Karnataka Court November 2002 Judgments

Baptist D'Almeda (Deceased) by L.Rs and Anr. Vs. Parameshwara and Ors. ...

Court: Karnataka

Reported in: ILR2002KAR5313; 2003(2)KarLJ200

ORDER1. An extent of 10 cents of land in Sy. No. 120/39 of Jeppinamogaru Village of Mangalore Taluk was granted to one Koje alias Kochi d/o. Kavura under the depressed classes darkhast, in D.D.R. No. 3/1335, dated 31-7-1925. The said Koje sold the said land in favour of one Seethu Hengsu under the registered sale deed dated 5-11-1956. The said sale deed describes that both the vendor and the purchaser as belonging to Harijan caste. The said Seethu Hengsu in turn sold the said land in favour of the petitioners under registered sale deed dated 1-8-1968. Ever since then the petitioners have been in possession and enjoyment of the said land, as owners. It is stated that Jeppinamogaru Village now falls within the city limits of Mangalore.2. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ('PTCL Act' for short), came into force on 1-1-1979.2.1 Section 4 of the PTCL Act prohibits the transfer of granted lands. Sub-section (1) of Section...

U. Ratnakar Rao Vs. Union of India (Uoi) and ors.

Court: Karnataka

Reported in: [2003(97)FLR462]; 2003(2)KarLJ192; (2003)IILLJ336Kant

ORDERP. Vishwanatha Shetty, J. 1. In this petition the petitioner has sought for a direction to the respondents to calculate the amount of gratuity admissible under the Pension Rules in accordance with the provisions of the Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as 'the Pension Rules'), by traveling into consideration that the maximum amount admissible under the Pension Rules would be Rs. 2,50,000/- and sanction him the gratuity amount of Rs. 2,14,731/- with interest, after giving deductions to the payment already made, along with interest at 18% per annum from 1st July, 1997 till the date of payment. 2. Few facts, which are not in serious dispute and are relevant for the disposal of this petition, may be stated as hereunder.-The petitioner had retired as Superintending Engineer (Mechanical) in the services of the 2nd respondent-New Mangalore Port Trust (hereinafter referred to as 'the Port Trust') on 30th June, 1997. The 2nd respondent-Port Trust settled...

K.L.E. Society and anr. Vs. Rajiv Gandhi University of Health Sciences ...

Court: Karnataka

Reported in: 2003(2)KarLJ480

ORDERN. Kumar, J.1. The first petitioner is a premier educational society in the State of Karnataka which is running the second petitioner-college. The second petitioner-college was started in the year 1990 imparting B.Sc. Nursing course. The petitioners approached the Karnatak University seeking permission to start M.Sc. in Medical Surgical Nursing and Community Health Nursing with an intake capacity of 4 seats in each discipline. The Karnatak University recommended to the Government for granting permission to start the aforesaid courses by its letter dated 30-5-1996. However, from 1-6-1996 the Rajiv Gandhi University of Health Sciences Act, 1994 came into force establishing the first respondent-University. The Government granted permission to the petitioner to start the aforesaid courses by its order dated 9th March, 1998. However, the permission was confined to only two seats in the aforesaid courses from the academic year 1998-99. The first respondent-University accorded continuati...

Ayesha Begum Vs. Shahzadi

Court: Karnataka

Reported in: ILR2003KAR4255

ORDERSrinivasa Reddy, J.1. This revision is filed against the concurrent findings of the Courts-below rejecting the petition filed under Section 21(1)(a) of the Karnataka Rent Control Act, 1961 ('the Old Act' for short) on the ground that there is no relationship of landlord and tenant between the parties.2. The petitioner-landlord filed the eviction petition alleging that a plot measuring 55' east-west and 225' north-south along with some other properties fell to her share and she was put in possession of the same. The petitioner put forth a case that the respondent-tenant is staying on a portion measuring 20' north south and 20' east west in the plot which fell to her share in the partition. Claiming that the respondent failed to pay the rents the petitioner filed the petition for eviction of the tenant under Section 21(1)(a) of the Old Act. The Courts-below dismissed the petition filed by the petitioner holding that there was no relationship of landlord and tenant between the partie...

H.S. Gangadhar Vs. the University of Agricultural Sciences, Rep. by It ...

Court: Karnataka

ORDERKumar, J.1. The petitioner has called in question in this Writ Petition the appointment orders issued to 4th, 5th and 10th respondents to the post of Assistant Professor in Soil Science and Agricultural Chemistry in the first respondent - University.2. The first respondent - University issued a notification dated 30.6.1994 as per Annexure-C inviting applications for filling up of 9 posts (back log 3 and current 6) of Assistant Professor of Soil Science and Agricultural Chemistry. However, before processing the above notification the Government by its order dated 20.6.1995 made provision to apply for revised roaster to the unfilled post treating them as fresh vacant post. As such the University issued a fresh notification dated 14,8.1995 inviting applications to the nine posts of Assistant Professors in Soil Science and Agricultural Chemistry. Out of the current 6 posts 3 posts were available to general category. In pursuance of these notifications the petitioner, respondents and o...