Karnataka Court November 2001 Judgments
H. Nagaraj Vs. State by Lokayukta Police, Belgaum
Court: Karnataka
Decided on: Nov-30-2001
Reported in: ILR2002KAR556; 2002(2)KarLJ144
ORDERK. Sreedhar Rao, J.1. Criminal Petition No. 1232 of 2001 is filed against the order passed in Special Case No. 43 of 1995 on the file of the Special Judge-cum-Principal Sessions Judge, Belgaum.2. The petitioner in Cri. P.No. 1232 of 2001 is charge-sheeted for an offence punishable under Sections 7 and 13(1)(d) of the Prevention of Corruption Act by the Lokayukta Police, Belgaum on the allegation that the petitioner is employed as Assistant Engineer, K.E.B., Belgaum Division. While discharging is official duties alleged to have demanded and accepted illegal gratification of Rs. 30,000/- from one Abbasaheb Suren-dra Hulamani, a K.E.B. contractor to get his bill sanctioned. The Lokayukta Police laid the trap successfully, on completion of investigation, obtained the sanction order from the Chief Engineer (Electrical) (General), Bangalore, K.E.B. and filed the charge-sheet.3. The accused made an application I.A. No. I under Section 227 of the Cr. P.C. seeking discharge on the ground t...
Tag this Judgment!K.M. Nanjappa Vs. N. Nagaraj
Court: Karnataka
Decided on: Nov-30-2001
Reported in: 2002(2)KarLJ250
ORDERK. Sreedhar Rao, J.1. The revision is filed against the order passed by the District Judge, Bangalore Rural District, Bangalore in RRP No. 5 of 1999. The petitioner is the tenant. The respondent/landlord made an application for eviction of the petitioner from the petition premises situated at Kanakapura under Sections 21(1)(c), (h), (i), (o) and 21-C of the KRC Act. The grounds under 21(1)(c), (h), (i) and (o) are given up. Only ground under Section 21-C is urged for securing eviction.2. It was the case of the petitioner that he was employed in Karnataka Public Service Commission at Bangalore and that he retired from service on 31-3-1989. After his retirement the landlord/respondent submitted that he wants to go to Kanakapura and peacefully reside in the petition premises at Kanakapura. The Trial Court allowed the eviction under Section 21-C of the KRC Act, In revision District Judge also confirmed the order under Section 21-C of the KRC Act. Being aggrieved, the present revision ...
Tag this Judgment!Basavanni Shankar Ammanagi Vs. Smt. Keshavva and ors.
Court: Karnataka
Decided on: Nov-30-2001
Reported in: ILR2002KAR581
ORDERN.K. Patil, J. 1. This petition is taken up for final hearing with the consent of Counsels for both the parties.2. The petitioner assailing the impugned order dated 18-7-2001 passed by the third respondent bearing No. RB/RTA/H1/2000-2001, a copy of which has been produced at Annexure-C, the order dated 3-11-2000 bearing No. RTS/CR/45/2000 passed by the 4th respondent, a copy of which has been produced at Annexure-B and the order dated 10-10-2000 bearing No. HES/SR/267/1999-2000, a copy of which has been produced at Annexure-A passed by the 5th respondent.3. The petitioner is an agriculturist. The first respondent is the mother of the petitioner. The petitioner had an younger brother by name Shivanand alias Shivappa. The younger brother of the petitioner was unmarried and he died on 5-11-1999. The first respondent-mother is the only legal heir of the deceased-Shivanand. As contended by the petitioner, the second respondent filed an application to the 5th respondent alleging that sh...
