Court : Karnataka
Reported in : 2000CriLJ2146; ILR2000KAR591; 2000(2)KarLJ255
1. The appellants-accused have been convicted under Section 3 read with Section 7 of the Essential Commodities Act, 1955 for contravening the provisions of Clauses 3 and 9 of the Karnataka Essential Commodities (Maintenance of Accounts, Display of Prices and Stocks) Order, 1981 and accused 2 and 3 have been sentenced to suffer R.I. for three months and to pay the fine of Rs. 1,000/- in default to undergo S.I. for two months.2. The prosecution case is that the accused 2 and 3 arc managing partners of a provision shop by name M/s. Rashmi Brothers, Kirani and General Merchants (accused 1) at Bailhongal and were doing business in the sale of commodities like sugar, kerosene, pulses, edible oil. They had a valid licence under the provisions of the Karnataka Essential Commodities Licensing Order, 1986.3. The PSI, Food Cell, Belgaum on 4-1-1990 inspected the premises. It was found that the accused had not entered the purchase of 25 bags of sugar purchased from different parties in the stock r...
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR162; 2001(2)KarLJ148
M. P. Chinnappa, J.1. The brief facts of the case not in dispute are that on 17-1-1991 General Body of the Bijapur Liberal District Educational Association, elected Sri B.D. Jatti as its President and Sri H.B. Patil as the General Secretary for a period of five years ending on 16-11-1996. The said General Body authorised the President to nominate or appoint office bearers as per the Bye-law 12 of the Association. Accordingly, charge report was submitted to the Assistant Charity Commissioner as required under Section 22 of the Bombay Public Trust Act (for short 'the Act') and the changes were entered in the register. 2. B.D. Jatti the then President found deadlock in the Association and exercising his power under Bye-law 33(e) superseded the Governing Body and he assumed all the powers of the Governing Body in 1993. Being aggrieved by the President's action, an original suit came to be filed. Ultimately, the matter went up to the Supreme Court and the Hon'ble Supreme Court found that ne...
Tag this Judgment!Court : Karnataka
Reported in : AIR2000Kant161; 2001(2)KarLJ351
1. Both the above regular first appeals have been preferred by the defendant in O.S. Nos. 10777 and 10778 of 1987 on the file of the 3rd Additional City Civil Judge, Bangalore City. Both the suits were for recovery of money being the Indian Agency Commission payable to the plaintiff. O.S. No. 10777 of 1987 was decreed for a less sum than what has to be paid for. While, O.S. No. 10778 of 1987 was decreed as prayed for. Aggrieved by the same the above regular first appeals have been filed by the defendants. As the facts are common, both the appeals are taken up together and a common judgment is delivered. Both the appeals are confined only against the grant of pre-suit interest.2. The facts of the case in respect of both the suits are same and which is as follows.-The appellant is a public limited company incorporated under the Companies Act, 1956. The respondent is a registered partnership firm represented by its partners. The respondent is an Indian agent of their foreign Principal M/s...
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR774; 2000(2)KarLJ96
ORDER1. The writ petition is taken up with the consent of parties.2. The petitioner in this writ petition challenges the acquisition proceedings with respect to Sy. No. 15/1 measuring 2 acres 21 guntas. The petitioner also seeks an enquiry by the Central Bureau of Investigation.3. The petitioner claims that he is the owner of the land measuring 2 acres 20 guntas in Sy. No. 15/1 situated at Lalbagh Upparalli, Bangalore South Taluk. The said property was purchased by the petitioner's uncle late Patel Chikka Kanakappa. Chikka Kanakappa and the petitioner's father Devanna were brothers. Under the registered partition deed dated 26-4-1932 (Annexure-A) Sy. No. 15/1 has come to the share of the petitioner's father. The record of rights in respect of Sy. No. 15/1, Index of lands, city survey atlas copy, village map of Lalbagh Upparalli are produced at Annexures-B, C, D and E.4. It is submitted that the petitioner was not aware of any claim made by any one in respect of the said land, but came ...
Tag this Judgment!Court : Karnataka
Reported in : 2000CriLJ2428; ILR2000KAR1974; 2000(2)KarLJ362
M.F. Saldanha, J.1. The State of Karnataka, through this appeal has assailed the order of acquittal passed in favour of the respondent-accused by the learned J.M.F.C., Hungund in C.C. No. 1179 of 1988. Briefly stated, the accused Hanamappa Hugar who was working as the Secretary of the S.K. Budihal V.S.S.S. between the years 1976 and 1984 is alleged to have misappropriated three amounts of money during the period from 1-7-1983 to 31-3-1984. The three amounts in question are an amount of Rs. 2,400/-which was the salary amount payable to one P.B. Goudar who was another employee of the society, an amount of Rs. 72-50 which was detected to be short when the accounts were audited and an amount of Rs. 15,080-42 which amount was the cash balance which the accused had to handover on 31-3-1984 when he was relieved of his charge and which he failed to do. The accused was tried by the learned JMFC and the Court by judgment and order dated 23-11-1994 acquitted the ac-cused holding that all the thre...
