Karnataka Court August 2000 Judgments
Nagoor Mohamed Farooq and Others Vs. Smt. Mavada Roashan Jahan and Oth ...
Court: Karnataka
Decided on: Aug-07-2000
Reported in: I(2001)DMC596; ILR2001KAR403; 2001(4)KarLJ216
ORDERH.N. Narayan, J.1. Cri. P. Nos. 2891 of 1995, 66, 67 of 1996 and 68 of 1996 are directed against the common order dated 19-8-1995 passed by the Additional Judicial Magistrate First Class, Kundapur in M.C. Nos. 223 of 1991, 193 of 1993, 199 of 1992 and 227 of 1994 respectively.2. Cri. P. No. 499 of 1996 is directed against the order dated 28-9-1994 passed by the III Additional Civil Judge and Chief Judicial Magis-trate, Mysore in Cri. Misc. No. 103 of 1989 and the order dated 20-9-1995 passed by the II Additional District and Sessions Judge, Mysore in Cri. R.P. No. 119 of 1994 while Cri. P. No. 1286 of 1995 is directed against the order dated 12-6-1995 passed by the Additional Munsiff and Judicial Magistrate First Class, Kundapur in M.C. No. 56 of 1994.3. While Cri. P. Nos. 2891 of 1995, 66, 67 and 68 of 1996 and 1286 of1995 are filed by the husband challenging the dismissal of his applications filed under Sections 3 and 7 of the Muslim Women (Protection of Rights on Divorce) Act, ...
Tag this Judgment!Karnataka State Road Transport Corporation Vs. Nanjappa
Court: Karnataka
Decided on: Aug-07-2000
Reported in: I(2001)ACC100; ILR2001KAR100
A.M. Farooq, J.1. This is an appeal filed by the KSRTC against the award made by the Motor Accident Claims Tribunal v. Bangalore Rural District, in M.V.C. No. 254/91 where the Claims Tribunal granted a compensation of Rs. 1 lakh for the death of a four years old girl. It is contended by the appellant that the compensation awarded is excessive. Therefore, the only question to be considered in this appeal is as to what is the compensation that should be paid in respect of death of a child aged about 4 years in a motor accident.2. The Claims Tribunal has relied upon the judgment of this Court in Bantu v. Annappa : AIR1996Kant33 . That was a case of a boy aged about 17 years who was a diploma student and where the claimants therein had proved that they had spent considerable amount towards his studies and in that circumstance a compensation of Rs. 1 lakh was granted. Except relying upon the said judgment, the Claims Tribunal has not given any other reasons for the grant of Rs. 1 lakh as co...
Tag this Judgment!Kemparaju and Others Vs. State of Balakavad Police
Court: Karnataka
Decided on: Aug-04-2000
Reported in: 2000CriLJ4734; ILR2000KAR4192; 2001(1)KarLJ294
1. Heard the arguments of the learned Counsel for the appellants and the learned Additional State Public Prosecutor for the respondent-State at a considerable length and carefully perused the case records in detail with their assistance. 2. This is an appeal by the appellants against the order of conviction by the Trial Court under Sections 143, 148, 302, 323 and 325 read with Section 149 of the IPC. 3. The appellants herein were charged and tried along with 5 others with having been the members of an unlawful assembly with the common object of committing the murder of the deceased Kempegowda and his mother Ningamma and to cause injuries to others and with having committed, in furtherance of that common object, offences punishable under Sections 143, 147, 148, 302, 307, 324 and 326 read with Section 149 of the IPC. Accused 9 and 10 were additionally charged with the offence punishable under Section 114 of the IPC. 4. The prosecution case is: On 29-1-1992 at about 6.00 or 6.30 p.m. in t...
Tag this Judgment!Medical Superintendent School of Nursing, Bangalore Vs. Assistant Labo ...
