Karnataka Court August 2000 Judgments
B.L.G. Dayanand Vs. the Managing Director, Chitradurga Dcc Bank and An ...
Court: Karnataka
Decided on: Aug-25-2000
Reported in: ILR2000KAR3865; 2001(3)KarLJ308
ORDERKumar Rajaratnam, J.1. The writ petition is taken up with the consent of parties.2. The short but interesting question before the Court is whether a person who is elected as a member of the Committee of Management of the Co-operative Society prior to the amendment and subsequently elected after the amendment as the President of the Co-operative Society shall hold office as President for one year or two and a half years.3. The Karnataka Co-operative Societies Act, before the amendment was to the effect that the tenure of the Committee of Management shall be 3 years and the tenure of the office of the President was 1 year. By Karnataka Act 25 of 1998 which came into effect on 15-8-1998, the statutory term of the Committee of Management was enhanced from 3 years to 5 years. Equally, the statutory term of the President was enhanced from 1 year to 2 1/2 years.4. In this case, the election to the committee of Management of the 2nd respondent-Bank was held on 29-6-1998. The amended Act c...
Tag this Judgment!State by Piriyapatna Police Vs. Mota Alias Motta S/O Madiah and anr.
Court: Karnataka
Decided on: Aug-25-2000
Reported in: 2000CriLJ4414
M.F. Saldanha, J.1. An incident of horrifying dimensions took place on the night between 24th and 25th April 1992 at Chinnakkal, Kevalur village in Piriyapatna taluk, Mysore district wherein five human beings were hacked to death in the most savage and blood curdling manner along with a poor goat which was also tied there, which only heightens the intense brutality with which the incident was committed. It was alleged that the two accused who are brothers and aged hardly 20 and 22 years respectively at that time had initially entered the hut of deceased Chothaiah @ Thimmaiah and attacked him so savagely that his head was almost separated from the body. Thereafter the two accused are alleged to have entered the hut of Shettaiah @ Muthaiah and perpetrated a similar assault on him, but in this case, the injuries were very similar to the injuries inflicted on the previous victim. The next target of the accused was the wife of Muthaiah who is PW-18 Madamma. In this case, she was assaulted w...
Tag this Judgment!S. Manjunath Vs. L. Suresh
Court: Karnataka
Decided on: Aug-24-2000
Reported in: 2001(1)ALT(Cri)518; ILR2000KAR5080; 2001(2)KarLJ404
ORDERG. Patribasavan Goud, J.1. On the complaint of the petitioner under Section 200 of the Cr. P.C., the respondent came to be prosecuted before the learned XVI Additional Chief Metropolitan Magistrate, Bangalore, for an offence under Section 138 of the Negotiable Instruments Act, 1881 ('N.I. Act' for short), and eventually by the judgment and order dated 5-6-1999, came to be convicted of the said offence, and sentenced to a fine of Rs. 60.000/- in default, to SI for six months. Out of the fine amount, if recovered, a sum of Rs. 58,000/- was ordered to be paid to the petitioner-complainant as compensation. It may be mentioned in this context that the cheque concerned was for a sum of Rs. 55,000/-. When the respondent took up the matter in appeal before the learned Sessions Judge, the Appellate Court affirmed the conviction. But, so far as sentence is concerned, referring to the decision of the Supreme Court in K. Bhaskaran u Sankaran Vaidhyan Balan and Another, the learned Appellate J...
Tag this Judgment!H.M. Muninarayana Vs. Chief Electoral Officer in Karnataka and Others
Court: Karnataka
Decided on: Aug-23-2000
Reported in: AIR2001Kant14; ILR2000KAR3319; 2000(6)KarLJ388
ORDER1. In K.N. Subba Reddy v Election Commission of India and Others, this Court had occasion to examine the jurisdiction of this Court to invoke its power under Article 226 and subject the election process to judicial review. Therein it was stated as under:'8. I am of the view that no part of the discussion in the above judgment can lend any support to the extreme contention advanced by the learned Counsel. As a matter of fact, the learned Judges in the above decision after considering various arguments advanced pro and against and after discussing thoroughly the legal consequences observed that, the jurisdiction of the Court at intermediary stage of election is clearly shut out by virtue of Article 329(b). This is what is stated in this behalf in the said judgment. 'We have projected the panorama of administrative law at this length so that the area may not be befogged at the trial before the Election Court and for action in future by the Election Commission. We have held that Artic...
Tag this Judgment!Dr. C.T. Manjunath Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Aug-22-2000
Reported in: ILR2000KAR3088; 2001(3)KarLJ58
ORDER1. In this petition filed under Article 226 of the Constitution of India, petitioner-Dr. C.T. Manjunath, a resident of Chikmagalur Town seeks payment of Rs. 25,00,000/- (Rupees Twenty-five lakhs only) towards compensation for alleged violation of his fundamental rights by respondent-police authorities by arresting him on 2-7-1995, and detaining him in the police and judicial custody till 24-8-1995 and thereafter, filing a charge-sheet before the Jurisdictional Magistrate, for offences punishable under Sections 302, 202 and 404 of the Indian Penal Code. The other incidental relief sought in the petition is to direct the State Government to frame guidelines for registering and investigating cases by the police authorities by incorporating safeguards in favour of the citizens and further laying down 'principles of Accountability' against Police Officers, who wantonly and deliberately abuse their police powers.2. Petitioner is a qualified medical practitioner, having his private clini...
