Karnataka Court June 2002 Judgments

Mrs. Camilla Mackay Vs. St. Sebastian's Conference of St. Vincent D'Pa ...

Court: Karnataka

Reported in: 2002(5)KarLJ197

ORDERM.F. Saldanha, J. 1. I have heard the petitioner's learned Advocate. He has raised a pure point of law in this civil revision petition and he is relying heavily on the decision of this Court in Ishmad Pasha and Ors. v. State of Karnataka and Ors., : ILR1998KAR1734 The plaintiffs claim to be a religious charitable institution and the petitioner who is the defendant before the Trial Court and is a tenant has disputed the status of the plaintiffs. The Trial Court has framed an issue for purposes of determining whether the plaintiffs come within the exempted status of Religious Charitable Institutions or not. The defendant had contended before the Trial Court that this issue regarding the special status of the plaintiffs is required to be decided by the Divisional Commissioner by virtue of the provisions of Section 2(7)(bb)(iii) and (iv) of the Rent Act for purposes of deciding the status issue, and that the issue must be referred to the Divisional Commissioner and the proceedings sta...

Pejavar Chitananda Rao and ors. Vs. Karnataka Electricity Board and an ...

Court: Karnataka

Reported in: ILR2004KAR627

ORDERGopala Gowda, J.1. Petitioners who are land-holders have filed these Revision Petitions questioning the correctness of the orders passed in Misc. Case Nos. 8,9 and 10/96 dated 10.3.2000 passed by the District Judge, Mangalore, in dismissing the petitioners. The petitioners have further prayed for setting aside the impugned orders and prayed to allow their claim by enhancing the compensation amount under Section 16(3) of the Indian Telegraph Act, 1885 (in short 'the Act of 1885), urging various legal contentions.3. Aggrieved of the award of compensation awarded by the erstwhile Karnataka Electricity Board now replaced by the Karnataka Power Transmission Corporation Ltd., (herein after in short called as 'Corporation'), petitioners land-holders filed petitions before the District Judge, Mangalore claiming enhanced compensation amount by way of damages under the provision of Section 10 of the Act against the respondents for having sustained diminition of the land value on account of ...

H.K. Rajanna Vs. H.B. Chikkaboraiah and anr.

Court: Karnataka

H.N. Narayan, J.1. This matter coming on for admission this day, the same is taken up for final disposal with the consent of both parties, heard and disposed of by this order.2. The delay of 70 days in filing this Revision Petition is condoned.3. In a suit for recovery of money, the Trial Court has allowed the application filed under Order 1 Rule 10 of CPC, by the 3rd party who made certain allegations that the parties to the suit in collusion are attempting to get a decree to defeat the claim of the impleading applicant. It is submitted before this Court that the impleading applicant has also filed a suit for recovery of certain amount from the defendants. Firstly, it is admitted that the Court below was not in a position to grant him any relief in the said suit and, therefore, the Trial Court could not have allowed the application to implead him as a necessary party.4. Learned Counsel for the respondents has relied on the judgment rendered by the Division Bench of this Court in the c...

Shivaji Rao Pandurang Ghatole and ors. Vs. State of Karnataka and ors.

Court: Karnataka

Reported in: ILR2002KAR3462; 2004(2)KarLJ14

1. These writ appeals are filed against the common order of the learned Single Judge dated 6-11-2001 passed in W.P. Nos. 26379 to 26384 of 2001 and connected matters, dismissing the writ petitions and rejecting the prayer to declare that the appellant-petitioners hold 'deemed licence' under Clause 4(8) of the licensing order.2. The necessary facts in brief as stated by the appellants-petitioners are that they are carrying on the business of running video game shops on the basis of licence granted from time to time or on deemed licence from last several years in the city of Bangalore. As the licences granted to the appellants were going to expire on 15-11-2001, they applied to the 2nd respondent in time for renewal of licence, under the Licensing and Controlling of Places of Public Amusements (Bangalore City) Order, 1989 (for short 'the Licensing Order'), for a period of five years on 12-4-2001 (vide Annexures-A1 to A8). In the applications, appellants-petitioners had mentioned the fact...

Nagappa Hanumanthappa Lamani Vs. Management of Sericulture Department, ...

Court: Karnataka

Reported in: [2002(94)FLR1183]; ILR2002KAR3573; 2002(4)KarLJ497

ORDERH. Rangavittalachar, J.1. The writ petitioner raised an industrial dispute before the Labour Court, Hubli contending that he was appointed in the respondent's office on daily wage basis on 8-11-1987 and he worked in that capacity till 31-5-1990 on which day his services were terminated without following the procedure under Section 25-F of the Industrial Disputes Act ('Act' for short), even though he had put in more than 240 days of continuous service prior to his termination.2. The respondent had filed its objection. Among other contentions raised, it was contended, a daily wager who was appointed for a specific period, or for specific project on temporary basis not against the sanctioned post will not come within the definition of the word 'workman', under the Act. Hence, he is not entitled for any relief.3. The learned Judge of the Labour Court, as a preliminary issue, without holding any enquiry, merely relying on the decision of the Supreme Court in Madhyamik Siksha Parishad, ...

State by Assistant Police Commissioner, Vijayanagar Sub-division Vs. S ...

