Karnataka Court July 2000 Judgments
Channigappa and Another Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Jul-14-2000
Reported in: ILR2000KAR2941; 2000(6)KarLJ163
ORDERR. Gururajan, J.1. This petition is filed by way of public interest challenging the constitutional validity of Section 124(c) and Section 163 of the Karnataka Panchayat Raj Act, 1993 as amended by Act 8 of 2000 and for a mandamus to State Election Commission not to accept the lists sent by the Government and Deputy Commissioners of the State or notifications issued by the Government and Deputy Commissioners of the State identifying the reservation of Constituencies to Scheduled Castes, Scheduled Tribes, Backward Classes and for Women to Taluka Panchayats and to Zilla Panchayats in the State of Karnataka and not to hold elections to Taluka Panchayats and to Zilla Panchayats as per notifications issued by the Government and the Deputy Commissioners of the State dated 22-4-2000, 20-4-2000, 17-4-2000, 24-4-2000, 26-4-2000 and 28-4-2000 asper Annexures-B, C, E and F. Petitioners have also sought for a direction to constitute a Commission or Committee consisting of retired Judges of Hig...
Tag this Judgment!Jayamma and ors. Vs. K.P. Venkatappa and anr.
Court: Karnataka
Decided on: Jul-14-2000
Reported in: 2001ACJ2004
Hari Nath Tilhari, J.1. This is the claimants' appeal arising from the judgment and award dated 15.12.1993 given in M.V.C. No. 323 of 1990. The claimants felt dissatisfied with the compensation awarded. The Tribunal in this case had awarded the compensation vide para 15 of the order which is being quoted herewith:In view of my above discussions the petitioners are entitled to compensation on various heads as follows:(1) Loss of dependency ... Rs. 90,000(2) Loss of consortium ... Rs. 5,000(3) Loss to the estate ... Rs. 6,000(4) Funeral expenses,obsequies, etc. ... Rs. 3,500---------------Total Rs. 1,04,500---------------Thus, in toto the Tribunal awarded a sum of Rs. 1,04,500 as total compensation and awarded interest at 6 per cent per annum. The finding recorded by the Tribunal on the question of negligence and cause of action has been the sole negligent and rash driving of the motor vehicle by the driver of the bus bearing registration No. MYA 5253 is not in dispute. The finding recor...
Tag this Judgment!K. Amarnath Vs. Smt. Puttamma
Court: Karnataka
Decided on: Jul-13-2000
Reported in: ILR1999KAR4634; 2000(4)KarLJ55
ORDERR.V. Raveendran, J.1. This is a landlord's petition under Section 50(1) of the Karnataka Rent Control Act, 1961 ('the Act', for short). The petitioner filed a petition under clauses (a), (h) and (j) of Section 21(1) of the Act against the respondent herein in regard to the petition schedule premises, alleging that the respondent was in occupation of the petition premises as tenant under him, on a monthly rent of Rs. 150/-. The petitioner also averred that the respondent was inducted as a tenant, by his father (H. Krishnamurthy); that subsequently he became the owner of the petition Schedule premises in pursuance of partition decree dated 14-10-1987 passed in O.S. No. 2030 of 1982 on the file of the City Civil Court, Bangalore; that for purposes of convenience, even after petitioner became the owner and landlord of the premises, his father continued to collect the rents, and that after the death of his father, the respondent was directed to pay the rents to the petitioner; and that...
Tag this Judgment!Dr. Mahesh B.P. and Another Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Jul-13-2000
Reported in: ILR2000KAR3055; 2000(6)KarLJ116
ORDERChandrashekaraiah, J. 1. The Karnataka Public Service Commission (hereinafter referred to as 'KPSC' for short) published a notification dated 30-4-1999 calling for applications for the purpose of selection to the post of Insurance Medical Officers in the Department of Employees State Insurance. Pursuant to the said notification the petitioners and others made applications for selection. The KPSC after scrutinising all the applications with reference to the rules relating to reservation of certain number of posts, issued notice to the eligible candidates to appear before it for selection. Accordingly, the petitioner and others appeared before the KPSC. The KPSC taking into consideration the marks secured in the interview and in the degree examination with rural weightage if any, selected and published the list of candidates on 1-10-1999 as required under the rules. Thereafter, KPSC issued a press note which reads as follows:'The interviews for the following posts will be held from ...
