Court : Karnataka
Reported in : ILR1998KAR478; 1998(1)KarLJ731
ORDER1. Petitioner has sought for quashing the order of respondent 2-Divisional Commissioner, Bangalore Division, dated September 29, 1997 made in exercise of power under sub-section (4) of Section 48 of the Karnataka Panchayat Raj Act, 1993 (hereinafter referred to as 'The Act') removing the petitioner from the office of Adhyaksha of Madanayakanahalli Grama Panchayat in Bangalore North Taluk. Annexure-E is the order.2. Briefly stated, the facts are:Petitioner-Smt. T. Bhagyalakshmi, it is stated was elected as member to Laxmipura Village Panchayat in the election held on December 29, 1993 and later called as Madanayakanahalli Village Panchayat. Further, in the election held on March 12, 1994 for the office of Adhyaksha to the said panchayat, petitioner was elected. It would appear that petitioner during the course of one to one and a half years while functioning as Adhyaksha of the panchayat issued 18 general licences and 10 licences under her signature though in fact law did not permi...
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR53; 1998(1)KarLJ551
Acts/Rules/Orders:Criminal Procedure Code, 1973 - Sections 28, 174, 378 and 386;Indian Penal Code, 1860 - Sections 201, 300, 302, 304, 341 and 506Cases Referred:State of Uttar Pradesh v. Krishna Gopal and Another, AIR 1988 SC 2154, (1988) 4 SCC 302;Gokul Parashram Patil v. State of Maharashtra, AIR 1981 SC 1441JUDGEMENT Kumar Rajaratnam, J.1. This is an appeal against acquittal preferred by the State. The accused, who was the Deputy Commissioner of Police I, Mysore City, was prosecuted for the offences under Sections 341, 302, 201 and 506, Indian Penal Code. The Trial Court in Sessions Case No. 101 of 1991 on the file of the First Additional Sessions Judge, Mysore, by its judgment dated 30th November, 1993, acquitted the accused of all the charges. Being aggrieved by the order of acquittal, the State has preferred this appeal.2. The prosecution case is that on 7-4-1991 in the afternoon, the accused along with his wife Shaman thakamani-C.W. 41 and her two young sons had come to the Lali...
Tag this Judgment!Court : Karnataka
Reported in : 2000(3)KarLJ622
ORDER1. Pyarejan, husband of the 1st respondent and father of petitioners 2 to 5, had been serving in the 1st respondent-KSRTC. He was a member of the family pension fund under the Employees' Family Pension Scheme, 1971 ('Scheme' for short). He died on 26-6-1988, having been bedridden due to illness for one year five months prior to the date of his death and during such period of one year five months, no wages were drawn. On his death, the petitioners sought family pension in terms of the Scheme. The 3rd respondent-Regional Provident Fund Commissioner, by the communication dated 14-3-1997 at Annexure-N, intimated the 1st petitioner that, the petitioners were not entitled to family pension in terms of the Scheme for the reason that, Pyarejan had break in service in excess of one year. The 3rd respondent was referring to the absence without wages of Pyarejan during the above said period of one year five months. In this writ petition under Article 226 of the Constitution, the widow and ch...
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR1030; 1999(6)KarLJ297
ORDER1. A question of law regarding the rights of the parties on the basis of a mutation entry specially in North Karnataka areas like Belgaum, Bijapur, Dharwar etc., arises for consideration in this petition.2. The petitioner is the son-in-law of respondents 2 and 3. The land bearing Survey No. 13/2A/1 situated at Karikatti Village, Khanapur Taluk, Belgaum District is still in the ownership of second respondent Sri Jinnappa. In the year 1971, a vardhi was given to the competent authority to enter in the name of his wife third respondent. Accordingly, a mutation was certified by entering the name of the third respondent in respect of Survey No. 13/2A/1. In the year 1981, the third respondent due to her old age decided to give 3 acres of land to the petitioner and 5 acres jointly to the other two sons-in-law viz. Patil Surendra Jinnappa and Pashetty Sunil Jeevanna. Accordingly, a vardhi was given to the revenue authorities to enter the name of the petitioner for 3 acres and 5 acres in t...
Tag this Judgment!Court : Karnataka
Reported in : 1998CriLJ1879; ILR1998KAR1796
ORDER1. Heard. 2. The petitioners in both these petitions are the accused in C.C. 554/94 facing trial for Section 295A, I.P.C. before the learned Magistrate, on being charge-sheeted by the Thambrahalli P.S. Crime No. 16/92, H. B. Halli Taluk of Bellary District. 3. Certified copy of the order sheet in said C.C. 554/94 filed along with the petition discloses that the said crime No. 16/92 was booked by the police under section 295-A against these petitioners on complaint dated 22-2-1992 of CW 1 Rama Naik. On Investigation of the crime, the charge-sheet was laid for the said offence by the Investigating Officer ('I.O.' for short) on 30-7-1994, on the basis of the sanction under section 196, Cr.P.C. purported to have been granted by the competent authority for prosecution of the petitioners accused. The criminal prosecution of the accused in C.C. No. 554 of 1994 stands challenged by them in this revision on the ground that obtaining of requisite sanction under section 196, Cr.P.C. for the ...
