Karnataka Court August 2002 Judgments

State Bank of India, Industrial Finance Branch Vs. the Commissioner of ...

Court: Karnataka

Reported in: 2003(3)KarLJ300

ORDERD.V. Shylendra Kumar, J.1. These two writ petitions are filed by the State Bank of India, a commercial banking company established under the State Bank of India Act, essentially under Article 227 of the Constitution of India being aggrieved by the orders passed by the Commissioner of Payments functioning under the Sick Textile Undertakings (Nationalisation) Act, 1974 (hereinafter referred to as 'the Act', for short) and the orders passed by the Court of City Civil Judge, Bangalore, functioning as an Appellate Authority within the meaning of Section 23(7) of the Act. 2. The writ petitioner-Bank is common in both the petitions, though these petitions arise out of two different claim petitions which had been presented before the Commissioner as a claim under Section 20 of the Act in respect of two different sick textile undertakings. The Commissioner having entertained the claim in part and having disallowed a part of the claim in each of the claim applications, the petitioner was in...

C.T. Ponnappa Alias Chuppi Vs. State by Circle Inspector of Police, Ma ...

Court: Karnataka

Reported in: ILR2002KAR4390; 2002(6)KarLJ436

H.N. Narayan, J. 1. This appeal is directed against the judgment of conviction and sentence recorded by the learned Sessions Judge, Kodagu, Madikeri, convicting the accused appellant for the offence under Section 302 of the IPC and Sections 3 and 7 read with Sections 30 and 25 of the Indian Arms Act and sentencing him to suffer imprisonment for life and also to undergo imprisonment for six months for the offence under Section 30 and three years for the offence under Section 25 of the Arms Act. According to the prosecution, the accused C.T. Ponnappa alias Chuppi murdered his elder brother Chengappa on the morning of 11-8-1996 at about 8.45 a.m. in the premises of his residence 'B. Kananakadu' at Badaga-Banangala Village within the jurisdiction of Sidhapur Police Station in Madikeri Taluk.2. The case of the prosecution in brief is as follows.--The accused and deceased are the two sons of P.W. 7-Dechamma. Deceased Chengappa was married to P.W. 12-Reshma about two years prior to his death....

Chamundeswari Build Tech. Pvt. Ltd., Represented by Its Managing Direc ...

Court: Karnataka

1. This appeal has been filed against the order dated 2.4.2002 passed in W.P. No. 2493/2001.2. The appellant had filed the writ petition for a direction to the Respondents not to take any coercive steps to evict and demolish any structures, situated in the appellant's project and to restrain the Respondents from illegally interfering with the possession and enjoyment of the appellant's project. The learned Single Judge after considering the matter in detail has dismissed the writ petition with costs of Rs. 10,000/- payable by the Petitioner/appellant and directed the State Government to take action against the Assistant Commissioner who had recommended the grant of land in favour of the Petitioner-Appellant.3. Heard the learned Counsel for the parties and perused the material on record.4. The Respondents are taking action to evict the Appellant from the land. The learned Single Judge on consideration has not interfered with the action taken by the Respondents, but in turn has directed ...

Ratan Chandra Sharma and anr. Vs. Kum. Sheetal Sharma and ors.

Court: Karnataka

Reported in: 2003CriLJ746; ILR2002KAR4149; 2002(5)KarLJ365

ORDERH.N. Narayan, J.1. This contempt petition is initiated by one Ratan Chandra Sharma and Prithvinath Sharma who are brothers and grandsons of late Smt. Dhanwati Devi Sharma against their senior uncle, wife and his children. 2. The dispute between the parties started somewhere in the year 1981 when the second accused filed a civil suit in O.S. No. 10357 of 1981 on the file of IV Additional City Civil Judge, Civil Station, Bangalore. That was the suit filed by the second accused against his mother Smt. Dhanwati Devi Sharma and his two brothers Ram Chandra Sharma (father of the complainants) and Ramesh Chandra Sharma for partition and separate possession of 'A' and 'B' schedule properties consisting of a shop premises and residential premises respectively. Smt. Dhanwati Devi Sharma expired on 31-3-1990 during the pendency of O.S. No. 10357 of 1981 filed by the second accused. During the pendency of that suit, she executed a registered Will dated 29-4-1982 bequeathing the suit schedule ...

Shiva Kumar T.A. Vs. Smt. Pushpa Rekha

Court: Karnataka

Reported in: I(2003)DMC119; ILR2002KAR4212; 2002(5)KarLJ393

ORDERH.L. Dattu, J.1. The relationship of the parties to this lis as husband and wife is not in dispute. Wife, respondent in this petition has filed a petition under Section 12(1)(a) of the Hindu Marriage Act, 1955 ('Act' for short), inter alia seeking the relief of declaration that their marriage solemnised on 8-12-1997 as null and void and for grant of permanent alimony of Rs. 30,00,000/- (Rupees Thirty Lakhs Only). During the pendency of the matrimonial case, the wife has also filed an application under Section 24 of the Act for grant of interim maintenance and litigation expenses. The husband, petitioner herein has filed his objection to the main petition requesting the Court to dismiss the petition with costs and pass a decree of nullity of the marriage as prayed for by the petitioner but not on the basis of the averments made in the petition relating to cruelty but on the basis of non-consummation of marriage without any entitlement to the petitioner regarding permanent alimony. ...

