Court : Karnataka
Reported in : ILR1997KAR2018
ORDERChandrashekaraiah, J. 1. The petitioners in this petition have challenged the order of the State Government dated 5-6-1996 according permission to sell in so far as it related to imposition of conditions to pay 50% of the market value as required under Rule 9 of the Karnataka Land Grant Rules.2. The petitioners in this petition belong to schedule caste. They were granted certain extent of land under the Karnataka Land Grant Rules. It appears, in order to purchase some other land, as the present land granted in favour of the petitioners is useless for cultivation, made an application to the Deputy Commissioner for permission to sell. The Deputy Commissioner forwarded the said application to the State Government, since under Section 4(2) of the Karnataka Scheduled Caste and Schedule Tribes (Prohibition of Transfer of Certain Lands Act), The Government is conferred with the power to accord permission to transfer the land. Section 4(2) of the Act reads as follows;-'No person shall aft...
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1153
R.P. Sethi, C.J.1. Constitutional validity of Sub-section 3 of Section 3 and subsection 3 of Section 5 of the Karnataka Panchayat Raj (Second Amendment) act, 1996, (hereinafter called the 'Amendment Act') is the subject matter of controversy between the parties in these petitions. It is submitted that the State Legislature had no competence to amend the Principal Act being at No. 14 of 1993. By way of amendment, the State Legislature has not only exceeded its jurisdiction but has also been guilty of passing the laws which were contrary to Part IX of the Constitution of India. The amendments are alleged to be resulting in uncertainty in the institution of Panchayat Raj and instead of strengthening such institution, would result in its weakening. It is further contended that the amendment Act was contrary to the mandate of Articles 243-C, 243-D and 243-E of the Constitution. It is further submitted that the amendment Act was politically motivated which was intended to curtail the offices...
Tag this Judgment!Court : Karnataka
Reported in : 1997CriLJ4695; 1997(3)KarLJ304
ORDER1. Heard the learned Government Pleader and the learned Counsel for the Respondent.2. In this revision petition, the State has challenged the order passed by the learned II Additional Sessions Judge, Bijapur on 11-9-1995 in Cr. A. No. 68/1989. The learned Sessions Judge set aside the order passed by the Authorised Officer and Deputy Conservator of Forests, Bagalakot in C-3/Misc. Sandalwood/CR-5/87-88, dated 7-9-1989 confiscating the lorry bearing No. MEZ 8314.3. The learned Sessions Judge passed an order on 13-12-1989 in I.A. No. I directing return of the seized truck to the appellant in Cr. A. No. 68/1989 (present respondent Ramakrishna Kedarba Urankar).4. In C.C. No. 184/1989 on the file of the learned J.M.F.C., Badami, A-1 Abdul Khader, A-2 Gulabashya and A-3 Chandru were tried for the offences under Sections 379 and 411, I.P.C. and under Sections 86 and 87 read with Section 104 of the Karnataka Forest Act.5. The sum and substance of the allegations against the accused in C.C. ...
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Reported in : ILR1997KAR796
ORDER, 1992 -- Clause 2(f) w.e.f. 7.1.1993 -- on coming into force of new Order, retail distribution order issued to kerosene hawkers, under 1986 order, held, no more enforceable --see Clause 2(i) & (j) of the Central Order of 1993. (C) CENTRAL KEROSENE (Restriction on Use and Fixation of Ceiling Price) ...
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Reported in : II(1998)ACC675; 1998ACJ222
Hari Nath Tilhari, J.1. This appeal filed by the New India Assurance Co. Ltd., arises from the award dated 10.10.1991, given in M.V.C. No. 77 of 1988, which had been decided along with M.V.C. Nos. 76, 78, 79 and 80 of 1988, arising out of claim in petitions filed by different persons as a result of injuries suffered in one and common accident. The present appeal is confined to the award given with reference to M.V.C. No. 77 of 1988.2. The facts of the case in the nutshell are that on 2.2.1988, lorry bearing the registration No. TMC 7459, which was driven by one Shankar, from Madras to Bangalore and when the aforesaid lorry was near Hosakote gate, on Bangalore-Kolar road at 6.35 a.m. as it was being driven in a rash and negligent manner, in the process of avoiding a bullock cart, suddenly turned on the left side of the road and dashed against a tree. According to the case of the claimants in M.V.C. No. 77 of 1988, one Sampath who was aged 23 years and who was son of claimant Nos. 1 and ...
