Karnataka Court July 2000 Judgments
Gulam Khader and Another Vs. United India Insurance Company Limited an ...
Court: Karnataka
Decided on: Jul-11-2000
Reported in: 2001ACJ163; ILR2000KAR4416; 2001(1)KarLJ340
1. This is a claimants' appeal arising from the judgment and award dated 23-9-1996 passed in MVC No. 1039 of 1993 by the Motor Accidents Claims Tribunal-IX, Bangalore City. For convenience, the parties will be referred to by their ranks before the Tribunal.2. The claimants are the parents of one Hazi Mohammed Haneef. He died in a motor accident on 30-3-1993, when tempo bearing No. CAA 6591 (of which the second respondent is the owner and the first respondent is the insurer) dashed against the motorcycle (KA-01-H-7054) which he was riding. Feeling aggrieved, the claimants filed MVC No. 1039 of 1993 claiming compensation of Rs. 15,12,000.00.3. Petition was resisted by the respondents. On the pleadings, Tribunal framed the following issues:1. Whether the petitioners prove that the accident which took place on 30-3-1993 at about 11.10 p.m. near Maharani's College Circle, resulting in death of one Hazi Mohammed Haneef, was due to rash and negligent driving of tempo bearing No. CAA No. 6591 ...
Tag this Judgment!P.C. Sreeram Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Jul-11-2000
Reported in: ILR2000KAR3358; 2000(6)KarLJ266
ORDERChandrashekaraiah, J.1. The petitioner in this writ petition has sought for striking down the Rule 3(3) of the Rules called the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 on the ground that it is arbitrary. Rule 3(1), (2) and (3) of the Rules reads as follows:'3. (1) Appointment on compassionate grounds under these rules shall not be claimed as a matter of right and shall not be given as a matter of course.(2) Appointment under these rules shall be restricted to the dependent of a deceased Government servant, the following order of preference namely...(3) An adopted son or daughter of a deceased Government servant, shall not be eligible for appointment under these rules'.According to the learned Counsel for the petitioner, the rule which excludes adopted son for consideration for appointment on compassionate grounds is arbitrary. The appointment to be made on compassionate grounds is only to provide an employment to the dependents of deceased Gover...
Tag this Judgment!The United India Insurance Company Limited Vs. Jahur Begaum and Others
Court: Karnataka
Decided on: Jul-10-2000
Reported in: 2001ACJ1655; ILR2000KAR3796; 2001(1)KarLJ316
ORDER1. This appeal under Section 173(1) of the Motor Vehicles Act, 1988 arises from the judgment and award dated 12-7-1994 whereby the Tribunal has awarded compensation to the tune of Rs. 50,800 with cost and interest at the rate of 6% p.a. from the date of petition till the date of realisation payable by the respondents 1 to 3 jointly and severally. Respondent 3 before the Claims Tribunal is the appellant in this present appeal.2. On behalf of the appellant only one and one contention has been raised that the learned Tribunal has erred in fastening the liability on the Insurance Company with reference to the death caused in the accident particularly when the deceased person was a passenger in the jeep covered by the 'Act policy'. Learned Counsel contended that the Tribunal erred in not seeing the insurance covered jeep bearing No. MGR 7095 only for 3rd party risk, i.e., the 'Act policy' which covers only liability for third party and it does not cover the liability of the occupants i...
Tag this Judgment!Sri Durga Enterprises Vs. the Commissioner, Bangalore Mahanagar Palika ...
Court: Karnataka
Decided on: Jul-10-2000
Reported in: AIR2000Kant399; 2001(2)KarLJ174
ORDERAshok Bhan, Actg. C.J.1. The short point for consideration in this appeal is as to whether the Special Notice enhancing the annual value of the appellant's property issued by the Corporation of the City of Bangalore (for short, 'Corporation') is in violation of the statutory provisions and violation of the principles of natural justice and, if so, to what effect. 2. Writ petitioner-appellant (for short, 'the appellant') is a partnership concern carrying on the business of Boarding and Lodging at Nos. 40 and 41, M.G. Road, Bangalore, for the last 25 years. The appellant was assessed to property tax by the Corporation for the above premises under the Karnataka Municipal Corporations Act, 1976 (for short, 'the Act') from time to time on the annual letting value. Taxes were paid in terms of the demand. The revised annual value for the premises was Rs. 3,51,000/-. For the assessment year 1999-2000, the appellant had paid property tax on the annual letting value of Rs. 3,51,000/- on 18-...
Tag this Judgment!Akkasali Ashok Vs. State of Karnataka
Court: Karnataka
Decided on: Jul-10-2000
Reported in: 2001CriLJ624; ILR2000KAR4672; 2001(3)KarLJ96
B. Padmaraj, J.1. Heard the arguments of the learned Counsel for the appellant and the learned State Public Prosecutor for the respondent-State and carefully perused the case records in detail with their assistance.2. The sole accused is the appellant. The deceased, Smt. Sunanda, aged about 25 years, was the wife of the accused. P.W. 10 is the brother of the deceased. The deceased, Smt. Sunanda had another brother by name Ravindra, who was working in Gubbi Veeranna Theatre. The accused was also working for some time in the said theatre. While they were so working together, it is stated that both Ravindra and the accused became friends and in that connection the accused used to visit their house, and during which time, the accused developed friendship or intimacy with the deceased, Sunanda, which ultimately resulted in their marriage. The deceased belonged to a superior caste while the accused belonged to a inferior caste and on account of that, it is stated that there used to be some a...
