Karnataka Court August 2001 Judgments
M. Raju Vs. State of Karnataka
Court: Karnataka
Decided on: Aug-10-2001
Reported in: I(2002)DMC345; ILR2001KAR5600
H.N. Narayan, J.1. This appeal is directed against the judgment of the learned Additional City Civil and Sessions Judge, Bangalore, dated 27.6.1998 in S.C. No. 342 of 1996 on his file. By the impugned judgment, the learned Sessions Judge convicted the accused for the offence punishable under Section 302, I.P.C., and sentenced him to undergo rigorous imprisonment for life and also to pay a fine of Rs. 5,000/-, in default to pay the said fine, to undergo rigorous imprisonment for six months.2. The case of the prosecution as disclosed from the judgment of the Trial Court, in brief, is as follows :Deceased Lakshmamma was earlier married to P.S. 7-Krishnappa and she gave birth to two daughters - Padma and Nagamani, aged 19 and 16 years respectively. He deserted her 20 years prior to the date of her death due to some differences. The accused who came in contact with her, married her on a false statement that he was unmarried. However, she lived with him till her death. As the accused was not...
Tag this Judgment!Parvindar Kaur Chawla Vs. Divisional Commissioner, Bangalore Division, ...
Court: Karnataka
Decided on: Aug-09-2001
Reported in: 2001(6)KarLJ449
ORDERR. Gururajan, J.1. Petitioner in the case on hand is seeking for the following prayers:'1. to issue a writ of certiorari to quash Annexures-B and D and the entire proceedings emanated from the respondents 1, 2 and 3, and 2. to issue writ of prohibition against respondents 1 to 3 from proceeding against the writ petitioner under the colour of Karnataka Stamp Act, Section 45A, beyond Indian Registration Act, since the respondents 1 to 3, have acted without jurisdiction, and 3. to declare or strike down the proviso to Sub-section (5) of Section 45A, as unconstitutional'. 2. Petitioner presented a sale deed 19-1-1998 in which the market value of the property was shown for 6 acres and 18 guntas valued at Rs. 4,40,000/-. Respondent 3, the Sub-Registrar received the document and accepted the market value without raising any objection whatsoever. The document was registered on 19-1-1998. Subsequently the respondent referred the matter to the Deputy Commissioner on the ground of under val...
Tag this Judgment!Basalingappa Chinnappa Goudar and ors. Vs. Shantavva and ors.
Court: Karnataka
Decided on: Aug-09-2001
Reported in: ILR2002KAR260; 2001(6)KarLJ460
ORDERThe Court1. Petitioners are the defendants in the Court below. Plaintiff has filed a suit for the relief of partition and separate possession of her 1/12th share in the suit schedule property. Petitioners are defendants 1 to 7 in the suit. Defendants 1 to 7 have not filed their written statement. Therefore, the case was posted for evidence and the plaintiff was examined as P.W. 1. She has marked Exhibits P. 1 to P. 19, P. 20, P. 22 and P. 23 to 30, documents in support of her claim. After her examination-in-chief was over the aforesaid documents were marked, learned Counsel appearing for defendants 1 to 7 requested the Court to permit him to cross-examine P.W. 1. The said request was rejected by the Court below on the ground that defendants 1 to 7 have not filed written-statement.In view of the language employed in Order 8, Rule 10 of the CPC especially the words in italics that, when the defendant fails to present the written statement called for by the Court, the Court shall pro...
Tag this Judgment!Mohammed Ibrahim Vs. Dist. Consumer Disputes Redressal Forum, Kolar an ...
Court: Karnataka
Decided on: Aug-09-2001
Reported in: AIR2002Kant176
ORDERV. Gopala Gowda, J1. Petitioner is running a paddy husking industry. A back billing demand notice as per Annexure-E dated 21-6-1999 was issued to the petitioner for a sum of Rs. 82,128/- in respect of the electricity consumed. Against the said demand, the petitioner filed appeal as per Annexure-F. As there was threat of disconnection of electricity, the petitioner filed a complaint be-fore the District Consumer Forum. The same was rejected by the impugned order at Annexure-K dated 16-2-2001 with liberty to the petitioner to approach the appropriate forum. Thereafter, a revised demand notice was issued to the petitioner as per Annexure-N dated 31-8-1999 calling upon the petitioner to pay a sum of Rs. 2,06,141/- in place of the earlier demand as the same was not in accordance with the Rules of the Board. This writ petition is filed seeking to quash the aforesaid demand notices and to direct the 4th respondent to dispose of the appeal filed by the petitioner as per Annexure-K.2. At t...
Tag this Judgment!A. Narasimhaiah and ors. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Aug-09-2001
Reported in: 2001CriLJ4293
P.V. Reddy, C.J.1. Writ Appeal 4220/ 2000 is filed by the petitioners in Writ Petition No. 32774/1996 and Writ Appeal No. 7653/1999 is filed by the State Government and other officials, who were respondents in Writ Petition No. 19578/1997. In both the Writ Petitions, the Petitioners are Directors of Bangalore District & Rural District Central Co-operative Bank Limited (hereinafter referred to as 'Bank').2. In Writ Petition No. 32774/1996 the prayer is to restrain the respondents from taking any adverse action against the petitioners pursuant to the communications dated 8-11-1996 and 11-11-1996 (Annexures - 'C' and 'D'). Annexure - 'C' is a letter addressed by the then Union Minister of Textiles addressed to the then Chief Minister pointing out serious financial improprieties committed in sanctioning the loans by the Bank under the Chairmanship of the 1st petitioner and requesting the Chief Minister to direct a probe into the entire matter and also to provide him with certain informatio...
