Karnataka Court January 2003 Judgments
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Mohammed Azamathulla Alias Azzu and ors. Vs. State of Karnataka by Til ...
Court: Karnataka
Decided on: Jan-14-2003
Reported in: 2003CriLJ2661; ILR2003KAR1541
ORDERSreedhar Rao, J.1. This petition is filed under Section 482 of Cr.P.C., challenging the order of this Court made on administration side at Annexure-A, exercising powers under Section 407 of Cr.P.C., transferred the Session Cases from the files of City Civil and Sessions Judge, Bangalore to the files Fast Track Courts under the notification in question.2. The case relating to the petitioners is transferred to Fast Track Court-1, for disposal in accordance with law. According to these petitioners, on earlier occasion after commencement of the trial, the Sessions case in question was transferred to IX the Addl. Sessions Judge to Fast Track Court-1, by the Prl. City Civil and Sessions Judge. This Court in Crl.No.929/-01, set aside the order of transfer and restored to the file of IX Addl. Sessions Judge, for disposal on the ground that under Section 409 Cr.P.C., the Sessions Judge has no power to transfer the part heard cases from the file of one Sessions Court to another. Subsequentl...
North West Karnataka Road Transport Corporation Vs. Rafiq Moulasab Bag ...
Court: Karnataka
Decided on: Jan-14-2003
Reported in: 2005ACJ1723; ILR2003KAR5149; 2003(6)KarLJ220
S.B. Majage, J.1. This appeal by the appellant, who was respondent in MVC No. 1043 of 1999 on the file of the 1st Additional Civil Judge (Senior Division) and Additional Motor Accident Claims Tribunal, Belgaum, challenging the order dated 22-12-2000, by which the respondents, who are parents of deceased 5 years' old child, are awarded compensation of Rs. 1,50,000/-since, according to the appellant-Corporation, the compensation awarded is exorbitant and requires to be reduced. 2. Heard argument. It is submitted for the appellant-Corporation that the compensation awarded is exorbitant and not based on any substantive legal evidence or basis and as such, requires to be interfered with. On the other hand, learned Counsel for respondents-claimants supported the award. Perused the records carefully. 3. The only point for consideration is: 'Whether the compensation awarded requires interference?' 4. In the present matter, the deceased child was aged 5 years at the time of her death in bus acc...
Zamir Ahmed (Since Deceased) Through Lrs. Vs. United India Insurance C ...
Court: Karnataka
Decided on: Jan-14-2003
Reported in: 2005ACJ1837
M.F. Saldanha, J.1. We have heard the respondent's learned Counsel. Appellants' learned Counsel is not present but this has not made any difference because with the assistance of respondent's learned Counsel we have ourselves done a thorough review of the record and we have examined the grounds made out in the present appeal for enhancement.2. One of the factors that we need to take into account is that during the pendency of the present appeal the appellant died. An application was filed for the legal heirs to be brought on record and this Court has passed a speaking order dated 9.7.2001 allowing the LRs to be brought on record. Seven of the family members have been brought on record starting with the mother, wife and the 5 children. The point that has arisen for our consideration is as to whether this appeal can be said to have abated or whether it can be treated as subsisting. Undoubtedly, under Order 22, Rule 3, Civil Procedure Code, it is open to the LRs of a deceased litigant to ...
institute of Chartered Accountants of India Vs. Ajit Kumar Iddya
Court: Karnataka
Decided on: Jan-14-2003
Reported in: [2003]128TAXMAN13(Kar)
N.K. Jain, C.J.The appellant-Institute of Chartered Accountants of India (hereinafter referred to the ICAI) has filed this appeal against the order dated 15-9-2000 passed by the learned Single Judge in W.P. No. 37189/1995.2. 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 Ltd., Bombay without ascertaining compliance of sections 224 and 225 of the Companies Act, 1956 (hereinafter referred to as '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 (hereinafter referred to as the CA Act') and his cond...
Zamir Ahmed and ors. Vs. United India Insurance Co. Ltd.
Court: Karnataka
Decided on: Jan-14-2003
Reported in: III(2003)ACC721
M.F. Saldanha, J.1. We have heard the respondent's learned Counsel. The appellants' learned Counsel is not present but this has not made any difference because with the assistance of the respondent's learned Counsel we have ourselves done a thorough review of the record and we have examined the grounds made out in the present appeal for enhancement.2. One of the factors that we need to take into account is that during the pendency of the present appeal the appellant died. An application was filed for the legal heirs to be brought on record and this Court has passed a speaking order dated 9.7.2001 allowing the L.Rs. to be brought on record. Seven of the family members have been brought on record starting with the mother, the wife and the 5 children. The point that has arisen for our consideration is as to whether this appeal can be said to have abated or whether it can be treated as subsisting. Undoubtedly, under Order 22 Rule 3, CPC it is open to the L.Rs. of a deceased litigant to app...
