Karnataka Court November 1999 Judgments
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Maria Seva Sangha and Others Vs. B.N. Fernandes and Another
Court: Karnataka
Decided on: Nov-05-1999
Reported in: ILR2000KAR472; 2000(4)KarLJ509
ORDER1. These two matters are coming in the list for admission, but having regard to the fact that these two matters are of the year 1997 and by consent of the learned Advocates for the respective parties, they are taken up for final disposal.2. These two revisions under Section 50(1) of the Karnataka Rent Control Act, 1961 (for short, 'The Act') are directed against the common order of XIII Additional Judge, Court of Small Causes, Mayo Hall, Bangalore, dated 7-7-1997 in H.R.C. Nos. 10444 and 10445 of 1992. Revision petitioners are the petitioners in both the cases, respondent-B.N. Fernandes in H.R.R.P. No. 944 of 1997 is the respondent in H.R.C. No. 10444 of 1992 and respondent-A. Rebello in H.R.R.P. No. 945 of 1997 is the respondent in H.R.C. No. 10445 of 1992 and both the tenants. I shall hereinafter refer to the parties as they are shown in the original eviction petitions. Petitioners filed separate petitions under Section 21(l)(h) of the Act and those two eviction petitions are di...
Miss. H.R. Soumya and Etc. Vs. Controller of Examinations and Registra ...
Court: Karnataka
Decided on: Nov-05-1999
Reported in: AIR2000Kant101; ILR2000KAR114
ORDERTirath S. Thakur, J. 1. Judicial review of Executive, Administrative and quasi-judicial orders, acknowledged as one of the most profound developments in the post Constitution era, is nevertheless subject to certain inherent limitations. Broadly speaking, the Courts have recognised that judicial review does not imply sitting in appeal over the decision under challenge. Lack of expertise with the Courts to correct decisions involving complex question requiring specialised knowledge of a given subject is yet another limitation which may defy a solution at the hands of the Court within judicially manageable dimensions. Authoritative Judicial pronouncements from the Apex Court declare that the Court's examination of the impugned order must remain confined to finding out:--(a) Whether the decision making authority has exceeded its powers? (b) Committed an error of law. (c) Committed a breach of the principles of natural justice or (d) Arrived at a decision which no reasonable person ...
Rajashekaran R. and anr. Vs. Allahabad Bank and ors.
Court: Karnataka
Decided on: Nov-05-1999
Reported in: [2000(87)FLR527]; (2001)IIILLJ368Kant
ORDERR.V. Raveenran, J. 1. The petitioners are Junior Management Scale-I Officers in Allahabad Bank. They were working in Subhashnagar Branch, Bangalore and Palya Branch, Hassan District. The places where petitioners were working, i.e., State of Karnataka fall within the Hyderabad Region. By letters dated September 25, 1999 [ Annexure A and B], petitioners were transferred under SWAP Scheme, to Ahmedabad Region and they have been informed that they will stand automatically relieved as at the close of Office hours on October 16, 1999. They were directed to report at Ahmedabad Regional Office for further posting orders after availing the usual joining time. Petitioners are aggrieved by the said transfers.2. The petitioners do not dispute the right of the Bank Management to transfer them any where in India. Nor do they dispute that transfer is an incidence of Service. Petitioners do not also impute any mala fides to the Management in transferring them, but they contend that the transfer i...
Basanagouda Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Nov-04-1999
Reported in: AIR2000Kant224; 2000(1)KarLJ499
ORDER1. In the first writ petition, the petitioner herein had sought for issue of writ in the nature of prohibition, prohibiting the respondents 3 to 5 from exercising their franchise in the election of the Chairman of the respondent 2-Bank schedule to be held on 7-8-1999 pursuant to the nomination dated 8-7-1999 made by the respondent 1 nominating the respondents 3 to 5 as Board of Directors under Section 29 of the Karnataka Co-operative Societies Act (henceforth in brief as the 'Act') as the Karnataka Ordinance No. 4 of 1999 conferring right to vote on the nominated members in the election had lapsed on 3-8-1999, whereas in the second writ petition, the petitioner-Director of the respondent 3-Bank had prayed for declaration of the above ordinance as unconstitutional, void and inoperativeand further for quashing of the meeting notice dated 29-6-1999, copy as at Annexure-C to that writ petition, issued by the respondent Co-operative Development Officer, Hadagali, convening the meeting ...
Corporation Bank Vs. the Darby and ors.
Court: Karnataka
Decided on: Nov-04-1999
Reported in: [1999]97CompCas1(Kar)
T. N. Vallinayagam, J.1. The Corporation Bank, who was the plaintiff in O. S. No, 2456 of 1990 on the file of the VIth Additional City Civil Judge, Bangalore city, is aggrieved by the part decree granted by the trial court in respect of the cash credit facility transaction, wherein interest has been reduced to 12 per cent. simple per annum from the date subsequent to the suit, has preferred the above regular first appeal.2. The plaintiff's case in brief is that the plaintiff-bank is a banking company wholly owned by the Government of India, having its branch at Lady Curzon Road, Bangalore ; the first defendant is a partnership firm and defendants Nos. 2 to 5 are its partners ; defendants Nos. 1 to 5 are joint borrowers and also defendants Nos. 2 to 7 are guarantors ; on an application of the defendants for financial assistance for running liquor business of the first defendant, the plaintiff bank granted them cash credit facility up to a limit of Rs. 2,00,000 on May 4, 1987, and the sa...
Ningappa Alias Ningaraddi and Another Vs. State Through Gadag Rural Po ...
