Karnataka Court April 1996 Judgments

Karnataka Liberal Education Society, Belgaum Vs. State of Karnataka an ...

Court: Karnataka

Reported in: AIR1997Kant93; ILR1996KAR2144; 1996(5)KarLJ616

ORDER1. This writ petition calls in question an order dated 15th Nov. 1994 issued by the Deputy Director of Collegiate Education, Dharwad refusing to accord approval to the appointment of 4 principals selected and appointed by the petitioner-Society and directing it to make appointments to the existing vacancies based on the seniority list as it stood on 31st Dec. 1995. The facts in brief may be stated thus:2. The petitioner is an educational Society running nearly 60 educational Institutions in the State of Karnataka of which 19 are Degree Colleges. All these Colleges most of which arc aided, are under the control of the Directorate of Collegiate Education of the Government of Karnataka.3. The U.G.C. Pay Scales were extended to the Teachers employed in Degree Colleges in the State by a Government Order dated 30th March 1990. As per the Scheme so introduced, with effect from 1-1-1986. there have to be only three cadres of Teachers in Degree Colleges namely Lecturers, Lecturers (Sr. Sca...

Karnataka State Road Transport Corporation Vs. R. Sethuram and Another

Court: Karnataka

Reported in: II(1996)ACC524; 1996ACJ1022; AIR1996Kant380; 1996(3)KarLJ293; (1997)ILLJ803Kant

ORDEREswar Prasad, J.1. This appeal is by the Karnataka State Road Transport Corporation ('KSRTC' for short), questioning the award of compensation of Rs. 23,32,900/-with simple interest at the rate of 6 percent perineum from the date of petition till the date of payment of M.V.C. No. 353 of 1983 to the first respondent.2. A bus belonging to the Corporation bearing No. MYF 700 driven by the second respondent was involved in an accident at6 p.m. on 6-12-1983 near Shivaji Talkies traffic signal. The bus hit an autorickshaw bearing No. KLC 992 and the scooter bearing No. CAE 2956, driven by the first respondent. The passenger in the autorickshaw was thrown out and sustained injury. The first respondent and his wife who was riding on the pillion fell down. The first respondent sustained serious fractures with bleeding injuries and his wife sustained minor injuries and they were removed to the Victoria Hospital and were shifted to St. Philomina's Hospital on the next day, where the first re...

Karnataka State Road Transport Corporation Vs. R. Sethuram and anr.

Court: Karnataka

Reported in: ILR1996KAR2257; (1997)ILLJ803Kant

Eswara Prasad, J.1. This appeal is by the Karnataka State Road Transport Corporation ('KSRTC' for short), questioning the award of compensation of Rs. 23,32,900/- with simple interest at the rate of 6 percent per annum from the date of petition till the date of payment of M.V.C. No. 353 of 1983 to the first respondent. 2. A bus belonging to the Corporation bearing NO. MYF 700 driven by the second respondent was involved in an accident at 6 p.m. on December 6, 1983 near Shivaji Talkies traffic signal. The bus hit an autorickshaw bearing NO. KLC 992 and the scooter bearing NO. CAE 2956, driven by the first respondent. The passenger in the autorickshaw was thrown out and sustained injury. The first respondent and his wife who was riding on the pillion fell down. The first respondent sustained serious fractures with bleeding injuries and his wife sustained minor injuries and they were removed to the Victoria Hospital and were shifted to St. Philomina's Hospital on the next day, where the f...

E.N. Srinivasa Vs. Bangalore University and ors.

Court: Karnataka

Reported in: ILR1996KAR2139; 1996(5)KarLJ748

ORDERTirath S. Thakur, J.1. Selection and consequent appointment of the 6th Respondent as Lecturer in Sanskrit in the Bangalore University is what has been called in question in this writ petition. The grounds urged are not un-common and are founded an allegations of malice made against one of the Members of the Board of Appointments and the so called farcical nature of the interview conducted by it. A few facts in the background need be stated first.2. By a Notification dated 12th October, 1993 applications were invited from eligible candidates for appointment against among others the post of a lecturer in Sanskrit in the general merit category. Sometime later came a second Notification dated 17th January, 1994 whereby the post aforesaid was shifted to a reserved category meant for scheduled caste candidates. Aggrieved, by this Reservation the petitioner filed writ petition No. 7670/1994, which succeeded and was allowed by a single Judge of this Court by an order dated 9th November, 1...

Noorulla AmIn Musuba and ors. Vs. Chandru Sheniyar Naik

Court: Karnataka

Reported in: ILR1996KAR2693; 1996(6)KarLJ275

B.N. Mallikarjuna, J.1. This second appeal is by the plaintiffs challenging the judgment and decree of the Civil Judge, Uttara Kannada'dated July 24, 1991 in R.A. No. 13/86 arising out of the judgment and decree of Munsiff, Bhatkal dated December 21, 1985 in O.S. No. 10/83. Defendant in the suit is the respondent in the appeal.2. Plaintiff's suit is for permanent injunction restraining the defendant or anyone on his behalf from making any addition or alteration to the existing construction bearing municipal No. 1/90/60-1 situated by the side of main road in Bhatkal Taluk (U.K.) in revenue Sy.No. 354-B of Susagadi village in Bhatkal Taluk. Trial court decreed the suit, but in appeal by the defendant before the Civil Judge, judgment and decree of the trial court are set aside and the suit of the plaintiff dismissed. Hence the second appeal.3. Heard both the learned counsel for the parties.4. Substantial question of law formulated by this court at the time of admission of the appeal on Ja...

