Karnataka Court March 2001 Judgments
Karnataka State Road Transport Corporation and anr. Vs. K. Nataraj
Court: Karnataka
Decided on: Mar-29-2001
Reported in: 2002(1)KarLJ185
D.V. Shylendra Kumar, J.1. This appeal by the employer, Karnataka State Road Transport Corporation ('appellant-Corporation' for short) is directed against the order of the learned Single Judge allowing the writ petition filed by the respondent-worker ('respondent' for short) whereby the learned Single Judge has issued directions to the appellant to consider the case of the respondent or any member of his family for appointment in the appellant-Corporation on compassionate grounds.2. The appellant, being aggrieved by such directions, has preferred this appeal contending that the learned Single Judge could not haveissued any directions to the appellant to consider the case of the appellant or any of the members of the respondent's family for compassionate appointment inasmuch as the workman had not died while in service and no directions could be issued by the Court to consider any case of compassionate appointment other than the one in conformity with the policy that was being followed ...
Tag this Judgment!A. Ramdas and ors. Vs. State of Karnataka
Court: Karnataka
Decided on: Mar-29-2001
Reported in: 2002(6)KarLJ273
ORDER1. These two writ petitions have been filed by way of public interest litigation questioning the validity of Section 7(3) of the Karnataka Municipal Corporations Act, 1976 (in short 'the Act'), as also the legality of the Government Order dated 26-2-2001, published in the Gazette of 1-3-2001 (Annexure-A2) setting out the general principles which are to be kept in view in rotation of reserved seats among different categories of reserved classes in various wards as required under Article 243T of the Constitution of India.2. After the insertion of Part IX-A (the Municipalities) in the Constitution (Seventy-fourth Amendment) Act, 1992, which came into force on 1-6-1993, the Karnataka State Legislature substituted Section 7 of the Act to bring it in conformity with the constitutional amendments. Sub-section (2) of Section 7 of the Act which provides for reservation of seats for SC and ST whereas Sub-section (3) of the said section provides for reservation of seats for persons belonging...
Tag this Judgment!K. Mukunda Bhat Vs. State of Karnataka
Court: Karnataka
Decided on: Mar-28-2001
Reported in: 2002(3)KarLJ657
ORDERK. Sreedhar Rao, J.1. All these criminal petitions arising out of distinct liability in respect of the payment of motor vehicle taxes towards the omnibus bearing registration No. 8686. The petitioner is the owner of the bus. For the periods 1-5-1989 to 1-5-1993, 17 quarterly taxes were not paid. The Regional Transport Officer launched prosecution against the petitioner herein in C.C. Nos. 2699 and 2753 of 1993 for committing the offence punishable under Section 12(1)(a) read with Section 3(1) of the Karnataka Motor Vehicles Taxation Act, 1957. The total tax liability due was in a sum of Rs. 48,931/-. The petitioner before the Trial Court contended that in respect of C.C. Nos. 2699 to 2705 of 1993 quarterly taxes have been paid at the rate of Rs. 640A for the period 1-5-1989 to 1-11-1990 for the balance of period admittedly no taxes are paid. However, on 3-1-1991 petitioner had submitted an application to the K.T.O., Udupi for the cancellation of the Registration Certificate of the...
Tag this Judgment!Se Narappa and Others Vs. Holalkere Taluk Primary Co-operative Agricul ...
Court: Karnataka
Decided on: Mar-28-2001
Reported in: ILR2001KAR3802; 2001(5)KarLJ523
ORDERThe Court 1. Writ petition is taken up with the consent of parties. 2. The petitioners are all Committee Members of the 1st respondent-Society. The 3rd respondent was the President. On 17-7-2000 the 3rd respondent submitted his resignation addressed to the Chief Executive. On 29-7-2000 the 3rd respondent withdrew his resignation. 3. The resignation of a member is dealt with under Section 29B of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as the Act). Section 29B of the Act reads as follows.-'Resignation of a member.--A member of a committee, other than a nominated member, may resign his membership in writing under his hand and delivered to the Chief Executive and his seat shall become vacant on the expiry of fifteen days from the date of such delivery unless within the said period of fifteen days he withdraws such resignation in writing under his hand and delivered to the Chief Executive. The Chief Executive shall place the letter of resignation before ...
Tag this Judgment!J. Bheemananda Gupta Vs. Assistant Commissioner of Income-tax
Court: Karnataka
Decided on: Mar-28-2001
Reported in: (2001)168CTR(Kar)464; [2001]250ITR537(KAR); [2001]250ITR537(Karn)
M. F. Saldanha, J.1. We have heard the appellant's learned counsel.2. The point canvassed by him does require consideration and, consequently, the appeal is formally admitted. The learned advocate Sri E. R. Indra Kumar, who is standing counsel on behalf of the Department appears on behalf of the respondents and has been heard. He shall instructhis office to ensure that the memo of appearance is filed within two weeks.3. Since we have heard learned counsel on both sides and since we are of the view that the issue involved in this appeal certainly raises an arguable point we have examined the order passed by the Tribunal for purposes of ascertaining as to how the Tribunal has dealt with the issue in question. We find from paragraph 5 of the impugned order that apart from some totally generalised observations which are to the effect that the learned Judicial Member has considered the facts on record, there is virtually no reasoning or findings recorded as is basic in a judicial order. Wha...
