Karnataka Court January 2003 Judgments
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State of Karnataka and anr. Vs. Shivanand Fakirappa Naik
Court: Karnataka
Decided on: Jan-27-2003
Reported in: AIR2003Kant185
R. Gururajan, J.1. The State of Karnataka is before me challenging the concurrence findings of the 3rd Additional Munsiff, Belgaum in O. S. No. 153/1992 and confirmed in R.A. No. 163/1991 by the III Addl. Civil Judge (Sr. Dn.), Belgaum.2. Respondent-plaintiff filed a suit in O. S. No. 153/1992 seeking for declaratory relief with regard to his date of birth being 10-9-1945. He also sought for a direction to correct the entry of his date of birth in S.S.C. Certificate and marks statement. In the plaint, the plaintiff states that he was born on 10th September 1945 at Kasarkop Village in Sampgaon Taluk of Belgaum District. Horoscope was prepared. Horoscope shows his date of birth as 10-9-1945. Tahsildar, Bailhongal entered the name of the plaintiff in the birth and death register maintained in the office as 10-9-1945. He was admitted in the Primary School, Hosur, Shahapur, Belgaum. The register maintained by the Primary School also shows that the petitioner's date of birth as 10-9-1945. He...
Chethana Ramatheertha Vs. Kumar V. Jahgirdar
Court: Karnataka
Decided on: Jan-27-2003
Reported in: II(2003)DMC288; 2003(3)KarLJ530
D.V. Shylendra Kumar, J.1. These two appeals by a divorced mother of a female child who is eight years of age as of now, are directed against a common order dated 20-4-2002 passed on I.A. Nos. 12 and 14 filed in M.C. No. 1195 of 1998 on the file of the Court of the Principal Judge, Family Court at Bangalore.2. Under the impugned order, the learned Family Court Judge has dismissed I.A. No. 12 filed by the mother under Section 26 of the Hindu Marriage Act ('the Act', for short), seeking custody of the minor child. I.A. No. 14 filed by the father of the child for a similar relief has been allowed and the custody of the minor child by name Kum. Aaruni has been directed to be handed over to the father. It is the aggrieved mother who is in appeal before us and as the order passed is common on the two applications, two appeals have been filed.3. The applications under Section 26 of the Act had come to be filed in M.C. No. 1195 of 1998 which was a proceeding under Section 13-B of the Act and t...
M. Subramanyam and ors. Vs. General Manager, K.S.R.T.C.
Court: Karnataka
Decided on: Jan-27-2003
Reported in: II(2003)ACC533
M.F. Saldanha, J.1. Appellants' learned Counsel has raised a strong plea that the evidence of the husband who is P.W. 1 must be accepted and that the computation for purposes of loss of dependency must be based on this evidence and the reason for the submission is because there is virtually no cross-examination nor has it been established that the contention of the husband that the wife was earning Rs. 3,500/- per month should be rejected. His submission is that this is an unusual case where the wife was supplementing the family income by doing various handicrafts at home and earning Rs. 3,500/- per month for which there can be no other supportive evidence other than the husband's statement, but his submission is that if the evidence is uncontroverted that a Court should not refuse to accept it.2. Digressing here for a moment, we need to observe that there is much substance in the submission canvassed insofar as in law, there is no reason why uncontroverted evidence on oath should not ...
S. Sathyanarayana Vs. State by Inspector of Police
Court: Karnataka
Decided on: Jan-24-2003
Reported in: 2003CriLJ1983; 2003(2)KarLJ52
ORDERH.N. Narayan, J. 1. Admit. This revision under Section 397 read with Section 401 of the Cr. P.C. is directed against the order of IV Additional Chief Metropolitan Magistrate, Bangalore who has rejected the request of the petitioner for return of the passport seized by the Investigating Officer in Crime No. 565 of 2001 of Ulsoorgate Police Station. 2. This revision arises under the following background: The petitioner who was an officer in the Reserve Bank of India, Bangalore, till May 2001 took voluntary retirement from the service. After long lapse of time of his retirement, his former employer (Reserve Bank of India) filed a criminal complaint in Ulsoorgate Police Station alleging commission of offences punishable under Sections 409, 468 and 477A of the IPC. During the course of investigation, the Investigating Officer seized the passports of the petitioner and his wife and certain documents pertaining to the immovable property owned by his wife and a motor-car along with the do...
The Deputy Director, Employees' State Insurance Corporation and Anr. V ...
Court: Karnataka
Decided on: Jan-24-2003
Reported in: [2003(97)FLR458]; 2003(2)KarLJ240; (2003)IILLJ348Kant
A.V. Srinivasa Reddy, J.1. This appeal by the E.S.I. Corporation arises from the order of the E.S.I. Court at Bangalore in E.S.I. Application No. 9 of 1995 being aggrieved by the order setting aside the demand for contribution, made by the Corporation from the respondent-company, for the period from 19-11-1975 to 25-3-1977 and upholding the demand for contribution for March and April 1984.2. The respondent was covered under the provisions of the E.S.I. Act (for short, 'the Act'). On 17-5-1982, 17-4-1984 and 14-7-1984 the appellant-Corporation raised demand for contribution of the amount under the Act to the fund of the Corporation. The period for which these claims were made, admittedly, was from 19-11-1975 to 25-3-1977. The other claim made for the months of March and April 1984 was dated 13-7-1984. A contention was raised by the respondent-company that the claim in respect of the period from 19-11-1975 to 25-3-1977 was time bar-red. The said contention by the respondent-company was a...