Tag this Judgment!Gulbarga University, Gulbarga Vs. Mallikarjun
Court: Karnataka
Decided on: Nov-30-2001
Reported in: 2002(2)KarLJ398
ORDERM.P. Chinnappa, J.1. Heard Sri Udaya Holla, the learned Counsel for the petitioner and Sri Jayakumar S. Patil for the respondent.2. The brief facts which are not in dispute are that the petitioner and the respondent entered into an agreement of construction of indoor stadium for the petitioner-University. The respondent did construct the indoor stadium after the persuasive efforts but the dispute arose between the parties that the petitioner had not settled the payments of the respondent and however, the petitioner contended that the workmanship was defective and required rectification as a result of which the petitioner had sustained heavy loss towards effecting repairs and claimed that the respondent would have to pay a sura of Rs. 50 lakhs. In view of this, the respondent wrote a letter to the petitioner to refer the questions to the Superintending Engineer-for his report. Therefore, the Registrar of the petitioner-University by his letter No. GUG/ENGG/DM/98-99/9182, dated 25/2...
Tag this Judgment!Smt. Sanjeevini Ananda Awate and ors. Vs. the Managing Director, Hiran ...
Court: Karnataka
Decided on: Nov-30-2001
Reported in: 2002ACJ1814; 2002(4)KarLJ28
OPINIONR.V. Raveendran, J. 1. This matter is placed before me as per the order of the Hon'ble Chief Justice, under Section 98(2) of the Code of Civil Procedure, 1908 in view of difference of opinion on a point of law (regarding interest to be awarded in Motor Accident Claims) between two learned Judges of a Division Bench of this Court, which heard the appeal. The differing views of the two learned Judges is in the case of Sanjeevini Ananda Awate and Ors. v. The Managing Director, Hiranyakeshi Sahakara Sakkare Karkhane and Ors., ILR 2000 Kar. 4860.2. This appeal is by the claimants in MVC No. 15 of 1989, on the file of MACT-III, Belgaum. The claimants were respectively widow, father, mother and two minor children of one Ananda Awate, who died on 7-1-1989, as a result of injuries sustained in a motor accident which occurred on 31-12-1988. The Tribunal by judgment and award dated 16-9-1991, allowed the said claim petition in part and awarded a compensation of Rs. 76,000.00 with interest ...
Tag this Judgment!State by Hukeri Police Vs. Bhimraj Ramappa Naik and ors.
Court: Karnataka
Decided on: Nov-30-2001
Reported in: ILR2001KAR5592; 2002(1)KarLJ600
Kumar Rajaratnam, J. 1. This is an appeal against acquittal preferred by the State.2. The State being aggrieved by the judgment of acquittal passed in S.C. No. 190 of 1991, dated 27th September, 1996 by the Sessions Judge, Belgaum, has preferred this appeal against acquittal.3. A petty quarrel with respect to the bathroom water being let out by the accused in front of the house of P.W. 3 led to the father of P.W. 3 being allegedly murdered by the accused.4. The prosecution case in brief is that on 26-3-1991 at about 7.30 p.m. when P.W. 3 was passing in front of the house of the accused, A-1 asked P.W. 3 as to why his father the deceased had abused his mother with respect to the dispute that the bathroom water being lot out. During the quarrel, the deceased and his sons, P.Ws. 4 and 5 came to the spot and began to quarrel. At that time A-3 hit the deceased by means of an axe, A-2 assaulted P.W. 3 with a club arid A-1 also alleged to have been caused injuries to P.Ws. 4 and 5 by means of...
Tag this Judgment!M. Nagaraj Vs. State of Karnataka
Court: Karnataka
Decided on: Nov-30-2001
Reported in: 2002CriLJ903
ORDER1. Criminal Petition No. 1232/2001 is filed against the order passed in Special Case No. 43 of 1995 on the file of the Special Judge cum Principal Sessions Judge; Belgaum.2. The petitioner in Crl. P. 1232/2001 is charge-sheeted for an offence punishable under Sections 7, 13(1)(d) of the Prevention of Corruption Act by the Lokayukta Police, Belgaum on the allegation that the petitioner is employed as Assistant Engineer, K.E.B. Belgaum Division. While discharging his official duties alleged to have demanded and accepted illegal gratification of Rs. 30000/-from one Abbasaheb Surendra Hulamani a K.E.S. Contractor to get his bill sanctioned.The Lokayuktha Police laid the trap successfully, on completion of investigation, obtained the sanction order from the Chief Engineer Electricity (General) Bangalore, K.E.S. and filed the charge sheet.3. The accused made an application I.A.I. under Section 227, Cr. P.C. seeking discharge on the ground that no valid sanction is obtained for prosecuti...