Tag this Judgment!Suresh Umani Gugaratti Vs. General Manager, Karnataka State Road Trans ...
Court: Karnataka
Decided on: Mar-28-2001
Reported in: 2002ACJ1234
Hari Nath Tilhari, J.1. These two appeals arise from the judgment and award dated 7.4.99 delivered by M.A.C.T., Belgaum (Prl. Civil Judge) in M.V.C. No. 988 of 1995 whereby Tribunal has awarded in total a sum of Rs. 3,03,000 with interest at the rate of 6 per cent per annum.2. The facts of the case in the nutshell are that on 16.2.1995 the claimant-injured was travelling in K.S.R.T.C, bus bearing registration No. KA 25-F 713 from Mod-age village towards Belgaum, after attending the jatra of Goddess Bhaveshwari at Modage village and the said bus was full of passengers. At about 9.30 a.m. the said bus when coming on the Puna-Bangalore National Highway Road near Managutti Cross, the driver of the said bus respondent No. 1 was driving the bus at a very high speed and in a rash and negligent manner. As a result of driving of the bus in a rash and negligent manner, driver lost control over his vehicle and the said K.S.R.T.C. bus went and dashed against stationary truck bearing registration N...
Tag this Judgment!Anil Associates Vs. Commissioner of Central Excise
Court: Karnataka
Decided on: Mar-28-2001
Reported in: 2001(76)ECC320; 2001(130)ELT429(Kar)
ORDER1. We have heard the learned Counsel on both sides in this reference and we propose to confine this order only to one relevant aspect that is really germane as we do not consider it necessary to embark upon any detailed debate with regard to the four questions that have been referred to the court in so far as it is the same issue that has been split up in different forms. Secondly, while the departmental forums were obliged to examine and record findings on all issues that fell for determination such as vexed questions relating to value etc., we find it unnecessary to re-examine those aspects because they are really a factual determination on which the Tribunal is the ultimate fact finding authority. What ultimately survives is the short question as to firstly whether the Tribunal was justified in having accepted the department's view that the importation in question required a specific licence and that the special import licence produced by the party was not valid and secondly wh...
Tag this Judgment!Shanthappa and ors. Vs. State
Court: Karnataka
Decided on: Mar-28-2001
Reported in: 2001CriLJ2822
ORDERK. Sreedhar Rao, J.1. This petition filed under Section 482, Cr. P.C. for quashing of the proceedings in C.C. No. 425 of 2000.2. The accused have filed this petition alleging that the complainant in the case who is the Police Inspector registered the FIR by himself as victim and informant conducted the investigation and filed the charge-sheet. Therefore, it is contended that the entire investigation is vitiated as it is a biased Investigation and the person interested in the cause has abused his powers as a Police Officer and filed the charge-sheet.3. The State Public Prosecutor also fairly concedes on the proposition of law that a police officer who has personal and vested interest in the cause should not be permitted to investigate the case. Police officer who other than the official interest has any personal or vested interest in the cause should not be permitted to investigate the case. Eventually the facts disclose that the Investigation Officer who himself is a complainant a...
Tag this Judgment!Smt. Neelavva Vs. Baburao
Court: Karnataka
Decided on: Mar-27-2001
Reported in: 2002(4)KarLJ304
ORDERR. Gururajan, J. 1. This petition is filed by the landlord challenging the order dated 9-9-1997 passed in Rent Revision No. 107 of 1995.2. Tenant filed a petition under Section 43(1) of the Karnataka Rent Control Act seeking for orders before the First Additional Munsiff, Dharwad in HRC No. 20 of 1992. In the petition it has been stated that the petition premises is situated near Gandhi Chowk, Dattatreya Temple, Dharwad, and the petitioner is running a tailoring class in the said premises and he is paying a monthly rental of Rs. 35/-. In the portion of the petition schedule premises i.e., in verandah there are three holes and the verandah is in dilapidated condition. Petitioner filed a petition in HRC No, 88 of 1988 seeking for an order to repair the said verandah. A Court Commissioner was appointed and he submitted his report. The HDMC issued a notice in this regard, which was subsequently cancelled by an order of the High Court. The landlady with the help of her husband demolish...
Tag this Judgment!Munivenkatappa and ors. Vs. the Commissioner, Bangalore Development Au ...
Court: Karnataka
Decided on: Mar-27-2001
Reported in: AIR2001Kant371; ILR2001KAR5283; 2002(1)KarLJ305
1. This appeal is by the claimants/landowners of land in Sy. No. 44 of Nagavar Village, Bangalore North Taluk, in all measuring an extent of about 9 acres. The appellants have preferred this appeal being aggrieved by dismissal of miscellaneous application by the Court below which application had been filed to set aside the order of dismissal dated 30-9-1991 passed by the said Court in LAC No. 448 of 1990 for non-appearance and non-prosecution.2. The lands of the appellants had come to be acquired by the respondent-Bangalore Development Authority for its development scheme known as 'HBR III Stage Layout'. The Land Acquisition Officer had awarded compensation in respect of the acquired lands and the appellant being not satisfied by the quantum of compensation, had sought for reference to the Civil Court under Section 18(3)(b) of the Land Acquisition Act, seeking for enhancement of the compensation amount.3. The said reference had been numbered as LAC. No, 448 of 1990 on the file of the C...
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