Karnataka Court December 2001 Judgments
M. Bhaktha Vachalam and anr. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Dec-28-2001
Reported in: ILR2002KAR1040; 2002(2)KarLJ593
ORDERK. Sreedhar Rao, J. 1. Petitions filed challenging the elections to the posts of Adhyaksha and Upadhyaksha of which Robertsonpet Town Municipal Council scheduled to be held on 29-12-2001. Sri S.P. Shankar, appearing for the petitioner pointed out two objections touching the validity of the proposed election.2. It is contended that under Rule 3 of the Karnataka Municipalities (President and Vice-President) Election Amendment Rules, 1996, seven days notice to the Councillors prior to the election date is mandatory and in the instant case, it is said that the first petitioner has received the notice on 24-12-2001 and thereby he has not been given seven clear days of notice as contemplated. Secondly, Sri S.P. Shankar contended that the second petitioner is a MLC and under Section 11 of the Karnataka Municipalities Act of 1964 is entitled to vote in the proceedings relating to the election of the President and Vice-President and he has not been given the notice of the proceedings. Ther...
Tag this Judgment!Karnataka Itdc Hotels Officers Association and ors. Vs. India Tourism ...
Court: Karnataka
Decided on: Dec-28-2001
Reported in: [2003]115CompCas924(Kar); (2002)IILLJ193Kant; [2004]50SCL200(Kar)
ORDERR. Gururajan, J.1. I. A. II for amendment is allowed.2. The petitioners Karnataka India Tourism Development Corporation Hotels Officers Association, N.M. Hari Rao, executive manager, and R. Armugham, assistant manager, are before this court seeking a writ to strike down the words 'for a period of one year from the closing date' occurring in Sub-clause (iii) of Clause 9.4 of the agreement between respondents Nos. 1, 4 and 7 on the one hand, and respondents No. 5 and 9 on the other with respect to Hotel Ashok, Bangalore and Hotel Hassan Ashok, Hassan, which have been extracted by respondent No. 1 in its letter dated November 16, 2001, vide annexure P after declaring the same as being wholly against public good, unconscionable, arbitrary, mala fide, capricious, discriminatory and contrary to Article 14 of the Constitution.3. Writ Petitions Nos. 43871 and 872 of 2001 are filed by Hotel Ashok Employees Union a registered trade union seeking for same/similar prayers.4. The petitioners s...
Tag this Judgment!Smt. Sujatha and ors. Vs. H.M. Mallappa Naik and anr.
Court: Karnataka
Decided on: Dec-21-2001
Reported in: I(2003)ACC56; 2003ACJ791; ILR2002KAR675; 2002(2)KarLJ358
H.N. Narayan, J.1. This appeal by the claimants is directed against the judgment and award of the Tribunal restricting the compensation to a sum of Rs. 3,50,000/- claimed by them in the claim petition as against the global compensation of Rs. 5,86,940/-, which according to the Tribunal is just and reasonable compensation.2. It is contended by the appellants among other grounds of appeal that the Tribunal has erred in restricting the award to the sum claimed in the claim petition, which is against the provisions of Motor Vehicles Act, as the provisions of the Motor Vehicles Act has given wide powers to the Tribunal to make just and reasonable awards. Simultaneously, the claimants have also claimed for enhancement of compensation with interest at 12% instead of 6% granted by the Tribunal.3. An application under Order 6, Rule 17 of the Code of Civil Procedure is filed by the claimants-appellants for amendment of the claim petition to amend the quantum of compensation from Rs. 3,50,000/- t...
Tag this Judgment!The Regional Director, Employees' State Insurance Corporation, Bangalo ...
Court: Karnataka
Decided on: Dec-21-2001
Reported in: [2002(93)FLR1037]; ILR2002KAR1768; 2002(3)KarLJ161
Manjula Chellur, J.1. This appeal is filed challenging the orders of ESI Court in ESI Application No. 166 of 1990.2. In brief the facts that led to the filing of the appeal are as under:The respondent herein was the applicant before the ESI Court. The corporate office of the respondent-applicant was originally at Madras, which was shifted to Bangalore in June 1988. The filter division of the company is at Bangalore and so far as Engineering Division is at Coimbatore. All the cash books and ledgers were maintained in the Head Office at Madras earlier. The inspector of the appellant inspected the books of accounts in Madras in the year 1986. Subsequently a notice was sent to applicant-respondent dated 31-7-1990 demanding contributions in respect of professional charges and also on the cost of paints and other materials that were left out. According to the respondent it wasnot liable to pay contributions as demanded and however, a personal hearing was fixed to hear the applicant in person...
Tag this Judgment!Dr. R.R. Patil and Etc. Etc. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Dec-20-2001
Reported in: AIR2002Kant211; ILR2002KAR300; 2003(4)KarLJ331
Bharuka, J.1. The controversy Involved herein relates to the method of admission of Post Graduate Medical and Dental courses in the colleges run by the private managements The crucial question is as to whether the college Managements are entitled to device and adopt their own individual yardsicks of determining the inter se merits of candidates appearing for the courses and give admissions to them as per their choice, or, they are mandatorily bound to adhere to the normal and procedure statutorily laid down by the University Grants Commission, Medical Council of India or the Dental Council, of India (in short UGC, MCI and DCI respectively), as the case may be.2. We find it proper to mention at the very threshold that the UGC. MCI and DCI have been established under the Parliamentary Acts. These Acts are University Grants Commission Act, 1956, Indian Medical Council Act. 1956 and the Dentists Act. 1948 (in short the 'UGC Act', 'MCI Act' and 'Dentists Act,). The said bodies, in order to ...
