Karnataka Court February 1998 Judgments
Arun Kumar Agrawal and Another Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Feb-27-1998
Reported in: 1999(1)KarLJ603
1. Corruption in a civilised society is a disease like cancer, which if not detected in time is sure to malignise the polity of country leading to disastrous consequences. It is termed as plague which is not only contagious but if not controlled spreads like a fire in a jungle. Its virus is compared with HIV leading to AIDS, being incurable. It has also been termed as Royal thievery. The socio-political system exposed to such a dreaded communicable disease is likely to crumble under its own weight. Corruption is opposed to democracy and social order, being not only anti people, but aimed and targeted against them. It affects the economy and destroys the cultural heritage. Unless nipped in the bud at the earliest, it is likely to cause turbulence shaking of the socio- economic-political system in an otherwise healthy, wealthy, effective and vibrating society.2. The menace of corruption was found to have enormously increased by first and second world war conditions. The corruption, at th...
Tag this Judgment!The Traffic Manager, New Managalore Port Trust Registered Cargo Handli ...
Court: Karnataka
Decided on: Feb-27-1998
Reported in: I(1999)ACC368; 1999ACJ993; 1998(3)KarLJ395
1. This appeal is filed challenging the correctness of the order dated 30th of May, 1995 made in case No. W.C.A. CR/FC. 87-88 by the Commissioner for Workmen's Compensation and Labour Officer, Dakshina Kannada Sub-Division-II, Mangalore (hereinafter referred to as 'the Commissioner'), by the Traffic Manager, New Mangalore Port Trust Registered Cargo Handling Workers' Administration Wing, Mangalore (hereinafter referred to as 'the Port Trust').2. The brief facts of the case, which are relevant for the disposal of this appeal, may be set out as hereunder:(a) One Thangappan, who was working as a Shore Worker in the employment of the New Mangalore Port, Mangalore, drowned to death at 21-30 hours within the New Mangalore Port, while he was engaged in unloading timber from one of the ships berthed at the said New Mangalore Port. The first respondent, who is the widow, and respondents 2 to 4, who are the children, of the said Thangappan, filed an application before the Commissioner claiming c...
Tag this Judgment!Hemavathi Mahila Co-operative Bank Limited, Hassan Vs. State of Karnat ...
Court: Karnataka
Decided on: Feb-27-1998
Reported in: ILR1998KAR2397; 1998(4)KarLJ471
ORDER1. These petitions filed in the name of an unfortunate Co-operative Society which is yet to take off, reveal the on-going power struggle to take control of the affairs of the Society and indicates the fierce power struggle to follow, which appears to be the bane of most of the co-operative institutions in the Country.2. The Joint Registrar of Co-operative Societies (Urban Banks), Karnataka State, by his letter dated July 4, 1995, sought prior clearance of Reserve Bank of India, for registration of Hemavathi Manila Sahakari Bank Niyamitha, Hassan, pursuant to the application filed by the Chief Promoter and Promoters of the said Bank to establish a Co-operative Bank, exclusively by the women, of the women and for the women, in Hassan District. The Reserve Bank of India by its communication dated January 29, 1996, advised the Joint Registrar of Co-operative Societies that they have no objection to register the said Bank under the Co-operative Societies Act, subject to the conditions ...
Tag this Judgment!Karnataka Transport Corporation Vs. National Insurance Bank Ltd.
Court: Karnataka
Decided on: Feb-27-1998
Reported in: 2001ACJ318; [1999]98CompCas767(Kar)
Hari Nath Tilhari, J. 1. This appeal under Section 96 of the Code of Civil Procedure, 1908, arises from the judgment and decree dated August 25, 1987, delivered by H.R. Narayana Rao, 20th Additional City Civil Judge, Mayo Hall, Bangalore, in Original Suit No. 10660 of 1981 (National Insurance Co. Ltd. v. Karnataka Transport Corporation), whereby the trial court on the basis of its findings recorded held that the plaintiff-respondent has been entitled to a decree for a sum of Rs. 31,505 that is the amount which the insurance company had paid to Major Laxman Singh, the insured, with costs and interest at the rate of 6 per cent. per annum from the date of decree till the date of realisation.2. The facts of the case in a nutshell are that the plaintiff filed the above suit for a decree for recovery of a sum of Rs. 32,505 with interest at the rate of 6 per cent. per annum from the date of the decree till the date of realisation. According to the plaintiff's case, the appellant has been a tr...
Tag this Judgment!Kamalanjanamma and Others Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Feb-26-1998
Reported in: ILR1998KAR1801; 1998(3)KarLJ517
ORDER1. The brief facts leading to the these petitions are that one Raja Satish who is the 2nd respondent filed a private complaint before the Additional Chief Metropolitan Magistrate, Bangalore, alleging that the petitioners 1 to 4 executed registered sale deeds in the office of the Sub-Registrar alienating certain shop premises in favour of the purchasers. It is also alleged that the owner Nagarathnamma w/o late Raja Chetty who is the grand-mother of this complainant was bed ridden prior to 1991. She was unable to execute any deed. It is also further alleged that these petitioners who are the accused before the Court somehow managed to get the sale deed with the help of a lady who is unknown to the complainant by paying certain amount who impersonated the said Nagarathnamma thereby they committed the offence punishable under Sections 474, 420, 511 read with Sections 120-B and 201, IPC. The said complaint was registered as PCR No. 1938 of 1993 on 23-11-1993. The learned Magistrate ref...
Tag this Judgment!K.P. Prabhuswamy and Others Vs. the Regional Transport Authority, Myso ...