R. Suresh Vs. Smt. Chandra M.A.
Court: Karnataka
Decided on: Jan-13-2003
Reported in: I(2003)DMC532; ILR2003KAR1638; 2003(2)KarLJ67
ORDERD.V. Shylendra Kumar, J.1. This is an application filed by the respondent-wife under Section 24 of the Hindu Marriage Act, 1955.2. The appellant and respondent were married in the year 1980 as per Hindu customs and rites at Chennai. It is not in dispute that they are living separately. The husband had filed M.C. No. 684 of 1993 praying for dissolution of the marriage on the grounds of cruelty and desertion on the part of the wife. The wife also had filed M.C. No. 701 of 1992 under Section 9 of the Hindu Marriage Act seeking for restitution of conjugal rights. Both the petitions were tried together by the Principal Judge, Family Court, Bangalore and while the petition filed by the husband for dissolution of marriage was dismissed, the petition filed by the wife seeking for restitution of conjugal rights was allowed as per the order dated 23rd March, 2001. It is as against this common judgment that the husband is in appeal.3. The wife had sought for interim maintenance and this Cour...
State of Karnataka, by Secretary, Forest Department and ors. Vs. T.B. ...
Court: Karnataka
Decided on: Jan-13-2003
Reported in: ILR2003KAR2827
ORDERRaveendran, J. As this petitions involve common question of law we have heard and disposed of these petitions by this common order. Facts in W.P.No. 45030/2002: 1. The respondent herein approached the Karnataka Administrative Tribunal in Application No. 10244/2001 alleging that he was initially appointed on daily wage basis on 1-1-1984 as a forest Watcher, that after two years there was a break as he was discharged and he was re-appointed with effect from 1-1-1992; that as he had served for more than 2400 days in a block period of 10 years, he was entitled to regularisation relying on the Government Order dated 20-10-1994; that as his request was not considered, he approached the Karnataka Administrative Tribunal in Application No 3649/1999 and the Tribunal disposed of the said Application by order dated 18-8-2000 directing the petitioners herein to consider the representation and take a decision thereon; and that thereafter an endorsement dated 13-12-2000 was issued to him reject...
Puttaraje Urs Vs. State by Lokayukta Police
Court: Karnataka
Decided on: Jan-10-2003
Reported in: 2003CriLJ1148; 2003(1)KarLJ575
M.P. Chinnappa, J. 1. The learned Special Judge, Mandya, in Special Case No. 37 of 1991 tried the appellant for the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act (for short 'the Act'). After analysing the evidence adduced by the prosecution by examining P.Ws. 1 to 8 marked Exs. P. 1 to P. 14 and M.Os. 1 to 9 and also the evidence of the appellant as D.W. 1 has come to the conclusion that the appellant has committed the offence which was established by the prosecution beyond all reasonable doubt and after hearing both the parties, sentenced the appellant to undergo S.I. for a period of 6 months and to pay a fine of Rs. 200/-, in default of payment of fine to undergo S.I. for a further period of 20 days for the offence punishable under Section 7 and also sentenced to undergo S.I. for a period of one year and pay a fine of Rs. 200/-, in default to undergo S.I. for a further period of 20 days for the offence punishable under S...
Smt. Sanjeevini Ananda Awate and ors. Vs. the Managing Director, Hiran ...
Court: Karnataka
Decided on: Jan-10-2003
Reported in: II(2003)ACC461; 2003ACJ1237; 2003(2)KarLJ42
Tirath S. Thakur, J.1. This appeal was heard by a Division Bench comprising Hon'ble H.N. Tilhari and T.N. Vallinayagain, JJ. The judgment granted a certain enhancement in the amount of compensation payable to the claimants-appellants herein. As regards the rate of interest awardable on the amount of compensation, there was a difference of opinion between the Judges comprising the Bench. While Tilhari, J., held, the claimants entitled to interest at the rate of 9% p.a. from the date of the claim petition till the date of payment, Vallinayagam, J,, took a contrary view holding that the claimants were not entitled to anything more than 6% p.a. from the date of the claim petition till payment (Smt. Sanjeevini Ananda Awate and Ors. v. The Managing Director, Hiranyakeshi Sahakara Sakkare Karkfiane, Nippani and Ors., ILR 2000 Kar. 4861). Both the learned Judges relied upon decisions of the Supreme Court and those delivered by this Court in support of the views taken by them and eventually rec...
Registrar General, High Court of Karnataka Vs. the Editor, Mysore Mitr ...
Court: Karnataka
Decided on: Jan-10-2003
Reported in: 2003CriLJ1414; 2003(2)KarLJ95
ORDERR. Gururajan, J.1. This petition is filed by the Registrar General of this Court seeking initiation of proceedings against the respondents and for taking action in terms of the Contempt of Courts Act, 1971 ('Act', for short).2. The events resulting in moving this petition according to the averments of the petition are as under.-On Saturday the 21st day of December, 2002, a news item was published in a Kannada Daily 'Mysore Mitra' from Mysore in the name and style 'District Judge Hosur Transferred'. On 22nd December, 2002, Deccan Herald, an English Daily, published as 'Resort Scandal: Judge Transferred'. Vijaya Karnataka, a Kannada Daily, published resignation of the Judge. Kannada Prabha, a Kannada Daily, got similar news published in the caption 'Transfer of Mysore Principal District Judge'. Udaya Vani, Samyukta Karnataka - Kannada Dailies and Times of India, an English Daily, have published similar news items mentioning that Sri K,G. Hosur, Principal District Judge, Mysore has b...
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