Tag this Judgment!Mohammad Nissar Chandsab Mulla Vs. State of Karnataka
Court: Karnataka
Decided on: Dec-14-2001
Reported in: ILR2002KAR722; 2002(2)KarLJ406
ORDERG. Patribasavan Goud, J. 1. Petitioner is facing prosecution for offences punishable under Sections 465, 468 and 201 of the IPC before the learned Judicial Magistrate First Class, Hukeri at CC No. 831 of 1994. The stage of Section 239/240 of the Cr. P.C. is yet to be reached. Before that stage, the complainant State filed an application before the learned Magistrate under Section 216 of the Cr. P.C. seeking addition to the charge for the offence under Section 471 of the IPC. Learned Magistrate dismissed it. State's revision has been allowed by the learned Sessions Judge. Petitioner-accused is before this Court.2. Learned Magistrate as well as the learned Sessions Judge have unnecessarily referred to Section 468 of the Cr. P.C., and it is on interpretation of the said provision in one way that the learned Magistrate has dismissed the State's application and in another way that the learned Sessions Judge has allowed the State's revision petition. Reference to Section 468 of the Cr. ...
Tag this Judgment!Purnima Sharma Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Dec-14-2001
Reported in: AIR2002Kant173; 2002(2)KarLJ479
G.C. Bharuka, J.1. The petitioner inter alia seeks a direction to the Principal of the Oxford Dental College, Bangalore, respondent 4, to permit her to join the BDS Course in compliance to the admission order issued by the Special Officer, Common Entrance Test Cell, Bangalore (Annexure-A). She also wants that respondent 3-Rajiv Gandhi University of Health Sciences should approve her admission.2. In the State of Karnataka, the admissions to the course of medical, dental and engineering colleges are governed by the Karnataka Selection of Candidates for Admission to Engineering, Medical and Dental Courses Rules, 1997 (hereinafter referred to as 'the Rules') which have been framed under Sub-section (1) of Section 14 of the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984.3. In support of prayer made in the writ petition, father of the petitioner has filed his affidavit dated 7-52-2001 placing on record some more material facts. Statement of objections have been ...
Tag this Judgment!Brijesh Singh and anr. Vs. State by All Women Police Station, Ulsoorga ...
Court: Karnataka
Decided on: Dec-14-2001
Reported in: 2002CriLJ1362; ILR2002KAR1427; 2002(2)KarLJ548
Mohamed Anwar, J.1. Brijesh Singh, petitioner in Cr. P. No. 2571 of 2001, is A-l in Crime No. 12 of 2001 of Ulsoorgate Women's Police Station booked against him and his four relatives for the offences under Section 498-A read with Section 109, under Section 506 of the IPC and under Sections 3 and 4 of the Dowry Prohibition Act. on the complaint of his wife Smt. Sharmila. lodged with the police on 11-6-2001. He has filed the petition under Section 439(l)(b) of the Cr. P.C. praying to set aside the order dated 26-7-2001 in Cr. R.P. No. 218 of 2001 passed by the learned Principal City Civil and Sessions Judge, Bangalore.2. Petitioner in Cr. P. No. 2639 of 2001 is the said Smt. Sharmila Brijesh Singh, wife of petitioner in Cr. P. No. 2571 of 2001. She has filed her petition under Section 482 of the Cr. P.C. against the State by Ulsoorgate Police, her husband Brijesh Singh and two others with a prayer to set aside the order dated 12-7-2001 of the 6th Additional Metropolitan Magistrate, Bang...
Tag this Judgment!Sri Nandi Basaveshwara Swamy Devaru, Attigere Village, Davanagere Dist ...
Court: Karnataka
Decided on: Dec-14-2001
Reported in: 2002(3)KarLJ669
ORDERN.K. Patil, J. 1. With the consent of the learned Counsels appearing for both the parties, the matter is taken up for hearing. 2. The petitioner is assailing the impugned orders in No. RRT. CR. 156/96, dated 22-7-1996 issued by the 3rd respondent vide Annexure-E; in case No. EA. 28/1996-97, dated 22-6-1998 passed by the 2nd respondent vide Annexure-F and in R.A. No. 98/1999-2000, dated 14-11-2000 passed by the 1st respondent vide Annexure-H. 3. The petitioner is a registered Society formed as Sri Nandi Basaveshwara Swamy Devaru by the villagers of Attigere Village to manage and look after the ancient religious Sri Nandi Basaveshwara Devaru Temple in Attigere Village, Davanagere Taluk, The land measuring 3 acres 5 guntas in Sy. No. 92, situated at Attigere Village, Davanagere Taluk was belonging to Smt. Basawa w/o. Kakargollada Hallappa and Smt. Basawa had given the said land to Sri Nandi Basaveshwara Temple for the purposes of 'Devara Deeparadhane' in the temple from the income de...
Tag this Judgment!Biju Ramesh and ors. Vs. the Chief Secretary, Department of Revenue, G ...
Court: Karnataka
Decided on: Dec-14-2001
Reported in: 2002(6)KarLJ91
ORDERB. Padmaraj, J.1. Since all these writ petitions filed by different petitioners are against the common order made by the second respondent-Deputy Commissioner at Annexure-D whereby he has confirmed the orders made by the 3rd respondent-Assistant Commissioner as per Annexure-C to C-4 involving common questions of law and facts, they are conveniently dealt with together and are disposed off by a common order.2. Heard the arguments of the learned Counsel for the petitioners as well as the learned Government Pleader for the respondents 1 to 4 and carefully perused the case records with their assistance. Learned Counsel for the respondents 5 to 22 being absent, he could not be heard in the matter. Even in the absence of the learned Counsel for the respondents 5 to 22, the learned Counsel for the petitioners as well as the learned Government Pleader took me through the case records including the impugned orders made by the second and third respondents.3. The petitioners have filed an ap...
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