Karnataka Court March 2002 Judgments
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H. Chandrakanth and anr. Vs. State of Karnataka
Court: Karnataka
Decided on: Mar-06-2002
Reported in: ILR2002KAR1785; 2002(4)KarLJ152
V.G. Sabhahit, J.1. This appeal by the accused in Sessions Case No. 12 of 1991 is directed against the judgment of conviction and sentence passed by Additional Sessions Judge, Chitradurga, dated 6-12-1995 wherein the accused-appellant have been found guilty of offence for having committed the offence punishable under Sections 450, 323 and 376 read with Section 34 of the IPC, and have been sentenced to undergo RI for one year and to pay fine of Rs. 1,000/- and in default to undergo further Rl for three months for the offence punishable under Section 450 read with Section 34, IPC, and to undergo SI for two months for the offence punishable under Section 323 read with Section 34 of the IPC and to undergo rigorous imprisonment for 2 years each and to pay fine of Rs. 2,000/- each and in default to undergo RI for six months.2. The facts of the case in brief leading upto this appeal are as follows:The accused herein stood charged before the learned Additional Sessions Judge, Chitradurga, on t...
Tulajappa and ors. Vs. Subhas and ors.
Court: Karnataka
Decided on: Mar-06-2002
Reported in: AIR2003Kant118; ILR2002KAR4231
V. Gopala Gowda, J. 1. This appeal is filed by defendants 1 and 11 questioning the correctness of the impugned judgment and decree dated 17-10-2000 passed by the learned Addl. Civil Judge Sr. Dn), Hubli, in R. A. No. 104/98 in confirming the judgment and decree dated 6-6-1998 passed in R. S. No. 800/92 by the learned Prl. Civil Judge Sr. Dn.), Hubli, urging various grounds in support of the (sic) consideration and answer the same by this Court. 2. For the sake of convenience, parties are referred to in this judgment as per their ranking assigned in the plaint presented before the trial Court. 3. This court at the time of admission of this appeal on 5-12-2000 has framed the following substantial questions of law for its consideration and answer the same :-- 'I) Whether the Courts below have erred in law in relying upon the judgment and decree in O. S. No. 61/71 dated 18-2-1974 (Ex. P8) when there was a finding which was binding to the effect that the said judgment and decree were withou...
K.Y. Kamath Vs. the Chairman and Managing Director, Syndicate Bank, Ma ...
Court: Karnataka
Decided on: Mar-05-2002
Reported in: ILR2002KAR1636; 2002(3)KarLJ467
ORDERH.L. Dattu, J. 1. An officer of the respondent-Syndicate Bank, aggrieved by the orders made by the revisional authority, Appellate Authority and the disciplinary authority dated 13-1-1998, 17-5-1996, and 28-9-1992 respectively, is before this Court. 2. Brief facts are: While he was working at Vrindavan Branch, Uttar Pradesh, petitioner was served with a charge memo dated 24-5-1989. In the charge memo, there were nearly 15 accusations against the petitioner. In the charge memo, it was alleged that petitioner has committed certain acts of omissions and commissions and those acts would amount to misconduct. The sum and substance of the charge memo as stated in the charge memo itself is as under: '1. Without authority and/or exceeding authority; 2. By contravening the rules, regulations and procedures laid down by the Bank in the matter of availing/sanctioning sundry advance, loans and advances; 3. By misrepresenting the facts; 4. Without obtaining proper securities more fully des...
General Secretary, Vokkaligara Sangha, Bangalore and anr. Vs. R. Chand ...
Court: Karnataka
Decided on: Mar-05-2002
Reported in: [2002(94)FLR818]; 2002(4)KarLJ129; (2002)IIILLJ399Kant
ORDERV. Gopala Gowda, J. 1. Petitioner is an Educational Society. First respondent was working with it as Professor. He tendered resignation and approached the 2nd respondent for payment of gratuity. By the impugned order at Annexure-B, dated 31-7-2000 the 2nd respondent ordered payment of gratuity to first respondent. Aggrieved by the same, the petitioners filed appeal before the Deputy Labour Commissioner. The Deputy Labour Commissioner upheld the order at Annexure-B and dismissed the appeal by the impugned order at Annexure-C, dated 3-3-2000. This writ petition is filed by the petitioners seeking to quash both the orders.2. The principal contention of the petitioners is that the Payment of Gratuity Act, 1972 is not applicable to their institution and hence they are not liable to pay the gratuity to first respondent. The contention is wholly untenable in law, in view of the notification at Annexure-A, dated 3-4-1997 issued by the Central Government. By that notification the Central G...
G.V. Ronad Vs. State of Karnataka and anr.
Court: Karnataka
Decided on: Mar-05-2002
Reported in: [2002(93)FLR767]; ILR2002KAR1514; 2002(4)KarLJ177
N.K. Jain, C.J.1. This writ appeal is filed against the order of the learned Single Judge dated 24-5-2000 in G.V. Ronad v State of Karnataka and Anr., 2000(6) Kar. L.J. 130, ILR2000 Kar. 2668, dismissing the writ petition.2. The necessary facts are that the appellant was selected as a Munsiff during the year 1987 and was working as Munsiff and Judicial Magistrate First Class at Kudligi, during the period 25-2-1991 to 15-9-1992. On some complaint, the appellant, on the basis of the preliminary report dated 29-10-1992 of the Registrar (Vigilance), was suspended on 23-4-1993. The articles of charges was issued to the appellant, framing as many as 8 charges. A detailed enquiry was conducted by the Additional District and Sessions Judge, Bellary and the appellant was found guilty of Charge Nos. 3 and 5, vide enquiry report dated 16-2-1995. A show-cause notice was issued on 22-4-1995 along with a copy of the enquiry report, which was replied by the appellant by a representation dated 15-5-19...