H.R. Hareesh Kumar Vs. the Chairman and Appellate Authority, Central S ...

Court: Karnataka

Reported in: 2002(5)KarLJ511

ORDERR. Gururajan, J.1. Petitioner, an ex-employee of Central Silk Board (for short, 'the Board') is before me challenging the order of dismissal and the subsequent confirmation of the same by the Appellate Authority in this petition.Petitioner has joined the services in the year 1990 as Senior Research Assistant. He was transferred to Central Tasar Research and Training Institute, Ranchi. He reported to duty on 24-4-1997. After working for three days, he applied for leave from 1-5-1997 to 24-7-1997 with an intention to shift his family from Mysore. Thereafter, he did not shift his family to Ranchi. He states that his aged father is a chronic asthma patient and he required medical attention. Petitioner also states that he himself has some health problems. He complains of severe backache. He sought for extension of leave. Leave was not granted. A show-cause notice dated 22-11-1998 came to be issued on account of his remaining absent without leave from 25-5-1997 to 22-11-1998. Proceeding...

Smt. Padmavathi and ors. Vs. C. Lakshminarayana

Court: Karnataka

Reported in: AIR2002Kant424; I(2003)DMC169; ILR2002KAR4804; 2003(3)KarLJ556

ORDERH.L. Dattu, J.1. This petition is directed against the orders made by the Family Court, Mysore, on I.A. No. IV in M. C. No. 364/ 1998 dated 31-1-2001, rejecting the wife's application for grant of interim maintenance and partly allowing the claim made for interim maintenance of the children.2. The relationship of the parties is not in dispute. First petitioner and petitioner Nos. 2 to 4 are the wife and children of the respondent, who is a practising Advocate with 25 years of rich experience in the profession. First petitioner's marriage took place some time in the year 1982 with the respondent and they lived together as wife and husband for nearly 18 long years. Now their relationship is strained, therefore, first petitioner has filed a petition under Section 9 of Hindu Marriage Act, 1955 ('Act' for short) before the Family Court at Mysore in M. C. No. 364/1998, inter alia seeking restitution of conjugal rights. After service of notice on the respondent, she has filed an applicat...

B. Krishnappa Vs. the Managing Director, Bangalore Metropolitan Transp ...

Court: Karnataka

Reported in: 2003(1)KarLJ351; (2003)IILLJ98Kant

G.C. Bharuka, J. 1. The question involved herein is whether the order of the learned Single Judge holding that the impugned award of the Labour Court interfering with the finding of the Disciplinary Authority on proof of misconduct, suffered from perversity and error of record?2. The appellant before us was working as a conductor with the respondent-Bangalore Metropolitan Transport Corporation (in short, the 'Corporation'). On 5-7-1992, the Bus No. 1054 on route Shivajinagar to Banaswadi (300/3) in which the appellant was on duty, was checked by the checking squad. The checking revealed that out of 28 passengers travelling in the bus, 19 passengers did not have any ticket with them. On enquiry from the passengers, it farther revealed that the appellant-conductor despite collection of fare at the rate of Rs. 1.25 each from 10passengers and at the rate of Rs. 1.75 each from 9 passengers did not issue tickets to them. It was also found that the appellant had failed to close the waybill de...

Basavaneppa Vs. State of Karnataka and ors.

Court: Karnataka

Reported in: ILR2003KAR2930; 2003(4)KarLJ109

ORDERR. Gururajan, J.1. The petitioner in this petition is challenging Annexure-A, Form 10 issued in favour of respondent 3 under the Karnataka Land Reforms Act and the rules framed thereunder.2. The facts are as under:The petitioner is the owner of lands in Sy. Nos. 208/2+3/A1 and 209/28 situated at Chabbi Village in Hubli Taluk, Dharwad District. The lands are cultivated by the petitioner's family right from the days of his forefathers. Till recently, the petitioner's father was cultivating the lands and thereafter, the petitioner's mother was managing the lands. However, the petitioner and his brother were helping his mother in the matter of cultivation of lands. The third respondent in collusion with the office of the 2nd respondent-Land Tribunal, Hubli, obtained Form 10 in respect of these lands in terms of Annexure-A. The petitioner was not aware of this order. Only in the year 1990, he came to know of this order when the respondent started interfering with the possession of the ...

Smt. Kamaladevi Vs. Shivakumarswamy

Court: Karnataka

Reported in: II(2002)DMC738; 2002(5)KarLJ553

1. This appeal arises out of a judgment and decree passed by the Additional Civil Judge at Hubli, whereby M.C. No. 32 of 1989 filed by the respondent-husband has been allowed and the marriage between the parties dissolved by a decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.2. The parties were married to each other according to Hindu rites in the year 1977. They lived together for a year and a half but have remained separated ever since. M.C. No. 32 of 1989 was filed by the respondent-husband seeking a decree for restitution of conjugal rights or in the alternative, a decree for divorce under Section 13 on the ground of cruelty and desertion. The respondent's case as set-out in the petition was that after having lived with him for an year and a half, the wife went away to her parental house at Karjagi never to return again. Efforts made to bring her back to resume cohabitation with him were alleged to have failed despite intervention of the elders. The petitio...