Karnataka Court June 2003 Judgments
Smt. B. Razia Razak Vs. the District Registrar, Prevention of Underval ...
Court: Karnataka
Decided on: Jun-12-2003
Reported in: AIR2003Kant486; ILR2003KAR3233; 2004(1)KarLJ629
ORDERShylendra Kumar, J. 1. Petitioner who had purchased two properties in respect of which the sale deeds had been presented for registration before the Sub-Registrar, Jayanagar, Bangalore, as on 9.8.2002 and in respect of which registration, further proceedings have been taken by the respondents, is now aggrieved by the orders dated 30th October 2002 vide Annexure-C & D, whereunder the 1st respondent District Registrar has directed the petitioner to pay a further sum of Rs. 14,480/- being the differential stamp duty payable in respect of the pending document No. 30/2002-2003 and a sum of Rs. 23,780/ - in respect of pending document No. 31/2002-2003 and has sought for quashing of these two orders/demands. 2. The petitioner had presented the two documents for registration on 9th August 2002. The Sub-Registrar, Jayanagar, before whom it was presented and who is the registering authority, was of the view that the true market value of the properties in question has not been stated in the ...
Tag this Judgment!The Managing Director, the North East Karnataka Road Transport Corpora ...
Court: Karnataka
Decided on: Jun-12-2003
Reported in: 2003(5)KarLJ150; (2003)IIILLJ1086Kant
S.B. Majage, J. 1. This appeal is filed by the appellant/Corporation, challenging the award passed by the Labour Court and order of the learned Single Judge in W.P. No. 5978 of 1999 in not interfering with that award.2. With consent of both sides, taken for final hearing and heard. It is submitted for the appellant/Corporation that the Tribunal has wrongly held charge as not proved even though, by the documents produced and marked in the case, proved the charge and the learned Single Judge has also failed to appreciate the same and consequently, interference is required. On the other hand, the learned Counsel for the respondent/workman supported the impugned order passed by the learned Single Judge. Perused the records carefully.3. Facts, which gave rise to the present appeal, are: The respondent, while working as conductor under the appellant, was subjected to domestic enquiry on the charge of not issuing tickets to 6 passengers despite collection of fare from them on 21-8-1992. On pr...
Tag this Judgment!Smt. Shantha Ramamurthy and ors. Vs. Kanika Raj and anr.
Court: Karnataka
Decided on: Jun-12-2003
Reported in: 2005ACJ1946; 2004(1)KarLJ386
1. This appeal arises out of an order passed by the Motor Accidents Claims Tribunal, Bangalore, whereby MVC No. 186 of 1992 has been allowed in part and a sum of Rs. 1,43,000/- with interest at the rate of 6% p.a. awarded as compensation for the death of late Sri P.K. Rama Murthy in a motor vehicle accident. The appellants/claimants pray for a suitable enhancement in the amount of compensation.2. The deceased Sri P.K. Rama Murthy was working as an employee of the Kirloskar Company. On the 20th of December, 1991, he was driving a two-wheeler on the West of Chord Road, Bangalore, when a motor-cycle bearing Registration No. CKR 2563 came from the wrong side and dashed against the two-wheeler of the deceased. On account of the impact of the collision, the deceased fell down and sustained multiple injuries. He was removed to K.C.G. Hospital at Bangalore for treatment where he died. In due course, the claimants who happen to be the widow of the deceased and his three children filed a claim p...
Tag this Judgment!Kenchawwa Vs. Amogonda and ors.
Court: Karnataka
Decided on: Jun-11-2003
Reported in: AIR2003Kant434; 2004(1)CTLJ161(Kar); ILR2003KAR2548
Rajendra Prasad, J. 1. Parties are referred with respect to their ranking as held in the lower Court in the course of this judgment for the purpose of convenience.2. This Regular First Appeal by the unsuccessful plaintiff filed under Section 96 of the C.P.C. is directed against the judgment and decree dated 13.9.1976 passed in O.S.No. 20/1975 on the file of the erstwhile Civil Judge, Bijapur, wherein the learned Civil Judge had dismissed the suit of the plaintiff for declaration and the relief of permanent injunction, challenging the legality and validity of the judgment impugned.3. At the outset, it should be mentioned that this Court, on 24/ 25.2.1988, had disposed of the appeal decreeing the suit of the plaintiff. Feeling aggrieved, the first defendant had carried the appeal to the Apex Court in Civil Appeal No. 8731/1994 arising out of S.L.P.(C) No. 6149/1988, and the Apex Court, vide its judgment dated 20.3.2002, had set aside the judgment and decree of this Court by allowing the ...
Tag this Judgment!Javare Gowda Vs. Additional Registrar of Co-operative Societies and or ...
Court: Karnataka
Decided on: Jun-11-2003
Reported in: ILR2004KAR148
ORDERN.K. Patil, J.1. The petitioner, assailing the legality and the validity of the order dated 2.11.2001 passed in Appeal No. D4/18/2001-02 by the 1st respondent vide Annexure - A and the order dated 7.9.2001 in No.JRM/B1/30/2000-01 passed by the 2nd respondent vide Annexure-B, has filed this Writ Petition.2.The petitioner was working as the President of the Mandya District Milk Producers Co-operative Union till his term come to an end. Thereafter, he is elected as a director of the 3rd respondent. When things stood thus, the 2nd respondent herein issued a show cause notice to the petitioner as to why he shall not be disqualified from being elected or continued as member of the committee as he incurs disqualification under Section 29(c)(8)(b) of the Karnataka Cooperative Societies Act. It is alleged that the implementation of revised pay scale to the employees of the Union is in violation of Rule 17 of Karnataka Co-operative Societies Rules 1960. In pursuance of the show cause notice...
