Karnataka Court July 1996 Judgments
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Smt. Leonior George Vs. Agricultural Produce Marketing Committee and a ...
Court: Karnataka
Decided on: Jul-17-1996
Reported in: ILR1996KAR3359; 1996(7)KarLJ484
ORDERHari Nath Tilhari, J.1. By this petition, the petitioner has prayed for grant of following reliefs and issuance of writ of certiorari or any other suitable writ or direction.a) The petitioner has prayed for a declaration that the respondent has no jurisdiction to regulate the timber trade being carried out by the petitioner in Chickmagalur Town under the provisions of the Karnataka Agricultural Produce Marketing (Regulation) Committee Act, 1966;b) The petitioner has prayed for the quashing of the notice bearing No. 2329/92-93 dated 28/29.1.1993 issued by the respondent and annexed as Annexure-'C' as well as for the quashing of all further proceedings including the prosecution initiated by the respondent pursuant to the Complaint dated 5.3.1993 (Annexure-'E' to the Writ Petition). The Annexure-'E' is the copy of the complaint case relating to C.C.No.797/93 on the file of the Judicial Magistrate First Class, Chickmagalur;c) The petitioner has further prayed for a direction to the re...
C.S. Srinivasa Rao Vs. Director of Agricultural Marketing and ors.
Court: Karnataka
Decided on: Jul-17-1996
Reported in: 1996(7)KarLJ219
ORDERHari Nath Tilhari, J.1. By this petition, the petitioner has sought for quashing of Tribunal's Order dated 31.3.1994, passed in Appeal No. 411/92 and also to set aside the order passed by Respondent No. 1 dated 17.6.92, so far as it refers to the petitioner and also the enquiry report of Respondent No. 2 dated 8.3.90.2. The brief facts of the case are that the petitioner had been working as an accountant in the Agricultural Produce Marketing Committee, Chitradurga. There were 15 Fixed Deposits in the name of the APMC., concerned, in D.C.C. Bank, Chitradurga and they were about to mature as per maturity dates given in Annexure-A. When the F.D.R's were about to mature, they were placed for instructions for renewal or the like. The decision was taken in the Meeting of the Board for renewal of the F.D.R's and said decision was affirmed vide., minutes of proceedings of the meeting of the Market committee held on 10.3.83 on Subject No. 22 and thereafter the F.D.R's were got renewed. Whe...
V. Bhaskar Rao and anr. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Jul-16-1996
Reported in: ILR1997KAR563; 1997(1)KarLJ334
ORDERTirath S. Thakur, J.1. These two Writ Petitions involve common questions of law and fact and are being disposed of by this common order.2. The petitioners have secured agents 'licences in terms of Section 93 of the Motor Vehicles Act, 1988 and the Karnataka Motor Vehicles Rules framed thereunder. Applications for renewal of the said licences were made by them, in response whereto, the Secretary of the Regional Transport Authority, Udupi, by an endorsement dated 15th of February 1992 addressed to each one of the petitioners, directed them, to provide an additional security deposit of Rs. 25,000 as required under Rule 117(5) of the Karnataka Motor Vehicles Rules, 1988. Aggrieved by the said order, the petitioners went up in appeal before the Karnataka State Appellate Tribunal at Bangalore. These appeals succeeded but only in part and were accordingly allowed by the Tribunal's order dated 29th of June 1992. The Tribunal was of the view that on a true and correct interpretation of Rul...
Kottaiah Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Jul-16-1996
Reported in: ILR1997KAR474
P. Vishwanatha Shetty, J.1. In this petition, the petitioner prays for quashing order dated 21st July 1988, a copy of which has been produced as Annexure-B, passed by the second respondent confirming the order dated 2nd May 1984, a copy of which has been produced as Annexure-A, passed by the third respondent declaring the sale of land measuring 2 acres in Survey No. 11/23 of Kallajjnagal village, Bhadravathi Taluk, Shimoga District, as null and void and further directing that possession of the land, referred to above, should be handed over to the original grantee of the said land, one Hanumantha Bhovi (deceased 4th respondent), in exercise of the power conferred on him under Section 5(1) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'the Act).2. Sri B. Rudragowda, Learned Counsel for the petitioner, submitted that the orders impugned are illegal and suffer from errors apparent on the face of the r...
C. Subbaiah Setty, (by His L.Rs.) Vs. Smt. Savithramma
Court: Karnataka
Decided on: Jul-16-1996
Reported in: ILR1996KAR3590; 1996(7)KarLJ865
M.B. Vishwanath, J.1. This second appeal under Section 100 of the C.P.C. has been filed by plaintiff Subbayya Setty (since deceased by his L.Rs.) against the respondent-defendant Savithramrna.2. This appeal arises out of R.A.No. 33/1983 on the file of the Additional Civil Judge, Bangalore District, Bangalore, dismissing the appeal and confirming the judgment and decree passed by the learned Munsiff, Anekal, in O.S.No. 381/1979 dated 23.10.1982. 3. This suit was filed by the plaintiff (since deceased by his L.Rs.) against the defendant for recovery of the balance of principal amount of Rs. 4,000/- with interest at 18% amounting to Rs. 2,160/- in all Rs. 6,160/-. This amount, according to the plaintiff, is the amount due by the defendant to the plaintiff towards the balance of sale consideration in respect of Sale Deed dated 1.11.1972 (Ex.D-2) which was compulsorily registered on 13.9.1976. The sum and substance of the plaintiff's case is that the sale consideration under Ex.D-2 was Rs. ...
