Karnataka Court August 2000 Judgments
Eshwarappa and Another Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Aug-04-2000
Reported in: ILR2000KAR3597; 2000(6)KarLJ418
ORDERChandrashekaraiah, J. 1. The petitioners in these writ petitions have sought for a direction to the respondents to correct their dates of birth by substituting the dates of birth as mentioned in the School Leaving Certificates which are produced as Annexure-B and C respectively.2. The petitioners were employed as Group D employees in the year 1968 on daily wages. Thereafter, pursuant to the judgment rendered by the Supreme Court in case of Dharwad Daily Wages Association, their services were regularized with effect from 1-1-1990 by Government order dated 24-8-1991. From this order, it is seen that the monthly rated and daily rated workers who have completed 10 years of service as on 31-12- 1989 were absorbed into regular establishment with effect from 1-1-1990 and appointed against supernumerary post. At the time when they joined the service the dates of birth furnished by the petitionershave been mentioned in their service registers on the basis of the horoscope furnished by them...
Tag this Judgment!M.V. Nath, Chairman and M.D. Joja Chemicals (P) Ltd. and anr. Vs. Stat ...
Court: Karnataka
Decided on: Aug-04-2000
Reported in: ILR2001KAR1909; (2001)IILLJ71Kant
ORDERB.K. Sangalad, J.1. This petition is directed against the order dated February 11, 1999 passed in CC No. 248/1999 on the file of the II Additional CJ (Jr. Division) and JMFC, II Court, Dharwad. 2. The Labour Inspector filed a complaint against the petitioners for the offence under Section 92 of the Factories Act in connection with the accidental death of one John on July 2, 1998 at about 8.15 p.m. while he was working under Durga Fabricators, Hubli. The prosecution is launched against the petitioners representing Joja Chemicals (P) Ltd. 3. On the service of summons the accused appears before the said Court and made an application under Section 258 of the Cr.P.C. praying that the proceeding should be dropped as Garag Police had already filed a case in CC No. 225/98 for the offence under Section 304A IPC read with Section 34 IPC in respect of the same incident against the Officers of Joja Chemicals (P) Ltd. That case is also acquitted. Hence this application was made that the same f...
Tag this Judgment!D.G. Rajanna Vs. the Deputy Inspector General of Police, Head-quarters ...
Court: Karnataka
Decided on: Aug-03-2000
Reported in: ILR2000KAR3343; 2000(5)KarLJ586
ORDER1. The petitioner, in this petition, was one of the candidates for selection and appointment to the post of Police Sub-Inspector in the service of the Karnataka State. He sought for consideration of his application as a rural candidate and claimed the benefit often marks of rural weightage required to be allotted to a rural candidate. The petitioner being a Scheduled Caste candidate, also claimed appointment in respect of the post reserved for Scheduled Caste candidates. 2. On the basis of his performance both in the physical efficiency test and written test, the petitioner was called for viva voce on 27th of May, 1999. He had secured 82 marks in the written test and 17 marks in the viva voce, in all 99 marks. The third respondent, who was the last candidate selected to the post of Sub-Inspector of Police in respect of the post reserved for Scheduled Caste candidates, had secured 103 marks. However, though the petitioner is a rural candidate, it is not in dispute that the rural we...
Tag this Judgment!L. Sohanraj and ors. Vs. Deputy Commissioner of Income-tax and anr. (N ...
Court: Karnataka
Decided on: Aug-03-2000
Reported in: (2003)179CTR(Kar)106a; [2003]260ITR155(KAR); [2003]260ITR155(Karn)
Ashok Bhan, Actg. C.J. 1. The learned single judge has dismissed the writ petitions holding that the appellants were not entitled to invoke the discretionary jurisdiction of this court under Articles 226 and 227 of the Constitution of India to cancel the order made by the Income-tax Appellate Tribunal as an alternate remedy of appeal provided under Section 260A of the Income-tax Act, 1961, was available to the appellants. Liberty has been reserved with the appellants to question the correctness or otherwise of the order made by the Income-tax Appellate Tribunal before the appropriate forum for redressal of grievances. 2. We agree with the view taken by the single judge. In the face of an alternate statutory remedy provided under the Act, the appellants were not entitled to challenge the order of the Income-tax Appellate Tribunal under Articles 226 and 227 of the Constitution of India. 3. The appellants may if so advised, challenge the orders passed by the Income-tax Appellate Tribunal ...
Tag this Judgment!L. Soranraj and ors. Vs. Dy. Cit and anr.
