Court : Karnataka
Reported in : ILR1997KAR2020; 1997(4)KarLJ181
ORDER1. Heard the arguments of learned counsel on both sides. 2. The order of respondent-1 Taluka Executive Magistrate ('R. 1' for short) bearing No. MAG : CR : 104/96/97 directing the petitioner to close its industrial unit in compliance with the order dated 5-10-1996 of the Karnataka State Pollution Control Board ('the Board' for short) stands challenged by him in this revision on the ground that Tahsildar had no power to issue the said order dated 17-2-1997. 3. A few material facts giving rise to this revision are a stated below : The petitioner's industrial unit had been engaged in the commercial activity of washing and cleaning the garments resulting in discharge of liquid effluent. The Board to prevent and control the said trade effluent, in exercise of its power under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 ('the Act' for short,) passed its said order dated 5-10-1996 directing the petitioner to stop its industrial activity with immediate effect a...
Tag this Judgment!Court : Karnataka
Reported in : 1999(5)KarLJ63
R.P. Sethi, C.J.1. With the proclaimed object of protecting the wildlife and preserving the ecology, the respondents alleged the violation of The Wildlife (Protection) Act, 1972, hereinafter called the 'Wildlife Act' and the Forest (Conservation) Act, 1980, hereinafter called as the 'Forest Act', and filed the writ petition challenging the validity of various Government Orders culminating in the lease deed at Annexure-F, contending that the same was illegal, void and inoperative. It was prayed that direction be issued to the respondents to forbear from taking up any project for non-forest purpose within the Rajiv Gandhi National Park, Nagarahole, and to direct the respondents to forthwith take all measures to restore the source of livelihood to the displaced tribals of Nagarhole National Park and to involve them in enriching the bio-culture of the National Park. The writ petition was allowed with the direction to the appellants in W.A. No. 1333 of 1997, M/s. Gateway Hotels and Gateway ...
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR1284; 1997(3)KarLJ570
Chidananda Ullal, J.1.This R.F.A. is directed against the Judgment and Decree dt. 30.6.92 in O.S.No. 3879/84 on the file of the Additional City Civil Judge, Bangalore, whereby the said City Civil Judge had dismissed the suit of the Appellants.2. I heard the learned Counsel for the appellants Sri Ilyas Hussain and Sri Anand appearing for M/s. Rego and Rego for the respondent No. 1 Respondents No. 2 to 4 are served with notice but they remained absent. 3. The facts in brief of the case are as follows : The appellants herein had originally filed O.S.No. 3879/84 on the file of the Additional City Civil Judge, Bangalore (hereinafter for convenience referred to as the City Civil Judge), for partition and separate possession of the suit schedule 'A' movable properties and suit schedule 'B' immovable property. In the plaint of the appellants the suit schedule 'A' movable and suit schedule 'B' immovable properties are described as follows : SCHEDULE - 'A'Movables1. Wooden and Iron Furniture wor...
Tag this Judgment!Court : Karnataka
Reported in : 1998(1)KarLJ719
ORDER1. In this writ petition, the petitioner has called in question the legality of the order, dated 12-12-1995, by which he has been transferred from Dharwad to Madras (Annexure-C).2. The questions to be considered herein are.-(i) Whether the petitioner is an employee of the Dakshin Bharat Hindi Prachar Sabha; (ii) Whether he had been appointed to a cadre of librarians and posted at Dharwad or his appointment was to the post at Dharwad only; (iii) Whether, under the terms of employment of the petitioner, his post was transferable either expressly or even impliedly. 3. Dakshin Bharat Hindi Prachar Sabha (in short 'the Sabha') is a society registered under the provisions of the Societies Registration Act, 1860 (for brevity 'Societies Act'). The constitution of Sabha specifically provides that its head office shall be at Madras. This society was established in the year 1918 under the inspiring guidance and Presidentship of Mahathma Gandhi, for spreading the hindi language among the non-...
Tag this Judgment!Court : Karnataka
Reported in : 1998ACJ1361; ILR1998KAR98
ORDERHari Nath Tilhari, J.1. This is an application for condonation of delay in filing the appeal. In the application for condonation of delay it has been stated, by the deponent that he, is an illiterate person and he did not know about the limitation for filing the appeal before the Hon'ble High Court. In paragraph-3 it is stated 'It is submitted that I am an illiterate person and did not know about the limitation for filing the Appeal before this Hon'ble Court. Only when my friend who met with an accident in the same accident had informed me about the same, then only i understand. After making some financial arrangements for the expenses to be incurred for filing the Appeal, I came to Bangalore without making further delay and instructed my Counsel for filing the same before this Hon'ble Court. Hence there is some delay which is due to above mentioned bonafide reasons and not intentional one.' No counter affidavit has been filed controverting these allegations. Therefore there appea...
