Karnataka Court September 2001 Judgments
M.K. Hegde Constructions Private Limited, Dharwad Vs. the Karnatak Uni ...
Court: Karnataka
Decided on: Sep-21-2001
Reported in: AIR2002Kant41; 2002(2)KarLJ581
ORDERR. Gururajan, J.1. The petitioner-M/s. M.K. Hegde Constructions Private Limited, is before this Court seeking for a mandamus to respondents 1 to 3 to consider the tender submitted by the petitioner and to evaluate the same along with other tenders.2. The facts are as under:The 3rd respondent, by a notification dated 24-11-2000 invited pre-qualification tender from first class contractors registered with Public Works Department (for short 'PWD'). The said tender was invited for construction of a Golden Jubilee Complex. The last date for submitting the filled up Tender was 26-2-2001. The petitioner applied for tender form from 3rd respondent. The said form was given to the petitioner. As per the tender form, every tenderer is required to submit EMD of Rs. 2,09,520/- in the form of DD of any Scheduled Bank or Bank Guarantee/National Savings Certificates.3. Clause 14 provides for acceptance of EMD only, in any of the form stated above. The petitioner submitted the filled up tender alo...
Tag this Judgment!N. Rajagopalan Vs. Juanki Ballabh and anr.
Court: Karnataka
Decided on: Sep-21-2001
Reported in: ILR2001KAR5062; 2002(1)KarLJ465
ORDERN.K. Jain, C.J.1. This contempt petition has been filed by the complainant for non-compliance with the order dated 30-3-2001 in Writ Petition Nos. 12960 to 12970 of 2001 and W.P. Nos. 12887 to 12903 of 2001 passed by this Court.2, It is stated that despite direction vide order dated 30-3-2001. that the Bank should have applied its mind and found out whether the Scheme can be made applicable to the applicants who have completed 30 years of service, and till such time the Bank should not permit them to retire and release the amount to ineligible persons. But, the Bank has passed two orders, one on 30-3-2001 and other on 31-3-2001, and thus committed contempt of Court, hence proper action should be taken with a further direction for not complying the interim order dated 30-3-2001.3. This contempt petition was filed on 16-4-2001. A show-cause notice was issued on 20-4-2001. In response to the notice, statement of objection was filed by the first respondent-Bank denying the allegation ...
Tag this Judgment!Samrat Ashok Exports Ltd. Vs. Asst. Provident Fund Commissioner and Re ...
Court: Karnataka
Decided on: Sep-21-2001
Reported in: AIR2002Kant61
ORDERR. Gururajan, J.1. M/s. Samrat Ashok Exports Ltd., is before this Court challenging the Auction proceedings dated 28-3-2001 at Annexure 'C' on the following facts.2. The petitioner M/s. Samrat Ashok Exports Ltd., is the owner of land bearing Sy. No. 70 measuring 1 acres 20 guntas situated at Jaranganahalli, Uttarahalli, Hobli, Bangalore South, Taluk in terms of Sale Deeds. M/s. Ashok Exports was taken over by M/s. Samrat Ashok Exports Ltd. An Enforcement Officer attached to the Employees . Provident Fund Office filed a complaint against the petitioner Company and its Directors in various complaints in the matter of offence punishable under Section 14AB of the Employees Provident Fund and Miscellaneous Provisions Act, 1952. The petitioner, according to the complaint is due to the extent of Rs. 95,44,940/- towards Provident Fund arrears. Cases are still pending. In the meanwhile, recovery proceedings were initiated and in terms of the Recovery Certificate, they sought to attach the ...
Tag this Judgment!State Bank of Travancore Vs. Recovery Officer, Employees Provident Fun ...
Court: Karnataka
Decided on: Sep-21-2001
Reported in: [2002(95)FLR318]; (2003)ILLJ88Kant
R. Gururajan, J. 1. Samrat Ashok Exports Ltd., is before this Court challenging the auction proceedings dated March 28, 2001, at Annexure 'C' on the following facts. 2. The petitioner Samrat Ashok Exports Ltd., is the owner of land bearing Survey No. 70 measuring 1 acre 20 guntas situated at Jaraganahalli, Uttarahalli Hobli, Bangalore South Taluk in terms of sale deeds. Ashok Exports was taken over by Samrat Ashok Exports Ltd. An Enforcement Officer attached to the Employees' Provident Fund office filed a complaint against the petitioner- company and its directors in various complaints in the matter of offence punishable under Section 14AB of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. The petitioner, according to the complaint is due to the extent of Rs. 95,44,940 towards provident fund arrears. Cases are still pending. In the meanwhile, recovery proceedings were initiated and in terms of the recovery certificate, they sought to attach the land bearing Surve...
Tag this Judgment!Cauvery Achayya and ors. Vs. Shri Syed Mukthar
Court: Karnataka
Decided on: Sep-21-2001
Reported in: 2001CriLJ4532
ORDER1. In these petitions filed under Section 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as 'the Act'), the complainants have prayed for an order punishing the first respondent for willfully disobeying the order dated 25th March 1998 made in R.F.A. No. 830/1997 by this Court and also for violating the undertaking given by means of an affidavit undertaking to vacate the premises bearing present No. 39, Old No. 323/32, 9th Cross, Wilson Garden Extension, Corporation Division No. 36, Bangalore-27 (hereinafter referred to as the 'schedule premises').2. The facts in brief, which may be relevant for the disposal of this petition, may be stated as hereunder :(a) The parties, in the course of this order, will be referred to as 'the complainants' and the 'respondent'.(b) The complainants in these petitions are the children and legal heirs of one late K.K. Achayya. The respondent filed suit O.S. No. 2243/1981, against the said Achayya, on the file of the Court of City Civil...
