Karnataka Court October 1999 Judgments
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Smt. Pushpavathi and Others Vs. the Chairman and Managing Director, Ka ...
Court: Karnataka
Decided on: Oct-05-1999
Reported in: ILR2000KAR1901; 2000(6)KarLJ308
ORDER1. The first petitioner is the mother of the petitioners 2 to 4 and the legally wedded wife of late Rajanna who was working as a Conductor in the Karnataka State Road Transport Corporation (hereinafter called as 'Corporation' in short), have filed this writ petition seeking common relief by issuing a writ of certiorari to quash the order dated 12/18-10-1994 Annexure-H issued by the 3rd respondent and further have sought for issuance of a mandamus to the respondents to consider the case of the 2nd petitioner for his appointment in any suitable post on compassionate grounds, as there are no other members of the petitioners family earning for their bread. Therefore, the present petition is filed urging various facts and legal contentions.2. The brief facts which are necessary for the purpose of considering the rival contentions of the parties are stated as hereunder:Late Rajanna, husband of the first petitioner and father of the petitioners 2 to 4 was working as a Conductor in the 3r...
G.M.S. Prabhu Vs. Canara Bank
Court: Karnataka
Decided on: Oct-05-1999
Reported in: ILR1999KAR4500; (2001)IIILLJ354Kant
ORDERH.L. Dattu, J.1. An Officer of the respondent Canara Bank is before this Court aggrieved by the orders framed by the Disciplinary Authority imposing certain punishments as provided in the Regulations of the Canara Bank Officer Employees (Discipline and Appeal) Regulations, 1976.2. In order to appreciate the nature of controversy between the parties, it is necessary to note a few background facts.3. Petitioner was working in the respondent-Bank in the Junior Management Grade Scale I. While posted as Officer at its Chitradurga Branch, he was served with a charge memo dated June 2, 1990, containing charges of misconduct as an Officer at Consumer Banking Division, Head Office, Bangalore, during the period May 23, 1988 to December 3, 1989. The allegations in the charge are as under:'Charge sheet vide Regulation 6 of The Canara Bank Officer Employees' (Discipline and Appeal) Regulations, 1976. In the matter of alleged misconduct on the part of: Name Sri G.M.S. PrabhuStaff Number 985Desi...
Smt. Kempajamma Vs. Oriental Insurance Company Limited and anr.
Court: Karnataka
Decided on: Oct-05-1999
Reported in: 2(2000)ACC60
H.L. Dattu, J.1. In this petition filed under Article 226 of the Constitution, petitioner primarily questions the correctness or otherwise of the communication of the respondents dated 14.3.1996 and the other ancillary question posed for an answer is the legality or otherwise of the condition No. 1 of the Personal Accident Policy of the Oriental Insurance Company Limited (for short 'Insurance Company') as unreasonable, arbitrary and opposed to constitutional provisions.2. Facts and legal issues raised lie in a very narrow compass. They are:Petitioner's husband late Sri Thimmegowda had taken Personal Accident Policy with the respondent-Insurance Company, while he was alive. He met with an accidental death on 20.9.1992. Petitioner approached the respondents by her application dated 17.7.1995 inter alia claiming the amount under the policy. The claim is rejected by the Insurance Company on the sole ground that the claim is highly belated. Aggrieved by this communication dated 14.3.1996, p...
S. Bangarappa Vs. State by Central Bureau of Investigation, Anti Corru ...
Court: Karnataka
Decided on: Oct-04-1999
Reported in: ILR2000KAR637; 2000(3)KarLJ432
ORDER1. Being aggrieved by the order dated 9-8-1999 ordering for framing of the charge for the offence under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 and to proceed with the trial, the petitioner has filed this petition challenging the correctness and legality of the same with a prayer to quash the further proceedings.2. The allegation as disclosed in the charge-sheet filed against the petitioner is that between 9-8-1988 and 31-10-1997, the petitioner, in his capacity as Legislator, Minister, Chief Minister and as the Member of the Parliament acquired the assets disproportionate to the known source of his income. The whole basis for framing of the charge depends upon the number of items enumerated in Schedule B-II.3. Mr. B.R. Patil, learned Counsel for the petitioner submitted that the allegation is baseless as the investigating agency has taken into account the assets and liabilities of the wife and two sons of the petitioner and of their busi...
State of Karnataka Vs. Adivappa Yallappa Gainal Alias Ganganal and ors ...
Court: Karnataka
Decided on: Oct-04-1999
Reported in: 2000CriLJ2148
M.F. Saldanha, J.1. The State of Karnataka has, through this appeal, assailed the order of acquittal passed in favour of accused Nos. 1 to 6 in S.C.No. 165/91 by the learned II Additional Sessions Judge, Belgaum. The accused are charged for having committed offences punishable under Sections 143, 147, 148, 323, 427, 342, 448, 429 and 302 read with Section 149, I.P.C. It was alleged that on the night of 25-5-1991, at Kenchanahatti Village, the accused persons, in furtherance of their common objective, had formed an unlawful assembly and that they had assaulted some of the prosecution witnesses, but the main allegation is that they had committed the murder of one Basappa Shetappa Jambali, Briefly stated, the allegation was that pursuant to some level of hostility between the two parties, at about the time of the incident, the accused persons got into an altercation with the prosecution witnesses in the course of which they abused them, assaulted them, pelted stones on that house of these...
