Karnataka Court August 2000 Judgments
Lakshminarayana N. and Another Vs. the Management of Loka Shikshana Tr ...
Court: Karnataka
Decided on: Aug-16-2000
Reported in: [2000(87)FLR704]; ILR2000KAR3959; 2001(1)KarLJ133; (2001)IIILLJ1318Kant
ORDER1. These two petitioners were dismissed from service during the year 1987 and they were members of Bangalore Newspapers Employees' Union. This Union raised a dispute regarding the demands of the workmen in the 1st respondent, against the 1st respondent-Management and the same was referred to the Industrial Tribunal, Bangalore, for adjudication in Industrial Dispute No. 5 of 1985. The 1st respondent did not file any approval application under Section 33(2)(b) of the Industrial Disputes Act, or sought permission from the Tribunal before dismissing the petitioners. Therefore, the petitioners and others filed complaints before the Tribunal and the same were numbered as complaint Nos. 3 of 1987 and 14 of 1987. The Tribunal tried the issue after domestic enquiry in favour of the workmen as per Annexure-B. The petitioners filed applications for interim relief and the Tribunal was pleased to pass an ordergranting 50% of the last drawn wages as an interim relief to both the petitioners as ...
Tag this Judgment!M.R. Manjunatha and Others Vs. Chairman, Bangalore Paramedical College ...
Court: Karnataka
Decided on: Aug-16-2000
Reported in: AIR2001Kant128; ILR2000KAR3014; 2000(6)KarLJ106
ORDERV.P. Mohan Kumar, J. 1. These three petitions illustrate the curious manner in which paramedical institutions are indiscriminately set up and operated purely to aggrandize commercial interest. Petitioners in W.P. No. 38188 of 1999 and W.P. No. 39190 of 1999 are the students of a paramedical Institution which is the petitioner in W.P. No. 4903 of 2000. The students complain of the inadequacy of the teaching imparted while the institution questions the action taken by the 1st respondent for the alleged shortcomings of the institution. All the three cases were heard together and the decision in W.P. No. 4903 of 2000 has a bearing on the other two cases. The facts set out below is with reference to W.P. No. 4903 of 2000 and the parties are referred to as such.2. The petitioner herein is a society registered under the Societies Registration Act, 1960. It is conducting an institution called Bangalore paramedical College, having been registered by the 1st respondent (vide Annexure-A) to ...
Tag this Judgment!Assistant Collector of Central Excise (Legal and Appeals), Bangalore V ...
Court: Karnataka
Decided on: Aug-16-2000
Reported in: 2001(130)ELT37(Kar); ILR2000KAR3635; 2000(6)KarLJ423
M.P. Chinnappa, J. 1. The appellant filed a complaint against the respondents alleging that the accused committed offence punishable under Section 9(1) of the Central Excise Act, 1944 (for short 'the Act').2. The brief facts of the case are that the 1st respondent is the company where the 2nd respondent is the Managing Director and the 3rd respondent is the Regional Manager. The company has been manufacturing canister composite containers falling within Tariff Item No. 68 and the said containers are liable for payment of excise duty. The company held a licence and maintained statutory registers and paid the excise duty on the containers manufactured by it upto 20-6-1984. It is alleged that the respondents 2 and 3 with an intention to avoid payment of the excise duty by the company, the 1st respondent, filed a classification list with the authorities falsely notifying that the company had employed only 9 workers and therefore, it is not liable for payment of excise duty. On 16-2-1995 th...
Tag this Judgment!S. Putta Swamy Vs. the Municipality and anr.
Court: Karnataka
Decided on: Aug-14-2000
Reported in: AIR2001Kant19; ILR2000KAR4777
ORDERV. Gopala Gowda, J.1. By a Resolution at Annexure A dated 29-4-1982 a marginal land was allotted in favour of the petitioner by the respondents Town Municipality, Mandya. When the said resolution was sent to the Divisional Commissioner, Mysore for approval, the Divisional Commissioner ordered to allot half of the said site to one Smt. Rathnamma by an order dated 13-1-1986. The petitioner challenged the same in W.P. No. 2862/87. There were also civil litigation between the petitioner, the said Rathnamma and the respondents which was pending in R.S.A. No. 1207/94. By a common order both in the writ petition and Regular Second Appeal dated 30-5-1997 this Court dismissed the Regular Second Appeal filed by Smt. Rathnamma and quashed the order of the Divisional Commissioner challenged in the writ petition referred to supra. Thereafter, the Standing Committee of the Municipality by the impugned resolution at Annexure D dated 21-7-1998 cancelled the earlier resolution dated 29-4-1982 by w...
Tag this Judgment!Federation of Canara Bank Employees and anr. Vs. Canara Bank
Court: Karnataka
Decided on: Aug-14-2000
Reported in: (2001)ILLJ932Kant
ORDERV. Gopala Gowda, J. 1. The first petitioner is a Trade Union and second petitioner is an employee of Canara Bank, They have filed this writ petition seeking to quash Annexure L dated January 31, 1994 by which penalty of censure was imposed on the 2nd respondent and Annexure M dated February 21, 1994 by which the 2nd petitioner was called upon to reimburse Rs. 23,000-00 along with interest. The order of imposing penalty of censure was preceded by a departmental enquiry on the charge of shortage of money.2. A detailed statement of objections is filed on behalf of the Bank justifying the impugned orders. Mr. T.R.K. Prasad, learned counsel appearing for the respondent Bank sought to justify the impugned orders. According to him, since the other Clerk has admitted the loss of money and has paid the same, the petitioner is guilty of the charge. He further submits that since opportunity was given to the petitioner, this Court shall not interfere with the impugned orders.3. Perused the im...
