Karnataka Court June 2003 Judgments
Smt. Sonavva Vs. Mahadeo and ors.
Court: Karnataka
Decided on: Jun-20-2003
Reported in: AIR2004Kant187; ILR2003KAR2483; 2003(5)KarLJ282
ORDERRajendraprasad, J.1. This Civil Revision Petition filed under Section 115 of C.P.C. by the plaintiff is directed against the order dated 4.1.2003 passed in O.S.No. 345/1999 on the file of the Prl. Civil Judge (Sr. Dn.), Jamakhandi, wherein the lower Court had directed the plaintiff to ascertain his share in the compensation amount and to pay Court fee within one month, challenging the legality and propriety of the same.2. The Court has heard the arguments of both sides and has perused the material on record.3. The learned Counsel for revision petitioner strenuously contended that the material on record clearly shows that the order impugned is illegal and improper. The suit of the plaintiff was for partition of his definite share in the suit property and the suit had been valued under Section 35(2) of the Karnataka Court Fees & Suits Valuation Act ('the Act' for short) and fixed Court fee had been paid accordingly. The learned Counsel further contended that the Trial Court was not ...
Tag this Judgment!Urukundi Vs. Senior Divisional Manager, Life Insurance Corporation
Court: Karnataka
Decided on: Jun-20-2003
Reported in: ILR2003KAR2898; 2003(5)KarLJ205
ORDERDattu, J.1. The respondent - Divisional Office of the Life Insurance Corporation of India ('the Corporation' for short) had invited applications for appointment to the posts of Typists and Sub-staff for its Raichur divisional office. In this Writ Petition we are only concerned with the appointments made to the post of Sub-Staff in the Corporation. In the employment notice, the qualification that was prescribed for the post of Sub-staff is that, the applicant should have passed IX standard examination and the candidates who have passed SSLC examination with less than 55% of marks in the aggregate were also permitted to participate in the selection process. 2. Petitioner who is a graduate, had stalked his claim by filling up the prescribed proforma application and filing the same before the respondent - Corporation Copy of the application is produced by the respondent - Corporation along with their statement of objection. The application requires to be filled by the applicants in th...
Tag this Judgment!Sri Samaja Seva Sahakari Bank Niyamit Banwal Vs. the Deputy Registrar ...
Court: Karnataka
Decided on: Jun-20-2003
Reported in: ILR2003KAR3240
ORDERPatil, J.1. The petitioner - Sri Samaja Seva Sahakari Bank Niyamit (hereinafter referred to as 'Bank'), questioning the correctness of the other dated 13th May 2002/2/2003 in No DRP/S8/AMD/UBC/3/ 2002-03 passed by the Deputy Registrar of Co-op Societies, Dakshina Kannada District, Mangalore vide Annexure A, has presented this writ petition. 2. The learned counsel appearing for the petitioner - Bank submitted that the suomotu proceedings initiated by the respondent is contrary to sub-section (5) and (6) of Section 12 of the Karnataka Co-operative Societies Act ('Act' for short) to Substantiate his submission he referred to Section 12(5) and 12(6) of the Act. By a reading of Section 12(6) of the Act, it is clear that a registrar, may after giving the co-operative society an opportunity of being heard, pass the order. In the instant case, after careful perusal of the order passed by the respondent, it does not show anywhere that the authority has given an opportunity of hearing to th...
Tag this Judgment!Nanjappa Vs. Maimanna (Deceased) by L.Rs and ors.
Court: Karnataka
Decided on: Jun-20-2003
Reported in: 2003(5)KarLJ162
ORDERM.F. Saldanha, J. 1. I have heard the petitioner's learned Advocate at length. His principal submission is based on two decisions : AIR2003Kant148 and Prem Bakshi and Ors. v. Dharam Dev and Ors.), whereby he contends that the rejection of the application dated 17-2-2003 filed by the present petitioner who is the defendant 2 to lead evidence has been rejected and that this would constitute decision of the suit without affording an opportunity to the 2nd defendant to lead evidence. First of all, the facts and circumstances in the two decisions cited before me are different and those principles will not assist the petitioner in this case.2. The suit is of the year 1980. The learned Trial Judge points out that it is one of the oldest proceedings pending in the Court being 23 years old. He also points out that this defendant was originally served in 1979 itself. The petitioner's learned Advocate submits that at one stage the defendant was wrongly placed ex parte and that there were sev...
Tag this Judgment!Centre for Development of Telematics (C-dot) Vs. Wg.Cdr. H.R. Parthasa ...
Court: Karnataka
Decided on: Jun-19-2003
Reported in: ILR2003KAR3390
Vishwanatha Shetty, J. 1. The appellant in this appeal has called in question the correctnessof the order dated 3rd August 2000 made in Writ Petition No. 30751of 1995.2. The respondent in this appeal is a former Wing Commanderin the Indian Airforce. On his retirement, his services were taken oncontract basis by the appellant by means of an appointment orderdated 29th September 1992, a copy of which has been producedas Annexure-B to this appeal. Along with the appointment order, theterms and conditions of the appointment were also issued to therespondent, a copy of which has been produced as Annexure-A tothis appeal. While paying the salary to the respondent in terms ofthe order of Appointment, the appellant deducted the amountequivalent to the pension paid to the respondent on his retirementfrom service from the Indian Air force. Aggrieved by the said actionof the appellant, the respondent filed Writ Petition No. 30751 of 1995before this Court out of which this appeal arises. In the im...
