Karnataka Court January 2002 Judgments

Smt. Devika V. Patil Vs. the Director, Department of Mines and Geology ...

Court: Karnataka

Reported in: 2002(2)KarLJ366

ORDERChandrashekaraiah, J.1. In this petition, the petitioner has sought for quashing of Annexure-P and for a direction to the respondent not to proceed with the recovery of a sum of Rs. 41,5717- as per Annexure-L.2. The facts in this case are as follows:The petitioner has taken the land measuring 7 acres 35 guntas in Sy. No. 120/3 of Budappanahalli Village, Byadgi Taluk of Haveri District, on lease in a public auction. The lease deed was executed by the State Government somewhere in the year 1996 for a period of 5 years, in the first instance. Thereafter, the lease was renewed from year to year. During the subsistence of this lease, the petitioner was directed to pay a sum of Rs. 41,571/- as dead rent. Under the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as the 'Act'), this was questioned by the petitioner by way of preferring a revision petition in No. 19 of 2001 before the Director of Mines and Geology. The learned Director dismissed the revis...

State by Maddur Police, Mandya District Vs. Moorthy Alias Pungi

Court: Karnataka

Reported in: 2002CriLJ1683; II(2002)DMC309; 2002(3)KarLJ351

1. This appeal raises a slightly unusual facet of criminal law, viz., the question as to whether a husband who wantonly disregards his basic duty of providing the elementary essentials to the wife and infant child and thereby pushes them to suicide can be held liable for the act of cruelty punishable under Section 498-A of the IPC. There is an allied question under the provisions of the Dowry Prohibition Act which again raises the subtle question as to whether a conviction would be maintainable under Section 3 of the Act wherein the receipt of the dowry amount simpliciter is established without the prosecution having conclusively established the acts of demand and giving of the dowry. We need to record at this stage that the learned State Public Prosecutor had addressed his arguments in support of the appeal and that the respondent-accused though represented by two learned Advocates, found himself stranded before the Court because neither of the two Advocates has appeared on any of the...

Smt. Uma M.G. Alias Uma V. Shivapur Vs. the High Court of Karnataka an ...

Court: Karnataka

Reported in: ILR2002KAR1251; 2002(3)KarLJ420

ORDERR. Gururajan, J.1. An unsuccessful aspirant for the post of District Judge is complaining about an endorsement dated 18-12-2001, Annexure-F in this petition. She is also seeking a declaration that the method adopted by the High Court in disqualifying her for the interview on the basis of minimum prescribed marks for passing in the written test is bad in law. She wants a direction to permit her to appear for viva voce test. The facts are as under:2. The petitioner, a practising Advocate at- Gadag bar has completed 7 years of service. She is having rich experience as a member of the Bar at Gadag. The High Court has promulgated the Karnataka District Judges Recruitment Rules, 1962 (for short 'the Rules') for the purpose of recruitment for District and Sessions Judges in the Karnataka State Judiciary. New Rules came into force in terms of Karnataka Judicial Services (Recruitment) Rules, 1983, Annexure-B. The 1983 Rules provide two methods of recruitment. One by direct recruitment and ...

Employees' State Insurance Corporation, Bangalore Vs. Lamina Suspensio ...

Court: Karnataka

Reported in: [2002(93)FLR381]; ILR2002KAR1220; 2002(2)KarLJ123

N.S. Veerabhadraiah, J.1. The present appeal is by the ESI Corporation questioning the order passed in ESI Application No. 5 of 1984 by the Employees' Insurance Court, Mangalore, dated 30-4-1988 which allowed the application holding that the payment made was under the Production Incentive Scheme and directing the ESI Corporation to refund Rs. 13,098.90.2. The brief facts are as follows:The ESI Corporation by its letter dated 15-10-1982 demanded M/s. Lamina Suspension Products Private Limited to pay contribution of Rs. 20,891.39 for the period May 1981 to July 1982 towards the production allowance. In pursuance of the demand, the respondent-company deposited an amount of Rs. 13,098.90 on 28-12-1982 and intimated the ESI Corporation by their letter dated 3-1-1983. The respondent-company made representation by their letter dated 2-4-1984, disputing the payment of contribution on the ground that production incentive is not wages as defined under Section 2(22) of the ESI Act. In spite of th...

Y.V. Srinivasa Rao and anr. Vs. Eranaika and ors.

Court: Karnataka

Reported in: ILR2002KAR1687; 2002(2)KarLJ236

ORDERS.R. Bannurmath, J. 1. Heard the learned Counsel for the petitioner and Counsel for contesting respondents 6, 7, 8(a) and 10(b) though the other contesting respondents 1, 2(a) and 2(b), 3 to 5, 9, 10(a), 10(d) and 10(e) are served long back and have remained unrepresented.2. The petitioner in this petition has challenged the order of the Land Tribunal, Yelandur Taluk, dated 19-2-1989 granting occupancy rights to the contesting respondents 1 to 10 herein. It is not in dispute that the present petitioner-Sri Sridhar and the deceased petitioner Srinivasa Rao who is the father of Sridhar were the landlords of the lands in dispute and it is also not in dispute that these lands have been leased to respondents 1 to 10 almost 30 to 40 years back.3. After coming into force the Karnataka Land Reforms Act as amended by Karnataka Act 1 of 1974 these respondents have filed an application in Form 7 praying for grant of occupancy rights in respect of these lands leased to them. On issuance of no...

