Court : Karnataka
Reported in : ILR1997KAR2269; 1998(1)KarLJ191
ORDER1. This writ petition is filed by a public spirited young Lawyer Shri A. Srirama Babu to espouse the cause of unorganised, less and underprivileged children commonly described as 'Children of Lesser God' and who, according to him, have been left to fend for themselves uncared for, resulting in exploitation and deprivation of basic amenities of life and other constitutional and statutory safeguards guaranteed to a citizen of India which they are also entitled to enjoy like any other. 2. The writ petition has been filed mainly moved by the report appearing in the Kannada Daily 'Prajavani' dated 1-1-1997. The report contains a succinct account of the plight of the working and neglected children. The writ petition impleaded the State, the Secretary of Labor Department and the Labor Commissioner as party respondents. As these proceedings cannot be termed as an adversary litigation as such, on 17-1-1997, the Court directed Shri K.H. Jagadish, learned Government Advocate, to take notice ...
Tag this Judgment!Court : Karnataka
Reported in : 1998CriLJ196; ILR1997KAR3070; 1997(3)KarLJ663
ORDER1. The petitioners seek in this criminal petition quashing of the proceedings on the file of the IVth Additional Chief Metropolitan Magistrate, Bangalore, in C.C. No. 8007/1995. The learned Magistrate took cognizance against the petitioners and issued process for an offence punishable under section 406, IPC for late payment of the contributions due to the E.S.I. Corporation and for late submissions of returns for the months of June to September, 1994.2. The case of the prosecution is that the petitioners are partners of a firm known as 'Band Box'. The main occupation of the firm consists of Dry Cleaning, Dyeing, Darning and Processing of clothes. The factory of the petitioners is covered under the provisions of the Factories Act and under the Employees' State Insurance Act, 1948. Since the petitioners did not submit the returns or make payment within the stipulated time, the respondent filed a complaint before the learned Magistrate. The learned Magistrate took cognizance and issu...
Tag this Judgment!Court : Karnataka
Reported in : 1998(1)ALT(Cri)202; [1998]91CompCas621(Kar); 1997CriLJ4694; ILR1997KAR3447; 1997(4)KarLJ52
ORDER1. Being aggrieved by the order passed by the learned Munsiff and JMFC, K. R. Nagar in CC. No. 247/97 taking cognizance of the offence under S. 138 of the Negotiable Instruments Act and directing to issue process to the accused therein, he preferred this petition under Section 482, Cr. P.C.2. Notice was issued to the respondent and he appeared. Heard the learned Advocates appearing for the parties.3. The brief facts of the case are :-The respondent has lodged a complaint under S. 200, Cr. P.C. against the petitioner herein on the ground that two cheques issued by the petitioner were dishonoured when presented before the Bank. Even after receipt of statutory notice petitioner failed to pay the amount. Therefore, he filed complaint for the alleged offence u/S. 138 of the Negotiable Instruments Act. Learned Magistrate after recording the sworn statement directed to issue the process to the accused by his order dt. 21-1-1997 the said order was questioned by the petitioner in Crl. P. N...
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR2227
ORDERL. Sreenivasa Reddy, J.1. Heard counsel on both sides.2. The petitioner is one of the Directors of the second respondent-Federation. In this writ petition, he has challenged the order of the State Government dated 27-12-1996 (Annexure-A) under Section 121 of the karnataka co-operative societies Act, exempting the election of the president of the second respondent from the operation of Section 28-A(4) of the co-operative societies act (for short 'the Act'). No counter has been filed on behalf of the first respondent so far.3. Sri. Joshi, learned counsel for the petition contended that, Section 121 of the act empowers the State Government to exempt any co-operative society or any class of societies from any of the provisions of this act or may direct that such provisions shall apply to such society or class of societies with such modifications as may be prescribed in the order. But it does not empower the state government from passing partial exemption in respect of certain things o...
Tag this Judgment!Court : Karnataka
Reported in : 1998(4)KarLJ259
ORDER1. This petition is filed under Section 482, Cr. P.C. questioning the order passed by the learned Sessions Judge, Mysore, in Crl. R.P. No. 33 of 1993, dated 24-4-1995 dismissing the revision petition and confirming the order dated 3-10-1992 passed in C.C. No. 860 of 1992 on the file of the Munsiff and JMFC, Chamarajanagar, directing to issue process to the petitioner herein.2. The brief facts of the case are: On 27-4-1991 the respondent filed a complaint under Section 200, Cr. P.C. against the petitioner alleging that on 4-3-1991 at about 3 p.m. when the respondent was sitting in the house, the petitioner who is a Sub-Inspector of Police came in his van and questioned him as to whether he was Bole Gowda. On being confirmed, the petitioner assaulted the respondent with his hand, dragged him to the house and assaulted him and booted him and compelled him to show the money said to have been collected by him. It is also allegedthat the petitioner abused the complainant's wife in vulga...
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR1556
P. Vishwanatha Shetty, J. 1. The controversy raised in these petitions relates to the validity of the Recruitment Rules providing fixation of maximum age limit for being appointed as Director of one of the premier medical care institutions in the State i.e., Kidwai Memorial Institute of Oncology, Bangalore, and the procedure adopted by the concerned authorities in proceeding to select the candidates to the said post.2. Since the facts pleaded in these petitions are fairly similar and the contentions urged are identical, these petitions were heard together at the stage of preliminary hearing itself in view of the urgency pleaded and disposed of by this common order.3. Before considering the submissions made by the Learned Counsel appearing for the parties, it is useful to set out in brief the facts which are relevant for disposal of these petitions.Kidwai Memorial Institute of Oncology, Bangalore (hereinafter referred to as 'the Institute') is an autonomous body registered under the pro...
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