Karnataka Court October 2000 Judgments
Dr. Vidya A.B. and ors. Etc. Vs. Union of India (Uoi) and ors.
Court: Karnataka
Decided on: Oct-25-2000
Reported in: AIR2001Kant135; ILR2001KAR1069
ORDERA.V. Srinivasa Reddy, J.1. The existence of a statutory right in favour of the petitioners and a corresponding statutory duty on the part of the authority are sine-qua-non for a writ of mandamus. The primary object and function of a Court in a petition filed for issuance of a writ of mandamus is one of commanding or ordering the doing of an act which has been declined by the executive in the course of its administrative function. The Court does not perform the function of 'adjudicating' on the right of the petitioner who is before Court. Even in cases, where the right springs from the statute itself and it is there for all to see, a person moving the Court for a writ of mandamus has to first exhaust the remedy available to him by laying a claim before the executive. It is so, even where the right is clear, unqualified and specific. The primary function of the Court in the writ of mandamus proceedings being one of merely commanding the performance of a certain act by the executive ...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Husensab Goususab Talikaoti and ors.
Court: Karnataka
Decided on: Oct-25-2000
Reported in: 2001ACJ2008
Mohamed Anwar, J.1. By this batch of writ petitions, the petitioner Oriental Insurance Co. Ltd. (hereinafter referred to as 'the insurer') prays to set aside the common judgment and separate awards dated 20.8.98 of the Motor Accidents Claims Tribunal, Saundatti ('the Tribunal' in short) made in M.V.C. Nos. 1161, 1162, 1564 and 1565 of 1997 fastening the liability on the insurer to pay the compensation amounts under the said awards to the respective claimants-award holders.2. Admittedly, petitioner was the insurer of the offending heavy goods vehicle, i.e., lorry bearing No. MYL 7471 of respondent No. 1 (in short 'the insured') and that the said vehicle was covered by the Act policy of the insurer at the material time when it met with accident on 6.5.96 while it was transporting the injured victims who were travelling therein along with their goods. The only ground involving the point of law, on which the liability of the insurer under the impugned judgment and awards challenged is that...
Tag this Judgment!institute of Hotel Management, Catering Technology and Nutrition Vs. W ...
Court: Karnataka
Decided on: Oct-25-2000
Reported in: [2001(90)FLR333]; (2001)IILLJ1315Kant
M.P. Chinnappa, J.1. The brief facts of this case are that the petitioner institution which was earlier known as Food Craft Institute was established in March, 1969 which is sponsored by the Government of India and is an autonomous body, registered under the Mysore Societies Registration Act, 1960. The petitioner conducts classes and prepares the students who in turn sit for the examinations conducted by the National Council for Hotel Management and Catering Technology. The National Council is also registered as a Society and this Council conducts examination for which training is imparted by the petitioner institution and several other institutions. The National Council consists of representatives of Government of India and certain others. The petitioner Institute is carried on under the Authority of the Central Government. The Government of India has also issued notification under Section 14 of the Administrative Tribunal Act thereby stating that all service matters pertaining to the...
Tag this Judgment!A. Basavarajappa Vs. the Village Accountant, Nittuvalli Village Davang ...
Court: Karnataka
Decided on: Oct-24-2000
Reported in: 2000(6)KarLJ496
ORDER1. This is an unusual petition placed before this Court for grant of a relief of a direction to implement an alleged order alleged to have been made by the Tahsildar dated 29-1-1996 bearing No. RRTCR 147(A)78-79.2. The facts in brief as mentioned in the writ petition are as under:The petitioner is the owner of the land measuring No. 64/2 measuring 4 acres and 14 guntas situated at Nittuvalli Village, Taluk Davangere. According to the petitioner a competent Civil Court declared him to be the owner of these lands in O.S. No. 83 of 1991 vide order dated 25-11-1995. Petitioner seems to have approached the Tahsildar, Davangere in the matter of implementation of the judgment and decree passed by the learned Munsiff. According to him he requested the Tahsildar to enter his name in the concerned record of rights and also in the cultivators column. The further averments are that the Tahsildar in response to the representation made by the petitioner passed an order on 29-1-1996 ordering ent...
Tag this Judgment!Asian Aid Organisation Welfare Trust Vs. Union of India (Uoi)
Court: Karnataka
Decided on: Oct-24-2000
Reported in: 2000(72)ECC715
ORDERV. Gopala Gowda, J.1. Petitioner is a Trust. It is engaged in philanthropic activities. It is receiving aid from Asian Aid Organisation, Australia, in order to meet the expenses for its activities. The Income Tax Department has recognised it as a charitable institution and petitioner is exempted from income tax on the donations received by it. In the year 1995 the petitioner received huge contribution equivalents to 50,000 dollars from Asian Aid Organisation. In order to receive the foreign funds, petitioner had to apply for registration under the Foreign Contribution (Regulation) Act, 1976 (hereinafter referred to as 'the Act') in From FC-B. Petitioner was informed under Annexure-C dated 28.7.1995 that t was not registered under the Act. However, it was further informed that the petitioner can receive foreign contribution after obtaining prior permission from the Central Government Under Section 6(1A) of the Act. After correspondence, under the impugned orders at Annexure-F1 the ...