Court: Karnataka
Decided on: Aug-04-2000
Reported in: I(2001)ACC322; [2000(87)FLR410]; ILR2000KAR3331; 2000(1)KarLJ413
ORDERKumar Rajaratnam, J.1. The petitioner is the Medical Superintendent of the School of Nursing managed by the Bangalore Baptist Hospital, Hebbal, which is a society registered under the Societies Registration Act.2. The parent organisation, namely M/s. Bangalore Baptist Hospital Society is a minority charitable institution, established with an object to cater to the needs of the general public in and around the city of Bangalore in the matter of health care. The petitioner is the administrative head of both the institutions.3. It is submitted that as a part of its objective M/s. Bangalore Baptist Hospital Society has established the School of Nursing in or about 1996. In the School of Nursing students are trained to take up the avocation of nursing. The parent organisation which is running the hospital functions as a catalyst in that it gives practical training to the students being a teaching hospital. The School of Nursing is not a separate establishment or entity and is an integr...
Tag this Judgment!Meer NazimuddIn Vs. Harinarayan
Court: Karnataka
Decided on: Aug-04-2000
Reported in: ILR2000KAR4623; 2001(3)KarLJ10
ORDERChidananda Ullal, J. 1. This is a tenant's revision petition filed under Section 50(1) of the Karnataka Rent Control Act, henceforth in brief referred to as the 'Act' to challenge the order dated 11-3-1999 in HRC No. 1257 of 1993 passed by the XIX Additional Judge, Court of Small Causes, Bangalore, henceforth in brief referred to as the 'Trial Court'. In passing the said order, the Trial Court, while allowing the eviction petition as against the petitioner-tenant, it had granted 3 months time to vacate from the petition schedule'shop premises.2. The revision petitioner herein is the tenant, whereas the respondent herein is the landlord.3. The petitioner-tenant is represented by the learned Counsel, Sri R.B. Sadashivappa, whereas the respondent-landlord is represented by the learned Counsel, Sri K. Manohar.4. The parties henceforth are referred to as the landlord and the tenants as they were before the Trial Court.5. The facts leading to the filing the instant revision petition in ...
Tag this Judgment!State of Karnataka Vs. Smt. Annakka
Court: Karnataka
Decided on: Aug-04-2000
Reported in: ILR2000KAR4770; 2001(3)KarLJ401
ORDER1. The revision is directed against the order of the learned Magistrate passed under Section 13(3) of the Registration of Births and Deaths Act, 1969 ('Act' for short). The applicant, Smt. Annakka sought an order of the learned Magistrate under Section 13(3) of the Act with regard to registration of birth of her son, Soogappa. Sri Bhavani Singh, learned High Court Government Pleader submits that except the statement on oath of the applicant, there was not an iota of material to show that the applicant's son Soogappa was born on 22-6-1964 i.e., the date on which, according to the applicant, Smt. Annakka, she gave birth to the said son, Soogappa.2. The submission of Sri Bhavani Singh, learned High Court Government Pleader, appears to be on the footing that the moment the learned Magistrate passes an order under Section 13(3) of the Act, the correctness of the date of birth of the child concerned gets adjudicated upon, and that for all purposes, it will be taken that a competent Cour...
Tag this Judgment!Kanoria Fleurs and Naturales Limited, Bangalore Vs. the General Manage ...
Court: Karnataka
Decided on: Aug-04-2000
Reported in: ILR2000KAR3222; 2000(5)KarLJ1
R. Gururajan, J.1. This appeal is filed by appellant aggrieved by the order of dismissal passed in Writ Petition Nos. 5516 and 5523 of 1998, dated 25-8-1999 on the following facts.2. Facts: Appellant (petitioner) is a Company engaged in export business of flowers. It has subscribed to two telephones bearing Nos. 3312372 and 3344920. The respondents disconnected the telephone No. 3312372 on the ground of non-settlement of bills by another Company by name M/s. Bangalore Pesticides Limited. In addition respondents have also disconnected other telephone bearing No. 3344920. Aggrieved by the disconnections of these two telephones petitioner filed writ petitions in this Court in W.P. Nos. 5516 and 5523 of 1998.3. Respondents had filed a detailed objection before the Single Judge.4. Learned Single Judge in the impugned order has dismissed the writ petitions on the ground of withholding the required information and on the ground of the petitioner and its sister concerns having a bad track of r...