M. Anantha Mugeraya Vs. Karnataka Land Army Corporation, Bangalore and ...
Court: Karnataka
Decided on: Mar-05-2002
Reported in: ILR2002KAR3539; 2002(4)KarLJ309
ORDERH.L. Dattu, J. 1. Petitioner had joined the services of Karnataka Land Army Corporation ('Corporation' for short), as Assistant Task Force Commander some time in the year 1972. During the year 1983, he was promoted as Task Force Commander.2. Petitioner while working as Task Force Commander at Sirsi, by an official memorandum bearing No. EST.CR. 200/74-75, dated 11-11-1983 (Annexure-A), he was kept under suspension pending departmental enquiry for dereliction of duties and negligence of executive work on his part. Further, by the very same order, one Sri L.C. Srinivasan, Deputy Director (Accounts), Headquarters, Karnataka Land Army Corporation, Bangalore, was appointed as Enquiry Officer to conduct a detailed enquiry and to submit his report within two months. The aforesaid order came to be modified by a subsequent official memorandum in No. EST.CR. 200/74-75, dated 4-1-1984 and in place of Sri L.C. Srinivasan, Deputy Director (Accounts) Headquarters, Bangalore, one Sri K.C. Rangas...
Eiko Sales (Private) Limited and anr. Vs. the Presiding Officer, Debt ...
Court: Karnataka
Decided on: Mar-05-2002
Reported in: [2002]111CompCas648(Kar); ILR2002KAR2692
ORDERR. Gururajan, J.1. M/s. Eiko Sales (Pvt.) Ltd., and Sri Vijaykumar, are before this Court seeking for an order to quash the proceedings before the Debt Recovery Tribunal (for short the Tribunal) in O.A. No. 1012/95 in terms of Annexure B and for an appropriate direction for consideration of the applications filed by the petitioners before the Tribunal.2. The State Bank of Mysore (for short Bank) filed the suit in O.S. No. 4300/88 on the file of the City Civil Judge, Bangalore, against the petitioner and others for recovery of certain amounts alleged to have been due from them. The suit came to be transferred to the Tribunal in terms of Section 31 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short Act). After transfer the suit was numbered as O.A. No. 1012/95.3. The Bank stated in the plaint that 3 different types of credit facilities were made available to the petitioners. Several loan transactions were clubbed by the Bank in the suit. An applica...
State of Karnataka Vs. Chandrayya Hanumanthappa Mallappanavar and ors.
Court: Karnataka
Decided on: Mar-05-2002
Reported in: 2003CriLJ258
Saldhana, J. 1. The State of Karnataka has assailed the correctness of the decision rendered by the Second Addl. Sessions Judge, Dharwad, in Sessions Case No. 48/1993 through the present appeal. The six accused persons who were tried by the Court were alleged to have overpowered the complainant Kusummawwa, a 14 years old village girl who had gone to wash some clothes on the bank of river Wardha. The scene of offence is situated within Arlihalli village, within the limits of Savanur Police Station. The allegation is that taking advantage of the fact that girl was alone, that three of accused persons namely accused Nos. 1, 4 and 5 virtually attacked PW 1 and that before any one could come to her rescue, accused No. 1 had committed rape on her. She also states that she was resisting and screaming for help and that hearing her cries, her mother who is PW 3 rushed to that spot. The six accused, the three of whom are alleged to be actual participants and the remaining three are supposed to b...
Mallaraddi H. Itagi and ors. Vs. the High Court of Karnataka, Bangalor ...
Court: Karnataka
Decided on: Mar-01-2002
Reported in: ILR2002KAR2093; 2002(4)KarLJ76
ORDERP. Vishwanatha Shetty, J.1. Petitioners in this batch of nine writ petitions (in Writ Petition Nos. 47330 to 47338 of 2001) are either Assistant Public Prosecutors or Senior Assistant Public Prosecutors or Public Prosecutors who are in the services of the second respondent-State. The petitioners in the tenth writ petition (in Writ Petition No. 47339 of 2001) claims to be an Association of Law Officers formed by the Public Prosecutors and other Law Officers in the State of Karnataka.2. The petitioners in these petitions are aggrieved by the decision taken by the Committee constituted by the first respondent-High Court for the purpose of considering the case of the applicants for appointment to the post of District Judges, wherein the Committee has taken a decision that the Assistant Public Prosecutor/Senior Assistant Public Prosecutor/Public Prosecutor are not eligible to be considered for recruitment to the post of District Judges.3. Though these petitions are listed for orders, w...
Sanathkumar Bhimarao Chougule Vs. the Joint Director of Land Records, ...
Court: Karnataka
Decided on: Mar-01-2002
Reported in: 2002(4)KarLJ353
ORDERN.K. Patil, J.1. With the consent of the Counsels appearing for all the parties, the matter is taken up for final hearing.2. The petitioner has assailed the correctness of the impugned order dated 14-2-2000 bearing No. REV/SR/25/98-99(Ann-D) passed by the 1st respondent.3. The case of the petitioner is that the property bearing CTS No. 74/C and 74/D situated at Somwarpet, Tilakwadi, Belgaum, are the ancestral properties of the petitioner's family. The suit in O.S. No. 547 of 1988 for partition and separate possession was filed on the file of the Principal Civil Judge, Belgaum, which was decreed on the basis of the compromise petition filed by the parties on 8-11-1993. In pursuance of the said compromise decree the petitioner filed wardi to enter his name in the CTS records before the 3rd respondent, who by an order dated 10-3-1995 directed to enter the name of the petitioner as per the compromise decree. Assailing the said order passed by the 3rd respondent, 4th respondent filed a...
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