Court: Karnataka
Decided on: Nov-03-1999
Reported in: 2000(1)KarLJ427
Acts/Rules/Orders:Indian Penal Code, 1860 - Sections 34, 300, 302, 361 and 364;Indian Evidence Act, 1872 - Sections 3 and 45JUDGEMENT M.F. Saldanha, J. 1. The two appellants before us have preferred this appeal which is directed against their conviction and sentence imposed on them by the III Additional Sessions Judge, Dharwad in S.C. No. 106 of 1997. It was alleged that on 23-1-1996, the two accused persons are alleged to have been involved in the kidnap of a six year old boy by name Jagadish and that they had enticed Jagadish who was supposed to have gone to watch a Kabaddi match in the open area near the Panchayat Office of Chikkahandigol Village and that they have thereby committed the offence punishable under Section 364 read with Section 34 of the IPC. The more serious charge was that between 23-1-1996 and 25-1-1996, the accused are alleged to have committed the murder of the minor boy Jagadish in the jowar land of one Ramangouda Patil by strangulating Jagadish and that they have...
T. Ramareddy Vs. the Tahsildar, Bangarpet Taluk, Kolar District and Ot ...
Court: Karnataka
Decided on: Nov-03-1999
Reported in: ILR2000KAR1637; 2000(2)KarLJ230
ORDER1. By this petition, the petitioner has prayed for issuance of writ of mandamus or any order or direction directing the 1st respondent to regularise the sale in favour of the petitioner by accepting the necessary fee as per Full Bench decision of this Hon'ble Court. He has also prayed for quashing of order dated 20-11-1993 passed by the II Additional District and Sessions Judge, Kolar, in M.A. 72 of 1988 (Annexure-F) and for quashing of order dated 30-10-1987 bearing case No. INA. 125:86-87 (Annexure-E) passed by the respondent 1 so far as it relates to claim of the respondents 2 and 5 for entire land of Sy. No. 57 of Kallavihosahalli Village. The petitioner has further prayed for issuance of writ of mandamus directing the respondent 1 not to evict the petitioner without due course of law. 2. The facts of the case in nutshell are that, the Village Offices Abolition Act of 1963, hereinafter referred to as the 'Act' came into force on 1-2-1963. The land of Sy. No. 57 measuring 8 acr...
G. Rajashekara Reddy (Deceased) by L.Rs. Vs. the Karnataka State Road ...
Court: Karnataka
Decided on: Nov-02-1999
Reported in: ILR2000KAR331; 2000(2)KarLJ132
ORDER1. The petitioner who filed this writ petition died during the pendency of this writ petition and his L.Rs are brought on record.2. The petitioner while he was working as Divisional Controller of the respondent-Corporation from 9-4-1989 to 19-3-1990, was made as the Chairman of the Selection Committee for the purpose of selection to the post of helpers. One Mr. Sriram Reddy who was the Administrative Officer of the respondent-Corporation was also one of the members of the selection committee. After the selection, on certain allegations three charges were framed against the petitioner and Mr. Sriram Reddy. The said charges read as follows:'I. For gross misconduct and negligence in the discharge of your official duties in the matter of recruitment for the post of helpers 'B' in the Mysore Division in that you have failed to adhere to the definite criteria in relation to the job recruitment evolved by the Selection Authority for adjudging the suit abilities of the candidates bearing ...
B.B. Bargiyavar Vs. Hubli-dharwad Municipal Corporation, Hubli
Court: Karnataka
Decided on: Nov-02-1999
Reported in: [2000(85)FLR515]; ILR2000KAR1273; 2000(6)KarLJ100
ORDERR. Gururajan, J. 1. Dismissed Second Division Clerk is before me questioning the dismissal of his service on 30-3-1995. He has sought for quashing of the punishment order Annexure-W and also seeking for a direction to refund the petitioner an amount of Rs. 52,021.34 in addition to a further direction for fixation of his gratuity etc. He has also sought for damages against the respondent.2. Brief facts of the case are as under:Petitioner was suspended on 7-8-1972 on the ground of certain omission and commissions on his part while working in the Corporation based on an audit report. The suspension is a subject-matter of writ petition before this Court in W.P. No. 645 of 1979. This Court disposed of the writ petition with the following directions.-'(i) The respondent was to complete the enquiry against the petitioner on or before 16-11-1979; (ii) If the enquiry is not completed before the said date the petitioner shall be reinstated with all consequential benefits to which he is enti...
Shanthaveeraswamy and ors. Vs. State of Karnataka and anr.
Court: Karnataka
Decided on: Nov-02-1999
Reported in: AIR2000Kant153
ORDERV. Gopala Gowda, J. 1. The petitioners, claiming to be the office bearers of Sri Shivayogiswamy Memorial Education Society, Kodla, are seeking to quash the impugned order at Annexure-N dated 4/10-8-1998 under which the 2nd respondent District Registrar of Societies has declared the office bearers, including respondents 3 and 4, as office bearers of the aforesaid society on various grounds. All the grounds urged in the writ petition need not be traversed in view of the fact that under Clause 7 of the bye-laws of the society the term of office of the office bearers is one year and that period had expired long back. 2. The petitioners have already approached the Civil Court seeking declaratory relief and the Civil Court declined to grant interim order and the same was affirmed by this Court in C.R.P. No. 688/98. Annexure-N is followed by Annexure-P dated 30-6-1999 by which the list of office-bearers have been approved for the year 1999-2002. Hence, petitioners have filed I.A.III seek...
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