Karnataka Court November 2001 Judgments
Vasudevamurthy and anr. Vs. the Director of Public Libraries, Bangalor ...
Court: Karnataka
Decided on: Nov-09-2001
Reported in: 2002(2)KarLJ590
ORDERR. Gururajan, J.1. Facts of the case reveal the enormous influence wielded by the Private Secretaries attached to the sitting Ministers.Petitioners were appointed as Library Assistants under the control of the second respondent in Gram Panchayath Libraries. Petitioners made a representation for a mutual transfer in terms of Annexure-A, which was considered and an order was passed by the second respondent in terms of Annexure-B. In terms of Annexure-B petitioners were relieved from their posts and they handed over charge to each other in terms of Annexure-C and D. These being the facts of the case, a notification dated 30-8-2001 (Annexure-E) was issued by the first respondent. This notification is challenged in this petition.2. The matter was posted before this Court on 12-9-2001 and this Court ordered notice pursuant to which the first respondent filed an affidavit on 4-10-2001. The third respondent despite service has not chosen to appear in this Court.3. Heard the learned Counse...
Tag this Judgment!Ramanagouda Siddanagouda Biradar and ors. Vs. Basavantraya Madivalappa ...
Court: Karnataka
Decided on: Nov-09-2001
Reported in: AIR2002Kant96; ILR2001KAR5474; 2001(6)KarLJ545
H. Rangavittachar, J.1. This is a plaintiffs second appeal.2. Briefly stated the facts giving rise to the filing of this second appeal as gathered, from records are as under:3. Plaintiff filed a suit O.S. No. 6 of 1975 on the file of the Civil Judge, Bijapur for a declaration that alienation made by defendant 6 to the suit in favour of defendants 1, 4 and 5 is not binding, and declare him as the owner of suit properties and for consequential relief of possession; Suit properties are 2 items of agricultural lands bearing Sy. No. 94/2 of Yelwar Village, Basavanabagewadi Taluk measuring 15 acres 24 guntas, 21 acres and 34 guntas of land in Sy. No. 3 of Mannur Taluk. '4. The suit properties originally belonged to one Hanumantharaya. He had 3 sons, Ramachandrappa, Saheb Gowda, Shivasangappa. Plaintiffs are the children of Shivasangappa. After the death of Saheb Gowda, his widow adopted Basavanagowda Saheb Gowda, defendant 6 in the present suit (since deceased by his legal representatives).5...
Tag this Judgment!Shivmoni Steel Tubes Limited (In Liquidation), Bangalore Vs. A. Murali
Court: Karnataka
Decided on: Nov-09-2001
Reported in: ILR2002KAR387; 2001(6)KarLJ563
ORDERThe Court 1. The company application is taken up for final disposal with the consent of parties. 2. The company in liquidation represented by the Official Liquidator has taken out this application under Section 543(1) of the Companies Act read with Rule 260 of the Companies (Court) Rules, 1959. The application was taken to declare that the respondent is liable to pay the Official Liquidator of the company, a total sum of Rs. 61,36,824.99 together with interest thereon at 6% from the date of winding up order till the date of payment. 3. Section 543 contemplates the power of the Court to assess damages against delinquent Directors. It reads as follows: '543. Power of (Company Law Board) to assess damages against delinquent directors, etc.--(1) If, in the course of the proceedings on an application made to the (Company Law Board) under Section 397 or 398, it appears that any person who has taken part in the promotion or formation of the company, or any past or present director, manag...
Tag this Judgment!Bharat Earth Movers Limited and ors. Vs. Union of India and ors.