Tag this Judgment!Kgsd Canteen Employees Welfare Association, Bangalore and Others Vs. S ...
Court: Karnataka
Decided on: Aug-04-2000
Reported in: 2000(5)KarLJ296
ORDER1. These petitions have been filed by the Karnataka Government Secretariat Departmental Canteen Employees Welfare Association (hereinafter referred to as 'the Canteen') and two others, seeking for a writ of certiorari to quash Annexure-A and endorsement dated 12-7-1995 bearing No. DPAR 45 DCK 95 and for a writ of mandamus directing the respondents to treat the employees of the KGSD Canteen (like the petitioners) on par with the other Civil Servants of the State and further to grant all allowances and benefits including pensionary benefits etc.2. Petitioners in these petitions state that the State Government has constituted a canteen called the Karnataka Government Secretariat Departmental Canteen for its employees in the year 1974. Since then the canteen is being managed by the Government. The Government is providing various infrastructure facilities for running the canteen efficiently. The administrative and financial control of the canteen is in the hands of the State Government...
Tag this Judgment!Patel Roadways and Another Vs. Manish Chhotalal Thakkar and Others
Court: Karnataka
Decided on: Aug-04-2000
Reported in: 2001ACJ180; ILR2000KAR3286; 2000(6)KarLJ216
1. Admitted. The matter is heard finally by consent.2. This appeal arises from the judgment and award dated 10-2-1999 passed by the Principal District Judge and Motor Accident Claims Tribunal, Dharwad in MVC No. 657 of 1996.3. The said claim petition was filed by the widow, mother and minor son of one Subhash Thakkar, a businessman who died in a motor accident on 1-5-1994. According to the claimants, on 1-5-1994 when the said Subhash Thakkar was travelling in a Maruti Car bearing No. KA-25-M-1606 on the Poona-Bangalore Road (near Hegganahalli Gate, Sira), a lorry bearing No. GOA-6062 came at a high speed being driven in a rash and negligent manner and dashed against the car; and as a consequence the said Subhash Thakkar sustained injuries and subsequently died as a result of the said injuries. Feeling aggrieved, the claimants filed MVC No. 657 of 1996 claiming a compensation of Rs. 50,00,000/-. Two others who were travelling in the said car also died as a result on the injuries sustain...
Tag this Judgment!Nagaraj B.M. Vs. the Karnataka Public Service Commission, Bangalore an ...
Court: Karnataka
Decided on: Aug-04-2000
Reported in: 2000(5)KarLJ548
ORDERR. Gururajan, J.1. This petition is an offshoot of an earlier writ petition in W.P. No. 37357 of 1998, dated 21-9-1999.2. Facts in brief of the case are as under:An unfortunate candidate who is deprived of selection for reasons beyond his control is before this Court seeking for the following prayers:'(A) Issue writ in the nature of certiorari or any other writ to quash the endorsements of the respondent in No. E(2)2131 of 1999-2000, dated 18-1-2000 as per Annexure-F and also the endorsement dated 16-2-2000 in No. E(2)2135 of 1999-2000 as per Annexure-H; (B) Direct the respondent to include the name of the petitioner in the final select list in proper ranking and assign the same to the Government enable the Government to issue order of appointment to the petitioner with full salary from the date of order of this Hon'ble Court dated 21-9-1999 in W.P. No. 37357 of 1998 as per Annexure-B; (C) Issue any appropriate writ order or directions as this Hon'ble Court deems to be fit and pro...
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