Court: Karnataka
Decided on: Aug-03-2000
Reported in: (2003)179CTR(Kar)106
Ashok Bhan, Actg. C.J.Learned Single Judge has dismissed the writ petitions [reported as L. Sohanraj & Ors. v. Dy. CIT & Anr. (2003) 179 CTR (Karn)107Ed.] holding that the appellants were not entitled to invoke the discretionary jurisdiction of this court under Articles 226 and 227 of the Constitution of India to cancel the order made by the Tribunal as an alternate remedy of appeal provided under section 260A of the Income Tax Act, 1961, was available to the appellants. Liberty has been reserved with the appellants to question the correctness or otherwise of the order made by the Tribunal before the appropriate forum for redressal of grievances.2. We agree with the view taken by the Single Judge. In the face of an alternate statutory remedy provided under the Act, the appellants were not entitled to challenge the order of the Tribunal under Articles 226 and 227 of the Constitution of India.The appellants may if so advised, challenge the orders passed by the Tribunal along with an appl...
Tag this Judgment!U. Shivanna and Another Vs. L. Anjanappa and Another
Court: Karnataka
Decided on: Aug-02-2000
Reported in: 2001(1)ALT(Cri)477; ILR2000KAR4239
ORDER1. The first respondent filed a private complaint under Section 200 of the Cr. P.C. before the Additional Chief Judicial Magistrate, Bangalore Rural District, Bangalore, alleging offences punishable under Sections167, 403, 406, etc. The Magistrate before whom the complaint was placed, directed the Counsel for the complainant to produce alt the documents. After taking cognizance of the offences alleged, learned Magistrate recorded the sworn statement and marked certain documents and posted the matter for further orders. The learned Magistrate thereafter found it necessary to order for investigation of the case by the police. Therefore, acting under Section 202 of the Cr. P.C., the jurisdictional Dy. S.P. was directed to investigate the case and file a report.2. The Dy. S.P. on receipt of the copy of the complaint, without the order of the Court registered a criminal case against the petitioners under Sections 167, 403, 406, etc., in Crime No. 161 of 2000 of the concerned Police Sta...
Tag this Judgment!Smt. Mahalakshmi and Another Vs. the Deputy Commissioner, Bellary Dist ...
Court: Karnataka
Decided on: Aug-02-2000
Reported in: ILR2000KAR3576; 2000(6)KarLJ559
ORDER1. Since the questions raised in both the petitions are similar and identical, both these petitions were heard together and are disposed of by this common order.2. The petitioners in these petitions are Members of Karekallu Grama Panchayat in Bellary Taluk (hereinafter referred to as 'the Panchayat'). The said Panchayat has been constituted as provided under Section 4 of the Karnataka Panchayat Raj Act, 1993 (hereinafter referred to as 'the Act'), and it consists of Karekallu I and II, Byalachintha, Gollaranagenahalli, Tembarahalli and Dasaranagenahalli Villages. The petitioners are persons belonging to Scheduled Caste. However, it is the case of the petitioners that they were elected to the Panchayat in respect of seats reserved for the category of women (general) during the election held to the membership of the Panchayat on 26th of March 2000. Subsequently, the first respondent-Deputy Commissioner, by means of his notification dated 11th of April, 2000, a copy of which has been...
Tag this Judgment!Jahirabi and ors. Vs. V.S. Siddalingappa and ors.
Court: Karnataka
Decided on: Aug-02-2000
Reported in: 2001ACJ1340
Hari Nath Tilhari, J. 1. This appeal is directed against the judgment and award dated 28.1.1994 delivered by the Motor Accidents Claims Tribunal (the Principal District Judge), Shimoga, whereby Claims Tribunal has awarded in total a sum of Rs. 60,800 with interest at 6 per cent per annum from the date of petition till realisation of entire amount with costs.2. The facts of the case in nutshell are that, as per the finding recorded on issue No. 1 that, on 23.5.1988 at about 7.30 p.m. deceased Kalligudi, Head Constable, with Siddalingappa, Police Sub Inspector, was moving on a motor cycle from Karnagiri towards Hosanagar and the deceased was the pillion rider and the motor cycle in question bearing registration No. CAG 7512 was being driven by Siddalingappa, respondent No. 1. According to the claimants' case, on account of rash and negligent driving of the respondent No. 1, Siddalingappa, the motor cycle dashed against the side stone, viz., guard-stone of the road near Kallahallada Bridg...
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