Tag this Judgment!Smt. T. Jayamma and ors. Vs. Smt. Devamma and ors.
Court: Karnataka
Decided on: Jun-11-2003
Reported in: AIR2004Kant96; (2004)189CTR(Kar)178
K. Sreedhar Rao, J. 1. The appeal filed against the judgment and decree passed in RA 95/ 89 on the file of District Judge, Shimoga arising out of the judgment and decree passed in O. S. No. 118/81 on the file of Additional Civil Judge, Shimoga. The appellant is the third defendant in the suit. The first respondent plaintiff filed a suit for declaration of title and for possession of the properties from the defendants 1 and 2 in the suit. The respondent-2 is the legal representative of deceased first defendant and respondent-3 is the second defendant. The suit relates to a house property bearing No. 1417/1427/2648 situate in Shimoga city. The suit property was sold by the appellant in favour of the plaintiff under registered sale deed. The defendants 1 and 3 were in occupation of the house. The defendant No. 1 is the sister of the appellant. After purchase, the plaintiff filed a suit for declaration of title and for possession. The defendants 1 and 2 took up a contention that the third ...
Tag this Judgment!Chandrappa Vs. D. Duggappa
Court: Karnataka
Decided on: Jun-11-2003
Reported in: ILR2004KAR1056
ORDERA.V. Srinivasa Reddy, J.1. The petitioner - tenant has presented this petition being aggrieved by the order of the Court-below setting aside the order dated 11.3,1996 passed by the Prl. Munsiff, Chitradurga dismissing the petition filed by the respondent - landlord for eviction under Section 21(1)(a)(h) and (i) of the Karnataka Rent Control Act, 1961 ('the repealed Act' for short) and allowing the petition filed by the respondent-landlord under Section 21(1)(h) of the repealed Act.2. There is no revision by the respondent -landlord against the dismissal of the petition filed by him under Clauses (a) and (i) of the repealed Act.3. For the sake of convenience, in the course of this order, the parties are referred to as landlord and tenant.4. The landlord filed the eviction petition under Section 21(1)(a) (h) (i) of the Karnataka Rent Control Act, 1961 on the ground that he was working as a teacher in Bommenahalli village and was residing there in a rented house and he intends to shi...
Tag this Judgment!Ravindra Vs. the Assistant Registrar of Co-operative Societies and anr ...
Court: Karnataka
Decided on: Jun-11-2003
Reported in: ILR2004KAR2362
ORDERN. K. Patil, J.1. The petitioner assailing the order dated 31.3.2003 in No. AR40:RSR:Administration: TMP:04:2003-04 passed by the 1st respondent vide Annexure -A, has filed this Writ Petition.2. The petitioner is the President of the Board of Management of the Society. He was elected as Director of the 2nd respondent - Society in the election held to the Board of Management on 6.3.1999. Thereafter, the election to the post of President was held on 16.3.1999 in which he has been elected as President of the Society. Ever since, he has been continuing in the said post. The further case of the petitioner is that the election to the Board of Management was held on 6.3.1999 and the directors elected in the said meeting have right to continue in the office for a period of 5 years. In view of the same, the petitioner and his committee are entitled to continue in the office for a period of 5 years commencing from March, 1999 and the term will expire only in March 2004. In view of these fac...
Tag this Judgment!Shimoga Zilla Madivala Sangha and anr. Vs. the District Registrar, for ...
Court: Karnataka
Decided on: Jun-10-2003
Reported in: ILR2003KAR2906; 2003(6)KarLJ153
ORDERRangavittalachar, J.1. The ' Shimoga Zilla Madivala Sangha' by its President and the Secretary have filed this Writ Petition challenging the order of the District Registrar of Societies, Shimoga vide Annexure F dated 23-2-2000 recalling his earlier order passed by him on 24.10.1998 in exercise of his powers u/s 7 of Karnataka Societies Registration Act, 1960 (Hereinafter referred to as THE ACT for brievity) 2. Few facts relevant for disposal of this Writ Petition are as under:The President and several other Members of the 'Shimoga Zilla Madivala Sangha' constituted a society called as 'Shimoga Zilla Madivala Maha Sangha' respondent No. 2 herein which was registered with Registration No. 18/73-74. During the year 1998 disputes arose between the members of the said society, as a result some of the members of the said society including the present President and the Secretary of Petitioner's Society resigned and formed a parallel society under the name of 'Shimoga Zilla Madivala Sangh...
Tag this Judgment!Smt. Jayamma Vs. the Commissioner of Excise in Karnataka and ors.
Court: Karnataka
Decided on: Jun-09-2003
Reported in: 2003(5)KarLJ272
ORDERN.K. Patil, J.1. The petitioner is assailing the legality and the validity of the impugned orders vide Annexure-D passed by the 3rd respondent dated 14-6-2002 in No. DTCR 468 of 2001-02, Annexure-E passed by the 1st respondent dated 7-9-2002 in No. ECS 27 APP 2002 and Annexure-F, dated 20-12-2002 in No. 662 of 2002 passed by the Karnataka Appellate Tribunal.2. The petitioner is the CL-2 licensee and was engaged in the business of carrying on the business of retail sale of liquor at Karenahally Village of Hassan District. She was granted with the licence for the excise year 2001-2002. On 31-1-2002, the Sub-Inspector of Excise, Hassan Range, Hassan, gave a surprise visit to the petitioner's premises and found that the servants of the petitioner were manufacturing the illicit liquor and that even though there was no permit obtained for importing of the liquor, the Raja Whisky of 180 ml was found with the manufacturing date as 21-1-2002 and thereby 10,800 litres of liquor was locked i...
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