Court: Karnataka
Decided on: Nov-09-2001
Reported in: 2002(1)KarLJ588
ORDERR. Gururajan, J. 1. Bharat Earth Movers Limited and its officials are before this Court in W.P. Nos. 31454 to 31458 of 1999 for a writ of mandamus declaring that the notification bearing S.O. No. 779(E), dated 9-12-1976 issued byUnion of India, is invalid and inoperative. Petitioners are also seeking writ of prohibition forbearing Hon'ble Magistrate from proceeding with the criminal proceedings in complaint No. 14460 of 1999 before the VI Additional Chief Metropolitan Magistrate, Nrupatunga Road, Bangalore, C.C. No. 22367/9 before the X Additional Chief Metropolitan Magistrate, Mayo Hall (complaint yet to be numbered) before the Additional Judicial Magistrate, CH No. 2 and C.C. No. 816 of 1999 before the Judicial Magistrate First Class, KGF and quash the said proceedings and pass such further or other orders as this Hon'ble Court deem fit in the circumstances of the case, in addition to awarding costs. 2. Petitioner is a public sector having its registered corporate office at S.R....
Tag this Judgment!State of Karnataka Vs. B. Narayana Reddy
Court: Karnataka
Decided on: Nov-08-2001
Reported in: 2002CriLJ845; 2002(2)KarLJ80
ORDERG. Patribasavan Goud, J.1. In Criminal Revision Petition No. 95 of 1999 arising out of Special C.C. No. 65 of 1997 on the file of the learned Special Judge, Bangalore Urban and Rural District, Bangalore, the respondent had been facing prosecution for an offence punishable under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 ('the Act' for short), and by the impugned order of the learned Special Judge, he has come to be discharged, and therefore, the State has come up in revision.2. In Criminal Revision Petition No. 695 of 1999 arising out of Special Case No. 6 of 1996 on the file of the learned Special Judge at Bijapur, petitioner is facing prosecution for an offence under Section 13(1)(e) read with Section 13(2) of the Act, and by the impugned order, the learned Special Judge has declined to discharge him, and therefore, he is before this Court.3. Since common questions of law and fact have arisen in these two matters, they are heard together a...
Tag this Judgment!V. Chandru and ors. Vs. State of Karnataka
Court: Karnataka
Decided on: Nov-08-2001
Reported in: 2002CriLJ1676; ILR2002KAR1205; 2002(2)KarLJ425
ORDERS.R. Bannurmath, J.1. This petition is filed under Section 482 of the Cr. P.C. challenging the initiation of proceedings in Special Case No. 101 of 2001 on the file of the Principal District and Sessions Judge, Mysore, as well as quashing the entire proceedings.2. The brief facts necessary for consideration are as follows:The petitioner 1 is the proprietor of Monsoon Agro Centre, Periyapatna, dealing in seeds. The petitioner 2 is the distributor of Akshaya Agro Sales Limited, who has supplied the seeds to the first petitioner. The petitioner 3 is the Managing Director of Kaveri Seeds Company(Private) Limited, Secundarabad, which company procures the seeds and distributes for sale through various distributors like petitioner 2.3. On an inspection held on 31-8-1998 by the complainant Seeds Inspector of the shop of petitioner 1, suspecting that certain seeds were sub-standard, the same were seized by the complainant. After following the due procedure as prescribed under the Seeds Act...
Tag this Judgment!Bangalore Metropolitan Transport Corporation, Bangalore Vs. D. Narayan ...
Court: Karnataka
Decided on: Nov-08-2001
Reported in: 2002(1)KarLJ459
ORDER1. The Bangalore Metropolitan Transport Corporation (for short 'the Corporation') is before this Court challenging the award in I.D. No. 403 of 1994, dated 26-3-1999, Annexure-C on the following facts.2. The respondent is a driver. He was charge-sheeted for having obtained employment by producing fake document. An enquiry was conducted. Report was obtained and thereafter, a dismissal order was issued to him. The said dismissal order was challenged before the Labour Court, Bangalore in I.D. No. 403 of 1994. Matter was contested. After contest the Labour Court has passed the following award:'The claim statement of the I party under Section 10(4-A) of the I.D. Act of 1988 is allowed. The order of dismissal passed by the II party in No. KST:BTS:EST:C4:D11:3219:94-95, dated 8-8-1994 is ordered to be set aside. The I party is ordered to be reinstated back into service with 50% of the back wages, continuity of service and consequential benefits'.3. This award is challenged by the managem...