Tag this Judgment!State of Karnataka Vs. Siddappa Satyappa Jagadal
Court: Karnataka
Decided on: Sep-21-2001
Reported in: 2002CriLJ314
M.F. Saldanha, J. 1. The State of Karnataka has assaulted the correctness of the judgment and order passed by the learned IV Additional Sessions Judge, Bijapur, in Sessions Case No. 115 /1998. The prosecution had alleged that the accused who is the husband had assaulted the deceased wife Muttawwa in front of his hut on 24-3-1998 at about 5 PM with a sickle and stone. The assault was one of considerable seriousness and as a result of the same, Muttawwa died on the spot. The incident in question was witnessed by PWs. 1 and 2. P. W. 1 Mahadeva is the son and P.W. 2. Rukmavva is the daughter who at the relevant time was aged about 15 years. The apparent reason for the assault was because the accused suspected the fidelity of the wife and he was harboring the suspicion that Muttawwa was carrying on a love affair with one Ningappa Appanna Jagadal who is P.W. 9. The assault on Muttawwa was rather savage in so far as the postmortem notes indicate that the accused had not only assaulted her but...
Tag this Judgment!Union of India (Uoi) and anr. Vs. State of Karnataka and anr.
Court: Karnataka
Decided on: Sep-21-2001
Reported in: [2002]126STC501(Kar)
ORDERR.V. Raveendran, J. 1. The Union of India, owning and administering the Southern Railway, and the Divisional Railway Manager of Bangalore Division of Southern Railway, are the petitioners ; and the State of Karnataka and the Assistant Commissioner of Commercial Taxes, XIII Circle, Bangalore, are the respondents in this petition.2. The second respondent issued a notice dated January 19, 1999 (annexure B) to second petitioner under Section 5 of the Karnataka Tax on Entry of Goods Act, 1979, ('the Act', for short). The notice stated that Southern Railway is causing the entry of HSD (High Speed Diesel) from outside Karnataka into Bangalore city local area ; that petitioners should therefore file monthly statements indicating the quantity and value of HSD, entering the Bangalore city local area and also pay tax on such value of goods at the notified rate of 2 per cent and that as petitioners failed to do so, it was proposed to levy entry tax on HSD caused to be entered by the Southern ...
Tag this Judgment!S. Vasupalaiah Vs. the Vysya Bank, Kodagenahalli Branch
Court: Karnataka
Decided on: Sep-19-2001
Reported in: [2002]112CompCas394(Kar); ILR2001KAR5015; 2002(1)KarLJ296
ORDERThe Court1. The petitioner-plaintiff has preferred this revision petition against the judgment and decree dated 31-10-1998 passed in S.C. No. 22 of 1993 by the learned Principal Civil Judge (Junior Division), Madhugiri, dismissing the suit for recovery of a sum of Rs. 2,208.16.2. The facts in brief are as hereunder.--One Ramakrishna availed a loan of Rs. 4,000.00 in 1983 from the defendant-bank. The plaintiff stood as a surety for the aforesaid loan. The plaintiff had purchased a Janatha Cash Certificate on 3-9-1985 which was due for encashment on 3-3-1992 and the amount payable on maturity was Rs. 1,852.41. When the principal debtor Ramakrishna did not repay the loan the plaintiff was informed of the same and he was called upon to get the loan repaid by Ramakrishna and it was made clear to him that the amounts due in the Janatha Cash Certificate would be paid to him. Thereafter, when the plaintiff demanded the payment due under the said Certificate he was given an endorsement to ...
Tag this Judgment!Keshavamurthy Vs. State by Arsikere Rural Police, Bangalore
Court: Karnataka
Decided on: Sep-19-2001
Reported in: 2002CriLJ103; ILR2001KAR5657; 2002(1)KarLJ532
ORDERThe Court 1. On 16-7-1996 at about 1.00 a.m., Ambassador car KA-04/7515, proceeding from Bangalore towards Shimoga, being driven by the petitioner-accused, hit a roadside tree near Kerekodi Halli Village, resulting in the death of two persons travelling in the car, in addition to causing hurt to one another occupant and grievous hurt to another occupant of the car. In that regard, the petitioner came to be prosecuted at C.C. No. 651 of 1996, on the file of the learned Judicial Magistrate First Class, Arsikere, for offences punishable under Sections 279, 337, 338 and 304-A of the Indian Penal Code. In course of trial, one of the injured was examined as P.W. 1, two witnesses to the scene of offence mahazar were examined as P.Ws. 2 and 3 and Investigating Officer was examined as P.W. 4, with the post-mortem report, inquest report, wound certificates, IMV report, spot mahazar, another post-mortem report, rough sketch and complaint, having been got marked as Exs. P. 1 to P. 10. On appr...
Tag this Judgment!Catholic Board of Education, Mangalore Vs. theresa D'Souza
Court: Karnataka
Decided on: Sep-18-2001
Reported in: 2002(1)KarLJ210
The Court1. The facts which are not in dispute are that the respondent was appointed as additional teacher at St. Mary's English Medium School (Primary Section), Udupi, which is an unaided school and run by religious and linguistic minority. The appointment order dated 31-5-1996 specifically provided that the respondent was on probation for a period of one year from the date of appointment and that the said term could be extended for a further period of one year. However, before the expiry of the probation period of one year, by an order dated 9-5-1997 the service of the respondent was terminated. The said order was challenged by the respondent under Section 94 of the Karnataka Education Act, 1983, before the II Additional District Judge and Educational Appellate Tribunal, Dakshina Kannada, Mangalore. The only contention of the respondent before the EAT was that the termination order was issued without assigning any reasons and without following the statutory rules and the principles o...
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