Karnataka Court August 2002 Judgments

Bharat Electronics Limited and anr. Vs. G. Yeruswamy

Court: Karnataka

Reported in: [2002(95)FLR1158]; ILR2002KAR5321; 2002(6)KarLJ79; (2003)ILLJ658Kant

1. The Management, appellant being aggrieved by the order of the learned Single Judge passed in W.P. No. 12408 of 1996, dated 27-1-1999 has preferred this writ appeal.2. The brief facts of the case are as follows.--The respondent was working as Deputy Manager, Production Control, Naval Division under the appellant-company. He was charge-sheeted by a charge-sheet dated 21-10-1994 for certain acts of misconduct of drawing unauthorisedly certain silver materials for Naval equipment division where there was no requirement of silver parts and he also failed to store them safely in appropriate stores and he failed to produce them when asked by his superiors and other charges as mentioned in the charge-sheet.3. The respondent submitted his explanation to the charge-sheet. The explanation was not satisfactory and the Management, appellant decided to hold an enquiry in the matter. An Enquiry Officer was appointed. The Enquiry Officer held the enquiry in accordance with law and in accordance wit...

Mrs. Mangalabai Vs. the Sangli Bank Limited and ors.

Court: Karnataka

Reported in: AIR2003Kant76; [2003]115CompCas764(Kar); ILR2002KAR4601; 2002(6)KarLJ362

ORDERH. Rangavittalachar, J. 1. The 6th defendant to the suit O.S. No. 182 of 1986 has filed this writ petition under Articles 226 and 227 of the Constitution of India, challenging the order of the Additional Civil Judge, Bijapur passed on I.A. No. 21. 2. Briefly stated, the facts are as under.--The Sangli Bank, respondent 1 herein has filed a suit in O.S. No. 182 of 1986 against the respondents 2 to 6 herein and also the petitioner for recovery of Rs. 18,05,562.88. The suit came to be decreed by judgment and decree dated 31st January, 1995 against the respondents herein. So far as the petitioner is concerned, the same came to be dismissed. After the judgment and decree was pronounced, the Bank made an application, I.A. No. 21 under Section 151 of the Code of Civil Procedure for recalling the entire proceedings subsequent to 30-11-1994 including the judgment and decree in view of the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 ('Act', for short...

Smt. Prema Vs. Nanje Gowda and ors.

Court: Karnataka

Reported in: AIR2003Kant104

ORDERV. Gopala Gowda, J. 1. This Civil Revision Petition is filed by defendant No. 6 aggrieved of the order passed by the Civil Judge, Sr. Dn. and JMFC, Pandavapura (in short called as the 'trial Court') on I. A. No. V in FDP No. 5/ 1999 dated 10-7-2000 and for setting aside the same. 2. The brief facts are narrated in thisorder to appreciate the rival contentions urged by the parties to find out as to whether the impugned order passed by the trial Court suffers from error in law, which warrants interference by this Court in O. S. No. 425/ 1989 filed by the plaintiff for partition and separate possession of the suit schedule properties. On the basis of the respective claim and the counter claim of the parties, the trial Court determined the rights of the parties which existed as on the date and passed preliminary decree in terms of Section 2(2) r/w Order 20 Rule 18 Sub-rule (2) of the Code of Civil Procedure. Against the said preliminary decree, the defendants filed R. A. No. 69/1992 u...

The Special Land Acquisition Officer, Upper Krishna Project Vs. Balapp ...

Court: Karnataka

Reported in: ILR2002KAR3880; 2003(2)KarLJ390

Tirath S. Thakur, J.1. All these appeals arise out of a common order made by the Additional Civil Judge (Senior Division), Jamkhandi whereby L.A.C. Nos. 3 to 12 of 2000 have been partly allowed and compensation payable to the respondents-landowners enhanced to Rs. 1,16,000/- per acre as against Rs. 17,400/- per acre for dry lands and Rs. 26,100/- per acre for wetlands awarded by the Land Acquisition Officer.2. A large extent of land situated in different survey numbers of Takkalaki Village in Bilagi Taluk was notified for acquisition under Section 4 of the Land Acquisition Act in connection with the construction of the Almatti reservoir. This included an area measuring around twenty acres notified in March 1996 which was meant to submerge in the backwaters of the reservoir. The Land Acquisition Officer made an award by which he determined Rs. 17,400/- per acre as compensation for dry lands and Rs. 26,100/- per acre for wetlands. This assessment was based on sale statistics which did no...

B. Krishna Bhat Vs. State of Karnataka and ors.

Court: Karnataka

Reported in: 2001(4)KarLJ289

ORDER1. This writ petition has been filed as a public interest litigation. The main prayer made herein is that the respondents should be directed to take steps for setting up of slaughterhouses/abattoirs in the outskirts of residential areas so as to minimise the hardship to the animals brought to slaughterhouses as well as to ensure that no pollution or nuisance is created in the city area.2. The grievance raised in the writ petition is that the second and third respondents being the Bangalore City Corporation ('the Corporation' for short) and its health officer, though are under statutory duty to improve the conditions generally and are also specifically required under the provisions of the Karnataka Municipal Corporations Act, 1976 ('the Act' for short) to ensure hygienic supply of meat and other such items, have utterly failed in discharging this duty.3. The Commissioner of the Corporation has come on record with his personal affidavit dated 16-7-2002 at paragraph 6 whereof, he has...

