Karnataka Court August 1998 Judgments

Smt. Tippamma and Others Vs. Annarao and Others

Court: Karnataka

ORDER1. Civil Revision Petition Nos. 4 to 6 of 1992 arise from the judgment and decree dated 21-12-1991 passed by Sri T. Mahesh Hegde, II Additional District Judge, Dharwad, whereby the learned District Judge, first Appellate Court, allowed Miscellaneous Appeal No. 26 of 1986 and set aside the Trial Court's order passed in Miscellaneous Case No. 11 of 1964, dated 11-4-1986 on the file of the Principal Civil Judge, Hubli, dismissing the application filed by the judgment-debtor under Order 21, Rule 90 of the CPC and set aside the Court sale held on 28-9-1994 in Special Darkhast No. 6 of 1962.2. The decree-holder obtained a decree in Special Suit No. 24 of 1954 on the file of the Civil Judge, Hubli, against the judgment-debtor, his four sons and others. A preliminary decree was passed on 18-1-1958 anda final decree was passed on 13-9-1961. Thereafter, the decree-holder filed the execution case against the judgment-debtor, his sons and others in Special Dharkhast No. 6 of 1962 for the reco...

K.A. Subba Rao (Deceased) by L.Rs. Vs. Balarame Gowda and Others

Court: Karnataka

Reported in: 1999(1)KarLJ206

Y. Bhaskar Rao, J.1. This appeal is filed by the landlord assailing the judgment of the learned Single Judge remanding the case to the Land Tribunal.2. The facts of the case are that the respondents 1 and 2 filed Form 7 for grant of occupancy rights in respect of the disputed lands. The Land Tribunal after conducting enquiry granted occupancy certificate. Then Writ Petition Nos. 1481 and 1482 of 1983 were filed. This Court set aside the order and remanded the matter to the Tribunal. After remand, the Land Tribunal after holding the enquiry passed an order which is challenged in the writ petition. The learned Single Judge again remanded the matter. That order is challenged in the appeal.3. Learned Counsel for the appellant firstly contended that the respondent-tenants are not in possession of the lands on 1-3-1974 and there is no iota of evidence to show that they were tenants of the lands under him. He mortgaged the lands and thereafter he filed a suit in Original Suit No. 181 of 1952-...

Matadahally Jagajivan Ram Sarvodaya Sangha (Registered), Bangalore Vs. ...

Court: Karnataka

Reported in: ILR1999KAR2493; 1999(2)KarLJ212

ORDER1. The petitioner is a registered society engaged in imparting education. Pursuant to the notification at Annexure-C issued by the respondent inviting applications for allotment of Civic Amenity Sites, the petitioner applied for allotment of a site. The petitioner was allotted C.A. Site No. 2 in Nagarabhavi 1st Stage on 16-4-1994 as per Resolution No. 107 of 1994. However, the allotment letter was not issued to the petitioner as in the report submitted by the Engineering Section of the respondent it was stated that the site in question had already been handed over to P.W.D. for formation of Link Road and hence the site was not available. The petitioner submitted a representation on 18-6-1994 as per Annexure-E requesting for allotment of an alternative site. As the same was not done, the petitioner filed W.P. No. 31475 of 1994 seeking a writ of mandamus in that regard. By an order dated 5-4-1995 this Court disposed of the said writ petition with a direction to the respondent to con...

A.M. Puttaswamaiah and Another Vs. the Secretary, Karnataka Electricit ...

Court: Karnataka

Reported in: 1998(5)KarLJ438

ORDER1. The petitioners had joined the services of the respondent Karnataka State Electricity Board (in short 'the Board'), in the cadre of Storekeepers. They have filed the present writ petitions to direct the respondents to consider the case of the petitioners for promotion to the post of Assistant Executive Engineers on the ground that persons ranking junior to them in the amalgamated cadre of Storekeepers and Assistant Engineers have already been promoted.2. Admittedly, the Board pursuant to a Memorandum of Settlement, had passed an order on 23-10-1993 amalgamating the various cadres. As per this order, the cadre of Storekeepers Grade I was amalgamated with that of Assistant Engineers (Electrical) thereby creating a common cadre. Subsequently, the Board in exercise of its powers under Section 79(c) of the Electricity (Supply) Act, 1948, (in short 'the Act'), by its notification dated 8-8-1995 (Annexure-C) amended the Karnataka Electricity Board Recruitment and Promotions of Employe...

Lt. Col. Richard Charles Menasse (Retired) Vs. Mrs. Cheryl Margurite S ...

Court: Karnataka

Reported in: ILR1998KAR4134; 1998(6)KarLJ447

N.S. Veerabhadraiah, J. 1. The appellant being aggrieved of the order of dismissal passed in Prob. C.P. No. 16 of 1990, dated 31-10-1996 by the learned Single Judge has preferred this appeal. 2. The brief facts are as follows;That a Will and Testament, dated 17-11-1987 was executed by Mrs. Hildred Joyce Faithful w/o Late Mr. Joseph Alexander Faithful bequeathing her immovable property situated at No. 20, Cubbon Road, Bangalore for charitable purpose by appointing her cousin Mrs. Certrude June Dalby and Mrs. Cheryl Margurite Soggee as executors to carry out her last wishes as per the Will. The testatrix Mrs. Hildred Joyce Faithful died on 31-10-1988. Thereafter, the first executrix under the Will namely, Mrs. Certrude June Dalby also died. Consequent to her death, the second executrix Mrs. Cheryl Margurite Soggee filed a petition in Prob. C.P. No. 4 of 1989, for grant of probate. That by an order dated 16-6-1989, this Court granted probate of the said Will in favour of Mrs. Cheryl Margu...