Tag this Judgment!State of Karnataka Vs. Shivaputrappa Basavannappa and ors.
Court: Karnataka
Decided on: Jun-19-2003
Reported in: I(2004)DMC635; ILR2003KAR3576
Saldanha, J. 1. We have heard the appellant's learned Counsel as also the learned Counsel who represents the respondents-accused. This is a case in which deceased Renuka who was a young wife sustained 80% burns in her house on the afternoon of 28.12.1994 at about 3.30 p.m. She has died pursuant to these burn injuries and the police have prosecuted the respondent-husband on the usual charges on the ground that this is a dowry death case. The prosecution allegation is that the accused had demanded 1 Tola of gold, that PW.1 who is the father of the deceased Renuka and who is a very poor person was not in a position to give this 1 tola of gold and secondly, it is alleged that the accused ill-treated his wife because of the non-securing of the dowry in order to pressurise her family into providing it and since this did not materialise that he set fire to her clothes and killed her. The Trial Court has acquitted the accused virtually for want of evidence and the State has filed the present a...
Tag this Judgment!Centre for Development of Telemetrics (C-dot) Vs. Wg. Cdr. H.R. Partha ...
Court: Karnataka
Decided on: Jun-19-2003
Reported in: 2003(6)KarLJ95
1. The appellant in this appeal has called in question the correctness of the order dated 3rd August, 2000 made in Writ Petition No. 30751 of 1995.2. The respondent in this appeal is a former Wing Commander in the Indian Air Force. On his retirement, his services were taken on contract basis by the appellant by means of an appointment order dated 29th September, 1992, a copy of which has been produced as Annexure-B to this appeal. Along with the appointment order, the terms and conditions of the appointment were also issued to the respondent, a copy of which has been produced as Annexure-A to this appeal. While paying the salary to the respondent in terms of the order of appointment, the appellant deducted the amount equivalent to the pension paid to the respondent on his retirement from service from the Indian Air Force. Aggrieved by the said action of the appellant, the respondent filed Writ Petition No. 30751 of 1995 before this Court out of which this appeal arises. In the impugned...
Tag this Judgment!M. Ramachandrachar Vs. the Registrar, University of Agricultural Scien ...
Court: Karnataka
Decided on: Jun-18-2003
Reported in: ILR2003KAR2655; 2003(5)KarLJ441
ORDERVishwanatha Shetty, J. 1. The petitioner, who was working as a Dairy Plant Assistant in the Dairy Science College, Hebbal, Bangalore in the 1st respondent -University of Agricultural Sciences, G.K.V.K., Bangalore (hereinafter referred to as 'the University') has in this petition prayed for quashing of the order dated 20th December 2001, a copy of which has been produced as Annexure-A to this petition, notifying him that he would attain the age of superannuation on 30th June 2002; and for a further direction to the University to implement the Judgment and decree dated 28th February 2002 made in O.S. No. 6985 of 1998 by the Court of the XVI Additional City Civil and Sessions Judge at Bangalore by declaring that his correct Date of Birth was 10th June 1948 as against 10th June 1942 recorded in the Service Register; and to continue him in the service of the University till 10th June 2008. 2. Sri Devadass, learned Counsel appearing for the petitioner, in support of the relief sought fo...
Tag this Judgment!Suryakanth Vs. State of Karnataka, Through Sub-inspector of Police
Court: Karnataka
Decided on: Jun-18-2003
Reported in: 2003CriLJ3562; II(2004)DMC832; ILR2003KAR2720; 2003(5)KarLJ373
Veerabhadraiah, J.1. The appellant-accused being aggrieved of the conviction and sentence passed in S.C. No. 63/89 by the Additional Sessions Judge, Bidar for the offence under Section 306 IPC sentencing him to undergo R 1 for a period of 3 years and to pay a fine of Rs. 2,000/ and in default of payment of fine to undergo R I for a further period of 6 months has come up with this appeal.2. The case of the prosecution in brief are as follows:The deceased Sangamma was staying with her mother P. W. 1, Bakkamma at Mustari village as the husband had deserted her. On 22. 6.1988, the deceased Sangamma committed suicide by jumping into the well situated in the garden land of one Gunderao Kulkarni in Mustari village as the accused attempted to outrage her modesty 8 day prior to that date P W 1, Bakkamma proceeded to Chituguppa Police Station and lodged a complaint on 23.6.1988 as per Ext. P. 1 with P.W. 12, Prabhudas. A case was registered in Crime No 52/88 for the offence under Section 306 IPC...
Tag this Judgment!State by Kalasipalyam Police Vs. Sadiq Pasha Alias Syed Pasha Alias Sa ...
Court: Karnataka
Decided on: Jun-18-2003
Reported in: 2003(5)KarLJ160
M.F. Saldanha, J. 1. We have heard the learned Government Advocate on merits only with a view to ascertain as to whether any useful purpose will be served by retaining this appeal on file.2. More than one year has passed since the notice was issued and we must say to the credit of the office of the learned Government Advocate and the concerned Police, that as many as nine attempts have been made to trace out the accused and to serve the notice on him. The efforts indicate that the accused is a known anti-social element, the Police have used the word 'vagabond' and that he has no fixed place of residence, that despite diligent enquiries, the Police were not able to trace him and that it does appear from the investigations that he has left Bangalore and gone to Bombay. Efforts were made through their counterpart but the Bombay Police have not been able to either apprehend the accused or serve notice on him. Under these circumstances, no useful purpose will be served by retaining the appe...
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