Vyshali Mahila Samaj, by Its President Vs. State of Karnataka, by Secr ...

Court: Karnataka

Reported in: ILR2004KAR2297

ORDER 47 RULE 1--CONSTITUTION OF INDIA -- ARTICLES 226 AND 227 -- Certain points not urged in Writ Petition - The Court not noticing certain provisions of the Karnataka Urban Development Authority Act and Rules - HELD - Such non noticing of the provisions of the Act and Rules is a ground for review of the impugned order.Review petition allowed....

Mrs. Mangalabai Vs. the Sangli Bank Ltd. and ors.

Court: Karnataka

ORDERH. Rangavittalachar, J.1. The 6th defendant to the suit O.S. No. 182/1986 has filed this writ petition under Articles 226 and 227 of the Constitution of India, challenging the order of the Additional Civil Judge, Bijapur passed on LA. No. 21.2. Briefly staled, the facts are as under:The Sangli Bank-respondent No. 1 herein has filed a suit in O.S. No. 182/1986 against the respondents 2 to 6 herein and also the petitioner for recovery of Rs. 18,05,562.88. The suit came to be decreed by judgment and decree dated 31st January, 1995 against the respondents herein. So far as the petitioner is concerned, the same came to be dismissed. After the judgment and decree was pronounced, the Bank made an application I. A. No. 21 under Section 151 of the Code of Civil Procedure for recalling the entire proceedings subsequent to 30.11.1994 including the judgment and decree in view of the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 ('Act', for short). This ...

Prema Vs Nanje Gowda and ors

Court: Karnataka

Reported in: AIR2003Kant104

ORDER V. Gopala Gowda, J. 1. This Civil Revision Petition is filed by defendant No. 6 aggrieved of the order passed by the Civil Judge, Sr. Dn. and JMFC, Pandavapura (in short called as the 'trial Court') on I. A. No. V in FDP No. 5/ 1999 dated 10-7-2000 and for setting aside the same. 2. The brief facts are narrated in thisorder to appreciate the rival contentions urged by the parties to find out as to whether the impugned order passed by the trial Court suffers from error in law, which warrants interference by this Court in O. S. No. 425/ 1989 filed by the plaintiff for partition and separate possession of the suit schedule properties. On the basis of the respective claim and the counter claim of the parties, the trial Court determined the rights of the parties which existed as on the date and passed preliminary decree in terms of Section 2(2) r/w Order 20 Rule 18 Sub-rule (2) of the Code of Civil Procedure. Against the said preliminary decree, the defendants filed R. A. No. 69/19...

R. Jyothi Vs. the General Manager, Dena Bank and ors.

Court: Karnataka

Reported in: [2003(96)FLR325]; ILR2002KAR4585; 2002(6)KarLJ152; (2003)ILLJ971Kant

ORDERP. Vishwanatha Shetty, J.1. The petitioner in this petition is a widow. Her husband Sri G.S. Ramesh was working as a Computer Operator in the 1st respondent-Dena Bank (hereinafter referred to as 'the Bank'). The respondent-Bank introduced the scheme known as 'Dena Bank Voluntary Retirement Scheme-2000'. The said scheme came into operation with effect from 15th January, 2001. Pursuant to the said scheme, the husband of the petitioner and several other employees of the Bank submitted the application seeking voluntary retirement from the Bank in terms of the scheme introduced. It is not in dispute that the husband of the petitioner gave his application on 15th January, 2001., that is, within the time prescribed. However, to the misfortune of the petitioner, her husband expired on 16th February, 2001. The Bank took up the applications, filed by the employees of the Bank seeking for voluntary retirement, on 20th February, 2001. It is the case of the Bank that since the petitioner had e...

Ghodawat Pan Masala Products (i) Ltd. Vs. State of Karnataka and ors.

Court: Karnataka

Reported in: ILR2002KAR4170; [2003]130STC276(Kar)

ORDERP. Vishwanatha Shetty, J. 1. The petitioners in these batch of petitions are registered dealers under the provisions of the Karnataka Sales Tax Act, 1957 (hereinafter referred to as 'the KST Act') and also under the provisions of the Karnataka Tax on Entry of Goods Act, 1979 (hereinafter referred to as. 'the KTEG Act'). According to the averments made in these petitions, they are carrying on business in stock/sale/distribution of various brands of gutka in the State of Karnataka and outside the State of Karnataka.2. In these petitions, the petitioners have prayed for (1) a declaration that insertion of gutka in Sl. No. 9-A of Part 'T' of the Second Schedule to the KST Act, with effect from April 1, 1997 by means of Karnataka Act No. 7 of 1997 is bad in law ; (2) a declaration that the Sl. No. 3 and corresponding entries inserted in the Schedule to the Karnataka Tax on Luxuries Act, 1979 (hereinafter referred to as 'the KTL Act') prescribing levy of luxury tax on gutka at 20 per ce...