Court: Karnataka
Decided on: Feb-26-1998
Reported in: ILR1998KAR3181; 1998(4)KarLJ699
ORDER1. The petitioners are the existing stage carriage operators in the districts of Mysore and Mandya. They have been granted stage carriage permits under the Motor Vehicles Act of 1939. The said permits are being renewed from time to time. Motor Vehicles Act of 1939 has been repealed and in its place Motor Vehicles Act of 1988 has been enacted which has come into force from 1-7-1989. Acting under the provisions of Section 217 read with Section 81 of the Motor Vehicles Act, the said permits are being renewed under the Act of 1988. The details are as follows:Sl. No.Petitioners'NamePermit No.Renewed upto1.K.P. Prabhuswamy14 of 1962-6331-12-19992.K.P. Prabhuswamy11 of 1976-7722-02-20023.N. Shivaswamy12 of 1977-7805-12-20014.B.K. Ramesh02 of 1966-6712-04-20025.P.S.Guruprasad27 of 1962-633-10-20016.UshaRamakrishnan12 of 1967-687-03-20017.Mahadeva04 of 1962-6331-12-2000Now the respondent has issued the notice as per Annexure-H to N and P cancelling the renewals. Being aggrieved by this, al...
Tag this Judgment!United India Insurance Company Limited, Mangalore Vs. Smt. Harinakshi ...
Court: Karnataka
Decided on: Feb-26-1998
Reported in: 1999ACJ1003; [1999(81)FLR731]; ILR1998KAR2788; 1998(6)KarLJ429
1. This is an appeal filed by the Insurance Company to challenge the order dated 22-10-1993 in case No. WCA/CR-79 of 1980-81 passed by the Labour Officer and Commissioner for Workmen's Compensation, Dakshina Kannada Sub-Division-I, Mangalore, whereunder while allowing the claim of the respondent 1, the Labour Officer and Commissioner for Workmen's Compensation had awarded a sum of Rs. 21,000/- together with interest at 6% p.a. payable by the respondent 1-employer and the appellant-Insurance Company.2. I heard the learned Counsel for the appellant-Insurance Company, Sri Chinnappa K. Kambeyananda and the learned Counsel for the respondent 2, Sri S.S. Sripathy. The respondent 1 having been served with notice in the appeal, had remained absent.3. The learned Counsel for the appellant-Insurance Company, Sri Chinnappa K. Kambeyananda while taking me through the facts of the case and further urging the solitary ground in the appeal memorandum argued that the impugned award passed by the Commi...
Tag this Judgment!V.R. Gnanaprakasham Vs. Venkataswamy (Deceased) by L.Rs and Others
Court: Karnataka
Decided on: Feb-24-1998
Reported in: 1999(2)KarLJ355
ORDER1. Since in all these writ petitions the orders impugned are the same and common questions of law and facts are involved, all of them are heard together and disposed of by this common order.2. The admitted facts in all these writ petitions are as follows:The land bearing Survey No. 1 measuring in all 3 Acres situate in Jarakabande Kaval, Bangalore North Taluk was granted to one Venkata Bovi under a grant certificate issued by the Tahsildar, Bangalore North Taluk vide No. D.D. 3/56-57 dated 1-6-1957. On 1-6-1967 the said Venkata Bovi sold 1 Acre 20 Guntas of land out of 3 Acres to one V.R. Gnanaprakasham and another 1 Acre 20 Guntas to one V.R. Anthoniswamy. On coming into force of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act ('the Act' for short) one V. Venkataswamy, S/o the grantee Venkata Bovi made an application before the Assistant Commissioner, Bangalore Sub-Division, Bangalore under Rule 3(2) of the Act for restoration of...
Tag this Judgment!P. Srinivasan (Deceased)by L.Rs Vs. Smt. Nanjamma and Others
Court: Karnataka
Decided on: Feb-24-1998
Reported in: ILR1998KAR1957; 1998(3)KarLJ98
1. This second appeal has been filed under Section 100 of the Civil Procedure Code. The appellant (since deceased by L.Rs) is the defendant. First respondent is the first plaintiff and the second respondent (since deceased by L.Rs) is the second plaintiff. The plaintiffs are husband and wife.2. The plaintiffs (present respondents) filed the suit, Original Suit No, 232 of 1974 before the Additional II Munsiff, Bangalore, for specific performance of the agreement to reconvey the suit property bearing S, No. 108, situated in Nagaraja Layout, Byappanahalli Village extension, K.R. Pura Hobli, Bangalore South Taluk, executed by the defendant (present appellant). Ex.P-1 is the agreement to reconvey.3. The Trial Court decreed the suit. The defendant, aggrieved by the judgment and decree passed by the Trial Court, preferred appeal before the Civil Judge, Bangalore, in Regular Appeal No. 106 of 1978.4. The learned First Appellate Judge allowed the appeal and remanded the matter to the Trial Cour...
Tag this Judgment!State of Karnataka Vs. Shrikant Shivappa Chekki
Court: Karnataka
Decided on: Feb-24-1998
Reported in: 1999(2)ALT(Cri)96; 1998CriLJ4093; 1999(2)KarLJ542
ORDER1. I.A. I has been preferred by the original accused who is the respondent in Criminal Appeal No. 516 of 1994. At the hearing of this appeal, since the respondent-accused had not engaged any learned Advocate to defend him, this Court had appointed learned Advocate Mr. B. Anand to represent the respondent, but it is relevant that the appeal was admitted on 5-8-1994 and since it was an acquittal in a murder case of some seriousness, this Court had issued a non-bailable warrant. The warrant came to be executed and despite this, the respondent did not engage an Advocate. We do not know of the circumstances in which the respondent was placed and even assuming that he was not in a position to engage a lawyer, this Court on 1-12-1997 appointed a learned Advocate as Amiens Curias to represent him. The appeal was ultimately heard in the month of January by this Division Bench and disposed of by judgment dated 7-1-1998. It is relevant to point out that this Court very carefully reviewed the...
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