Karnataka Court November 2003 Judgments
K.S. Jayanth Kumar and ors. Vs. Bnp Paribas, Rep. by Its General Manag ...
Court: Karnataka
Decided on: Nov-21-2003
Reported in: 2005(1)ALD(Cri)10; II(2004)BC175; ILR2003KAR5137; 2004(1)KarLJ651
ORDERRajendra Prasad, J.1. All these petitions involve common questions of facts and law. The parties are also common and common arguments have been advanced by both sides. Hence, they are disposed of by the common order.2. These petitions by Accused Nos. 3 to 10 are filed under Section 482 Cr.P.C. in C.C.Nos. 26056, 26057, 26058, 26059 and 26060 of 2003 on the file of the XIV Addl. C.M.M., Bangalore, wherein the learned Magistrate had taken cognizance and had issued process against the petitioners also for the offence under Section 138 of the Negotiable Instruments Act, challenging the legality and propriety of the orders impugned.3. The Court has heard the arguments of Sri R.V. Naik and Sri Shobith N. Shetty, learned Counsel on behalf of the petitioners, and Sri H.R. Katti, learned Counsel on behalf of the respondent.4. The learned Counsel for petitioners strenuously contended that the material on record clearly shows that the orders impugned are illegal and improper. The learned Mag...
Tag this Judgment!Koosappa Poojari Vs. K. Sadabba and ors.
Court: Karnataka
Decided on: Nov-21-2003
Reported in: 2004ACJ2102; 2004(3)KarLJ331
Ajit J. Gunjal, J.1. Lord du Parcq has pointed out that the 'underlying principle of the law of the highway is that all those lawfully using the highway must show mutual respect and forbearance'. Hence, the duty of a person, who drives or rides a vehicle on the highway, is to use reasonable care to avoid causing damage to persons, vehicles or property of any kind on or adjoining the highway. Urbanisation with auto revolution is not an unmixed good. Accidents are a few amongst other evil effects of it. This preface is required as the question involved in this appeal is regarding contributory negligence of the claimant.2. The genesis of the claimant's case is that he was aged about 58 years at the time of accident and was working as Head Worker at Man-galore Post Trust. On the fateful day i.e., on 24-11-1997 when he was standing by the side of the road in order to cross and go to the other side, a lorry bearing registration No. KA. 19-5259 came from Udupi side at high speed in a rash and...
Tag this Judgment!Karnataka State Road Transport Corporation Vs. Abdul Azeez
Court: Karnataka
Decided on: Nov-21-2003
Reported in: ILR2004KAR2761
R.V. Raveendran, J.1. Admitted. The matter is heard finally by consent of the learned Counsel and disposed of by this judgment.2. The respondent was working as a conductor under the Karnataka State Road Transport Corporation-appellant herein, ('KSRTC' for short). He was subjected to a disciplinary proceedings by issuing a charge memo containing three charges relating to a trip on 30-5-1970 when he was conducting bus No. MYF 6434 on the Nandigudi - Davangere Route; (i) that he had failed to issue tickets to three passengers; (ii) that he had issued tickets of Rs. 0.30 each to 12 passengers, having collected a fare of Rs. 0.50 from each of them; and (Hi) that he had failed to follow the 'issue and start' rule. He was found guilty in the enquiry and the Disciplinary Authority imposed the punishment of dismissal, by an order dated 19-1-1972. Sixteen years thereafter on 7-10-1988, the respondent filed an application under Section 10(4-A) of the Industrial Disputes Act, 1947 ('Act' for short...
Tag this Judgment!Shivakumar Vs. Premavathi
Court: Karnataka
Decided on: Nov-20-2003
Reported in: AIR2004Kant146; 2004(1)KarLJ194
Ram Mohan Reddy, J.1. The appellant-husband, unsuccessful in securing order for dissolution of his marriage with the respondent has preferred this appeal under Section 28 of the Hindu Marriage Act, 1955 (for short, 'the Act') calling in question the order dated 28-2-2003 passed in M.C. No. 1 of 1995 on the file of the Civil Judge (Senior Division), Judicial Magistrate First Class, Bhadravathi.2. Shivakumar the appellant and Premavathi the respondent were married sometime in the year 1981 at Yarehalli Village according to Hindu rites and customs. One son is born out of the wedlock. The appellant alleged that the respondent had developed an illicit intimacy with one Thimme Gowda, on the say of the persons in the locality. The appellant having curtailed the movements of the respondent, she left the matrimonial home and lodged a false complaint with the police, who after investigation filed a 'B' report. The challenge to the 'B' report resulted in the Magistrate taking cognizance of the ca...
Tag this Judgment!Smt. D.K. Tharadevi Siddhartha Vs. Dr. Vijaya Mallya and ors.
Court: Karnataka
Decided on: Nov-20-2003
Reported in: AIR2004Kant177; ILR2004KAR277
ORDERRangavittalachar, J 1. The Election Petitioner has filed this petition under Section 83 of the Representation of People Act, 1951 to declare the election of the 1st respondent to the Council of State as void and for a further declaration that the petitioner should be declared as the elected candidate in place of the 1st respondent.2. The Election Commission of India by a notification dated 7.3.2002, notified the number of seats to be filled up to the Rajya Sabha from the Council of States including from the State of Karnataka. As per the calender of events published, the last date for filing nomination papers was 14.3.2003, the scrutiny of the nomination papers was to be held on 15.3.2002, the last date for withdrawal of nomination was 18.3.2002 and the date of the elections was on 27.3.2002. The election petitioner herein and the 1st respondent filed their nominations to be elected as Rajya Sabha members from the State of Karnataka. When the nomination papers were taken up for sc...