Chandrashekar S. Salimath Vs. Director of Collegiate Education of Karn ...

Court: Karnataka

Reported in: ILR1996KAR2921; 1996(7)KarLJ552

ORDERTirath S. Thakur, J.1. Common questions of law have brought in these Writ Petitions together for disposal of this common judgment. The questions primarily pertain to the validity of para 13 of Government Order No. ED:88, Bangalore dated 30.3.1990, and the directions issued by the Respondents in relation thereto. The controversy arises in the back drop of the following facts.2. The petitioners are all employees of Karnataka Liberal Education Society, which is running a large number of 1st grade Colleges in the State of Karnataka and falling under the jurisdiction of the Directorate of Collegiate Education. They were initially appointed as lecturers in different subjects against vacancies available in different institutions run and managed by the Society. In the absence of any statutory rules on the subject the conditions of service including the method of recruitment and promotion of such lecturers was governed by the terms of Government Order No. ED 146-UPC 79, Bangalore dated the...

Hotel Bheema Vs. Telecom District Engineer, Devangere and anr.

Court: Karnataka

ORDERP. Vishwanatha Shetty, J.1. In this petition, the petitioner who is running a lodging house has prayed for quashing the order dated 20th February, 1992, the copy of which has been produced as Annexure-H, calling, upon the petitioner to pay a sum of Rs. 12,114/- towards the arrears of telephone bill in respect of STD PT 27198 and also the demand note dated 21st February, 1992 issued to the petitioner calling upon the petitioner to pay the amount referred to in bill, Annexure-H. 2. Shri Ram Bhat, learned counsel appearing for the petitioner submitted that admittedly the petitioner is not a subscriber in respect of telephone STD PT 27198 and one Shri Aslam is admittedly the subscriber to the said telephone. Therefore, he submitted that it is not permissible for the respondents to call upon the petitioner to pay the amount referred to in bill under Annexures G and H, and in the event of failing to pay tile amount demanded in the said bill to disconnect the telephone of the petitioner....

The State of Karnataka Vs. Nallayappa

Court: Karnataka

Reported in: II(1996)ACC490; 1997(1)ALT(Cri)41; 1996CriLJ3539; ILR1996KAR1985; 1996(3)KarLJ110

1. This is a State appeal against the judgment in C.C. No. 539/88 dated 6-7-1989 on the file of the Court of the First Additional Metropolitan Magistrate, Bangalore, wherein the respondent-accused has been acquitted of the offences under Sections 279, 337 and 304(A), IPC and under Section 3(1) and 112 of the Motor Vehicles Act. 2. The prosecution case is that on 13-9-1986 at about 7.45 a.m., the complainant Munivenkatappa, one Narayanappa and Gowramma were going for cooly work from Kasavanahally to Kaikondanahally. Gowramma was going in the front. About twenty feet behind her, the complainant was going. When they were going near the house of one Buddappa, from the opposite side a tempo bearing No. CAM 2567 came. The driver of the said tempo, who is the accused, drove it in a rash and negligent manner, as a result of which it came and dashed against Gowramma and Budappa. Gowramma died at the spot and Buddappa suffered serious injuries. 3. Since the accused pleaded not guilty, the prosec...

Mysore Sugar Co. Ltd. Vs. Siddaramaiah B.G.

Court: Karnataka

Reported in: II(1998)ACC163; [1996(73)FLR1473]; ILR1996KAR1829; (1997)IILLJ1170Kant

1. This appeal by the employer Sugar Company at Mandya is directed against the judgment and award dated July 20, 1992 made by the Commissioner for Workmen's Compensation ('the Commissioner' for short) granting compensation of Rs. 18,469/- to the respondent under the Workmen's Compensation Act ('the Act' for short). 2. The appellant has challenged the impugned award of the Commissioner on three Grounds; namely, the Commissioner had erred in holding that : (i) the respondent was workman of the appellant; (ii) he suffered the injury from an accident arising out of and in course of his employment; and '(iii) he is entitled to compensation for the non-schedule injury in the absence of any loss in his earning capacity. 3. Heard. 4. As regards the first two objections raised by the learned Counsel for the appellant that the respondent was not a workman under the appellant and that the fracture injury caused to his left hand in the accident occurred on May 8, 1991 5 within the premises of the ...

Mahaveer Chambanna Kallimani and ors. Vs. State of Karnataka and ors.

Court: Karnataka

Reported in: ILR1996KAR3646; 1996(7)KarLJ699

ORDERM.M. Mirdhe, J.1. This Writ Petition is filed by the petitioners praying to quash the order passed by the Land Tribunal, Belgaum, produced at Annexure-A, confirming the occupancy rights on R-3 to R-8 by allowing their Form No. 1 filed by them under Section 5 of the Karnataka Certain Inams Abolition Act.2. I have heard the Counsel for the petitioners, Government Pleader for R-1 and R-2 and the Counsel for R-3 to R-8.3. The petitioners filed Form No. 7 and their Form No. 7 came to be allowed by the Tribunal by its order dated 3.7.1979. The land belonged to Chandramouleshwara Temple. R-3 to R-8 claimed to be the Vahivatdars of that Temple. The Temple represented by R-3 to R-8 filed Writ Petition No. 14033/1990 challenging the order of the Land Tribunal granting occupancy rights in these lands to the petitioners. This Court, by its order produced at Annexure-F, dismissed that Writ Petition confirming the order of the Land Tribunal granting occupancy rights to the petitioners. R-3 file...