Karnataka Court October 2003 Judgments
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The Management of Sri Siddaganga Education Society (Registered) and an ...
Court: Karnataka
Decided on: Oct-13-2003
Reported in: 2004(1)KarLJ111
ORDER1. Since common questions of fact and law are involved in all these petitions, they are clubbed together, heard and disposed off by this common order.2. The employee as well as the educational institution are before this Court in these two writ petitions, aggrieved by the orders passed by the Additional District Judge and Educational Appellate Tribunal at Tumkur, in MA (EAT) No. 1/90, dated 27-9-1994 and 21-3-1998 respectively.3. In Writ Petition No. 42940 of 1999, filed by the management/employer, they call in question the correctness or otherwise of the orders passed by the Educational Appellate Tribunal modifying the order passed by the Disciplinary Authority of the educational institution.4. In Writ Petition No. 6720 of 2000, the employee of the educational institution calls in question the correctness or otherwise of the orders passed by the Educational Appellate Tribunal in partly allowing the appeal filed by him.5. Facts in detail need not be noticed by me. It is suffice to...
Smt. Savitri Vs. the State of Karnataka, by Its Secretary to Governmen ...
Court: Karnataka
Decided on: Oct-13-2003
Reported in: ILR2003KAR4653
Sabhahit, J.1. This appeal by writ petitioner in W.P.No. 29577/2003 is directed against the order dated 30.6.2003 passed by the learned Single Judge of this Court dismissing the Writ Petition.2. The essential facts of the case leading upto this appeal are as follows:The appellant filed the Writ Petition alleging that she is the President of the Town Panchayat Siddapur Uttarakannada District (hereinafter called as Town Panchayat') arraigned as Respondent No.3 in the Writ Petition. It is stated that Town Panchayat comprises of 13 elected Councillors, 3 nominated members and members of Parliament and Legislative Assembly, totalling to 18. A requisition signed by 10 councillors was submitted to move no confidence motion against the petitioner. The Chief Officer did not issue notice to MP and MLA. Notices were issued to councillors and nominated members. In the meeting presided over by Vice President, No-confidence motion against petitioner was passed by 10 councillors voting in favour of t...
State by Cod Police Vs. Dasegowda and ors.
Court: Karnataka
Decided on: Oct-13-2003
Reported in: 2004(1)KarLJ94
1. We have heard the learned Counsels on both sides at length and we have also done a thorough review of the record. We propose to confine this judgment to very limited aspects of the case for the simple reason that even though the allegation of the complainant P.W. 2-Kempamma is to the effect that the five accused persons are alleged to have trespassed into her house on the night of 3rd September, 1987 and committed gang rape on her, the admitted position is that the complaint was ultimately registered only after 11/2 years. The grievance projected is that even though the matter was reported to the police on the next day, that they refused to entertain the complaint and that this state of affairs continued despite complaints to higher authorities and that ultimately, a complaint was addressed to the Governor and pursuant to this, instructions were issued to the COD to take action in the case. One and a half years later, the offence was registered and the statements were recorded and i...
Annapurna Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Oct-13-2003
Reported in: AIR2004Kant169; 2004(1)KarLJ302
ORDERN.K. Patil, J.1. The learned Additional Government Advocate accepts notice for respondents 1 and 3. Sri A.N. Venugopala Gowda accepts notice for the 2nd respondent. Notice to the 4th respondent is dispensed with.2. Though this matter is listed for preliminary hearing, with the consent of the learned Counsel for the petitioner and the learned Additional Government Advocate for respondents 1 and 3, it is taken up for hearing.3. In this writ petition, the petitioner has sought a declaration declaring Rule 3 of the admission to the II year/III semester of full time B.E./B. Tech. Degree courses in Karnataka for diploma holders for the year 2003-04 issued by the 2nd respondent, the CET to the first year for diploma holder to Architecture course as per Annexure-G being unconstitutional, void, illegal and against law insofar as it relates to the petitioner. Further, she sought a direction to respondents 2 and 3 to admit her to II year/III semester.4. The case of the petitioner as made out...
i.V. Suresha Vs. Zilla Panchayat by Its Chief Executive Officer and or ...
Court: Karnataka
Decided on: Oct-10-2003
Reported in: ILR2003KAR4794; 2004(1)KarLJ305
ORDERPatil, J.1. The petitioner, assailing the resolution dated 31st July 2001 passed by the second respondent vide Annexure C, has presented this Writ Petition. Further, he has sought for a direction, directing the second respondent to pay the salary of the petitioner from April 2000 by considering his representation vide Annexure -B.2. The grievance of the petitioner in the instant Writ Petition is that, the second respondent had passed a resolution recommending the appointment of the petitioner and the same has been sent for approval to the Taluk Panchayath. The Executive Officer of the Taluk Panchayath has forwarded the recommendation made by the second respondent with his covering letter dated 26th August 1996 to the first respondent for appointment of the petitioner as 'waterman'. In pursuance of the said recommendation made by the second respondent herein, the first respondent has appointed the petitioner as 'waterman' on monthly salary of Rs. 300/- by its order dated 27th Septe...