The National Education Society and anr. Vs. H. Yogesh and ors.
Court: Karnataka
Decided on: Jan-24-2003
Reported in: 2003(5)KarLJ434
S.R. Nayak, J.1. The National Education Society and the Headmaster of Dr. H.N.N.H. School, have preferred this writ appeal being aggrieved by the order of the learned Single Judge dated 22-6-1998 in W.P. No. 1558 of 1992.2. The above writ petition was filed by the 1st respondent herein praying for mandamus, directing the Appellate Authorities to extend the timescale of pay of Rs. 1400-2750 to the petitioner from July 1987 onwards with interest at 10% and to regularise his services in the cadre of 'Science Demonstrator' or in the cadre of 'Science Teacher' with all consequential benefits.3. The undisputed facts of the case are as follows:The 1st respondent was appointed purely on temporary basis as 'Science Demonstrator' initially in the year 1987. It appears from the record that the services of the 1st respondent were terminated at the end of every academic year and fresh appointment orders were issued by the management of the appellant/Institute from time to time. A copy of the appoin...
Bishendas and anr. Vs. the Divisional Commissioner and ors.
Court: Karnataka
Decided on: Jan-23-2003
Reported in: AIR2003Kant273; 2003(2)KarLJ79
ORDERS.R. Bannurmath, J.1. Heard the learned Counsel for the petitioners and the learned Counsel for the contesting respondents 3 to 7 and the learned High Court Government Pleader for respondents 1 and 2.2. In this writ petition, the petitioners have challenged the order passed by the District Magistrate (Annexure-F) refusing to renew the licence of the petitioners to run the cinema theatre as well as the affirmative order passed by the Divisional Commissioner (Annexure-G).3. The facts according to the petitioners leading to the present proceedings are as follows:Premises bearing No. 43, Residency Road, Bangalore, originally a vacant site belonging to one M.A. Bhakhi, predecessor-in-title of respondents 3 to 7 herein was leased to petitioner 1 under a registered lease deed dated 2-2-1966 for a period of 35 years from the date of execution of the lease deed, i.e., the lease would come to an end on 2-2-2001. Copy of the lease deed is produced as Annexure-A to the writ petition. As per t...
Bhimappa Bhagappa Bharmannavar Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Jan-23-2003
Reported in: 2003(2)KarLJ137
ORDERN.K. Patil, J.1. This writ petition is directed against the order dated 13-9-1976 passed by the 2nd respondent in No. KLR/SDT/SRC/SR-8/76-77.2. The case of the petitioner is that he is the tenant of the land bearing Block No. 588, measuring 3 acres 31 guntas situated at Teggihal Village, Soundatti Taluk, Belgaum District. The petitioner has further stated that, he is tenant under his father and since 1965, he is personally cultivating the land in question and his name has been entered in the revenue records. When the matter was pending consideration before the Civil Court, in view of the amendment to the Land Reforms Act, the land in question was vested in the Government. The Civil Court has referred the matter to the Land Tribunal to give a finding as to whether the petitioner proves that he is the tenant of the suit land. The Land Tribunal held that the petitioner is not the tenant of the land in question on the ground that the petitioner himself has admitted that he never culti...
Union of India (Uoi) and ors. Vs. M.R. Shivappa and ors.
Court: Karnataka
Decided on: Jan-23-2003
Reported in: [2003(97)FLR210]; 2003(4)KarLJ321
Kumar Rajaratnam 1. Writ Appeal Nos. 3602 of 1997 and 4960 of 1999 have been filed by the Union of India aggrieved by the payment of gratuity to the employees who had resigned from service on the ground that as per Rule 26 of the Central Civil Services (Pension) Rules, 1972, resignation from service unless it is allowed to be withdrawn in the public interest by the Appointing Authority, entails forfeiture of past service. Since both the writ petitions raise common question of law, they have been taken up together and a common order is passed in these writ appeals.2. The writ petitioner in Writ Appeal No. 3602 of 1997 was an Ex-Military Pensioner appointed in the Controllerate of Quality Assurance, Bangalore on 23-8-1982 and submitted his resignation on 12-12-1990 which was accepted by the Management on 31-5-1990. He had rendered seven years and nine months of service in the said post.3. The petitioner in the Writ Appeal No. 4960 of 1999 was appointed as Office Assistant in Telecom Depa...
Cantonment Board Vs. Asif Alim Sait and ors.
Court: Karnataka
Decided on: Jan-23-2003
Reported in: AIR2004Kant158
M. F. Saldanha, J.1. These two appeals are directed against a common order passed by the learned single Judge in Writ Petition Nos. 25547 and 30905 of 1992. The facts of the case are within a very narrow compass insofar as it is the case of the present appellants who are the Cantonment Board, Belgaum that the Respondents 1, 2 and 3 who are the owners of a property situated at D. C. 178, Havelock Road, Belgaum had applied to the Board for carrying out of some repairs to the roof of the structure and that they were informed that no formal permission is required for such work but, it was also clarified to them that the height of the roof was not to be raised under the guise of repairs and furthermore, that no additions or alterations are to be undertaken. The applicants were put on notice of the fact that if unauthorised construction work is carried out, that they will be dealt with in accordance with the provisions of the Cantonments Act, 1924. According to the Board, the owners resorted...
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