Karnataka Court March 2003 Judgments
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North-west Karnataka Road Transport Corporation Vs. K.S. Raghunathappa
Court: Karnataka
Decided on: Mar-25-2003
Reported in: [2003(97)FLR1178]; 2003(3)KarLJ176; (2003)IILLJ989Kant
S.B. Majage, J.1. The appellant-Corporation has challenged the award passed by the Labour Court at Hubli and also the order of the learned Single Judge in not interfering with that award.2. The respondent, though served with notice, remained absent and unrepresented. So, heard the learned Counsel for the Corporation only. It is submitted for the Corporation that though domestic enquiry conducted against the respondent was held as fair and proper, on some untenable grounds, the Tribunal wrongly held that the charge against the respondent was not proved, but the learned Single Judge did notappreciate the same and hence, interference by this Court is necessary. Perused the records carefully.3. Facts giving rise to this appeal are.--The respondent, while working as conductor under the appellant-Corporation, was subjected to domestic enquiry on the charge that he had not issued tickets to 6 passengers travelling from Shimoga to Holalkere on 22-10-1988 despite collection of fare at Rs. 2.50 ...
R.L. Raghunatha Reddy Vs. University of Agricultural Sciences and ors.
Court: Karnataka
Decided on: Mar-25-2003
Reported in: 2003(3)KarLJ400
ORDERH. Rangavittalachar, J.The writ petitioner who was unsuccessful in securing a seat for studying in Ph.D. course in the subject Soil Science and Agricultural Chemistry, in the University of Agricultural Sciences, 1st respondent (hereinafter referred to as 'University' for brevity), for the academic year 2002, has filed this petition challenging the admission of the 2nd respondent to Ph.D. course in the said subject as illegal.2. Briefly stated, the facts are as under:The University by its notification dated 9-9-2002 - Annexure-B invited applications for admission to various post-graduate degree programs including Ph.D. courses, in various disciplines for the academic year 2002-2003. Petitioner was an M.Sc. graduate having passed on 30-1-2002 was one among the several applicants. For selection of suitable candidates, the University held counselling on 8-11-2002. According to petitioner, though he secured 72.05 marks, at the counselling, was denied a seat and the 2nd respondent thoug...
The Management of Tungabhadra Steel Products Limited Vs. A.B. Patil an ...
Court: Karnataka
Decided on: Mar-25-2003
Reported in: 2004(3)KarLJ380; (2004)IIILLJ185Kant
S.R. Nayak, J.1. The management of Tungabhadra Steel Products Limited, Hospet, being aggrieved by the order of the learned Single Judge dated 18th December, 1998 in The Management of Tungabhadra Steel Products Limited, Hospet, Bellary District v. A.B. Patil and Anr., ILR 1999 Kar. 4006 has come up with this writ appeal. The learned Single Judge by the order under appeal has refused to interfere with the award passed by the Labour Court, Hubli.2. The events leading to the filing of the writ appeal be noted briefly as under:The appellant-Company is a Company engaged in fabrication of specialised material in the construction of radial gates and other materials for the dams. The Company undertakes the work of erection of gates etc., at various places in the country, including in the State of Karnataka. When the Company had undertaken project work at Anjuman in the State of Goa in the year 1985, it engaged the services of Sri A.B. Patil, the 1st respondent herein and certain others as casua...
Mohammad Jaffar and ors. Vs. Munafsab
Court: Karnataka
Decided on: Mar-24-2003
Reported in: ILR2003KAR1559; 2003(3)KarLJ316
K. Bhakthavatsala, J.1. This is plaintiffs' regular second appeal filed under Section 100 of Code of the Civil Procedure, directed against judgment and decree dated 13-7-1999 passed in R.A. No. 77 of 1995 on the file of II Additional District Judge, Dharwad, reversing the judgment and decree dated 20-9-1995 passed in O.S. No. 3 of 1994 on the file of Civil Judge (Senior Division), Haveri. 2. Though notice was issued to the respondent by RPAD, the same was returned with an endorsement, stating that the defendant refused to receive the RPAD. 3. When the case was listed for admission, the learned Single Judge of this Court, on 30-5-2000, admitted the appeal on the following substantial question of law.-Whether the Appellate Court was correct in law in directing the appellant-plaintiff to approach the Rent Court for eviction even though respondent-defendant denied title of the appellant to the suit property and his relation with him as a tenant? 4. The records of the lower Court and first ...
S.R. Hanumanthaiah Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Mar-24-2003
Reported in: AIR2003Kant364
Saldanha, J.1. We have heard the appellant's learned Counsel as also the learned Counsel who represents the bank, the contesting respondents and the learned GA on merits .2. An interesting submission has been canvassed by the appellant's learned Counsel whereby he has assailed the decision of the learned single Judge which has gone against him. The appellant contested to the post of Director of the Board of the Town Co-operative Bank Ltd. Sira Town. There was a provision that out of the 13 Directors, there was an effective reservation for one Director to come from the category of ladies and secondly that one Director was required to be from the reserved category. Admittedly, the present appellant had filed his nomination from the reserved category because he belonged to the ST category. In the polling that ensued, appellant secured 1107 votes but it so happened that respondent No. 4, Prabhu who also contested on the reserved category secured 1234 votes. Accordingly, the respondent No. ...
Smt. Husenbi SadroddIn Shaiakh Vs. Cantonment Board, by Its Executive ...
