Karnataka Court January 2003 Judgments
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Smt. Kanthamma Vs. the Special Land Acquisition Officer, Karnataka Ind ...
Court: Karnataka
Decided on: Jan-16-2003
Reported in: 2003(2)KarLJ7
ORDERN.K. Jain, C.J.1. This writ appeal is filed against the order dated 28-5-2001 passed in W.P. No. 186 of 2001 (LA), wherein, the learned Single Judge has found that the Special Land Acquisition Officer has considered the objections of the appellant petitioner and also found that the acquisition of the land has been made for public purpose and not interfered with the order passed by the Special Land Acquisition Officer, the 1st respondent herein. The same has been challenged in this appeal along with an application I.A. No. I of 2001 for condoning the delay of 57 days in filing the appeal.2. Heard the learned Counsels for the parties and perused the materials placed on record.3. No doubt, this Court is liberal in condoning the delay provided sufficient and reasonable cause has been shown, but in the instant case, the only ground urged is that the certified copy of the order was applied for on 18-6-2001, but the same was rejected due to deficiency of Court fee. Again, the same was ap...
B.C. Ramakrishna Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Jan-16-2003
Reported in: [2003(97)FLR178]; 2003(2)KarLJ45; (2003)IILLJ494Kant
S.R. Nayak, J.1. This appeal is filed by the writ petitioner being aggrieved by the order of the learned Single Judge in W.P. No. 27208 of 1999, dated 2-12-1999 dismissing the writ petition.2. In the above writ petition, the appellant herein sought for a relief of regularisation of his service in the cadre of driver. From the materials placed before the Court, it could be seen that the appellant was appointed by the Agricultural Produce Market Committee, Bangalore, as a 'Driver' on daily wage basis and he worked during 5 spells: for a period of 9 months with effect from 15-5-1986; for a period of 2 months with effect from 16-2-1987; for a period of 9 months with effect from 18-4-1987; for a period of one year with effect from 22-1-1988 and for a period of one year with effect from 24-1-1989. It is stated that when the matter stood thus, the respondents sought to terminate the services of the appellant with effect from 23-1-1990. At that stage, the appellant herein preferred W.P. No. 15...
The Karnataka State Road Transport Corporation and anr. Vs. Sathyanara ...
Court: Karnataka
Decided on: Jan-16-2003
Reported in: [2003(97)FLR181]; 2003(2)KarLJ125; (2003)IILLJ301Kant
S.R. Nayak, J.1. This appeal is by the KSRTC being aggrieved by the order of the learned Single Judge dated 7th April, 2000 in W.P. No. 12198 of 2000. In the above writ petition, the Corporation assailed the validity of the award of the Labour Court, Gulbarga, dated 1st March, 1999 is KID No. 471 of 1998 by which award the Labour Court had directed reinstatement of the respondent-workman with continuity of service and with full back, wages.2. The respondent while serving in the establishment of the second appellant as conductor a charge memo dated 7-4-1995 was issued to him alleging that on 4-4-1995 while conducting the bus in question he failed to issue tickets of denomination of Rs. 2.25 to a group of seven passengers despite collection of fares from them, with a mala, fide intention to misappropriate the revenue of the Corporation. It was also alleged that in furtherance of that motive the workman had closed the waybill with reference to stage No. 9 i.e., Koutal. The disciplinary au...
M.P. Lakshman Vs. Appropriate Authority and ors.
Court: Karnataka
Decided on: Jan-16-2003
Reported in: (2003)180CTR(Kar)541
N.K. Jain, C.J.1. This writ appeal is filed against the order dt. 5th Feb.,.2002, in Writ Petn. No. 14292/1991 passed by the learned Single Judge, dismissing the writ petition.2. The necessary facts are:M.P. Lakshman, appellant-petitioner, a coffee planter, is a partner in a firm along with one B.S. Nagaraj and carrying on business under the style of M/s M.P. Engineering Works. He filed a writ challenging the constitutional validity of Section 269UE(1) of the Act and for quashing the order dt. 13th June, 1991. The same was dismissed as stated. Hence this appeal for quashing the order of the learned Single Judge, dt. 5th Feb., 2002, and order dt. 13th June, 1991.3. The learned counsel for the appellant submitted that the intending purchaser is entitled to get the advantage as the order is to the effect that the auction is subject to result of the writ petition and the same will not prejudice the bona fide purchaser.4. On the other hand, learned Departmental Advocate submits that the all...
Dattaraj Vs. State by Mahalaxmipuram Police and anr.
Court: Karnataka
Decided on: Jan-16-2003
Reported in: 2003CriLJ3212; 2003(4)KarLJ556
ORDERK. Sreedhar Rao, J.1. These petitions are filed under Section 482 of the Cr. P.C. challenging the order of the Additional City Civil and Sessions Judge, Bangalore passed in Cri. Misc. No. 2675 and 2774 of 2002 respectively.2. The parties hail from both politically and financially influential families. The petitioner is the brother of the deceased. The accused A2 is the wife of the deceased and A1 is the paramour of A2. The accused persons found the deceased an impediment to their free living, in addition, they found that A2 could inherit large valuable estate, if the deceased is killed. In that view, in a meticulously designed plot, the deceased was murdered. The police after registration of the case were left with no clues to apprehend the offenders.3. It is the contention of the petitioner that they suspected A2 in the murder and after shadowing the accused for quite a long time, he was able to tape-record the telephonic conversation between A1 and A2, which gave substantial clu...
