cannot be taken into account for the purpose of determining the resources of the petitioner. However, taking into consideration the income-tax, P.P. and the house building loan deductions, it would be reasonable to fix an interim maintenance of Rs. 1,000/- per month subject to appropriate fixation at the final hearing. For the above reasons, this revision petition is partly allowed and the order of the Lower Court is modified by fixing the ...
Arasappa Vs. State by Vijayanagar Police Station, Bangalore
Court: Karnataka
Decided on: Nov-25-1996
Reported in: 1997CriLJ1456; ILR1997KAR283; 1997(1)KarLJ25
1. This Appeal is directed against the judgment dt. 16-4-91 passed by the learned XXII Addl. City Civil and Sessions Judge, Bangalore in S.C. No. 217/89, whereby the appellant herein was convicted and sentenced for an offence under Sec. 376, IPC. 2. The brief facts of the case are as follows : That on 19-2-89 at about 6.30 p.m., Boramma - P.W. 1 and her cousin sister by name Bhagya were proceeding on Timmenahalli road to reach Vijayanagar bus stand and at that point of time, the appellant and another by name Parameshi came in an autorickshaw and forced P.W. 1 - prosecutrix to get into the autorickshaw and thereafter, they both took her to a remote house situated at Mudalapalya and that the appellant herein and the abovesaid Parameshi raped her repeatedly till the next day morning and thereafter ran away from the place leaving her to her fate. That the cousin sister of P.W. 1, the abovesaid Bhagya who saw P.W. 1 being threatened and taken in an autorickshaw had returned to the house of ...
R. Shamanna Vs. the State Bank of Mysore
Court: Karnataka
Decided on: Nov-25-1996
Reported in: ILR2003KAR4467
ORDERDattu, J.1. Man as a human being is mixture of animal and divinity. Man cannot live on bread only. He prefers dignity, honour and justice, to starvation, dishonour and even death. Justice is the substantive nourishment not for stomach but for human soul. This justice is clearly is eluding an officer of a nationalised Bank from last two decades. Now he is retired, retired from service only, with accumulated frustration and with desire of a quick disposal of his case. He is waiting and waiting with a fond hope and human hope has its limits and waiting too long in the current life style is extremely difficult.2. A second match by the aggrieved person on an unaltered pitch. Same set of players but before a different umpire.3. Circumstances which forced a lowly placed officer to play a second match also is as under:While working as a Manager in the respondent - Bank at its Head Office at Kempegowda Road, Bangalore, petitioner received a letter dated 28.5.1972 from the Bank, by which he...
Smt. Nandini Vs. Life Insurance Corporation of India and Others
Court: Karnataka
Decided on: Nov-22-1996
Reported in: [1998]91CompCas74(Kar); ILR1997KAR1526
Tirath S. Thakur, J. 1. This writ petition calls in question two communications both dated February 3, 1993, issued by the respondent-Corporation whereunder it has repudiated the claim made by the petitioner in respect of two insurance policies secured by her deceased husband. 2. Two insurance policies, one for a sum of Rs. 60,000 and the other for a sum of Rs. 90,000 were secured by the petitioner's husband in terms of proposal forms, annexures A and A-1, to the writ petition. The petitioner was the only nominee in both the policies to claim the benefits flowing from the same in the event of the death of the holder thereof. Nearly three years after the issue of the policies the insured died due to cardiac arrest in a nursing home at Mysore. The petitioner informed the competent authorities and made a claim for the benefits flowing from the policies. Upon examination of these claims the Corporation by its communications dated February 3, 1993, repudiated the same under section 45 of th...
ismail Baba Sahab Vs. A.A. Hulageri
Court: Karnataka
Decided on: Nov-21-1996
Reported in: 1997CriLJ1804
ORDER1. Being aggrieved by the order passed by the learned Civil Judge and C.J.M., Dharwad, in C.C. No. 2226/82 dt. 4-3-92 rejecting the applications filed by the petitioners herein under Section 311 & also Section 313, Cr.P.C. seeking permission to produce certain letters, said to have been written by the complainant and also to recall the complainant for cross-examination, the petitioner filed this petition under Section 482, Cr.P.C. 2. The brief facts leading to these applications are that the respondent filed a complaint under Section 200, Cr.P.C. on the allegation that the respondent has made certain derogatory and false statements in the letter written to the Dist. & Sessions Judge, Dharwad alleging among other things that the complainant indulges in using his official position against the interest of this respondent and influencing them in the matters pending before the Court, etc. This letter was for forwarded to the complainant by the Dist. Judge for his remarks. On the basis ...
Xxi Additional Sessions Judge, Bangalore City Vs. Ningegowda
Court: Karnataka
Decided on: Nov-21-1996
Reported in: 1997CriLJ3873
Saldanha, J.1. This is a contempt proceeding arising out of a reference made by the learned Sessions Judge, Bangalore, wherein he was held that there appears to be a prima facie case for action under the Contempt of Courts Act against the respondent before us, who was and still is, an Assistant Commissioner of Police, by the name of Sri Ningegowda. We do not propose to elaborately set out any of the facts because, the respondent was effectively the Officer in-charge of the investigation in certain criminal proceedings namely, Crime No. 217/94 of the High Grounds Police Station, which had been instituted at the instance of one Sri Devadas. According of the complaint filed before the lower Court by Sri B. M. Nandakumar, he and some others were anticipating their arrest for which reason, an application was filed before the Sessions Court on 24-5-1994 praying for anticipatory bail. The Sessions Court allowed the application and directed that the accused if arrested, should be released on b...
Udachappa Shivamurthappa and ors. Vs. State of Karnataka
Court: Karnataka
Decided on: Nov-21-1996
Reported in: 1997(1)ALT(Cri)890; ILR1997KAR950
M.F. Saldanha, J1. This appeal is directed against a conviction recorded by the learned I Additional Sessions Judge, Dharwad in S.C.No.32 of 1994. Originally 7 persons were put up on trial on the allegation that they had committed the murder of Channabasawa on 11.6.1993 at about 8.30 a.m. by strangulating her and there was also a further charge that she had been assaulted by means of grinding stone. On the conclusion of the trial, the learned Judge convicted A1 and A2 of the offence punishable under Section 302 read with 109 I.P.C. and A3 of the offence punishable under Section 324 I.P.C. The meaning accused were acquitted of all the charges and it is against the conviction and sentence of A1 to A3 that this appeal has been preferred.2. The appellants' learned advocate has taken us at considerable length through the evidence of PW.1 - the complainant Shivalingappa for purposes of demonstrating that there has been a long standing and hostile dispute between the various branches of the f...
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