Karnataka Court June 2001 Judgments
North Eastern Karnataka Road Transport Corporation Vs. Eranna
Court: Karnataka
Decided on: Jun-21-2001
Reported in: [2001(91)FLR518]; ILR2001KAR4196; (2001)IILLJ1586Kant
ORDERChidananda Ullal, J. 1. This appeal is filed by the employer-Karnataka State Road Transport Corporation, subsequently North Eastern Karnataka Road Transport Corporation, to challenge the order dated October 17, 2000 in Writ Petition No. 34801/1998 passed by the learned single Judge, in passing whereof, the learned single Judge confirmed the order of the Labour Court to reinstate the respondent-workman together with 50% back wages in upsetting the order of the appellant-employer to dismiss him from service on the findings of the domestic enquiry. 2. The learned Counsel for the appellant-NEKRTC (henceforth in brief referred to as 'Employer'), Sri P.R. Ramesh argued that the Labour Court as well as the learned single Judge were in error in reinstating the respondent-workman by overlooking the evidence on record that the respondent-workman was guilty of non-issuance of tickets to 21 passengers, despite collecting the fares from them. It was pointed out by him that in reinstating the w...
Tag this Judgment!Deputy Commissioner of Income-tax Vs. Abdul Sattar Sait
Court: Karnataka
Decided on: Jun-20-2001
Reported in: (2001)169CTR(Kar)221; [2001]251ITR113(KAR); [2001]251ITR113(Karn); [2001]119TAXMAN678(Kar)
Ashok Bhan, J. 1. This appeal has been preferred under Section 27A of the Wealth-tax Act, 1957 (for short, 'the Act'). It is directed against the appellate order passed by the Income-tax Appellate Tribunal, Bangalore (for short 'the Tribunal'), in the respondent-assessee's case in respect of wealth-tax assessment for the assessment year 1987-88. The appeal is confined against the order of the Tribunal in so far as it relates to the point involved in W. T. A. No. 127/(Bang) of 1992, only. 2. The facts occasioning the filing of this appeal briefly stated are : In relation to the assessment year 1987-88 relevant for the valuation date ending on March 31, 1987, the Wealth-tax Officer passed the assessment order under Section 16(3) of the Act. While concluding the assessment, the Wealth-tax Officer determined the value of the immovable property of the assessee situated at No. 3/1-2, Ali Askar Road, Bangalore, at Rs. 1,37,66,663. 3. Aggrieved by the said order of assessment, the assessee pre...
Tag this Judgment!State of Karnataka Vs. B. Venkatareddy
Court: Karnataka
Decided on: Jun-19-2001
Reported in: ILR2001KAR4203; 2001(6)KarLJ46
M.F. Saldanha, J. 1. The facts of this case are extremely distressing. The accused before us is a conductor who at the relevant time was working with the Andhra Pradesh State Road Transport Corporation. He was the conductor in a bus that was transiting through the rural area of Karnataka on the Karnool to Yadgir Road. On the evening of 18-4-1990, this bus had picked up a shepherd by the name of Usman Sab as one of the passengers. While the bus was making its way, the accused noticed that Us-man Sab had boarded the bus along with a sheep and, the animal started bleating. This infuriated the accused, who for no reason at all flung the animal out of the bus and thereafter threw the owner Usman Sab after the animal. It transpired that Usman Sab sustained head injuries and he was found dead. The Police were called into the picture and in the course of investigation the accused was charged with the offence punishable under Section 302 of the Indian Penal Code. The accused was put on trial an...
Tag this Judgment!North West Karnataka Road Transport Corporation Vs. Shankaran Rao
Court: Karnataka
Decided on: Jun-19-2001
Reported in: ILR2001KAR5068; (2002)ILLJ345Kant
ORDERChidananda Ullal, J. 1. This appeal is directed against the order dated September 26, 2000 in W.P. No. 5291/1997 passed by the learned single Judge, in passing whereof, the learned single Judge while allowing the Writ Petition, he had set aside the rejection of the Ref. No. 12/1995 by the Labour Court and further ordered for reinstatement of the workman without continuity of service and back wages.2. The learned counsel for the appellant had taken us through the impugned order under challenge. It was argued by him that the learned single Judge had entered into an error in setting aside the order of the Labour Court in rejecting the reference to confirm the order of termination of the services of the respondent-workman. He further argued that the respondent-workman while discharging his duties as Conductor on Sangli-Jamkhandi route found to have not issued tickets to 18 passengers in the bus inasmuch as they were travelling in the bus without tickets. According to him, the said act...
Tag this Judgment!B.K. Narasimha Murthy Vs. Union of India and Another
Court: Karnataka
Decided on: Jun-18-2001
Reported in: AIR2001Kant392; ILR2001KAR5679; 2001(4)KarLJ391
ORDER1. An old man of 80 years with cancer is knocking at the doors of this Court with regard to freedom fighter pension payable to him by the Central Government. The facts in brief are as under:2. The petitioner claiming to be a freedom fighter having participated in the freedom movement, made an application in the year 1982 through proper channel seeking for freedom pension. According to him, he is eligible and entitled for the same in terms of the scheme framed by the respondent. The petitioner further says that in the year 1990 itself the application of the petitioner was forwarded by the State Government recommending the award of the pension in terms of a letter bearing No. DPAR 681 PFC 89. The petitioner was pursuing the matter and nothing happened. The petitioner further says that the Government sought for a Jail Certificate and the same was complied with by the petitioner in the year November 1998. Clarification was sought from the petitioner and the clarification was also made...