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR3186
T.N. Valiinayaga, J.1. Both the appeals are concerned with the shop No. B-23, Mohan Building, A.M. Lane, Chickpet, Bangalore. The appellants are M/s Mehta Silk Centre, represented by the second defendant Surajmal, claimed to be in occupation of the premises. One Mohanlal when he was alive was a person who entered into an arrangement between him and aforesaid Mehta Silk Centre for the purpose of occupation of the shop by the latter. While Mohanlal, after his death his L.Rs., would call the arrangement as a licence, Mehta Silk Centre, calls this arrangement as a lease,2. Fearing forcible eviction by Mohanlal and sons, Mehta Silk Centre came forward with the suit for recovery in O.S. 1615 /74, out of which R.A. 639/80 has arisen relating to R.S.A. 334/97, An injunction against the disturbance of their possession was granted by the trial Court, but negatived by the Appellate Court on appeal and therefore they are here before this Court in the above R.S.A. 334/97.3. Mohanlal when he was ali...
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR606
Kumar Rajarathnam, J.1. This is an appeal preferred by the appellant accused against his conviction for an offence under Section 302 IPC. The accused was convicted by the III Additional District and Sessions Judge, Mysore in S.C.No. 118/94 dated 18th of July, 1995 for an offence under Section 302 IPC and sentenced to imprisonment for life.2. The prosecution case is that on 5.1.1994 at 8.00 p.m. the accused took the deceased Suresh Babu alias Soori from the Mysore bus stand on the pretext that he would supply him with a girl at Bandipalya village. It was further alleged that the accused took the deceased in an auto rickshaw to a place called Hosahundi and assaulted him with a stone and committed his murder. 3. P.W.1 came to know that a body was lying in the field and he informed the police and a complaint was filed. P.W.29 the Circle Inspector of Police registered a case on 6,1.1994 at 3.45 p.m. 4. P.W.30 the Circle Inspector of Police, Mysore South Circle, took up further investigation...
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR627; 1998(6)KarLJ89
ORDER1. The petitioner represents the Diocese of Mysore of the Roman Catholic Church. The grievance of the petitioner lies in a narrow compass. The Diocese of Mysore comprises of Tamilians, Kannadigas, Konkanis, Malayalees, Telugu and Anglo Indians. The Kannada speaking Catholic Christians are alleged to be 30%. The rest of them are people speaking other languages. The petitioner has established several educational institutions where education is imparted in Kannada language. The pre-sent provocation to move this writ petition is that there was a request made by a section of people speaking Kannada that the religious ceremonies in the Church should be performed in Kannada in preference to other languages. It was also requested that the board etc., put up in the Church, be displayed in Kannada. This cause, it was felt was not legitimate, in the circumstance that in the matter of religious ceremonies etc., it is not that the language that should matter to the people. An attempt was made ...
Tag this Judgment!Court : Karnataka
Reported in : 1998(1)KarLJ359
ORDER1. The petitioner filed this writ petition challenging the award passed by the 2nd respondent. The 3rd respondent herein had contended that he was working as a pump operator and that his services were illegally terminated, and, therefore, he be reinstated. He thus raised a dispute before the Arbitrator appointed under Section 69 of the Co-operative Societies Act. The matter was arbitrated by the 2nd respondent, who passed an award, holding that the termination of the services of the 3rd respondent was illegal. He set aside the termination and the 3rd respondent was ordered to be reinstated with 50% back wages from 1-1-1986. In the appeal filed by the petitioner before the 1st respondent, by a considered order, the award was confirmed on 31-1-1991. It was thereafter the above writ petition was filed by the petitioner before this Court challenging both the award aswell as the appellate order. The matter was moved before this Court on 1-8-1991 and this Court admitted the writ petitio...
Tag this Judgment!Court : Karnataka
ORDERTirath Singh Thakur, J.1. Transfer is an incident of service which does not violate any enforceable legal right of the employee. Courts are therefore slow in interfering with such orders except in cases where the same are shown to be against any statutory rules on the subject or vitiated by mala fides. Decisions on the subject are a legion and I see no need to multiply authority. Reference to Mrs. Shilpi Bose and Others v. State of Bihar and Others, : (1991)IILLJ591SC , Union of India v. S. L. Abbas : (1993)IILLJ626SC and B. Varadha Rao v. State of Karnataka and Others, : (1986)IILLJ516SC , should in my opinion suffice. 2. The petitioner in this writ petition is working as Manager (finance) in the respondent-Company. He assails in this petition the validity of a transfer shifting him from his present place of posting to Calcutta. The challenge, it is noteworthy, is not based on the violation of any statutory or other provision regulating his service conditions nor is it his case t...
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