Tag this Judgment!Employees' State Insurance Corporation, Bangalore Vs. Tungabhadra Stee ...
Court: Karnataka
Decided on: Nov-29-2001
Reported in: [2002(93)FLR377]; ILR2002KAR1185; 2002(2)KarLJ394
ORDERB.K. Sangalad, J. 1. This appeal is filed against the order dated 18-10-2000 passed in ESI No. 4 of 1999 by the learned Judge, ESI Court, Hubli, allowing the application filed under Section 75 of the ESI Act.2. The respondent is the applicant and the appellant is the respondent before the ESI Court at Hubli.3. M/s. Tungabhadra. Steel Products Limited, Hospet (hereinafter referred to as 'the company') is a subsidiary of Bharat Tantra Nigam Limited, Allahabad. It is a joint undertaking of the Government of India and the Governments of Karnataka and Andhra Pradesh and it is being incorporated under the provisions of the Companies Act. The company has been engaged in design, fabrication, erection and manufacturing of various types of gates required for river valley projects with other activities and it has employed about 990 employees. For three years prior to approaching the ESI Court, it is stated that the financial position of the company was bad and the profit margin of the compan...
Tag this Judgment!Karnataka State Financial Corporation, Bangalore Vs. Jayavant Products ...
Court: Karnataka
Decided on: Nov-29-2001
Reported in: 2002(3)KarLJ169
ORDERK. Sreedhar Rao, J.1. The revision filed against the order of the Principal Civil Judge (Senior Division), Hubli on I.A. No. 1 in Original Suit No. 199 of 1998 and the order of II Additional District Judge, Dharwar in Miscellaneous Appeal No. 110 of 1999 arising out of the order passed in the suit on I.A. No. 1.2. The petitioner is the defendant in the suit. The respondent-plaintiff filed the suit for permanent injunction against the defendant restraining them from proceeding against the plaintiff-concern and from taking possession of the management of the plaintiff-concern. The petitioner-defendant is the Karnataka State Financial Corporation alleged to have advanced the loans to the plaintiff-concern. There appears to be defaults in payment of the loan installments. As of now, it is said that the plaintiff is due in a sum of Rs. 2 crores by way of defaulted installments, according to the petitioner. The Assistant General Manager of the petitioner-Corporation issued a show-cause ...
Tag this Judgment!Food Corporation of India, New Delhi and ors. Vs. Food Labour Contract ...
Court: Karnataka
Decided on: Nov-28-2001
Reported in: ILR2002KAR1322; 2002(3)KarLJ192
G.C. Bharuka, J.1. These intra-Court appeals have been preferred by the Food Corporation of India (in short the 'Corporation'). The dispute relates to grant of contract for handling, storing and transporting of food grains from Railway Heads to different godowns of the Corporation situated in the State of Karnataka (hereinafter called the 'handling contracts').2. The core question is whether it is competent on the part of the Corporation to change its earlier policy decisions dated 19-1-1989 and 16-3-1989 of giving the handling contracts only to the Labour Co-operative Societies by a new policy decision adopted on 19-10-1996 of inviting tenders from the open market for grant of such contracts.3. The learned Single Judge has held that in view of the Division Bench judgments in the cases of Karnataka Contract Labour and Transport Co-operative Society Limited, Bangalow and Ors. v. Food Corporation of India, Madras and Ors. : AIR1994Kant147 , which was subsequently followed in by another D...
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