Karnataka Court November 2000 Judgments
Management of Karnataka Road Transport Corporation Vs. M.B. Ramakrishn ...
Court: Karnataka
Decided on: Nov-30-2000
Reported in: ILR2001KAR82; 2001(4)KarLJ22
V.P. Mohan Kumar, J. 1. The respondent is an employee of the Corporation. The issue is as whether a resignation submitted once and accepted by the employer could be withdrawn by the employee. The employee in question submitted this resignation on 5-2-1994. It is alleged that it was accepted by the employer on 8-2-1994. But on 9-2-1994 before its communication or rather it became effective, the worker withdrew the same. On 11-2-1994 the order of acceptance was communicated and he was relieved of his duties and he was refused work. The worker thereupon raised a dispute before the Labour Court. It was defended by the employer contendingthat the resignation had become effective on 8-2-1994 on acceptance itself and the same could not have been withdrawn on 9-2-1994. It was hence contended that employer was justified in terminating the services of the worker.2. The Labour Court upheld the contention of the employer and rejected the reference. The worker filed the writ petition from which the...
Tag this Judgment!Dr. S.P. Thirumala Rao Vs. Union of India and Another
Court: Karnataka
Decided on: Nov-29-2000
Reported in: ILR2001KAR541; 2001(4)KarLJ5
ORDERThe petitioner has filed this petition praying for a writ of mandamus directing the respondents not to implement the Tatkal Scheme. Under the Tatkal Scheme a person paying Rs. 4,000/- would be given out of turn allotment of LPG cylinders for domestic use.2. The petitioner has averred in the petition that the marketing of LPG is being regulated by the first respondent through three Public Sector Companies and several private dealers. As there were many shortcomings in the marketing of LPG, a Committee under one Mrs. Sudha Joshi was appointed to study the problems of the LPG consumers and dealers and submit its recommendations. The Committee submitted its report and the first respondent accepted it. It is the grievance of the petitioner that though the first respondent accepted it, it has not so far given effect to any of the recommendations of the Committee and on the other hand it has now come up with the impugned Tatkal Scheme for out of turn allotment of LPG connections to perso...
Tag this Judgment!K. Chandrasekhara Ajila Vs. the District Magistrate and Deputy Commiss ...
Court: Karnataka
Decided on: Nov-28-2000
Reported in: ILR2001KAR424; 2001(4)KarLJ237
ORDERChandrashekaraiah, J. 1. The petitioner in this writ petition has sought for a declaration declaring that the District Magistrate has no power or jurisdiction to insist upon a licence for running a vegetarian hotel under Section 31(1)(w) of the Karnataka Police Act, 1963.2. The facts in this case are as follows.-The application of the petitioner for renewal of licence for running a hotel by name 'Hotel Redrose' situated at Bijapur Town was rejected by the Deputy Commissioner by its order dated 5-7-1999. This order has made the petitioner to file the writ petition for a declaration that no such licence is required for running a vegetarian hotel. In order to consider whether the licence is necessary for the purpose of running a vegetarian hotel, it is useful to refer to certain provisions of the Karnataka Police Act, 1963 (hereinafter referred to as 'Act').Section 31(1)(w) reads as follows.- 'Section 31, Power to make orders for regulation of traffic and for preservation of order in...
Tag this Judgment!Eco Ceramics, Belgaum Vs. Karnataka State Financial Corporation, Banga ...
Court: Karnataka
Decided on: Nov-28-2000
Reported in: AIR2001Kant167; 2001(4)KarLJ463
ORDER1. The petitioner and Jay Cement Pipes are two concerns. The petitioner borrowed two loans from Karnataka State Financial Corporation (hereinafter referred to as 'KSFC') and the said loans have been fully repaid. The KSFC issued two letters vide Annexures-A and B stating that the loans have been repaid and calling upon the petitioner to take back the documents offered as security for the loans. Subsequently, the impugned letter at Annexure-F, dated 6/7-5-1999 has been issued to the petitioner stating that the documents will not be released/returned since the petitioner has filed a case in the Kerala High Court arraying KSFC a party to the same which calls expensive. It is further stated that until the disposal of the said case or the petitioner got the name of KSFC deleted, documents will not be returned to the petitioner. The petitioner has filed this writ petition seeking to quash the letter at Annexure-F and to direct the respondents to execute release deed and to return the do...
Tag this Judgment!Shivaji Rao M. Poal Vs. M.Y. Ghorpade and ors.
Court: Karnataka
Decided on: Nov-28-2000
Reported in: ILR2003KAR2623
ORDERKuranga, J.1. This election petition (hereinafter referred to as 'the Petition') has been filed by the petitioner viz., Shivaji Rao M. Poal (hereinafter referred to as 'the Petitioner') for declaring that the declaration of result of Respondent No. 1 from No. 35 Sandur Assembly Constituency as null and void; declaring that respondent No. 1 has committed corrupt practices under Sections 123(6) read with Section 100(1)(b) and 100(1)(d)(ii) of the Representation of the People Act, 1951 (for short 'the Act'); declaring that the result of the election of respondent No. 1 as having been materially affected under Section 100(1)(d)(iii)& (iv) of the Act; declaring that the fifth respondent has procured the maximum valid votes; and to order for recount of all the votes including rejected votes and name respondent No. 1 as having committed corrupt practices under Section 98 of the Act and such other persons who have committed the corrupt practices.2. After service of summons on respondent N...