Tag this Judgment!Smt. Soubhagya Vs. the Chief Secretary, State of Karnataka and ors.
Court: Karnataka
Decided on: Aug-14-2000
Reported in: 2001CriLJ238
ORDERV. Gopala Gowda, J.1. This is a pathetic case of a young widow aged about 22 years has filed this writ petition seeking for issuance of a writ of mandamus directing the respondents to pay compensation of Rs. 5 lakhs together with interest at 18% p.a. from the date of custodial death of Sri Nanjunda the husband of the petitioner and further sought for direction to the State Govt. to give a suitable job to the petitioner for having lost her husband Sri Nanjunda in the custodial death case at her young age. Further the petitioner has sought for issuance of an appropriate direction to the first and second respondents to take appropriate action against the erred police personnel and officers who are responsible for causing custodial death of her husband late Nanjunda at Mahalakshmi Layout Police Station, Bangalore (hereinafter referred to Police Station in short) and further direct them to hold an enquiry against all the Police Personnel who have been arrayed as accused persons in the ...
Tag this Judgment!Chandrashekharappa Vs. State of Karnataka
Court: Karnataka
Decided on: Aug-11-2000
Reported in: 2001CriLJ765; ILR2000KAR4936; 2001(3)KarLJ244
S.R. Bannurmath, J. 1. This appeal is filed by the convicted accused challenging the judgment and order of conviction passed by the learned Sessions Judge, Shimoga, dated 30th of May, 1997 in Sessions Case No. 72 of 1996, convicting the appellant for the offence under Section 302 of the IPC and sentencing him to undergo imprisonment for life.2. The brief facts as per the prosecution case are as follows:The deceased Annapurnamma was the daughter of Ramalingappa, P.W. 3 and Smt. Lolakshamma, P.W. 8. According to the prosecution without the consent of the parents Annapurnamma got married with the appellant in a temple and also got the marriage registered in the office of the Sub-Registrar. According to the prosecution P.Ws. 3 and 8 were totally unaware of the fact of the marriage. After some time it is stated that the parents of the deceased received a letter or a chit from the accused stating that he is coming to Bangalore in search of a job and as such the parents to have the daughter f...
Tag this Judgment!N.P. Ponnappa Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Aug-11-2000
Reported in: AIR2000Kant384; ILR2000KAR5046; 2000(6)KarLJ84
ORDER1. Since common questions of fact and law are involved in all these writ petitions, they are clubbed together, heard and disposed off by this common order.2. Petitioner in Writ Petition No. 26284 of 1994 claims that he is the absolute owner and in possession of lands bearing Sy. Nos. 244, 256 and 257 of Garagndoor Village of Somawarpet Taluk, Kodagu District. Petitioner claims that the lands are redeemed lands and he has got absolute right over the lands as well as trees standing therein. He has produced a copy of the Jamabandhi extract of Sy. Nos. 244, 256 and 257 for the years 1929-30, 1944 and 1993 and they are annexed as petition documents 'A, B and C' respectively. Petitioner with an intention to have better coffee cultivation in the lands in question, had approached the Deputy Conservator of Forests, Madikeri Division, Madikeri (hereinafter referred to as 'Forest Officer'), for grant of permission to cut and remove the overgrown trees. Pursuant to the request so made, it app...
Tag this Judgment!Smt. Kumbalagunte Gowramma (Deceased) by L.Rs. and Others Vs. Kumbalag ...
Court: Karnataka
Decided on: Aug-10-2000
Reported in: ILR2000KAR3695; 2001(2)KarLJ456
K.R. Prasad Rao, J.1. This appeal is filed by the plaintiff against the judgment and decree passed by the Court of Principal District Judge, Bellary in R.A. No. 67 of 1989, dated 19th December, 1994 allowing the said appeal and setting aside the judgment and decree passed by the Civil Judge, Hospet, in O.S. No. 148 of 1980, dated 27-2-1987, granting a decree for partition in favour of the plaintiff. 2. The appellant-plaintiff filed the suit in the Trial Court seeking for the relief of partition and for separate possession of her half share in the plaint schedule properties alleging that she is the daughter of one Kumbalagunte Dodda Veeranna by his second wife, Smt. Sanna Veeramma. The 2nd defendant-Halamma is her stepsister, being the daughter of the first wife Smt. Dodda Veeramma of her father, Kumbalagunte Dodda Veeranna. The 1st defendant is Dodda Veeramma, who is the first wifeof her father. She further alleged that the plaint 'B' and 'C' Schedule properties are the ancestral prope...
Tag this Judgment!John B. James and Others Vs. Bangalore Development Authority and Anoth ...
Court: Karnataka
Decided on: Aug-07-2000
Reported in: ILR2000KAR4134; 2001(1)KarLJ364
ORDERThese petitions involving common questions of facts and law are heard together by consent and disposed of by this common order. For convenience, the following abbreviations are used in this order: 'BDA' for Bangalore Development Authority; 'BDA Act' for the Bangalore Development Authority Act, 1976; 'Amendment Act' for the Bangalore Development Authority (Amendment) Act, 1999 (Karnataka Act 1 of 2000); and 'Repealing Ordinance' for the Bangalore Development Authority (Amendment) (Repealing) Ordinance, 2000 (Karnataka Ordinance No. 4 of 2000); 'KMC Act' for Karnataka Municipal Corporations Act, 1976; 'Planning Act' for Karnataka Town and Country Planning Act, 1961; 'Public Premises Act' for Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974; and 'Regularisation Act' for Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991.1.1 These petitions have been heard with several other batches relating to other layouts of BDA, the common facto...
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