Karnataka Court February 2001 Judgments
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State by Kengeri-gate Police, Bangalore Vs. Gurappa Alias Gurava
Court: Karnataka
Decided on: Feb-26-2001
Reported in: ILR2001KAR2655; 2001(6)KarLJ166
Kumar Rajaratnam, J.1. The XX Additional Sessions Judge, Bangalore by his judgment dated 8-6-1994 in S.C. No. 169 of 1992 convicted the accused-respondent for an offence under Section 326 of the Indian Penal Code. The accused was sentenced to undergo R.I. for a period of three years and to pay a fine of Rs. 1,OOO/- in default to undergo S.I. for a period of two months.2. The prosecution case, in brief, is that on 2-3-1992 at 11.15 p.m. in front of Muneshwara Swamy Temple on the night of Sivarathri there was a brawl between P.Ws. 1 and 3 on one side and the accused on the other side. At that time the deceased chose to intervene and try to pacify both sides. During the scuffle, A. 1 stabbed the deceased.3. The eye-witnesses were P.Ws. 1, 6 and 7. The motive appears to be that the accused were playing cards on the verandah of the temple and the deceased and others warned the accused not to play cards. The deceased, seeing the scuffle between P.W. 3 and the accused, tried to pacify both pa...
Mohan and ors. Vs. Thomas K.V. and anr.
Court: Karnataka
Decided on: Feb-26-2001
Reported in: 1(2002)ACC278
T.N. Vallinayagam, J.1. Aggrieved by the denial of liability of the Insurance Company on the quantum of compensation granted by the II Additional Civil Judge and Chief Judicial Magistrate, Mangalore in MVC No. 771 of 1990, the appellant-claimants are before this Court.2. The point raised in the above appeal preferred by the claimants in MVC No. 771 of 1990 is: Whether the Insurance Company is liable in respect of the vehicle involved in the accident that took place on 7.5.1990 at 12.30 noon, namely the vehicle bearing No. CNG 6967, resulting in the injuries to the claimants.3. The facts disclose that the vehicle was insured with the second respondent and the second respondent denied the liability on the ground that the driver had licence only to drive light motor vehicle and the tempo is not a light motor vehicle and, consequently, the Insurance Company is not liable. It is not in dispute that as per Ex. P3, the extract of RC Book of the Vehicle No. CNG 6967 that the driver is having l...
S. Kumaraswamy and anr. Vs. Ramu
Court: Karnataka
Decided on: Feb-23-2001
Reported in: 2001ACJ1904; [2001(90)FLR362]; ILR2001KAR2739; 2002(2)KarLJ218
Chidananda Ullal, J.1. This appeal is preferred by the owner and the Insurance Company to challenge the award dated 18-3-1997 in case No. WCA 23 of 1993 passed by the Workmen's Compensation Commissioner, Mysore District, Mysore. In passing the said award, the said Workmen's Compensation Commissioner awarded a sum of Rs. 97,320/- payable by the appellants herein to the respondent-claimant together with interest at 6% and further penalty of Rs. 20,000/- payable by the appellant 1-owner.2. The learned Counsel appearing for the appellant Sri S.P. Shankar had taken me through the impugned award passed by the Workmen's Compensation Commissioner, Mysore District, Mysore, henceforth in brief referred to as the 'WCC'. It was argued by him that though the medical evidence had reflected that the respondent-claimant had suffered overall bodily disablement of 15%, he had fixed the disability in the matter of earning capacity of the respondent-claimant to an extent of 100%. While taking me through t...
State of Karnataka and anr. Vs. K.K. Mohandas and ors.
Court: Karnataka
Decided on: Feb-23-2001
Reported in: ILR2002KAR2872; 2002(3)KarLJ450
B.K. Sangalad, J. 1. Though these appeals were listed for admission, by consent of both the parties, these appeals have been taken up for final disposal. 2. These four appeals arise out of common judgment and decree dated 9-3-1998 passed in R.A. Nos. 223, 221, 222 and 229 of 1996 by the II Additional Civil Judge (Senior Division) and Chief Judicial Magistrate, Mangalore. 3. The respondent in each appeal was the plaintiff and the appellants were the respondents in O.S. Nos. 1261 to 1264 of 1990. In the said suits, the decree was passed in favour of the plaintiffs. As such, the appellants-respondents preferred appeals in R.A. Nos. 220 to 223 of 1996. The learned n Additional Civil Judge (Senior Division) and Chief Judicial Magistrate, Mangalore has disposed off the appeals by common judgment dated 9-3-1998. Being aggrieved by this judgment and decree, the present appeals arise. While narrating the facts of the case, the rank of the parties shall be followed in the lower Court. 4. The pla...
Suresh R. Shetty Vs. Senior Geologist, Mines and Geology Department, M ...
Court: Karnataka
Decided on: Feb-23-2001
Reported in: AIR2001Kant225; 2001(4)KarLJ405
ORDER1. By this petition the petitioner has challenged the order dated 20-3-1999 passed by the first respondent-Senior Geologist, whereby the first respondent has cancelled the petitioner's quarrying licence for quarrying building stones in the land bearing Sy. No. 37/1, measuring 1 acre of Pandu Village of Dakshina Kannada District.2. According to the petitioner's case, the petitioner has been carrying on the quarrying work in that area since 1991 and his licence was renewed from time to time. The petitioner had been working in the name of 'Sri Seethalakshmi Stone Crushing Industries'. According to the petitioner's case, the Southern Railway called for tenders for supply of 50 MM hard granite stone ballasts for the Uppala Mangalore doubling work and Bandar bye-pass line and the petitioner's tender was accepted for the work and work of the value of Rs. 63,39,100 was entrusted to the petitioner by order dated 10-10-1996. According to the petitioner, he had been quarrying the granite sto...