State by Bhalki Rural Police Station, Bidar District Vs. Vaijinath and ...

Court: Karnataka

1. An incident of some seriousness took place around midnight on 30-11-1992 at Kardiyal Village when it is alleged that accused 1 to 5 along with absconding accused Veershetty are alleged to have formed an unlawful assembly and assaulted deceased Prabhu as a result of which he lost his life. It was also alleged that Prabhu was tied up when he was sleeping on the katta of the post office and taken to the road, thrown on the ground and further assaulted. Prabhu died on the spot and the six accused persons came to be arrested and charge-sheeted for the offences punishable under Section 302 read with Sections 148 and 149 of the IPC and Section 342 read with Section 149 of the IPC. The learned Trial Judge after a very detailed analysis of the evidence recorded a finding that the prosecution has failed to establish the charges beyond reasonable doubt and therefore acquitted the accused. The charge-sheet filedagainst absconding accused 6 was separated. The State of Karnataka has assailed the ...

State by Circle Police Inspector, Ranebennur Vs. Basavaraj and anr.

Court: Karnataka

Reported in: I(2002)DMC648; 2002(2)KarLJ20

1. This appeal assails the correctness of the order of acquittal recorded by the learned 3rd Additional Sessions Judge, Dharwad in Sessions Case No. 110 of 1993. The complaint of the wife pursuant to which the husband and his mother had been charge-sheeted for offences punishable under Sections 498-A and 302 read with Section 34 of the IPC. Unlike in the matter of wife burning while the allegation is essentially of the demand for property, dowry, money etc., this case is slightly different insofar as the admitted position is that the accused husband who was living in Room No. 4 of the temple along with the deceased wife Usha is alleged to have been doing some business of selling brandy and the deceased wife had objected to this activity being carried on by him as a result of which there used to be serious disputes and quarrels. There is some suggestion from the wife's family members that because of the objection raised by the deceased that she was being badly treated by the husband and...

S. Purushotham Vs. Rev William Mossess and ors.

Court: Karnataka

Reported in: ILR2002KAR976; 2002(2)KarLJ220

ORDERM.P. Chinnappa, J.1. Heard Sri Jayakumar S. Patil, the learned Counsel for the petitioner; Sri G.R. Gurumath for respondent 4; Sri M.V. Sheshachala for respondent 5; Sri K. Krishnaswamy for respondent 6 and Sri Padmanabha Mahale, Senior Counsel for Sri M.J. Yogendra Vikram, Advocate for respondent 7.2. After hearing the arguments and also on perusal of the impugned order, the only question that arises for consideration is as to whether the order passed by the lower Appellate Court rejecting I.A. No. III filed under Order 39, Rules 1 and 2 of the CPC for temporary injunction calls for interference.3. The brief facts of the case which are necessary for the disposal of the case which are not in dispute are that the petitioner herein filed O.S. No. 16 of 1999 on the file of the Vacation Judge which was subsequently renumbered as 252 of 1999 on the file of the Civil Judge (Junior Division), Bellary, for permanent injunction restraining the respondents from discharging the duties of Bis...

State by Cpi, Gadag Rural Police Station Vs. Shivaputrappa

Court: Karnataka

Reported in: 2002CriLJ1686; ILR2002KAR881; 2002(2)KarLJ339

M.F. Saldanha, J.1. The State of Karnataka has assailed the order of acquittal recorded in favour of the respondent-accused Shivaputrappa by the learned Additional Sessions Judge, Dharwar, in S.C. No. 69 of 1994 on 7-3-1995. The prosecution had alleged that at about 10.30 a.m. on 8-2-1994 when the deceased-Devakka was walking past the fields, that the accused had caught hold of her and dragged her into the midst of the standing jowar crop. He is alleged to have attempted to overpower Devakka and to rape her. The prosecution alleges that Devakka resisted the assault and that the accused in the course of trying to rape her, particularly because she was screaming, tried to silence her by tying the sari around her neck and tightening it and that in the process he killed Devakka. He was charged with having committed the offence punishable under Section 376 read with Sections 511 and 302 and 506. Part II of the IPC. The Trial Court after a detailed analysis of the evidence recorded the findi...

Shree Shanthi Homes Private Limited, Bangalore and ors. Vs. Cref Finan ...

Court: Karnataka

Reported in: AIR2002Kant252; ILR2002KAR717; 2002(3)KarLJ265

ORDERM.P. Chinnappa, J. 1. Heard Sri K. Suman for Sri C.V. Nagesh, the learned Counsel for the petitioners and Sri G.L. Vishwanath, the learned Counsel for the respondent.2. The brief facts leading to this petition are that the respondent filed a suit in Original Suit No. 15045 of 2001 on the file of the 26th Additional City Civil Judge, Mayo Hall, Bangalore, for recovering the suit amount from the petitioners herein. When the suit was pending, the petitioners filed Interim Appeal No. III under Section 20 of the Civil Procedure Code to dismiss the suit in limine or to return the plaint for proper presentation before the appropriate Court on the ground that that Court had no territorial jurisdiction to try the suit. After hearing both the parties, the Court has rejected Interim Appeal No. III vide order dated 11-10-2001. As against that order, the defendants/petitioners herein have preferred this petition.3. The learned Counsel for the petitioners vehemently argued that in view of the a...