Tag this Judgment!R. Narayanaswamy Reddy Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Nov-20-2003
Reported in: AIR2004Kant119
ORDERD.V. Shylendra Kumar, J.1. Though this matter is listed for hearing on Interlocutory application, with the consent of Counsel on both sides, is taken for hearing on the main matter as pleadings are completed and the learned Counsel are ready for addressing arguments on merits and the matter is heard for disposal,2. Petitioner in this writ petition has called in question the legality of orders passed by the third respondent Deputy Commissioner of Stamps & Headquarters Asst. to the District Registrar, Bangalore Urban, District, calling upon the petitioner to pay an additional stamp duty in a sum of Rs. 86,050/- as per an order dated 23-6-2000 passed under Section 45-A of the Karnataka Stamp Act, 1957 ('the Act' for short) (copy at Annexure-D) and the appellate order dated 6-3-2002 passed in S. A. P. 7/2001-02 by the Inspector General of Registration and Commissioner for Stamps i.e. the Chief Controlling Revenue Authority in Karnataka, the second respondent herein, affirming the orde...
Tag this Judgment!New India Assurance Company Vs. Smt. Veena Upadhya and ors.
Court: Karnataka
Decided on: Nov-20-2003
Reported in: 2005ACJ183; ILR2004KAR2036
Tirath S. Thakur, J.1. This appeal arises out of the Judgment and award made by the Additional Civil Judge (Senior Division) and Motor Accident Claims Tribunal, Udupi, whereby M.V.C. No. 579/88 has been allowed in part and a sum of Rs. 9,55,340/- with interest at the rate of 12% per annum awarded as compensation for the death of Sri. Narayan Upadhya in a road accident. The appellant-Insurance Company who has been held liable to pay the said amount in full has appealed to this Court for reduction of its liability on the ground that the said liability is in terms of the Policy issued in favour of the owner of the offending vehicle limited to Rs. 1,50,000/- only.2. Deceased Narayan Upadhya was working as an Assistant Manager of the Syndicate Bank and was posted at Uthara Hobli Branch of the said Bank. On 28th of April 1988, he was traveling on a two wheeler, with his wife and their minor child on the pillion. When the deceased reached a place near Kumargodu Village, a Van bearing registra...
Tag this Judgment!Smt. D.K. Tharadevi Siddhartha Vs. Electoral Registration Officer and ...
Court: Karnataka
Decided on: Nov-20-2003
Reported in: ILR2004KAR1245
ORDERH. Rangavittalachar, J. 1. The Election Commission of India by a notification dated 7.3.2002 notified elections to the Rajya Sabha from the Council of States including the State of Karnataka where four seats were required to be filled up. As per the calender of events the last date for filing the nomination was 14.3.2002, scrutiny of the nomination 15.3.2002, last date for withdrawal 18.3.2002 and the polls to be held if necessary, on 27.3.2002.2. The writ petitioner herein as a candidate from the Bharatiya Janatha Party and the 3rd respondent as an Independent Candidate, filed their nominations. When the nomination papers were taken up for scrutiny, writ petitioner objected for acceptance of the nomination of 3rd respondent on the ground that he is not an 'ordinary resident' of the constituency. The Returning Officer overruled the objection. Subsequently elections were held on 27.3.2002 and the 3rd respondent was declared elected. The petitioner has challenged the election of the...
Tag this Judgment!North West Karnataka Road Transport Corporation Vs. R.S. Wali
Court: Karnataka
Decided on: Nov-19-2003
Reported in: 2004(2)KarLJ479
ORDERN. Kumar, J.1. The petitioner-Corporation has challenged in this writ petition the award of the Labour Court which has set aside the order of dismissal passed by the Disciplinary Authority and imposed a penalty of stoppage of five increments with cumulative effect.2. The facts in brief are as under:The respondent was employed as conductor in the Belgaum Division of the petitioner-Corporation. On 27-6-1996 while on route C.B.T.-Kanabargi he was found not to have issued tickets to 12 passengers, the fare being Rs. 1.25 each. The Checking Inspectors levied penalty of 10 times fare upon the passengers and collected the penalty from the passengers. At the time when the checking squad checked the bus there were 58 passengers, one child and ten persons who are having passes. Out of these 58 passengers 12 had no tickets. Immediately, thereafter checking officials issued an offence memo to the workman which is duly acknowledged by him. The respondent has also affixed his signature to the p...
Tag this Judgment!Shanthabai Shivappa Agasar and ors. Vs. State of Karnataka, by Its Sec ...
Court: Karnataka
Decided on: Nov-19-2003
Reported in: ILR2004KAR2614
N.K. Patil, J.1. In these petitions the petitioners, assailing the correctness of theresolution dated 7th December 2001 on the file of the fourth respondentvide Annexure El, have presented these petitions. Further, they havesought for a direction, directing the respondents to implement the listof beneficiaries as per the resolution dated 28th August 2001 videAnnexure D and also sought for issuing a suitable writ or order ordirection as this Court deems fit in the facts and circumstances of thecase.2. The grievance of the petitioners in the instant Writ Petitions is that, the petitioners have been identified as beneficiaries for allotment of houses under the 'Ashraya Scheme' (hereinafter referred to as the 'Scheme') and accordingly, 'a resolution was passed by the Ashraya Committee on 28th August 2001 in its meeting held for distribution of the sites/houses to the site less/houseless persons for the year 2001-2002. In pursuance of the said resolution, the name of the petitioners were fo...
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