Tag this Judgment!Bharat Gold Mines Limited Vs. Dhanalakshmi
Court: Karnataka
Decided on: Aug-08-2001
Reported in: 2003ACJ39; [2002(93)FLR1187]; ILR2002KAR2164; 2002(2)KarLJ131
B.K. Sangalad, J.1. This appeal is against the judgment dated 23-12-1999 passed in No. WCA.KGF.FC. 15/90 by the Commissioner for Workmen's Compensation, Kolar District, allowing the claim petition for compensation.2. The respondent filed an application dated 4-6-1990 before the Commissioner for Workmen's Compensation, for grant of compensation in respect of the death of her son, Shivanesan who was working in the appellant-Company as Blaster Assistant. He died on 8-2-1988, as a result of the employment injury, which he sustained on 27-1-1988. According to the claimant, her son who met with an accident on 27-1-1988 was admitted to BGML Hospital and he died on 8-2-1988 when he was an in-patient in the hospital. According to the claimant, her son while on duty suffered lacerated injury and on account of these injuries, he died. As such, he died on account of the accidental injury in the course of the employment.3. Mr. A.S. Bopanna, learned Counsel for the appellant submitted that the decea...
Tag this Judgment!Bhavera Kenchappa Vs. B. Raghavendra and ors.
Court: Karnataka
Decided on: Aug-08-2001
Reported in: 2002(1)KarLJ4
1. The appellant has preferred this writ appeal being aggrieved by the rejection of his writ petition by the learned Single Judge on 6-12-1999 '(Bhavera Kenchappa v. B. Ragkavendrachar Ors.). The appellant herein filed the writ petition challenging the order of eviction passed by the Tahsildar, Honnali Taluk dated 17-5-1996. As per the averments of the writ petition, respondents 1 to 3 were the village officers in whose favour 72-09 acres of land situated at Chatnahalli Village of Honnali Taluk were regranted by the Assistant Commissioner on 10-3-1969. As per the orders of regrant, Sy. Nos. 69 and 140 of Chatnahalli Village were also included. The appellant herein claiming to be a tenant under respondents 1 to 3, in respect of Sy. No. 69 measuring 1-04 acres and Sy. No. 140 measuring 4-00 acres is in possession of the same. Subsequently, under an agreement of sale dated 5-9-1969 the appellant agreed to purchase the above said land from the respondents. In other words, appellant was a t...
Tag this Judgment!The Contract Workers of Karnataka Vidyuth Karkane Limited, Bangalore a ...
Court: Karnataka
Decided on: Aug-07-2001
Reported in: [2002(93)FLR814]; 2001(6)KarLJ496
ORDERThe Court 1. These writ petitions are by the Union and the members of the Union who are engaged in doing the work of the 3rd respondent-Management under an independent contractor. The said workers are in service between 2 1/2 years and 12 years. Taking these facts into consideration, the Board of the 3rd respondent-Management passed a resolution dated 7-6-1999 resolving to take the workers who are working under an independent contractor as casual workers with effect from 1-6-1999. But, the State Government on the very day issued a direction to the 3rd respondent-Management not to take any steps to regularise the service of the workers by taking them as casual workers. But, there is some material to show that pursuant to the resolution dated 7-6-1999 the petitioners were given pay slips and were allowed to take festival advance. But they were not paid the salary at Rs.3,000/- each as per the resolution dated 7-6-1999. Ultimately, the Management had recalled their resolution dated 7...
Tag this Judgment!N.R. Sridhar Vs. Bangalore Development Authority and anr.
Court: Karnataka
Decided on: Aug-07-2001
Reported in: 2002(1)KarLJ524
ORDERThe Court 1. The admitted facts are that the BDA had originally allotted the land to the Legislators Housing Co-operative Society under Section 38-B of the Bangalore Development Authority Act, 1976 (for short 'the Act'), with a direction to allot to its members. Accordingly, the society formed a layout and allotted one site to G.P. Nanjayyana Math who in turn sold the same to Smt. B.S. Lakshmi Devi by registered sale deed dated 15-2-1996 as per Annexure-B and subsequently khata was changed to the name of Smt. B.S Lakshmi Devi as per Annexure-C. Thus Smt. B.S.Lakshmi Devi became the absolute owner of the property. Encumbrance certificate to that effect is produced as per Annexure-D. Lakshmi Devi died on 21-1-1999 and her death certificate is produced as per Annexure-E. The petitioner and her 3 daughters (i.e., the sisters of the petitioner) are the only legal heirs of Lakshmi Devi. The petitioner's sisters waived their right over this property as per the copy of the affidavit filed...
Tag this Judgment!Karnataka Gruha Nirmana Sahakara Sangha Limited Vs. Karithimmaiah and ...
Court: Karnataka
Decided on: Aug-07-2001
Reported in: 2002(1)KarLJ469
P.V. Reddi, C.J.1. These appeals are filed by a Housing Co-operative Society which was one of the respondents in the writ petitions decided by the learned Single Judge by a judgment dated 6-9-1996. The learned Judge quashed the notification issued under Section 4(1) of the Land Acquisition Act published on 1-12-1988 on the ground that the requirement of Section 3(f)(vi) of the Act has not been fulfilled. The learned Judge observed that the Counsel appearing for the Government did not produce any record to show that there was a scheme submitted by the appellant-Society and the same was approved by the Government.2. Relevant portion of Section 3(f) reads as follows: 'The expression 'public purpose' includes:(vi) the provision of land for carrying out any educational, housing, health or slum clearance scheme sponsored by Government or by any authority established by Government for carrying out any such scheme, or, with the prior approval of the appropriate Government, by a local authority...
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