Tag this Judgment!Master K.P. Ponnappa and Another Vs. K.P. Poovaiah and Others
Court: Karnataka
Decided on: Jul-13-2000
Reported in: ILR2000KAR3382; 2000(6)KarLJ275
ORDERMohamed Anwar, J.1. Heard both sides.2. This is plaintiffs' petition directed against the Trial Court's order dated 27-10-1999 made in O.S. No. 58 of 1994 directing him to file a fresh valuation slip by correctly valuing the relief claimed in the plaint to the extent of their share in the suit schedule Item Nos. 7 to 14 valuing the extent of their and also liability in O.S. No. 139 of 1987 based on the extent of their share, and further directing them to pay the Court fee in proportion to the one which was paid by dependent No. 5 in O.S. No. 139 of 1987.3. The suit in O.S. No. 58 of 1994 was instituted by the petitioners-plaintiffs against respondents-defendants 1 to 4, for partition and separate possession of their share in the suit schedule immovable properties described at Items 1 to 14 therein. Respondent 5-Vijaya Bank was made defendant 5 in the suit pleading at para 11 of the plaint that the Bank by instituting suit in O.S. No. 139 of 1987 against the parents and uncles of p...
Tag this Judgment!Dr. B.N. Vadiraja Vs. Dr. Mumtaz Ahmed Khan and Others
Court: Karnataka
Decided on: Jul-13-2000
Reported in: ILR2000KAR3425; 2000(6)KarLJ474
ORDERK.R. Prasad Rao, J.1. This revision petition is filed against the order passed by the IV Additional District and Sessions Judge, Bijapur Educational Appellate Tribunal No. V, dated 6-12-1999 dismissing E.A.T. Appeal No. 6 of 1996 filed by the revision petitioner.2. The facts, which are relevant for the disposal of this revision petition are briefly stated as follows:The petitioner was appointed as Senior Tutor in the Department of Pharmacology, A1 Ameen Medical College, Bijapur, on 7-5-1993 through its letter of appointment-Ex. D-1 on probation for a period of 12 months. The said order of appointment was issued by the Secretary on behalf of the Management of A1 Ameen Medical Trust, Bangalore. Under the terms of the appointment, the period of probation can be extended for a further period of 12 months if his work is found not satisfactory or his services may be terminated. One of the terms of the appointment order is that during his tenure of service he may, at any time, be transfe...
Tag this Judgment!Peter J.R. Prabhu Vs. Asst. Commissioner of Commercial Taxes and ors.
Court: Karnataka
Decided on: Jul-13-2000
Reported in: [2001]105CompCas247(Kar); ILR2001KAR1045
G. Patri Basavana Goud, J.1. M/s. Ajanta Sea Foods Private Limited ('company', for short), is a company incorporated under the Companies Act, 1956. The present petitioners, husband and wife, are among the directors of the said company. The said company is a 'dealer' within the meaning of Section 2(k) of the Karnataka Sales Tax Act, 1957 ('the Act' for short). For recovery of arrears of sales tax for the period from 1991-92 to 1993-94 amounting to Rs. 1,91,390 (the quantum is disputed and an appeal in that regard is said to be still pending), a proceeding under Section 13(3)(b) of the Act was initiated against the company at Criminal Misc. No. 81 of 1997 before the learned JMFC Kumta. Fine levy warrant was issued against the company initially. But, subsequently, the Commercial Tax Authorities furnished the address for execution of the fine levy warrant as follows : 'M/s. Peter J.R. Prabhu, Chairman and Managing Director, Skyline Group of Companies, No. 80, 3rd Cross, Lavelle Road, Banga...