Tag this Judgment!The Oriental Insurance Company Limited Vs. K. Buden Sab and Another
Court: Karnataka
Decided on: Oct-20-2000
Reported in: I(2001)ACC564; I(2002)ACC139; 2002ACJ139; ILR2000KAR5030; 2001(1)KarLJ352
ORDER1. This appeal is by the Insurance Company challenging the award passed by the MACT, Bellary insofar as its liability to satisfy the award is concerned.2. The first respondent was carrying 200 bags of puffed rice in the lorry belonging to the second respondent and the lorry capsized and fell down on its right side and went into the tank. Consequently, 200 bags of puffed rice was lost and therefore, he filed a claim petition claiming compensation of Rs. 14,030/- being the value of 200 bags of puffed rice and Rs. 2,000/- towards the value of the gunny bags and Rs. 30A being the loading charges. The appellant-Insurance Company in its written statement denied the accident and claimed that the liability if any is subject to the condition of the insurance policy. The Tribunal on appreciation of the evidence, on the issue regarding negligence, has held that the accident is due to negligence of the driver of the vehicle and awarded compensation of Rs. 12,030/- with interest at 9% p.a. fro...
Tag this Judgment!Syed Mujibur Rahman Vs. Abdul Azeez
Court: Karnataka
Decided on: Oct-20-2000
Reported in: AIR2001Kant104
ORDERMohamed Anwar, J.1. This revision by defendant in disposed of O.S. No. 10146/1987 is directed against the trial Court's order dated 15-4-1999 by which the application of respondent-plaintiff filed under order 9 Rule 9 of the C.P.C. along with LA. No. 1 under S. 5 of the Limitation Act has been allowed setting aside dismissal of the latter's said suit and restoring it to the file of the Court below for further proceeding and trial.2. The undisputed facts giving rise to this revision may be stated as follows :The said O.S. No. 10146/1987 was originally instituted by respondent (hereinafter referred to as 'the plaintiff) on 10-2-1987 against petitioner (defendant) for the bare relief of permanent injunction in respect of the plaint schedule house site. The groundson which the suit filed were that that defendant who was the owner of the suit site, agreeing to sell the same to the plaintiff, had received considerable amount of sale consideration from him promising to execute in his fav...
Tag this Judgment!B.V. Subba Reddy Vs. Deputy Commissioner of Commercial Taxes and ors.
Court: Karnataka
Decided on: Oct-20-2000
Reported in: [2002]125STC287(Kar)
H.L. Dattu, J.1. Sri Veda Murthy, learned Government Advocate is directed to take notice for respondents and is permitted to file memo of appearance within six weeks from today.2. Though the matter is listed in preliminary hearing 'B' group, with the consent of the learned counsel for the parties to the Us, the matter is taken up for final hearing.3. Petitioner is a contractor. He is also registered himself under the provisions of the Karnataka Sales Tax Act. For the assessment year 1997-98, petitioner had approached the respondent-assessing authority seeking permission for composition of tax as provided under Section 17(6) of the Act. Accepting the request so made by the petitioner, the assessing authority, has proceeded with the matter under Section 17(6) of the Act. Thereafter, petitioner had approached the respondent-authorities requesting them to complete the assessment in his case not under Section 17(6) of the Act, but under Section 5-B of the Act. The request so made by the pet...
Tag this Judgment!Bellary Steels and Alloys Ltd. and ors. and Escorts Mahle Ltd. Vs. Sta ...
Court: Karnataka
Decided on: Oct-18-2000
Reported in: ILR2001KAR805; [2001]123STC189(Kar)
Ashok Bhan, Ag. C.J. 1. This order shall dispose of Writ Appeal Nos. 1717--1721 of 1999 arising from the common order passed by the single Judge in Writ Petition Nos. 30955 to 30959 of 1998 and other connected writ petitions dated November 30, 1998 [T.V. Sundaram lyengar & Sons Ltd. v. State of Karnataka [2000] 117 STC 121 (Kar)] and Writ Appeal Nos. 8191--8193 of 1999 arising from the common order passed in Writ Petition Nos. 28486--28488 of 1999 and other cases dated November 18, 1999 [Escorts Mahle Limited v. State of Karnataka . The appeals are taken up together for disposal as some of the points raised in both the sets of appeals are common and relate to the validity of the notification dated September 23, 1998 and the applicability of the Karnataka Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1979 (for short 'the Entry Tax Act') to certain areas. They were argued together before us at the same time. The facts giving rise to the additional point...
Tag this Judgment!H.P. Lakshminarayana Vs. Karnataka Forest Development Corporation and ...
Court: Karnataka
Decided on: Oct-16-2000
Reported in: ILR2000KAR5089; 2001(2)KarLJ623
ORDER1. The petitioner has filed this writ petition praying for quashing of the recruitment rules of the first respondent prescribing a period of 7 years as the minimum service for promotion to the cadre of Assistant Divisional Manager.2. The petitioner is working as Assistant Divisional Manager of the first respondent. His grievance is that a distinction has been made in the matter of recruitment of Divisional Managers. It is his case that the rules provide for recruitment of the Divisional Manager by deputation from the cadre of Deputy Conservator of Forests or by promotion from the Cadre of Assistant Divisional Manager. The Recruitment Rules of the Forest Department provide for promotion of Assistant Conservator of Forests who have put in five years of service to the post of Deputy Conservator of Forests, whereas, the Recruitment Rules of the first respondent-Corporation provides for promotion of only the Assistant Divisional Managers who have put in seven years of service to the po...
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