Tag this Judgment!B.P. Venkatesulu Vs. K.P. Mani Nayar
Court: Karnataka
Decided on: Nov-28-2000
Reported in: 2001(1)ALD(Cri)544; [2001]104CompCas348(Kar); 2001CriLJ745
Mohamed Anwar, J.1. Heard the arguments of learned Counsels for both sides.2. This petition by the complainant in CC No. 22663 of 1991 disposed of on the file of the learned XIV Additional CMM, Bangalore, is directed against the judgment dated 23.7.1999 of the lower Appellate Court viz., IV Additional City Civil and Sessions Judge, Bangalore, passed allowing respondent's Cr. A. No. 15008 of 1999 and setting aside the latter's conviction and sentence recorded by the learned trial Magistrate by his judgment of conviction dated 26.3.1999.3. On 10.5.1991, the complaint under Section 200, Cr.PC was presented by the complainant before the trial Magistrate in PCR No, 77 of 1991 against respondent K.P. Mani Nayar alleging Commission of the offence under Section 138 of the Negotiable Instruments Act, 1881 ('the Act' for short) by him. The material allegations in the complaint were that on 14.8.1987, the respondent (hereinafter referred to as 'the accused') borrowed a loan of Rs. 1,50,000/- in c...
Tag this Judgment!Karnataka State Road Transport Corporation Vs. Ariff HussaIn and anr.
Court: Karnataka
Decided on: Nov-28-2000
Reported in: (2002)IVLLJ573Kant
ORDERM.F. Saldanha, J. 1. I have heard the learned advocates on both sides. It is one more of the cases where the corporation has dismissed the respondent-employee from service on December 2, 1998 on the ground that his unauthorised absence constitutes gross misconduct. The allegation was that he had remained absent from duties during the period October 3, 1997 to January 23, 1998 though his learned advocate has clarified that the actual absence was really upto December 11, 1997 when the charge-sheet was issued to him. The corporation's learned counsel points out to me that despite this, he still did not report for work until January 23, 1998. The defence plea was that the employee was unwell and he has produced a series of medical certificates in support of the plea that he was suffering from hepatitis. Also, he has relied on several documents in support of his plea that he had been sending applications for extension of leave. The view taken by the corporation is that leave has got to...
Tag this Judgment!Gowri Shankar Finance Ltd. Vs. Commissioner of Income-tax
Court: Karnataka
Decided on: Nov-27-2000
Reported in: (2001)166CTR(Kar)137; [2001]248ITR713(KAR); [2001]248ITR713(Karn); [2001]116TAXMAN375(Kar)
Ashok Bhan, J.1. The Income-tax Appellate Tribunal, Bangalore Bench (for short, 'the Tribunal'), has referred the following three questions of law under Section 256(1) of the Income-tax Act, 1961 (for short 'the Act'), at the instance of the assessee to this court for its opinion along with the statement of case. It arises from the order of the Tribunal in I. T. A. No. 457/B of 1994, dated September 12, 1994.'1. Whether, on the facts and circumstances of the case, the Tribunal was justified in holding that the applicant was not entitled to the claim of depreciation on the consumer durables which were leased by the applicant to various customers ? 2. Whether, on the facts and circumstances, the Tribunal was right in concluding that there was no 'actual cost' incurred by the applicant as defined under Section 43(1) of the Act to justify the claim of depreciation ? 3. Whether the Tribunal was right in interpreting the lease rent received as a recovery of cost of materials leased to hold t...
Tag this Judgment!Smt. Aisha Bi and Another Vs. M. Shamsher Khan
Court: Karnataka
Decided on: Nov-24-2000
Reported in: ILR2001KAR546; 2001(1)KarLJ451
1. Aggrieved by the judgment and decree dated 7-6-1999 passed by the City Civil Judge, Bangalore in O.S. No. 507 of 1997, the defendants have preferred this Regular First Appeal under Section 96 of the Code of Civil Procedure. 2. The plaintiff had filed the above suit for partition and possession of the suit schedule house property. His case as made out in the plaint is that he is the son from first wife of late Mohamad Haroon Khan, whereas the first defendant is the second wife of his late father and the second defendant is the son from the first defendant. It has further been stated in the plaint that the father of the plaintiff was employed as a Head Constable in Bombay Police Department and he died intestate on 17-2-1976 while he was still in service leaving behind him the plaintiff and the two defendants as his legal heirs. The plaint further states that the first defendant had received Rs. 40,000/- towards the arrears of salary and other pensionary benefit of his late father on b...
Tag this Judgment!D.V. Sadananda Gowda Vs. State of Karnataka and Another
Court: Karnataka
Decided on: Nov-24-2000
Reported in: ILR2000KAR5102; 2001(2)KarLJ154
ORDERK. Sreedhar Rao, J.1. The petitioner, who is a member of a legislative assembly representing Puttur Constituency and also the Deputy Leader of Opposition in Karnataka Legislative Assembly has raised a contention in the writ petition that the Government is adopting discriminatory policy in considering the recommendations and the views of the members of the legislative assembly while appointing the members to (i) Aradhana Committee, (ii) Committee for regularisation of unauthorised occupation of the Government land and Land Grant Committee and (iii) The Land Tribunals. 2. With regard to the appointment of the members to the Land Tribunal, instructions are issued by the Government dated 11-11-1991 at Annexure-A to the Assistant Commissioners and to the Deputy Commissioners laying down the guidelines to be followed by them while recommending the names of the persons to be appointed as members of the Land Tribunal and in the proposed recommendations, there should be a proposal of a nam...
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