Tag this Judgment!Mallikarjuna and Others Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Aug-21-2000
Reported in: ILR2000KAR4515; 2001(2)KarLJ398
ORDERChandrashekaraiah, J.1. The petitioner entered the services of the second respondent-University on daily wages prior to 1984 as admitted by the respondents in their statement of objections. In the year 1985, the petitioners were all appointed as Field Assistants on a regular pay scale temporarily for a period of one year. Thereafter, the respondent-University by its Circular dated 25-4-1996 instead of continuing the petitioners in the post held by them asked them to work on daily wages. Accordingly, the petitioners were all continued in the service as Field Assistants on daily wages.2. The Board of Regents in the 75th meeting resolved to absorb the petitioners in the vacancies coming under Group 'C' category. But the Vice-Chancellor dissented the decision of the majority stating that the majority decision would be implemented only after seeking clarification from the Government.The proceedings of the meeting is extracted below.-'Item 34. Absorption of daily wage workers on regular...
Tag this Judgment!Union of India and Others Vs. State of Karnataka and Another
Court: Karnataka
Decided on: Aug-21-2000
Reported in: 2001(4)KarLJ410
ORDER1. This case has come up for admission. By consent of both the parties, it is taken for final disposal.2. The lands measuring 36 guntas in Sy. No. 347/1 situated in Navbad, Bidar District were acquired for the benefit of the appellant vide final notification dated 6-8-1987. The Land Acquisition Officer awarded the compensation of Rs. 9,600/- per acre. The claimant filed an application under Section 18(1) of the Land Acquisition Act seeking for enhancement of the compensation. As such the Civil Judge, Bidar now has passed the judgment and decree on 10-11-1995 in LAC No. 346 of 1991 enhancing the compensation to Rs. 43,000/-, Being aggrieved by this, the petitioners herein approached the District Judge. The learned District Judge has returned the appeals with a direction to present it before the proper Court on the ground that he has no jurisdiction.3. According to Mr. Haranahalli, learned Counsel for the petitioner the jurisdiction of the District Judge is up to one lakh, as such t...
Tag this Judgment!R.A. Balakrishna Vs. Karnataka State Transport Appellate Tribunal and ...
Court: Karnataka
Decided on: Aug-21-2000
Reported in: I(2001)ACC699; II(2001)ACC242; ILR2001KAR699
ORDERMohamed Anwar, J.1. Heard the learned Counsel for both sides.2. The order dated 19th April, 2000 of the Karnataka State Road Transport Appellate Tribunal, Bangalore (the 'KSTAT' in short) passed allowing the revision in R.P. No. 845/1990 is sought to be quashed by the petitioner herein.3. The admitted facts are as stated under:. The stage carriage permit granted to one D. Sheshuraja Reddy by respondent No. 2 KSTAT under its resolution dated 26th, 27th and 28th of July, 1990 vide Annexure-A was challenged by respondent No. 3 herein N.R. Revanna, in revision before the KSTAT. That revision was filed before it on 27.10.1990 and it was beyond the limitation period of thirty days provided by 2nd Proviso to Section 90 of the Motor Vehicles Act, 1988 (the 'Act' in short). Therefore, an application under that proviso was filed by respondent No. 3, who was petitioner before the KSTAT praying to condone the delay that was caused by him in filing of the said revision. During the pendency of ...
Tag this Judgment!K. Shivakumar and ors. Vs. Commissioner, Mandya City Municipality and ...
Court: Karnataka
Decided on: Aug-18-2000
Reported in: AIR2001Kant49
ORDERV. Gopala Gowda, J. 1. The petitioners have challenged the legality and validity of the order passed by the first respondent vide Annexures A to A2 dated 28-10-1994 and further to quash Annexure-B to B2 passed by R2 dated 19-5-1998, urging various legal contentions. 2. Certain undisputed facts are stated as hereunder for the purpose of considering the rival contentions urged by the learned counsel for the parties. The property in question is a commercial complex bearing Municipal Door No. 1978/ A, measuring 12 x 50 ft. (360 x 1130 metres), 1978/B measuring 12 x 15 ft. (360 x 13.30 metres) and 1978/G measuring 20 x 50 ft. (9.6 x 13.30 metres) respectively situated at Rajendra Prasad Road, Mandya Town, Mandya. The entire premises is let out to the State Bank of India, Mandya Branch. The first respondent in exercise of his power under Section 103 of the Karnataka Municipalities Act, 1964 (in short 'the Act') has revised the property tax in respect of properties in question vide Annex...
Tag this Judgment!Smt. A.K. Sreemathy Vs. Managing Director, Life Insurance Corporation ...
Court: Karnataka
Decided on: Aug-17-2000
Reported in: ILR2000KAR4535; 2001(2)KarLJ430
ORDER1. Facts and law involved in these petitions are common and therefore, they are clubbed together, heard and disposed off by this common order.2. Petitioners were allottees of residential houses by respondent-the Life Insurance Corporation of India. Since there was a breach of terms and conditions of letter of allotment by the allottees, the respondent-Corporation has cancelled the allotment and has reallotted the houses to the private respondents herein. It is this action of respondent-Corporation, which is questioned by the petitioners in these proceedings.3. Brief facts are:The Life Insurance Corporation of India had advertised a scheme for sale of row houses, built by it in Jeevanbheemanagar, Bangalore, on the lands sold to it by Bangalore Development Authority. The details of the scheme are set out in the brochure circulated by it to its policy holders. The Brochure contains the terms and conditions of the allotment and sale of the said houses. Pursuant to the advertisement, p...
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