Tag this Judgment!New India Assurance Co. Ltd. Vs. G.R. Radhamani and ors.
Court: Karnataka
Decided on: Jul-13-2000
Reported in: 2001ACJ1317
Hari Nath Tilhari, J. 1. This appeal has been filed against the judgment and award dated 1.2.1992 passed by the Motor Accidents Claims Tribunal X (Mr. M.S. Rajendra Prasad), Bangalore City, in M.V.C. No. 1561 of 1990.2. The Tribunal had awarded compensation as mentioned in the award to the tune of Rs. 1,35,000 to the claimant No. 1 and a sum of Rs. 2,00,000 to the claimant No. 2 in the claim petition. The Tribunal has further observed and held that the New India Assurance Co. Ltd., who was respondent No. 2 before the Tribunal below and is the appellant herein, is and has been jointly liable for the payment of the compensation to the claimants.3. Feeling aggrieved of the said order of the Motor Accidents Claims Tribunal, the respondent No. 2, i.e., insurer has come up in appeal before this court under Section 173 of the Motor Vehicles Act, 1988.4. We have heard Mr. O. Mahesh, learned counsel for the appellant.5. On behalf of the insurance company, an application (LA. 2) was filed under ...
Tag this Judgment!R. Venkatesh Vs. P. Saravanan and Others
Court: Karnataka
Decided on: Jul-12-2000
Reported in: II(2001)ACC52; 2002ACJ1743; 2001(1)KarLJ411
Acts/Rules/Orders:Motor Vehicles Act, 1988 - Section 168Cases Referred:A.S. Sharma v. Union of India and Another, 1995 ACJ 493 (Guj.);Oriental Insurance Company Limited v. Kashim and Another, 1996(1) Kar. L.J. 417: ILR 1996 Kar. 793;General Manager, Kerala State Road Transport Corporation, Trivandrum v. Mrs. Susamma Thomas, 1994(3) Kar. L.J. 39 (SC): AIR 1994 SC 1631;H.T. Bhandary v. Muniyamma, ILR 1985 Kar. 2337JUDGEMENTThis is a claimant's appeal against the judgment and award dated 1-3-1997 passed by the Motor Accidents Claims Tribunal, Bangalore City in M.V.C. No. 45 of 1995.2. According to the appellant, on 16-3-1994 at 3 p.m. he was travelling in an autorickshaw bearing No. KA-02-5824 on Tumkur-Bangalore Road; that when the auto rickshaw was taking a turn towards Bangalore on National Highway No. 4 near Batawadi, lorry bearing No. TN-29-Y-2732 came from the opposite direction being driven in a negligent manner, at a high speed, and dashed against the autorickshaw; and that as a r...
Tag this Judgment!Special Land Acquisition Officer, Karnataka Industrial Areas Developme ...
Court: Karnataka
Decided on: Jul-12-2000
Reported in: ILR2000KAR3527; 2000(6)KarLJ381
ORDER ON COURT FEE1. This appeal is filed against the judgment and award dated 10-2-2000, passed by the Principal Civil Judge (Sr. Dn.), Bangalore Rural District, Bangalore in LAC No. 7 of 1998. The claimants in the said proceedings were owners of certain lands acquired under preliminary and final notifications issue under Section 28(1) and 28(4) of the Karnataka Industrial Areas Development Act, 1966 (for short, 'KIAD Act'). The respondent in the said Reference Proceedings [LAC 7 of 1998] was 'State, by Land Acquisition Officer, KIADB'.2. The Land Acquisition Officer has fixed the market value of the land at Rs. 70,000.00 per acre. The Reference Court had fixed the market value of the land as Rs. 3.40 lakhs per acre. Feeling aggrieved, this appeal has been filed by the 'Special Land Acquisition Officer, Karnataka Industrial Areas Development Board'.3. The appellant has not paid any Court fee on the appeal. The appellant contends that no Court fee is payable on two grounds. The first i...
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