J. Mahabaleshwarappa Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Oct-10-2003
Reported in: 2004(1)KarLJ139
ORDERN.K. Patil, J.1. The petitioner, assailing the correctness of the communication/letter bearing No. BANA/ARB/BHU/BA/13/98-99/2358, dated 9/10th February, 1999 vide Annexure-H, has presented this writ petition. Further, he has sought for a direction, directing the respondents 1 to 3 to consider the case of the petitioner for issue of 'No Objection Certificate' as the same is required by the petitioner to erect kerosene bunk in Bellary in Town Survey No. 656, plot No. 3, Ward No. 6, Block No. 5 situated at Idgah Maidan, Bellary.2. The grievance of the petitioner in the instant writ petition is that, he being a dealer and doing business in kerosene, has obtained a dealership licence from the Competent Authority namely, the Hindustan Domestic Oil and Gas Company, Bombay. The petitioner intended to erect a kerosene bunk at Bellary to store kerosene for his requirements in Sy. No. 656, plot No. 3, Ward No. 6, Block No. 5 situate at Bellary. The respondent 4 herein is the owner of the sai...
Abdul Khaleel Vs. State by Police Sub-inspector
Court: Karnataka
Decided on: Oct-09-2003
Reported in: 2003(6)KarLJ193
ORDERA.C. Kabbin, J.1. The petitioner herein, who has sought bail under Section 439 of the Cr. P.C., is one of the accused in Forest Crime No. 127 of 1995 of Ranebennur Police Station, registered for offences punishable under Sections 379 and 411 of the IPC and Sections 86 and 87 of the Karnataka Forest Act. His application for bail having been rejected by the learned Sessions Judge, Haveri, he has approached this Court for his release on bail on several grounds, the main ground being that already eight years have elapsed from the date of the alleged offences and that he is in custody since more than three months and that therefore looking to the allegations he may be enlarged on bail permitting him to attend the trial whenever fixed.2. The prayer has been opposed by the learned Additional State Public Prosecutor who has filed objections. The main ground on which bail is opposed is that the petitioner had been released on anticipatory bail in the year 1995 on certain conditions, but th...
Abdul Khaleel Vs. State of Karnataka by Police Sub Inspector
Court: Karnataka
Decided on: Oct-09-2003
Reported in: ILR2003KAR4358
ORDERA.C. Kabbin, J. 1. The petitioner herein, who has sought bail under Section 439 of Cr.P.C., is one of the accused in Forest Crime No. 127/1995 of Ranebennur Police Station, registered for offences punishable under Section 379 and 411 of IPC and Sections 86 and 87 of Karnataka Forest Act. His application for bail having been rejected by the learned Sessions Judge, Haveri, he has approached this Court for his release on bail on several grounds, the main ground being that already eight years have elapsed from the date of the alleged offences and that he is in custody since more than three months and that therefore looking to the allegations he may be enlarged on bail permitting him to attend the trial whenever fixed. 2. The prayer has been opposed by the learned Additional State. Public Prosecutor who has filed objections. The main ground on which bail is opposed is that the petitioner had been released on anticipatory bail in the year 1995 on certain conditions, but that he having a...
Sulochana and ors. Vs. Karnataka State Road Transport Corporation
Court: Karnataka
Decided on: Oct-09-2003
Reported in: II(2004)ACC534; 2005ACJ849; ILR2003KAR4911
Tirath S. Thakur, J.1. Motor Accidents Claims Tribunal, Bangalore Rural District, has dismissed M.V.C.No. 573/1996 filed by the claimants-appellants herein for payment of compensation on the ground that the accident resulting in the death of late Sri H.Sanjeeva was not attributable to any fault on the part of the driver of the vehicle in which he was travelling nor did the same arise out of the use of any motor vehicle. The present appeal filed by the claimants assails the correctness of the said order.2. The deceased Sri H. Sanjeeva was working as Head Master in the Government High School at Sooda in Dakshina Kannada. On 7.4.1995 he was traveling in a bus owned by the respondent-Corporation from Udupi to Bangalore in connection with certain official business. When the bus reached a place near Gandhi Farm on the Kunigal-Bangalore road at about 6.45 a.m., a Banyan tree growing on the side of the road fell on the running bus resulting in the death of the Sri Sanjeeva and two other passen...
The Managing Director, the Karnataka State Road Transport Corporation ...
Court: Karnataka
Decided on: Oct-08-2003
Reported in: ILR2004KAR336; 2004(2)KarLJ260
ORDERKumar, J. 1. The petitioner has challenged in this Writ Petition an award passed by the labour Court on 6.11.2002 setting aside the order of dismissal and directing reinstatement of the respondent into service forthwith without backwages but with continuity of service. The said Writ Petition was presented on 21.6.2003. It came up before this Court on 9.7.2003 and rule was issued and interim stay of the impugned award was granted. After service of notice the respondent has filed an application under Section 17(b) of the Industrial Disputes Act for a direction to the petitioner to pay wages to the respondent from the date of award till disposal of the Writ Petition. The said application came to be filed on 29.7.2003. Thereafter the petitioner took time to file objections. Objections were not filed. When the case was listed for orders on the said application on 7.10.2003 a submission was made on behalf of the petitioner that they are unable to get information regarding the fact wheth...
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