Court: Karnataka
Decided on: Mar-21-2003
Reported in: AIR2003Kant281; ILR2003KAR1935; 2003(4)KarLJ241
Srinivasa Reddy, J. 1. In this appeal under Section 100 C.P.C. the appellant-plaintiff calls in question the judgment and decree of the 1st Addl. Civil Judge (Sr.Dn.) at Belgaum in RA.No. 203/1996 affirming the judgment and decree dated 4.11.1996 passed by the Prl.Munsiff at Belgaum in O.S.No. 56/1994 dismissing the suit filed by the plaintiff.2. The plaintiff filed the suit praying for permanent injunction against the defendant - Board restraining the Board from acting upon the notice issued by it under Section 256 of Cantonments Act, 1924 ('the Act' for short) on the ground that the Board was not entitled to initiate action under Section 256 of the Act as the appellant-plaintiff had not violated any of the provisions of the Act. The defendant-Board opposed the claim of the plaintiff on the ground that the action taken by the Board was quite in accordance with law. The learned Munsiff framed the following issues as arising for its consideration:1. Whether plaintiff proves that she has...
Vinaya R. Kamath Vs. Anupama Kamath and anr.
Court: Karnataka
Decided on: Mar-21-2003
Reported in: AIR2003Kant366; IV(2004)BC510; [2004]118CompCas117(Kar); 2003(3)KarLJ415
ORDERA.V. Srinivasa Reddy, J.1. In this revision under Section 115 of the CPC, the petitioner (defendant 1) calls in question the legality and correctness of the order dated 19-8-2002 passed by the Principal Civil Judge (Senior Division) at Udupi in M.A. No. 23 of 2001 reversing the order dated 9-7-2001 in O.S. No. 248 of 1992 passed by the II Additional Civil Judge (Junior Division) at Udupi, produced as Annexure-A to the petition.2. The plaintiff initially filed the suit for the relief of permanent injunction restraining the defendant 1 from operating the safety locker No. 78 opened at Canara Bank, Town Branch, Udupi and later also included the relief of declaration that the plaintiff is the exclusive owner of the articles in the locker with the defendant-Bank. The plaintiff is the wife of the first defendant, the petitioner herein. After marriage she stayed with her husband for three months and later due to differences among them she is staying separately. The safety locker is opene...
The Arogyanagar Co-operative Housing Society Ltd. and anr. Vs. Fakirag ...
Court: Karnataka
Decided on: Mar-21-2003
Reported in: ILR2004KAR1445
ORDERB. Padmaraj, J.1. Though the matter is listed for Admission, with the consent of both sides, the Revision Petition itself is taken up for final disposal and the same is accordingly disposed of by this Order.2. Heard the arguments of the learned Counsel for the petitioners as well as the learned Counsel for the Respondents No. 1 and 2 at a considerable length and carefully perused the entire case papers including the judgments of both the Courts below.3. This Revision Petition by the defendants is directed against an order made by the Lower Appellate Court reversing the Order made by the Trial Court on I.A. No. 1. According to the Trial Court, the suit filed by the Respondent/plaintiffs is bad for non-issue of notice under Section 125 of the Karnataka Co-operative Societies Act and accordingly it ordered for the return of the plaint. The Lower Appellate Court having reversed that Order of the Trial Court, the defendants are in revision before this Court.4. Learned Counsel for the p...
M.H. Gawali Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Mar-20-2003
Reported in: 2003(3)KarLJ107
ORDERH.L. Dattu, J.1. Petitioner claims that he is the President of Sri Basaveshwara Urban Co-operative Bank Limited, Ranebennur, Haveri District. The Bank is registered under the provisions of Karnataka Co-operative Societies Act, 1959 ('Act' for short).2. The expression 'Co-operative Bank' finds a place in the dictionary clause of the Act. It means, a Co-operative Society doing the business of banking.'Co-operative Society' is also defined to mean a society registered or deemed to be registered under the Act.3. The brief history of the case.--On 11-3-2000, elections were held to elect the managing committee of the aforesaid Co-operative Society for a period of five (5) years commencing from 2001-02, 2002-03, 2003-04 and 2004-05 (co-operative years). In the said elections, ten (10) members were elected for the committee of the management of the Co- operative Society.4. An unsuccessful candidate in the elections held, had filed a dispute before the Deputy Registrar of Co-operative Soci...
Channabasappa Yallappa Karaddi Vs. Hanamappa Channabasappa Karaddi
Court: Karnataka
Decided on: Mar-20-2003
Reported in: ILR2003KAR1507; 2003(3)KarLJ584
ORDERBannurmath, J.1. Heard the learned Counsel for the petitioner and the contesting respondent.2. The petitioner/defendant No. 1 in O.S.No. 202/2002 filed I.A.No. VI under Order 18 Rule 16 read with Section 151 of CPC for getting himself examined out of turn. The said suit is filed by the respondent/plaintiff praying for decree for partition and separate possession against the petitioner (father), mother and sister. The petitioner/defendant has opposed the prayer by filing written statement inter alia taking one of the grounds of prior partition in the year 1953.3. In this suit, the petitioner has come up with the aforesaid application inter alia contending that he is aged 84 years, he is suffering from heart ailment and low blood pressure and as he is uncertain of his life, wants to get examined himself at the earliest before the death strikes him.4. This application was opposed by the plaintiff/respondent inter alia contending that the application is not true or bona fide and is al...
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