Equipment Vs. G.M., Bangalore Telephones and ors.
Court: Karnataka
Decided on: Jul-15-1996
Reported in: ILR1997KAR1005
ORDERJ. Eshwara Prasad, J1. The petitioner-firm is aggrieved by the action of the respondent in disconnecting the telephone bearing No. 368269 owned by the petitioner-firm, for alleged dues relating to telephone No. 341265 belonging to the mother of one of the partners of the petitioner-firm.2. The Learned Counsel for the petitioner submits that the telephone belonging to the petitioner-firm cannot be disconnected as there was no dues on the said telephone. He further submits that even if there are any dues relating to the telephone belonging to the mother of one of the partners, the same cannot be taken to be an amount due from the petitioner-firm and the telephone belonging to the petitioner-firm cannot be disconnected.3. Learned standing counsel for the respondent relying or, BHAGWANJI DEVRAJ v. UNION OF INDIA (1973) 16 Guj. LR 357 submitted that if there are any dues relating to the telephone belonging to a firm, the telephone belonging to one of the partners of the firm can be dis...
S. Suresh Vs. Indian Airlines
Court: Karnataka
Decided on: Jul-12-1996
Reported in: (1997)IILLJ458Kant
ORDER1. The petitioner has come up before this Court with the following prayers :- a) Issue direction or mandamus or any other appropriate writ or orders directing the respondents not to dispense with the service of the petitioner till the disposal of case. b) to issue any other directions to the respondents and to call for the relevant records of selection of juniors to absorb the service of the petitioner as a Loader, as the respondent considering his application No. 0414 and Roll No. 419 for the post of Loader. 2. The petitioner claims that he has been working as a Casual Labourer with the respondent since 1986 continuously without any break in Bangalore Airport. Subsequently, applications were called for in 1991 and an interview letter was issued to the petitioner. The application filed by the petitioner was shown as Annexure-B. It is stated in the affidavit that the petitioner has been continued as Casual Labourer but the respondent has appointed another 13 persons as Loader and ...
The Oriental Insurance Co. Ltd. Vs. Ravichandran and ors.
Court: Karnataka
Decided on: Jul-12-1996
Reported in: I(1997)ACC330; 1998ACJ18; ILR1997KAR148
ORDERM.F. Saldanha, J.1. This C.R.P. has been preferred by the Insurance Company and is directed against an order dated 17.8.91 of the Motor Accident Claims Tribunal, Bangalore City in M.V.C. 2474/89. The brief facts are that on 13.11.89 at about 11.40 PM the claimant was riding his scooter bearing Registration No. MKI 65 near Netkallappa Circle when a motor cycle bearing Registration No. CAU 7346 is alleged to have approached at a high speed and dashed against the, scooter. The claimant sustained injuries and he was taken to hospital for treatment. He thereafter filed a claim before the Motor Accident Claims Tribunal for compensation. As was to be expected, the registered owner of the motor cycle and the Insurance Company were proceeded against. The first respondent took up the plea that he had sold the motor cycle on 12.5.1989 to one Bopanna whose address he had disclosed. The Insurance Company took up the plea that since the first respondent has transferred the vehicle to some other...
Babulal Karnawat Vs. Union of India (Uoi) and ors.
Court: Karnataka
Decided on: Jul-12-1996
Reported in: ILR1997KAR346; 1997(1)KarLJ579
ORDERM.F. Saldanha, J1. The only point that falls for decision in this C.R.P. is with regard to the contention raised by the petitioner in relation to the interpretation of Rule 443 of the Indian Telegraph Rules. The present petitioner was a partner of M/s Poonam Textiles and this Firm was the subscriber in relation to Telephone No. 3545. The bills in respect of this telephone had aggregated to Rs. 8,819/- and it is undisputed that these amounts had not been paid. The petitioner had a personal telephone at his residence which was No. 3987 and the telephone department issued a notice of disconnecting this telephone on the ground that the bill in respect of the other partnership telephone had not been paid. The petitioner at that stage filed a suit against the department wherein he contended that such action was impermissible in so far as the outstanding dues were not amounts recoverable from him as a subscriber or for that matter in respect of a telephone that has been rented by him. Th...
B.A. Prabhakar Rai Vs. the General Manager, Vijaya Bank and anr.
Court: Karnataka
Decided on: Jul-12-1996
Reported in: ILR1996KAR3228; 1996(6)KarLJ163
ORDERH.L. Dattu, J.1. Petitioner, Sri Prabhakar Rai, while working as Divisional Manager in respondent-Bank was proceeded against departmentally by issuing a charge memo dated 16,10.1986. In that, it was alleged that:(1) submission of leave application on grounds of feigned sickness;(2) unauthorisedly absenting himself from duty from 28.6.1986 and onwards, without complying with the rules; and(3) disobedience of instructions of the official superiors. 2. The above omissions and commissions according to the respondent-Bank would amount to misconduct under Regulation 3(1) read with Regulations 24 and 13(1) of the Vijaya Bank Officer Employees' (Discipline and Appeal) Regulations 1981 (hereinafter referred to as 'the Regulations 1981). Denial of these allegations in the charge memo by the officer resulted in appointing an enquiry officer and Sri Richard Goveas, Manager, Personnel Department as Presenting Officer.3. Earlier to the commencement of the enquiry proceedings, petitioner request...
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