K.E. Mahabaleshwara Vs. State by Sagar Rural Police Station, Sagar

Court: Karnataka

Reported in: 1999CriLJ2412; ILR1998KAR3351; 1998(6)KarLJ664

ORDER1. The petitioner has been charge-sheeted for offences under Sections 405, 407, 408, 409, 420, 467 and 474 of the IPC in the above cases.2. The allegation against the petitioner was that while he was the paid Secretary of Khandika Seva Sahakara Sanga he misappropriated the total sum of Rs. 1,63,901.45 paise as per the audit inspection report made under Section 64 of the Karnataka Co-operative Societies Act. The alleged misappropriation was for the co-operative years 1983-84 and 1984-85. The society filed criminal cases. The petitioner was arrested and enlarged on bail.3. After the investigation was over, the respondent-police filed charge-sheets in the above criminal cases. In all the cases charge- sheets were filed on 28-10-1985. The Trial Court took cognizance on 8-5-1986. The petitioner appeared before the Court on 4-6-1986. Right from 4-6-1986 till 4-9-1997 there has been no progress in the criminal cases. It is submitted that the accused has since been dismissed from service....

S.V. Kadanagoudar Vs. the Managing Director, Karnataka State Seeds Cor ...

Court: Karnataka

Reported in: ILR1999KAR2002; 1998(6)KarLJ599

ORDER1. Under an offer dated 7-8-1990 (Annexure-A), the petitioner was appointed as a Second Division Clerk by the Managing Director of the respondent-Karnataka State Seeds Corporation Limited (in short 'the Corporation') on purely temporary basis for four months on a consolidated salary of Rs. 800/- + Rs. 60/- as medical allowance. In the said offer itself it was clearly mentioned that the appointment is liable to be terminated at any time without assigning any reason therefor by giving seven days notice or in lieu thereof seven days salary. Under condition No. 8 of the offer the petitioner was obliged to serve the Corporation and promote its interest to the best of his ability and skill. Petitioner's temporary appointment was extended from time to time, but ultimately by an office order dated 31-1-1998 (Annexure-F) passed by the respondent-Managing Director of the respondent-Corporation temporary appointment of the petitioner was terminated in terms of Clause 3 of the offer at Annexu...

The Mysore Paper Mills Limited, Bhadravathi Vs. the Mysore Paper Mills ...

Court: Karnataka

Reported in: ILR1998KAR3620; 1998(6)KarLJ667; (1999)IILLJ552Kant

K.R. Prasada Rao1. These appeals have been filed against the order passed by the learned Single Judge in Writ Petition Nos. 5517 and 5518 of 1998, dated 4-3-1998 confirming the ex parte stay order dated 24-2-1998 staying the operation of the order of transfer of respondent 2-Deputy Manager (TTC) from the Technical Training Centre to its Regional Office, Calcutta under Office Memorandum No. FPA TRF 97 384, dated 27-11-1997 issued by the appellant (Annexure-EE to the writ petitions) and rejecting the application filed by the appellant-Company for vacating the stay order dated 24-2-1998.2. The impugned order passed by the learned Single Judge has been challenged by the management of the appellant-Company on two grounds which are (1) the writ petitions filed by the respondents in the writ appeals are not maintainable, as the appellant-Company is not a 'State' or other authority within the sweep of the expression used in Article 12 of the Constitution of India and (2) the order of transfer ...

Canara Bank Vs. Smt. B. Pathu

Court: Karnataka

Reported in: AIR1999Kant104; 1999(6)KarLJ713

T.N. Vallinayagam, J.1. A interesting question raised in this regular second appeal preferred by the Plaintiff Canara Bank is concerning the payment of interest on loan advanced, both prior to the suit and after filing of the suit.2. The admitted facts are that a loan of Rs. 28,000-00 was granted by the plaintiff/Bank to the defendant on 31-5-1985 with a promise to repay the same with interest at 10% per annum compounded quarterly. On 28-5-1985 itself, the defendant deposited the title deed with intention to create equitable mortgage as further security for the due payment. Claiming a sum of Rs. 62,063-00 as due including the interest calculated at the rate of 10% quarterly, the plaintiff sought preliminary decree on mortgage and also prayed for future interest at the rate of 17.5% per annum with half yearly rests.3. Raising various defence, the defendant contested the rate of interest and also the correctness of the accounts. Ultimately the trial Court granted the decree for the princ...

Workmen of Binny Ltd. (Represented by Binny Mills Staff Association (R ...

Court: Karnataka

Reported in: (2001)IIILLJ997Kant

G. Patri Basavana Goud, J.1. In these two writ petitions, one by the workmen of the Binny Mills, represented by the Binny Mills Staff Association, and the other one by the workmen of the said Binny Mills, represented by Binny Karmikara Sangha, the settlement' of July 19, 1989 is sought to be quashed with a further direction that the matter be admitted to conciliation and if the conciliation efforts fail, to have the dispute settled by compulsory adjudication. These writ petitions were filed in the years 1989 and 1990. It so happened that, subsequently, another settlement has been arrived at on September 13, 1994 as now brought on record. The said settlement is the one arrived at under Section 12(3) of the Industrial Disputes Act, 1947 (Act for short) and is binding on all workmen including the workmen represented by the petitioners under Section 18(3) of the said Act.2. Even if the writ-petitioners had succeeded in these two writ petitions, the order that could have been passed was to ...