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Karnataka Court March 2001 Judgments

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Mar 05 2001

Mohammad Ilyas Ahamed Vs. Abdul Subhan

Court: Karnataka

Decided on: Mar-05-2001

Reported in: 2001CriLJ2821

ORDERK. Sreedhar Rao, J. 1. These criminal petitions are filed under Section 482, Cr.P.C. challenging the order of the Addl. Sessions Judge, Shimoga. The petitioner filed the complaints under Section 138 of Negotiable Instruments Act against the respondent who is common in both the cases. On 24.11.1999 the complaints filed by the petitioner came to be dismissed for default. However, the proceedings of the order sheet discloses that immediately after the dismissal, the Counsel appearing for the petitioner appeared requesting the Court for recall of the dismissal order and exempting the complainant's presence. The Court allowed the request and immediately by recalling the order adjourned the matter to 12.1.2000. The said order came to be challengedin the Criminal Petition Nos. 241/99 and 243/99. The learned Sessions Judge allowed the revision and set aside the order of restoration dated 24.11.1999. Being aggrieved, the complainant has filed the present petition. 2. The complainant and re...


Mar 05 2001

Sidaraya Vs. the State of Karnataka and ors.

Court: Karnataka

Decided on: Mar-05-2001

Reported in: AIR2001Kant316

ORDERV. Gopala Gowda, J.1. Though this matter is listed for preliminary hearing, since it could be disposed of on a short ground, Sri A. Padmanabhan, H.C.G.P. is directed to take notice on behalf of respondents. By consent the matter is heard on merits and disposed of by this order.2. Petitioner dug a well by availing loan from the 5th respondent Primary Co-operative Agriculture and Rural Development Bank, Athani. The well failed. In respect of failed wells and bore-wells, the Government has formulated a Scheme vide its orders dated 30-5-1984 and 6-3-1990 for payment of compensation. The petitioner applied for compensation under the said Scheme by producing all necessary documents. The Geologist has issued certificate as per Annexure-E certifying that the well dug by the petitioner has failed and recommended for payment of compensation. The Assistant Commissioner, Chikkodi, has also recommended for payment of compensation vide Annexure-F. However, by the impugned order at Annexure-G da...


Mar 05 2001

R.V. Dental College Etc. Vs. Union of India (Uoi) and anr.

Court: Karnataka

Decided on: Mar-05-2001

Reported in: AIR2001Kant302; ILR2001KAR3502

ORDERTirath Singh Thakur, J.1. These Writ Petitions filed by R. V. Dental College and the students, who have passed out from the same raise common questions for consideration and shall stand disposed of by this order.2. In W.P. No. 8496/2000 filed by the College, a declaration to the effect that the permission granted by the Central Government under Section 10A of the Dentists Act should be treated as one under Section 10C of the Act has been prayed for. WPs. No. 31649/2000, 32720 & 21/2000, 2019-21/ 2001 and 2418/2001 have been filed by students of the petitioner-College, who have taken admission to different Post Graduate Courses in Dental Sciences, which admissions the University has declined to approve on the ground that the dental qualification acquired by them not being a recognised qualification, the petitioners are not entitled to pursue any such Course. In WPs No. 38437-39/2000, students who have passed out from the petitioner-College have assailed the denial of permission to ...


Mar 01 2001

The Oriental Insurance Company Limited, Bangalore Vs. Shabir Ahmed and ...

Court: Karnataka

Decided on: Mar-01-2001

Reported in: I(2002)ACC174; 2002ACJ174; [2002(95)FLR198]; ILR2001KAR4501; 2002(4)KarLJ288

Chidananda Ullal, J.1. This appeal is filed by the insurance company to challenge the order dated 9-9-1997 in Case No. WCA:CR:No. 28 of 1995, passed by the Workmen's Compensation Commissioner, Sub-Division I, Bangalore. In passing the said order, the Workmen's Compensation Commissioner had awarded Rs. 2,21,370/- as compensation payable to the L,Rs of the deceased respondents 2 and 3.2. The appellant-insurance company is represented by the learned Counsel Sri S.P. Shankar. On the other side, the respondent 1-owner is represented by Sri Chennaraya Reddy, whereas, respondents 2 and 3 contesting respondents are represented by Sri T.V. Ramesh.3. Sri S.P. Shankar while urging the grounds made out in the appeal memorandum, more specifically, the ground No. 2, had taken me through the impugned order under challenge. It was his argument that the Workmen's Compensation Commissioner, Sub-Division I, Bangalore, henceforth in brief referred to as 'WCC' had made mistake in the matter of the applicat...


Mar 01 2001

Spaceway Design Industries Vs. State of Karnataka

Court: Karnataka

Decided on: Mar-01-2001

Reported in: [2001]123STC607(Kar)

M.F. Saldanha, J. 1. This sales tax appeal assails the revisional order passed by the Additional Commissioner of Commercial Taxes, Zone-II, Bangalore dated July 31, 1997 whereby the authority in exercise of revisional powers has set aside the appellate order and has restored the original assessment order. We refrain from either stating the facts or getting into any discussion on merits, for the reason that a perusal of the impugned order indicates to us that beyond stating that the assessing authority was right in passing original order and the appellate authority was wrong in setting it aside the original order, the revisional authority has not indicated any grounds or any reasoning in support of its conclusions. Where revisional powers are exercised, it is very necessary that a proper speaking order has to be passed and that the conclusions arrived at in that order be supported by a process of logical reasoning and justification that would support the conclusions that have been arriv...


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