M.P. Lakshman Vs. Appropriate Authority, Itd
Court: Karnataka
Decided on: Jan-16-2003
Reported in: [2003]128TAXMAN69(Kar)
This writ appeal is filed against the order dated 5-2-2002 in W.P. No. 14292/1991 passed by the learned single Judge, dismissing the writ petition.2. The necessary facts areM.P. Lakshman, appellant-petitioner, a coffee planter is a partner in a firm along with one B.S. Nagaraj and carrying on business under the style of M/s. M.P. Engineering Works. He filed a writ challenging the constitutional validity of section 269UE(i) of the Act and for quashing the order dated 13-6-1991. The same was dismissed as stated. Hence this appeal for quashing the order of the learned Single Judge dated 5-2-2002 and order dated 13-6-1991.3. The learned counsel for the appellant submitted that the intending purchaser is entitled to get the advantage as the order is to the effect that the auction is subject to result of the writ petition and the same will not prejudice the bona fide purchaser.4. On the other, hand, learned department Advocate submits that the alleged intending purchaser has no right to get ...
Virabasayya Prabhayya Hallur and anr. Vs. State of Karnataka
Court: Karnataka
Decided on: Jan-14-2003
Reported in: 2003(2)ALD(Cri)2; 2003CriLJ992; 2003(1)KarLJ530
ORDERH.N. Narayan, J. 1. This reference arises under the following circumstances: These two criminal appeals viz., Cri. A. No. 319 of 1997 connected with Cri. A. No. 67 of 1997 arising out of the judgment of the I Additional Sessions Judge, Bijapur, in S.C. No. 78 of 1991 have been disposed of by the Bench vide judgment dated 16-7-2002. The Division Bench allowed both the appeals filed by the accused and the State hold-ing A1 guilty of the offence punishable under Section 304, Part II of the IPC who is sentenced to undergo R.I. for five years and also to pay a fine of Rs. 500/- with default clause and A4 is acquitted of the said offence. In the same judgment, the Bench reversed the judgment of acquittal recorded -by the Trial Court and convicted A2 to A4, A6 and A7 who are respondents in Cri. A. No. 319 of 1997 for an offence punishable under Section 324 of the IPC and sentenced them to undergo R.I. for six months and to pay a fine of Rs. 1,000/- each with default clause. The benefit o...
The Institute of Chartered Accountants of India Vs. Ajit Kumar Iddya a ...
Court: Karnataka
Decided on: Jan-14-2003
Reported in: [2003]116CompCas571(Kar); 2003(2)KarLJ1
N.K. Jain, C.J.1. The appellant-Institute of Chartered Accountants of India (for short the 'ICAI') has filed this appeal against the order dated 15-9-2000 passed by the learned Single Judge in W.P. No. 37189 of 1995.2. The necessary facts in brief are that a complaint was filed by the 2nd respondent before the appellant alleging that the 1st respondent-petitioner accepted the statutory auditor ship of a company viz., M/s. Navabharath Flange and Allied Industries Limited, Bombay without ascertaining compliance of Sections 224 and 225 of the Companies Act, 1956 (for short 'the Act') and without issuing a registered notice to the 2nd respondent. On a complaint, the ICAI referred the matter to the Disciplinary Committee to hold enquiry, and the Disciplinary Authority after hearing the parties was of the view that the 1st respondent-petitioner had complied with the requirements under the Chartered Accountants Act, 1949 (for short 'the CA Act') and his conduct was totally bona fide, and that...
Sanna Basappa Vs. the Assistant Commissioner and Land Acquisition Offi ...
Court: Karnataka
Decided on: Jan-14-2003
Reported in: 2003(2)KarLJ22
M.F. Saldanha, J.1. We have heard the learned Counsels on both sides. What is principally submitted by the appellant's learned Counsel in this case is that this was an acquisition that pertained to 4 acres of land in Koppal Town which was undertaken in the year 1989 and that the appellant has done what is expected of him by producing a sale deed of the year 1989 which was almost contemporaneous with the 4(1) Notification. Ex. P. 9 is in relation to a plot of land which was sold for Rs. 13,500/- but the plot measured only 30' x 40' and it works out to Rs. 11.25 per sq. ft. Mr. Rayaraddi's submission is that the law requires of the party asking for the enhancement to produce requisite evidence that could be a guide or a barometer to the Reference Court for purposes of fixing the market value. He was probably right when he points out that in a given situation there may not be many transactions that have taken place because there are two aspects, the first being that it should be a sale th...
Smt. Sumangala Vs. Laxminarayan Anant Hegde and anr.
Court: Karnataka
Decided on: Jan-14-2003
Reported in: 2003CriLJ1418; I(2003)DMC521; 2003(2)KarLJ212
ORDERH.N. Narayan, J.1. Heard Sri S.R. Hegde Hudlamane, learned Counsel for the petitioner and perused the impugned judgment.2. The short question which falls for consideration in this revision is.--Whether the act of husband taking away his minor child without consent or knowledge of the mother, i.e., his wife, amounts to cruelty to the mother under Section 498A of the IPC?3. The learned Counsel for the petitioner has invited my attention to the judgment of the Division Bench of the Allahabad High Court in Vijay Kumar Sharma and Ors. v. State of Uttar Pradesh, 1991(1) Crimes 298 (All.). After considering this question, the Allahabad High Court held as follows.--'We are of the view that taking away the son of Smt. Savita Sharma by the petitioners in this case without information to Smt. Savita Sharma of the said fact amounts to cruelty inasmuch as by the said conduct of the petitioners it could be much possible that Smt. Savita Sharma could either be driven to commit suicide or it coul...
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