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR710; 2000(2)KarLJ456
ORDERR. Gururajan, J.1. This petition is filed by way of public interest by Anjuman-E-Tarreqi-E-Funkaran-E-Urdu, Bangalore. The petitioner has sought for the following prayers.-(a) Quash by writ of certiorari the notification bearing No. DPAR:07:SRR: 94, Bangalore, dated 21-7-1997 insofar as prescribing passing of Kannada Paper for the main examination vide Annexure-B.(b) Declare Schedule II of the Karnataka Recruitment of Gazetted Probationers (Appointment by Competitive Examinations) Rules, 1997 insofar as prescribing the written Examination Paper I Kannada under the head Main Examination is ultra vires to the Rights guaranteed to the Minorities under Articles 29 and 30 of the Constitution of India.(c) Direct by writ of mandamus to the respondent-Authorities not to impose passing of Kannada as compulsory subject for selection to the post of Gazetted Probationers.(d) Pass any appropriate order as deemed fit by this Hon'ble Court.(e) Award cost.2. In the body of the writ petition, the ...
Tag this Judgment!Court : Karnataka
Reported in : AIR2000Kant209; ILR2000KAR754; 2000(2)KarLJ78
ORDER1. Sri T.K. Vedamurthy, the learned Government Pleader, is directed totake notice for respondents 1 and 2.2. Petitioner claims to be the registered owner of vehicle bearing Registration No. KA25/5656. The vehicle is hypothecated to the Karnataka State Financial Corporation ('KSFC' for short), the third respondent herein. As the petitioner committed default in paying the amounts due to the KSFC, the vehicle was seized by KSFC from the possession of the petitioner on 16-3-1996. Petitioner had paid the motor vehicle tax in regard to the vehicle upto 31-3-1996. The motor vehicle tax for the period commencing from 1-4-1996 was not paid either by the petitioner or by the KSFC. The seizure of the vehicle and non-use of the vehicle as a consequence of such seizure, was not intimated to the first respondent either by the petitioner or by KSFC. It was only by a letter dated 21-5-1997, the KSFC informed the first respondent that the vehicle had been seized on 16-3-1996 and that the vehicle w...
Tag this Judgment!Court : Karnataka
Reported in : II(2000)ACC392; 2000ACJ1039; AIR2000Kant202; ILR2000KAR886; 2000(2)KarLJ207
Mohamed Anwar, J. Appellant is the insurer of the offending jeep vehicle bearing No. CTA 5241 of respondent 4 (R-4). The judgment and award dated 17-10-1996 of the M.A.C.T., Udupi, Dakshina Kannada, holding the appellant also liable to pay 50% of the compensation to the claimants has been challenged by it on the' ground that it is not liable in law to pay the same since the 'Act only policy of insurance' issued by it in respect of the said private jeep vehicle did not cover the risk to the passengers travelling therein, as the deceased victim Ganapathi Adiga was an occupant thereof when it met with accident.2. A few relevant facts, as justifiably found proved by the Tribunal,are as stated under:On 7-10-1992, the deceased was travelling as a gratuitous passenger in the said jeep vehicle from Udupi to Kundapura in the District of Dakshina Kannada. It was being driven in high speed by its owner R-4. It was racing behind the goods truck bearing registration No. MIR 9247 which was transport...
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR1942; 2001(2)KarLJ604
A.V. Srinivasa Reddy, J.1. Aggrieved by the order dated 3rd March, 1999 passed by the learned Single Judge dismissing W.P. No. 2193 of 1999 the petitioner has preferred this appeal challenging the validity and correctness of the order.2. The brief facts of the case are:The demand notice Annexure-K was issued by the Deputy Commissioner of Excise, Gulbarga District calling upon the appellant to pay Rs. 10,89,164/- as penalty within 15 days from the date of receipt of the demand notice for failure on the part of the appellant to mature the arrack as required under Rule 14(3) of the Karnataka Excise (Manufacture and Bottling of Arrack) Rules, 1987 (hereinafter called 'the Act'). Earlier to the demand notice, the Inspector of Excise, Gulbarga had served a show-cause notice, produced as Annexure-J to the writ petition, on the appellant on 16-12-1995 asking the appellant to show cause why action should not be taken against him for violating Rule 14(3) of the Rules. The appellant challenged th...
Tag this Judgment!Court : Karnataka
Reported in : 2000CriLJ2341; ILR2000KAR1255; 2000(2)KarLJ183
1. This appeal is filed by the complainant against the order of acquittal of the respondent-accused in respect of the offence under Section 138 of the Negotiable Instruments Act, (hereinafter referred to as 'the Act') in Crl. A. No. 10004 of 1998 on the file of the Court of the IV Additional Sessions Judge, Mayo Hall, Bangalore by the judgment dated 4-7-1998 by allowing the appeal and setting aside the order of conviction and sentence passed by the learned X Additional Chief Metropolitan Magistrate, Bangalore in C.C. No. 22669 of 1997.2. The appellant-complainant filed the complaint in the Trial Court in C.C. No. 22669 of 1997 under Section 138 of the Act alleging that the respondent-accused has issued a cheque for Rs. 5,00,000/- dated 15-3-1997 by way of refund of the advance amount received under an agreement of sale transaction for the purchase of the land, when it was ultimately found that the said land does not belong to the respondent. When the said cheque was presented for payme...
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