Tag this Judgment!Chinna Dorai and Another Vs. the Managing Director, Karnataka State Ro ...
Court: Karnataka
Decided on: Jun-18-2001
Reported in: 2003ACJ315; ILR2001KAR3784; 2001(4)KarLJ609
Tirath S. Thakur, J.1. This miscellaneous first appeal arises out of an order made by the Motor Accident Claims Tribunal, Bangalore, whereby, the Tribunal has awarded a sum of Rs. 1,07,500/- only towards compensation for the death of a 14 year old boy on account of a motor accident. The appellant-claimants before the Tribunal, assail the correctness of the view taken by the Tribunal and seek an appropriate enhancement.2. On 3rd of September, 1992, while the deceased was on his way to school from his house on the Hosur Road, a BTS Bus, knocked him down. He was shifted to the Sanjay Gandhi Hospital, for treatmentwhere he eventually succumbed to the injuries. A claim petition for award of compensation was in due course filed by the parents of the deceased in which a sum of Rs. 7,56,000/- only was claimed under various heads. The claim was resisted by the respondent-Corporation, giving rise to four issues which the Tribunal framed and decided in favour of the appellant. The Tribunal came t...
Tag this Judgment!Rao Saheb and Others Vs. the Deputy Commissioner, Belgaum District and ...
Court: Karnataka
Decided on: Jun-18-2001
Reported in: 2001(4)KarLJ597
ORDER1. We have heard the appellants' learned Counsel, learned Counsel for the contesting respondents and the learned Government Advocate on merits. The present appeal is directed against an order of the learned Single Judge dated 12-3-2001 whereby the writ petitions filed by the appellants were dismissed. The dispute is within a very narrow ambit and we shall summarise the controversy very briefly. The appellants owned a plot of land on the bank of a nala which was sold in the year 1993 to respondents 4 and 5 and has been numbered as R.S. No. 2/1 and 2/2. The nala or river in question has apparently changed course and as often happens, a piece of alluvial land has been formed between the aforesaid lands and the river and the entire dispute is with regard to this alluvial land. The respondents 4 and 5 applied for the grant of this land to them and there is some controversy as to what was the role of the appellants. It is correct to state that the record indicates that the appellants di...
Tag this Judgment!K. Vasudeva and ors. Vs. the Corporation of the City of Bangalore and ...
Court: Karnataka
Decided on: Jun-18-2001
Reported in: ILR2001KAR4973; 2001(6)KarLJ360
ORDERThe Court1. These writ petitions are filed by the petitioners claiming that they are in possession of the house properties mentioned in their respective petitions which are situated on the First Main Road, Gandhinagar presently in Corporation Ward No. 27 seeking for issuance of a writ of mandamus directing respondent-Corporation not to enter upon their respective properties on First Main Road, Gandhinagar and not to demolish the structure put up without due process of law in some petitions. In some petitions they have sought for direction to the first respondent to allot the area falling under conservancy lane prescribing their respective premises by considering their representations in accordance with law, urging various legal contentions.2. These petitions are heard together as the facts, grounds and the prayer sought for by them are common and the legal question that would arise for consideration of this Court is one and the same. After hearing the learned Counsel for the parti...
Tag this Judgment!Ramappa and ors. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Jun-15-2001
Reported in: ILR2001KAR3655; 2002(2)KarLJ106
ORDERV. Gopala Gowda, J.1. These writ petitions are filed by the elected Councillors of City Municipal Councils and Town Municipal Councils in the State of Karnataka seeking to strike down Sub-rule (6) of Rule 13 of the Karnataka Municipalities (President and Vice-President) Election (Amendment) Rules, 1995 (hereinafter referred to as the 'Rules') as ultra vires and violative of Article 14 of the Constitution of India and to quash the notifications bearing No. UDD 47 MLR 2001, dated 30-5-2001 and UDD 47 MLR 2001 dated 2-6-2001.2. In order to answer the legal questions raised in these writ petitions, certain brief facts are stated as under:The State Government in exercise of its legislative power under Article 243-T(4) and (6) of the Constitution inserted Sub-section (2-A) to Section 42 of the Karnataka Municipalities Act, 1964 (which is hereinafter referred to as 'the Act'), providing for reservation to the offices of President and Vice-President in the Municipal Councils and Town Panc...
Tag this Judgment!Director, Karnataka Government Insurance Department, Bangalore Vs. Gan ...
Court: Karnataka
Decided on: Jun-15-2001
Reported in: 2002ACJ1966; ILR2001KAR4207; 2001(6)KarLJ300
Tirath Singh Thakur, J.1. There is a delay of 174 days in the filing of this appeal arising out of the award made by the Motor Accidents Claims Tribunal in favour of the claimants, who are the legal heirs of the deceased victim of the accident.An application seeking condonation of the delay has been filed, which is supported by an affidavit sworn by the Section Officer of the Law Department of the Government of Karnataka. A reading of the affidavit shows that a certified copy of the judgment and award of the Tribunal was forwarded by the Government Pleader to the State Government with his opinion as early as on 4th of May, 2000, which was received by the Law Department on 16th of May, 2000. The opinion and the judgment appear to have been submitted to the 'Solicitor' working in the Law Department on 17th of May, 2000. The Solicitor in turn returned the file more than a month later on 23rd of June, 2000 with a direction that the file pertaining to another motor vehicle case bearing No. ...
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