Court: Karnataka

Reported in: 2002CriLJ3605; I(2003)DMC268; ILR2002KAR3469; 2002(5)KarLJ191

M.F. Saldanha, J.1. We have heard the learned Counsels on both sides on merits. This is undoubtedly another of the extremely distressing cases where a young wife has committed suicide and the usual allegation has followed, namely, that it was because of the cruelty inflicted by the husband and in-laws that she was driven to this step. The Trial Court has acquitted the accused and the State has assailed the correctness of that order.2. The learned Additional State Public Prosecutor has submitted that when a suicide takes place even after a reasonable period of the marriage has elapsed that a certain presumption must be drawn by the Court that there would be very valid reasons why the deceased would be driven to this position. In the present instance reliance is placed on the evidence of the sister, brother and mother, all of whom deposed to the effect that the deceased was being harassed by the husband and in-laws some time after the marriage and that on both occasions there were moneta...

V.S. Bembalgi Vs. Deputy Commissioner of Commercial Taxes and ors.

Court: Karnataka

Reported in: ILR2002KAR5103; [2002]128STC626(Kar)

ORDERR.V. Raveendran, J.1. The appellant is an assessee under the Karnataka Sales Tax Act, 1957 ('the Act', for short). The assessing authority (first respondent) passed an order of assessment dated September 26, 2000 for the assessment year April 1, 1997 to March 31, 1998 determining the total turnover and taxable turnover as Rs. 68,54,742.85 and Rs. 43,27,924.55 respectively. In the said order the assessing authority subjected the turnover of Rs. 2,38,239 relating to purchase of old gold articles purchased by the assessee from unregistered dealers, to purchase tax at 4 per cent, under Section 6 of the Act.2. In an appeal by the assessee, the second respondent by order dated January 11, 2001 held that since sale of mangalasutra was exempt from tax under the Fifth Schedule, the corresponding purchases were also exempt from tax under Section 6 of the Act and therefore deleted the levy of purchase tax on the said turnover of Rs. 2,38,239. The third respondent in exercise of suo motu revi...

State of Karnataka Vs. Parasappa Bhimappa Bisirotti and ors.

Court: Karnataka

Reported in: II(2003)DMC266

M.F. Saldanha, J.1. We have heard this appeal on the last two dates of hearing and after doing so, we were of the view that unfortunately, as far as the main charges are concerned, that the evidence led by the prosecution does not satisfy the requisite ingredients that are required to be established and that consequently, as regards the offences punishable Under Sections 498-A and 304B, I.P.C., that it would not be possible to upset the order of acquittal. We need to however observe that we are not at all satisfied with the manner in which the Judicial Officer presiding over the Trial Court has dealt with this case. It is high time that the Judicial Officers, particularly, at the level of Sessions Judges grasp the gravity of these offences and their social repercussions and stop taking these cases lightly. The same applies to the Prosecutor who conducted the proceeding who had done a wretched and unprofessional job.2. As far as the charge Under Section 6 of the Dowry Prohibition Act is...

Kashiram and anr. Vs. Karnataka State Road Transport Corporation (Now ...

Court: Karnataka

Reported in: ILR2003KAR3961

Raveendran, J . 1. These two appeals arise from the common order dated 25.7.2001 in W.P. No. 3994/2000 and 12100/2000. As the ranks of parties differ, we will refer to the appellant in W.A.No. 5762/2001 and respondent in W.A.No. 7376/2001 as the 'workman' or the 'driver'; and the respondent in W.A. No. 5762/2001 and appellant in W.A.No. 7376/2001 as the 'Corporation'. 2. The Corporation issued a charge memo dated 2.4.1990alleging that on account of the rash and negligent driving by the workman of bus bearing No. MEF 1788 on the Hyderabad Gulbarga Road on 10.3.1990, an accident occurred resulting in the death of a pedestrian. The workman filed detailed statement of objections dated 16.4.1990 denying the charge. An enquiry was held by an independent Enquiry Officer (a retired District Judge). The Traffic Inspector who visited the accident spot long after the accident was examined as M.W. 1 and M-1 to M-5 were marked. On the basis of the evidence, the Enquiry Officer submitted a Report da...

The Manager, Reserve Bank of India Vs. S. Mani and ors.

Court: Karnataka

Reported in: [2002(95)FLR273]; 2002(5)KarLJ30; (2002)IIILLJ792Kant

1. The Reserve Bank of India has preferred these writ appeals against the order of the learned Single Judge (Manager, Reserve Bank of India, Bangalore v. S. Mani and Ors., 2000(2) Kar. L.J. Sh. N. 362. The respondents were all employees of Bank working as Ticca Mazdoor in the Bank from some time in the year 1980. They did not according to the Bank turn up for work after 1983.3. It is common ground that the Bank lodged a criminal complaint against the respondents under Sections 471 and 420 of the IPC for producing alleged forged School Transfer Certificates. Two criminal cases were registered as Cri. Case Nos. 5517 and 5518 of 1984. The case after a prolong trial ended in an acquittal at the hands of the Additional Chief Metropolitan Magistrate, Bangalore by its judgment dated 24-9-1987. After the acquittal the respondents sought to resume work as Ticca Mazdoor. They were denied employment.4. Subsequently the matter went before the Industrial Tribunal. The Tribunal in Cri. Case Nos. 1 t...