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Reported in : 1999ACJ470
1. This is an appeal by insured-owner of the vehicle from the judgement and award dated 1-2-1994, delivered by Sri K. Rajashekhar, II Additional District Judge/Member, Motor Accidents Claims Tribunal-III, D.K., Mangalore, in M.V.C. Case No. 468 of 1988, whereby the Tribunal has awarded the claimants respondents a sum of Rs. 64,000/- as total compensation less Rs. 15,000/- award received from respondent 3 in the claim petition namely from United India Insurance Company. 2. The Tribunal, to be in brief, held as under: That, the motor accident was due to negligence of the driver respondent 1 of the vehicle as also contributory negligence of the deceased Balakrishna, which, had taken place on 25-3-1988 and on account of which Balakrishna had died of the injuries suffered by him. The Tribunal after having recorded about the negligence and contributory negligence further held that the liability of the Insurance Company has been limited to the extent of Rs. 15,000/- and the Insurance Company ...
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Reported in : ILR1997KAR2418; 1997(3)KarLJ406
ORDERG.C. Bharuka, J.1. Heard Mr. A.S. Kulkarni, Learned Counsel for the petitioner and Mr. Ashok Harnahalli, learned Senior Central Government Standing Counsel for the respondents.2. The petitioner is a subscriber of telephone bearing No. 562384. According to the petitioner, the bills served upon it dated 6.9.1996 (Annexure 'O') and dated 6.9.1996 (Annexure 'P') should be quashed because those are much in excess of the telephone services availed by it and the same have been issued due to the fault committed on the part of the respondent authority.3. In order to facilitate an early, effective and efficacious remedy of resolving the disputes of the nature involved herein, today an affidavit has been filed by Sri K.S. Murthy, Divisional Engineer. Legal Cell. Bangalore Telecom District who has been authorised by the General Manager, Bangalore Telecom District. He has proposed the following scheme for resolving the disputes of the present nature:-'The Writ Petition relating to excess billi...
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Reported in : ILR1997KAR1747
ORDER1. The brief facts leading to these two petitions are that at the request of A-1 the complainant undertook advertising of the products manufactured by A-1 against which the complainant raised invoices from time to time on various dates till 8-6-1993. The accused No. 1 made certain payments towards the said supplies made by the complainant. After giving deduction to the payments made by A-1, a sum of Rs. 13,76,914.78 was due to the complainant which amount the accused failed and neglected to pay to the complainant despite repeated demands and reminders. The accused No. 1 issued three cheques towards payment of the sum due which are as follows :- 1. Cheque No. 344578 dated 15-9-93 for Rs. 6,00,185.92. 2. Cheque No. 344580 dated 30-9-93 for Rs. 96,895.86 and 3. Cheque No. 344581 dated 30-9-93 for Rs. 3,79,833.00, drawn on Canara Bank, Lavelle Road, Bangalore. When these cheques were presented for encashment on 3-11-1993, the cheques were dishonoured by the bankers of the accused wi...
Tag this Judgment!Court : Karnataka
Reported in : I(1998)DMC411; ILR1997KAR3339; 1998(4)KarLJ586
1. It is virtually a matter of shame that in this day and age, indiscriminate attacks and abnormally high degrees of violence are directed against married women in certain quarters and that the law is doing little to curb this type of utterly obnoxious and anti-social activity. The facts of this appeal present one of the most gory and blood-curdling instances, that have come before the Courts in recent times.2. The deceased Tanima was a young woman of 20 and had hardly been married to A-1 for about 10 months. The prosecution alleges that on the evening of 17-10-1992, the first accused, who is her husband, accompanied by his father, who is the second accused and the brother, who is the third accused, violently assaulted Tanima. The background that is alleged is that A-1 is supposed to have demanded a dowry amount of Rs. 20,000/- which is apart from the money and the gold which was given to him at the time of the marriage. Various pious reasons were given in support of the monetary deman...
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Reported in : ILR1997KAR2101; 1997(4)KarLJ697
ORDERG.C. Bharuka, J.1. Heard Mr. Mohan Das N. Hegde, learned Counsel for the petitioner and Mr. M.V. Chandrashekara Reddy, learned Additional Central Government Standing Council for the respondents.2. The petitioner is running a lodge in the name and style of M/s. Sri Durga Lodge at Shimoga. Admittedly, it consists of two separate buildings situated within the common compound and some of the rooms have been provided with telephone facility. Originally the petitioner had only one telephone connection. But subsequently to provide telephone facility to the customers the petitioner applied for 5 + 20 PBX which was sanctioned in its favour in the year 1975. In the said PBX, 9 extensions were internal, while the remaining 11 being located in the 2nd building were treated to be external extensions. It appears that due to increase in the rental value effected in the year 1987, the petitioner applied for a separate PBX for the second building also with 3 + 9 connections. To this proposal the 2...
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