Tag this Judgment!Balsara Hygiene Products Ltd. Vs. Joint Commissioner of Commercial Tax ...
Court: Karnataka
Decided on: Nov-08-2001
Reported in: [2002]126STC61(Kar)
ORDERR. Gururajan, J. 1. The petitioner-dealer, Balsara Hygiene Products Ltd., is before this Court challenging annexure 'C', an order dated September 29, 2001 passed by the first respondent, Joint Commissioner of Commercial Taxes (Appeals), Bangalore Division, Bangalore, with a further prayer of a mandamus directing the first respondent-Joint Commissioner of Commercial Taxes (Appeals) to pass a speaking order, after taking into account, the payment of Rs. 13,91,512, on the application for stay filed by the petitioner, annexure 'B'.2. The petitioner is a dealer. The assessments for the year 1997-98 for Besta Cosmetics Ltd., and the petitioner were concluded by the second respondent-assessing authority levying tax on the turnover of 'Promise' tooth-paste and tooth-powder sold by Besta Cosmetics Ltd. (for short 'BCL') to the petitioner as the first sale liable for tax under the Karnataka Sales Tax Act, 1957 (for short, 'the Act') and the very same turnover was assessed to tax in the hand...
Tag this Judgment!Mrs. Sahira and ors. Vs. T.A. Sundar Raj and ors.
Court: Karnataka
Decided on: Nov-08-2001
Reported in: II(2002)ACC490
M.F. Saldanha, J.1. These two appeals have been directed against an order of the Motor Accident Claims Tribunal dated 24.1.2000 in M.V.C. 3226 of 1995 and M.V.C. 3225 of 1995. At about 14.30 hours on 16.6.1995 a tanker carrying kerosene met with a serious accident in the course of which it collided with a lump-post and caught fire and two persons who were close-by were seriously burnt. Out of them one Nagappa who was supposed to have been working as a cook in a nearby hotel survived whereas the second person by name Ali Hassan died. Nagappa as also the L.Rs. of Ali Hassan preferred claims before the Tribunal. The Tribunal after considering the material placed before it awarded compensation aggregating to Rs. 1,44,000/- to Nagappa along with interest at the rate of 9%. As far as the L.Rs. of Ali Hassan were concerned, compensation quantified at Rs. 2,39,000/- and interest at the rate of 9% was awarded and these two appeals have been directed against those orders. Though we propose to di...
Tag this Judgment!Papa Nayaka and anr. Vs. Krishnamurthy and ors.
Court: Karnataka
Decided on: Nov-07-2001
Reported in: II(2002)ACC24; 2003ACJ558; ILR2002KAR915; 2002(3)KarLJ93
H.N. Narayan, J. 1. This appeal is filed by the claimants for enhancement of compensation. 2. The claimants are the parents of the deceased-Girish Nayaka. He was aged about 17 years when he died in a motor accident which occurred on 6th August, 1994. The facts which, are undisputed are these: The deceased-Girish Nayaka, aged about 17 years was just then admitted to first year mechanical engineering diploma in the Polytechnic Institute of Chickmagalur, which is evidenced by Ex. P. 7, the certificate issued by the Principal. He passed his S.S.L.C. in first class vide Ex. P. 6-Marks Card. While he was riding a bicycle on 6th August, 1994, at about 12.30 p.m. on the left side of the road near Kadur, a maxi-cab bearing No. KA-02/5552 driven by the first respondent, which was in the ownership of second respondent, insured with respondent 3, came in a rash and negligent manner in high speed and dashed against the bicycle, as a result, the cyclist, Girish Nayaka sustained multiple injuries to ...
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