Tag this Judgment!State of Karnataka and Another Vs. Chandra Devi JaIn H.P.
Court: Karnataka
Decided on: Jul-10-2000
Reported in: ILR2000KAR3657; 2000(6)KarLJ291
ORDER1. The vehicle CNX 3767 is subject to hire-purchase agreement, the respondent herein being the financier, and the RC holder being one Mohammed. The said vehicle was seized under Section 62(1) of the Karnataka Forest Act, 1963 ('Forest Act' for short) on the, officer concerned having reason to believe that a forest offence has been committed. Confiscation proceeding were initiated in that regard under Section 71-A of the Forest Act. The vehicle, in due course was ordered to be confiscated. It even vested in the Government under Section 71-F of the Forest Act. The vehicle has since been sold in public auction for Rs. 23,000. After all this happened, the respondent-financier questioned the confiscation order in an appeal before the learned Sessions Judge, Dakshina Kannada, Mangalore, in Criminal Appeal No. 134 of 1994 on the ground that the confiscation order is in violation of the mandatory provisions of the Forest Act, as also the principles of natural justice, inasmuch as, the sai...
Tag this Judgment!Navodaya Vidyalaya Vs. K.R. Hemavathy
Court: Karnataka
Decided on: Jul-10-2000
Reported in: (2001)ILLJ779Kant
1. The appellant is a registered society running Navodaya Vidyalayas. It is an instrumentality of the Central Government. For recruitment, it has its own rules and sanctioned cadre. It is aggrieved by the order dated September 22, 1999 passed by the learned single Judge confirming the award dated March 22, 1994 passed by the Central Government Industrial Tribunal directing reinstatement of the respondent with 50% back wages and continuity of service.2. It is not in dispute that the respondent was appointed on temporary basis against a permanent post of Lower Division Clerk. As per Clause (4) of the memo dated January 26, 1988, initially the appointment was for 89 days. Accordingly, her services stood terminated on the 89th day. However, since no regular appointment could be made by that time, again on April 30, 1988, she was re-appointed for another period of 89 days which came to an end on the forenoon of July 27, 1988 as clearly (stipulated in Clause (4) of the Memo dated April 30, 1...
Tag this Judgment!The Karnataka State Accounts Department Employees' Association, Bangal ...
Court: Karnataka
Decided on: Jul-07-2000
Reported in: ILR2000KAR3035; 2000(4)KarLJ452
ORDER1. Since the questions raised in these petitions are same and identical, all these petitions are taken up for hearing and disposed of by this common order.2. Before proceeding to consider the questions which would arise for consideration in these petitions, it may be useful to briefly refer to the case of the parties.(a) In Writ Petition Nos. 29965 and 29966 of 1999, the first petitioner is the Association of the Karnataka State Accounts Department Employees. The second petitioner claims that he is the senior most eligible First Division Assistant in the Department of State Accounts who is eligible to be posted as Accounts Superintendent in terms of the Cadre and Recruitment Rules. (b) The petitioner in Writ Petition No. 326 of 2000 claims to be a member of the Association of the Karnataka State Accounts Department Employees and he is in the cadre of Accounts Superintendent; and he has been working as such in Buildings Sub-Division at Bangalore. 3. (i) In Writ Petition Nos. 29965 ...
Tag this Judgment!Babu Yallappa Sanadi Vs. Land Tribunal, Belgaum and Others
Court: Karnataka
Decided on: Jul-07-2000
Reported in: ILR2000KAR2872; 2000(6)KarLJ44
ORDERK.R. Prasad Rao, J. 1. This revision petition is filed against the orders passed by the District Land Reforms Appellate Authority, Belgaum, in Appeal No. RALR 246 of 1986, dated 29-3-1990 confirming with modification the order of the Land Tribunal, Belgaum in case No. KLR Bastwad SR 119+120+122+123+127+128+95+8+10 relating to the land in dispute in Sy. No. 27 of Bastwad Village.2. The revision petitioner filed Form 7 before the Land Tribunal claiming occupancy rights in respect of 1 acre 27 guntas of land in Sy. No. 27 of Bastwad Village. The original owner contested the said proceedings. The Land Tribunal after holding an enquiry, came to the conclusion that, though the land was a tenanted land, the revision petitioner was not in possession of the said land by the notified date, since his father surrendered the tenancy rights in favour of the original owner and ordered for vesting the land in State. The correctness of the said order has been questioned both by revision petitioner...
Tag this Judgment!Mahadevi Vs. Karnataka Power Transmission Corporation Limited and Anot ...
Court: Karnataka
Decided on: Jul-07-2000
Reported in: ILR2000KAR3446; 2000(6)KarLJ370
ORDERR. Gururajan, J. 1. A widow of the deceased employee of KEB is before this Court seeking for a compassionate employment on the facts of this case. Petitioner was married to one Rudrappa Basappa Teggi. He was working in the Corporation as a godown watchman. He died while in service on 10-12-1995. He left behind the present petitioner, the widow. She filed an application seeking for compassionate employment with the Board. The Board by endorsement dated 11-12-1997 rejected her application. Later again he moved one more representation. She again made a representation which came to be rejected by Annexure-C, dated 6-4-1999 reiterating their earlier stand in the matter. The reason for rejection of the petitioner's case is that the petitioner's husband was considered on compassionate ground for employment on the death of his father who was working in KEB and hence the Board cannot consider the request of thepetitioner on compassionate ground for the second time. According to the Board t...
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