Professional Workers' Trade Union Centre of India, Bangalore and Anr. ...
Court: Karnataka
Decided on: Feb-23-2001
Reported in: 2002(1)KarLJ474
ORDERN. Kumar, J.1. The first petitioner is a Trade Union and the second petitioner is the President of Kolar Branch of Indian National Trade Union Congress and also the employee of the second respondent-Mines. These two petitioners have preferred these writ petitions purporting to be in public interest challenging the action of the Union of India to wind up the second respondent-Mines, namely the Bharat Gold Mines Limited.2. Petitioners' case is the second respondent-company after it was taken over by the Government of Mysore and the Government of India started showing substantial losses due to wrong pricing policy adopted by the Government of India and also due to various factors. Consequently, the second respondent-company was showing losses every year in its balance-sheet and ultimately the second respondent-company was referred to the fourth respondent, namely Board for Industrial and Financial Reconstruction under Section 15(1) of the Sick Industrial Companies (Special Provisions...
Mullur K.G. Vs. Management of K.S.R.T.C., Belgaum Division
Court: Karnataka
Decided on: Feb-23-2001
Reported in: ILR2001KAR1722; (2001)IILLJ140Kant
Ashok Bhan, J.1. Appellant was appointed as a conductor in the Karnataka State Road Transport Corporation (hereinafter referable as the Corporation) in the year 1980. On March 12, 1992, the bus which was being conducted by him, was checked by the vigilance staff of the Corporation. It was found that he had not issued five tickets having collected fare of Rs. 2 from each of the passengers. He had also failed to issue 5 tickets to the passengers and has also failed to collect the fare from them. A domestic enquiry was ordered and Enquiry Officer was appointed. Domestic enquiry was held against the appellant and the Enquiry Officer reported that the charges were proved. Consequently, the disciplinary authority dismissed the appellant from service with effect from February 28, 1995.2. Order of dismissal was questioned by the appellant by moving a petition under Section 10(4-A) of the Karnataka Amendment of the Industrial Disputes Act, 1947 (for short, the Act) before the Labour Court, Hubl...
K.B. Ramachandra Raje Urs Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Feb-22-2001
Reported in: AIR2001Kant512
ORDERV. Gopala Gowda, J.1. These two writ petitions pertain to the same property, namely, Sy. No. 1 of Vijayashreepura, Mysore. The extent of land involved is 94 acres 28 guntas. The petitioner is common in both the petitions.2. Certain facts are necessary to understand the case properly and, answer the rival contentions urged on behalf of the parties, the same are stated briefly as under.--The petitioner states that 94 acres 28 guntas of land in Sy. No. 1 of Vijayashreepura had been acquired by the Mysore Urban DevelopmentAuthority (hereinafter referred to as 'MUDA' in short) purportedly for implementing a scheme called Vijayashreepura Extension in exercise of its power under the provisions of erstwhile City of Mysore Improvement Act, 1903 (hereinafter referred to as '1903 Act' in short). Preliminary Notification dated 21-6-1985 was issued as per Annexure-C under Section 16(1) of the Act of 1903. In the notification the name of the khatedar was shown as Smt. Gayathri Devi Trust repres...
Rajeev Indani Vs. D. Veerendra Heggade
Court: Karnataka
Decided on: Feb-22-2001
Reported in: ILR2001KAR4987; 2001(5)KarLJ449
ORDERThe Court1. This petition is filed under Section 482 of the Cr. P.C. by the accused in C.C. No. 25389 of 1998 on the file of the Court of the XI Additional Metropolitan Magistrate, Mayohall, Bangalore, seeking for quashing the above case registered against him by the order dated 6-10-1998 passed by the said Court.2. On the complaint filed by the respondent represented by his power of attorney against the petitioner for the offence under Section 138 of the Negotiable Instruments Act, 1988 (for short, 'the Act'), the Trial Court has taken cognizance of the offence and thereafter, recorded the sworn statement of the special power of attorney holder of the respondent and passed the impugned order dated 6-10-1998 ordering for registering the case against the petitioner for the offence under Section 138 of the Act. The said order is now challenged by the accused in the present proceedings.3. The learned Counsel for the petitioner vehemently contended that the complaint filed by the spec...
Devaraj and anr. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Feb-22-2001
Reported in: AIR2001Kant298; ILR2001KAR2646
Kumar, J.1. The petitioners have filed this writ petition purporting to be in the public interest for quashing of the order dated 16-3-99 granting the site measuring 16 feet x 34 feet in front of house situated at Khata Nos. 2519 and 2519A at Bye-pass Road of Kalkuniki, Hunsur Town and K. R. Nagar in favour of Sri Ramesh and Sri Narsaiah, respondents 6 and 7 to this writ petition on the ground that sixth respondent Sri Ramesh being the President of the Town Municipal Council has misused his position in getting the said land in his favour and in favour of the seventh respondent, his brother.2. The first petitioner is the Ex-Municipal Councillor whereas the second petitioner is a sitting Councillor of Town Municipal Council, Hurisur. Their case is that property bearing No. 1199/2519 measuring 23' x 34' and 1200/25/A measuring 23' x 34' belong to the Town Municipal Council. These two vacant sites are abutting the main road at Kalkunike, Hunsur, and each of these properties are worth more ...
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