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1988; 1998(2)KarLJ569
ORDER1. Kerosene is an essential commodity and like food grains, sugar etc., it is distributed from licenced fair price depots throughout the State of Karnataka. The grant of licences for distribution of these commodities is regulated by the Karnataka Essential Commodities Licensing Order, 1986, which envisages a 3 tier system of distribution viz., wholesale dealers, retail dealers and hawkers. The wholesale dealers are entitled to sell one or more of the essential commodities specified in the schedule to other dealers or to bulk consumers whereas a retail dealer is a person who is not a wholesale dealer but is authorised to trade in articles mentioned in the said schedule. A hawker on the other hand is a person, who carries kerosene from place to place for sale to persons other than a dealer. The authorities, it appears, noticed that retail kerosene licensees were selling kerosene by engaging hawkers and bullock carts, which was against the policy of issuing retail licences. It was fe...
Tag this Judgment!Court : Karnataka
Reported in : 1998(1)ALT(Cri)365; 1997CriLJ4627; 1997(4)KarLJ76
ORDER1. The petitioner herein has questioned the proceedings in S.C. No. 63/90 on the file of the Addl. Sessions Judge, Bangalore Rural Dist. for the offences under Sections 143, 147, 148, 341, 342, 353, 506, 307 and 427 IPC in so far as it relates to the petitioner. 2. The brief facts of the case are that the Circle Inspector of Police Magadi Police Station submitted charge sheet against the accused for the offences punishable under Sections referred to above in C.C. No. 224/1985 on the file of the J.M.F.C. at Magadi. The learned Magistrate passed an order on 4-8-1990 under Section 209 committing the entire case to the Court of Sessions on the ground that offence under Section 307 is exclusively triable by the Court of Sessions, as against the A-1 to A-106 as per the separate list enclosed to the order. This order is questioned by the petitioner herein. Though petitioner has raised several contentions in this petition at the time of the arguments, it is restricted to only one question...
Tag this Judgment!Court : Karnataka
1. This appeal is directed against the judgment and order dated 17-4-1995 in Sessions Case No. 1/1994. The accused stood charged with having committed the double murder of his younger sister Avvamma as also of one Challappa with whom she is alleged to have been in love. According to the prosecution case, deceased Avvamma was only about 16 years old and she was working with PW9. Challappa was also employed by PW9 and the two of them got friendly with each other and decided to get married. It is necessary to point out that Avvamma and Challappa belonged to two different communities and obviously, quite apart from this aspect of the matter there was one other factor which may not have been very conducive to the proposed marriage, namely the fact that Challappa was aged 30 years and there was a big age difference also between the two of them. On 7-9-1993 the accused who was the brother of the girl, is alleged to have been searching for her and he finally located them in the house of PWs 5 ...
Tag this Judgment!Court : Karnataka
Reported in : 1997(58)ECC110; 1998(98)ELT606(Kar); ILR1997KAR1900
ORDER1. Petitioner, a company incorporated under Companies Act, 1956, is before this Court mainly seeking a direction to the second respondent herein to consider and dispose of the appeal in No. 622/96(B) or in the alternative to dispose of the stay petition filed along with the appeal. The other relief sought in the writ petition is to quash the order of detention passed by third respondent dated 4-3-1997. 2. Briefly the back ground facts are, the Asstt. Commissioner of Central Excise, Bangalore, had passed an order of adjudication for the period 1-4-1994 to 31-3-1995 and had imposed excise duty under Central Excises and Salt Act, 1944 (the Act for short) in a sum of Rs. 38,29,868/- and a penalty of Rs. 5,000/- by his order dated 14-5-1996. Disturbed by this order, petitioner has preferred an appeal before Commissioner (Appeals) Bangalore. Along with the appeal, petitioner has also filed an application for waiver of pre-deposit for entertaining the appeal. The appeal and the applicati...
Tag this Judgment!Court : Karnataka
Reported in : 1998(4)KarLJ88
ORDER1. The petitioner hails from Andhra Pradesh. He was selected on a scholarship for study in a school at Bellary in Karnataka, where he studied for 5 years and passed his 12th Standard examination from the Central Board of Secondary Education. He applied for admission against a medical seat and appeared in the CET Examination in which he emerged at Rank No. 87 in the over all rank list. He wanted his case to be considered for a free seat as a Karnataka student on the basis that he had studied in Karnataka for a period of 5 years. This the authorities were not prepared to do for according to the rules regulating the admissions to such courses, and as per the amendment brought to the saidrules in the year 1996, unless a student has studied in Karnataka for a period of seven years, he is not qualified to be considered as a Karnataka student eligible for admission against a free seat. Aggrieved the petitioner filed W.P. No. 20875 of 1996 claiming a mandamus from this Court on the ground...
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