Union of India (Uoi) and ors. Vs. Vikrant Tyres Ltd.
Court: Karnataka
Decided on: Oct-04-1999
Reported in: 2000(67)ECC363
ORDER1. This contempt petition is filed stating therein that the respondent-contemnor has violated the direction of this Court.2. The brief facts of the case are that the respondent-contemnor was due in certain amounts to the.Department. The respondent-contemnor had filed an application of dispensation of pre-deposit of duty pending hearing and disposal of the appeal. That relief was not granted. Then he approached this Court. A Division Bench to this Court passed an order modifying the order of the learned Single Judge and the respondent-contemnor herein was permitted to deposit 50% of the amount in cash within 60 days and regarding the balance amount of 50% he should get instructions from the Tribunal, by filing an application before the Tribunal in terms of the order passed by the learned Single Judge.3. It is the case of the complainants that the respondent- contemner, as directed by this Court, has not deposited 50% of the amount within the time granted by this Court. Therefore, t...
K.N. Eswara Rao Vs. M/S. K.H. Shama Rao and Sons, Bangalore and Others
Court: Karnataka
Decided on: Oct-01-1999
Reported in: [2001]103CompCas306(Kar); ILR2000KAR228; 2000(1)KarLJ589
ORDERN.S. Veerabhadraiah, J.1. This appeal is directed against the order in Co. P. No. 44 of 1995, dated 17-4-1995 passed by the learned Single Judge dismissing the company petition.2. The brief facts of the case are as follows:The appellant presented the company petition before the learned Single Judge for winding up of the first respondent-partnership firm M/s. K.H. Shama Rao and Sons which is an unregistered Company, for award of cost and for such other reliefs on the allegations that a partnership firm was constituted in the name and style of K.H. Shama Rao and Sons (respondent 1) under the deed dated 1-1-1977 among himself, his brothers, respondents 5, 9, 12 and 16 including the petitioner-appellant representing their family branches. In the meanwhile, a dispute arose between the appellant on the one hand and the respondents on the other hand. Accordingly, respondents 2 to 7 reconstituted the partnership firm by a deed dated 2-4-1992. As per the said deed, the share of the appella...
United India Insurance Company Limited, Bangalore Vs. Chandamma and Ot ...
Court: Karnataka
Decided on: Oct-01-1999
Reported in: II(2000)ACC574; II(2000)ACC631; 2001ACJ1351; ILR2000KAR1302; 2000(2)KarLJ462
Mohamed Anwar, J.1. The short question that has been raised for our determination in this series of appeals and writ petitions by the appellants/petitioners-insurers is:'Whether the insurer is not liable to indemnify the insured owner of a 'contract carriage' against any liability incurred by him on account of death of or bodily injury to third party caused by use ofthe vehicle if the vehicle is used by him as a stage carriage' in a public place in breach of the condition of its permit'?2. Admittedly, the offending vehicles involved in all these cases were the 'contract carriages' covered by valid permits issued by the prescribed authority under the Motor Vehicles Act, 1988 ('the Act' for short). They were involved in the accidents occurred on various dates resulting in injuries to/deaths of several passengers travelling therein, which had given rise to the respective claims to compensation by the victims of accidents or the dependents of the deceased victims, before the respective Mot...
M. Ratnavarma Padival Vs. Karnataka theatres Ltd. and ors.
Court: Karnataka
Decided on: Oct-01-1999
Reported in: [2002]112CompCas282(Kar)
M.F. Saldanha, J.1. The petitioner is a shareholder of respondent No. 1 company namely the Karnataka Theatres Ltd. The dispute raised in this petition is within a very narrow ambit in so far as the petitioner contends that he had obtained an overdraft facility from the South Indian Bank Ltd., Mangalore, in the year 1976 and that as a security for the overdraft, the petitioner had transferred 360 equity shares belonging to the petitioner in respondent No. 1 company to the bank and the company had registered the transfer on March 21, 1976 and entered the name of the third respondent in the register of members of the company. In January, 1987, the third respondent released the security of 360 equity shares in the company and executed three instruments of transfer dated January 14, 1987, transferring the 360 shares in favour of the petitioner. The petitioner lodged with respondent No. 1 company the three instruments of transfer dated January 14, 1987, accompanied by the eighteen share cert...
Surana Pharmaceuticals Pvt. Ltd. Vs. Commissioner of Income-tax
Court: Karnataka
Decided on: Oct-01-1999
Reported in: [2000]243ITR218(KAR); [2000]243ITR218(Karn)
V.K. Singhal, J. 1. At the instance of the assessee, the Income-tax Appellate, Tribunal has referred the following question of law arising out of its order dated November 4, 1996, in respect of the assessment year 1991-92 under Section 256(1) of the Income-tax Act, 1961 :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the applicant was not entitled to claim depreciation on the house property held by it in Bombay which was acquired through acquisition of shares in a co-operative society, where registration under the Registration Act was not required ?'2. The facts of the case are that the assessee purchased the house property at Bombay on which depreciation was claimed. The property was purchased without there being any sale deed registered in favour of the asses-see, though the value exceeded Rs, 100, According to the Assessing Officer depreciation under Section 32 could be claimed only by the owner and as the sale deed had not be...
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