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Karnataka Court May 2000 Judgments

May 22 2000

Dr. A.S. Shirwal Vs. University of Agricultural Sciences, Bangalore an ...

Court: Karnataka

Decided on: May-22-2000

Reported in: ILR2000KAR3938; 2000(4)KarLJ119

ORDER1. Petitioner was an officer employee of the respondent-University of Agricultural Sciences, G.K.V.K., Bangalore, till the impugned orders of compulsory retirement from service was passed by Board of Regents of the University dated 9-2-1998. He was working as Associate Professor of Soil Sciences in the Regional Research Centre at Brahmavar, Dakshina Kannada, at the relevant point of time.2. The respondent-University on the basis of the complaint lodged by Dr. A.S. Kumaraswamy, who was working as in charge Associate Director of Research at Brahmavar, Dakshina Kannada, had issued a show-cause notice dated 4-10-1996, inter alia alleging certain acts of omissions and commissions said to have been committed by the petitioner, while working as Associate Professor of Soil Sciences at Brahmavar. The show-cause notice directed the petitioner to show cause within 15 days of the receipt of the notice, why disciplinary action should not be initiated against him for the alleged lapses containe...

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May 22 2000

Venkataramanappa Vs. B.N. Narashimhachar and Another

Court: Karnataka

Decided on: May-22-2000

Reported in: ILR2000KAR2280; 2000(4)KarLJ307

ORDER1. The father of the petitioner late Thimmaiah was cultivating the agricultural land bearing S. No. 165/3 measuring 0-19 guntas situated at Dodda Malur Village as a tenant under the respondent 1 who was admittedly the owner during the undisputed point of time. The said Thimmaiah filed Form No. 7 in L.R.M. No. 33 of 1976-77 on the file of the Land Tribunal, Madhugiri which was rejected by it vide order dated 15-7-1986 solely on the ground that the respondent filed resumption application which came to be allowed by the learned District Judge, Tumkur. As against that order, the said Thimmaiah father of the petitioner preferred an appeal before the Land Reforms Appellate Authority, Tumkur, in LRA No. 162 of 1987. The said appeal also came to be dismissed vide order dated 30-9-1988. Being aggrieved by that order, the petitioner preferred this petition under Section 121-A of the Act.2. Heard the learned Advocates appearing for the respective parties.3. The learned Counsel for the respon...

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May 21 2000

Eranna Vs. the Deputy Commissioner, Chitradurga District, Chitradurga ...

Court: Karnataka

Decided on: May-21-2000

Reported in: ILR2001KAR3136; 2001(4)KarLJ371

G.C. Bharuka, J.1. The writ petitioner in W.P. No. 41542 of 1999 has preferred this appeal against the order of the learned Single Judge dated 24-11-1999, by which he has dismissed the said writ petition.2. The controversy raised, in the present appeal is in respect of land measuring 2 acres 38 guntas in Sy. No. 80/8 of Chitranayakanahalli, Thalaku Hobli, Challakere Taluk. Admittedly, this land was granted toone Thippaiah S/o. Mallaiah, who belonged to Adi Karnataka caste, which is a Scheduled Caste. The grant was made in the year 1963 with the condition that it shall not be alienated for a period of 15 years from the date of grant.3. Under registered sale deed dated 29-10-1987, the appellant put-chased the above said land and consequently came in possession of the same. It is not in dispute that the land in question was sold by the grantee to the appellant without seeking previous permission of the Government as required under Section 4(2) of the Karnataka Scheduled Castes and Schedul...

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May 07 2000

S.M. Subramani Vs. Government of India and Another

Court: Karnataka

Decided on: May-07-2000

Reported in: 2001(1)KarLJ474

ORDER1. The petitioner, an ASI in Border Security Force, has filed this writ petition being aggrieved by the order of invalidment passed by the respondents as per Annexure-A declaring him medically unfit and retiring him from the services of the Border Security Force. 2. The brief facts of the case are: The petitioner was selected as Constable by the 2nd respondent during 1968. After training at Yelahanka the petitioner was given posting as Constable, B.S.F. and he worked in various places. In the year 1986 the petitioner was promoted to the post of ASI and posted to Punjab. On13-3-1986 while he was on duty he developed convulsions thrice and the condition was diagnosed as epilepsy. Subsequently, he was sent for examination by the Medical Board and the Board declared him unfit to hold the said post in the services of B.S.F. and the petitioner was medically invalidated and boarded out from the service of B.S.F. Hence, the present writ petition by the aggrieved petitioner challenging the...

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May 04 2000

M/S. Tanir Bavi Power Company Private Limited, Bangalore and Another V ...

Court: Karnataka

Decided on: May-04-2000

Reported in: ILR2000KAR2604; 2000(5)KarLJ220

ORDER1. The 1st petitioner is a Company registered under the Companies Act, 1956, engaged in the business of production of power, and the second petitioner is a shareholder of the first petitioner-Company, They have sought for a direction to the 1st respondent-Karnataka Power Transmission Corporation Limited (hereinafter referred to as 'the KPTCL') to get a letter of credit and also to open and operationalise the Escrow Account and for a further direction to the State of Karnataka to execute a State Support Agreement, in terms of the promises held out by them to the petitioner's Company and to direct the respondents to extend the effective date of the Power Purchase Agreement dated 15-12-1997 in these petitions.2. In order to consider the rival contentions of the parties, it is necessary to state a few facts which are as follows.-The State of Karnataka initiated measures to establish Power Projects promoted by the private sector to meet the acute power shortage in the State as power se...

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May 04 2000

Yadathore Sri Jagadguru Yoganandeshwara Saraswathi Mutt Vs. State of K ...

Court: Karnataka

Decided on: May-04-2000

Reported in: ILR2000KAR2813; 2000(5)KarLJ599

ORDERChandrashekaraiah, J. 1.The petitioner-Mutt has challenged the order dated 5-4-1999 passed by respondent 3 in this petition.2. The petitioner's Mutt is of an ancient origin established over 600 years ago and has its two temples called, by name of deities Sri Chaturbuja Pattabhirama Devaru and Sri Neelakantheswara Swamy at Holenarasipura, Hassan District.3. These dieties were endowed with an extent of 4,222 acres 18 guntas of Devadaya Inam Land in several villages in the Districts of Hassan, Mysore and Mandya. Consequent on the coming into force of Karnataka (Religious and Charitable) Inams Abolition Act, 1955 (hereinafter referred to as 'the Act') the lands vested in the State Government under Section 3(b) of the Act. Under Section 3(h) read with Sections 19 and 21 of the Act, the Inamdar is entitled to compensation from the Government.4. Since the Government did not take any action to fix the compensation (Tasdik) allowance, the petitioner had filed W.P. No. 5391 of 1984 for a di...

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