Karnataka Court July 2003 Judgments
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Divakar Vs. the Commissioner for Registration of Stamps and ors.
Court: Karnataka
Decided on: Jul-14-2003
Reported in: ILR2003KAR3495; 2003(6)KarLJ181
ORDERShylendra Kumar, J.1. Petitioner had sought for issue of what is known as deed Writers' Licence in his favour by making an application to the Licensing Authority under the provisions of the Karnataka Registration (Deed Writers Licence) Rules, 1979. The request on behalf of the petitioner having been declined by the District Registrar for Stamps, Shimoga District, Shimoga as per endorsement dated nil copy at Annexure K petitioner has approached this Court for quashing of this endorsement and for issue of writ in the nature of mandamus to the 2nd respondent. Inspector General of Stamps in Karnataka to hold an examination as contemplated under Rule 19 of the Rules, non qualification of the petitioner under which Rules has been held against him for denying Deed Writers' Licence.2. Sri M.R. Rajagopal, learned Counsel for the petitioner submits that it is not fair or proper on the part of the 3rd respondent to have refused to issue him with licence when the authorities themselves have n...
Krishna Vs. Sanjeev
Court: Karnataka
Decided on: Jul-14-2003
Reported in: ILR2003KAR3716
ORDER 13 RULE 4(1)--Prescribes that there shall be an endorsement on every document which has been admitted in evidence in the suit--Can such endorsement be considered sufficient to hold that the document has been admitted. Held--The endorsement shall be signed and initiated by the Judge. The document lacking the last requirement cannot be said to be admitted in evidence. The mere fact that the endorsement on the document as required under Order 13 Rule 4 CPC has been made should not in every case be considered sufficient to hold that the document has been admitted.Placing the Judge's initials on a document by a third person by means of a rubber stamp cannot amount to initialing by the judge. (D) CIVIL PROCEDURE CODE, 1908 (CENTRAL ACT NO. 5/1908) - Meaning of production of document, admitting the said document in evidence, marking of the said document which is admitted in evidence and proof of such document. Held--At the time of admitting the documentin evidence it is open to the oppo...
A. Vasanth Kumar Vs. State by Chickmagalur Town Police
Court: Karnataka
Decided on: Jul-14-2003
Reported in: 2003(5)KarLJ505
N.S. Veerabhadraiah, J.1. This appeal is by the accused being aggrieved of the judgment of conviction and sentence passed in S.C. No. 52 of 1994 by the learned Additional District and Sessions Judge, Chickmagalur, dated 11-11-1997 convicting the accused for the offence under Section 306 of the IPC sentencing him to undergo simple imprisonment for a period of 4 years and to pay a fine of Rs. 2,000/- and in default of payment of fine, to undergo simple imprisonment for 3 months.2. The case of the prosecution in brief is as follows:The accused Vasanth Kumar was working as a writer in Gavanahalli Nanda Kumar Slate Frame Cutting Saw Mill, whereas the deceased Shanthi was also working as a labourer therein and she was residing with her parents and a child by name Asha. The accused developed intimacy with the deceased and she gave birth to a child and both were residing at Rampura, which is by the side of Gavanahalli. In the meanwhile, the accused secured a Government job at Bantwal and visit...
A. Vasanth Kumar Vs. State of Karnataka
Court: Karnataka
Decided on: Jul-14-2003
Reported in: 2003CriLJ4354; ILR2003KAR3452
Veerabhadraiah, J.1. This appeal is by the accused being aggrieved of the Judgment of conviction and sentence passed in S.C.No 52/94 by the learned Additional District and Sessions Judge, Chickmagalur dated 11.11.1997 convicting the accused for the offence under Section 306 IPC sentencing him to undergo S.I. for a period of 4 years and to pay a fine of Rs.2,000/- and in default of payment of fine, to undergo simple imprisonment for 3 months.2. The case of the prosecution in brief is as follows:The accused Vasanth Kumar was working as a writer in, Gavanahalli Nanda Kumar Slate Frame Cutting Saw Mill, whereas the deceased Shanthi was also working as a labourer therein and she was residing with her parents and a child by name Asha. The accused developed intimacy with the deceased and she gave birth to a child and both were residing at Rampura, which is by the side of Gavanahalli. In the meanwhile, the accused secured a Government job at Bantwal and visiting the house of the deceased frequ...
State of Karnataka and anr. Vs. Prabhakar Reddy
Court: Karnataka
Decided on: Jul-14-2003
Reported in: 2004(2)ARBLR150(Kar); 2004(2)KarLJ67
Tirath S. Thakur, J.1. The short question that arises for consideration in this appeal is whether a valid arbitration agreement exists between the parties so as to call for a reference to the Arbitrator for adjudication of the disputes between them. The question is concluded by the decision of the Supreme Court in State of Uttar Pradesh v. Tipper Chand, : AIR1980SC1522 and that of this Court in State of Karnataka v. Sudhakar Reddy and Ors., M.F.A. Nos. 1552, 1553 and 1973 of 1993, DD: 13-12-1994. The Supreme Court as also this Court have interpreted a similar clause appearing in the agreement executed between the parties in those cases and held that the same did not constitute an arbitration agreement so as to warrant the reference of the disputes to the Arbitrator for adjudication. The question arises in the following backdrop.2. The respondent is a Class-I Contractor registered in Public Works Department of the Government of Karnataka. A certain civil work relating to the constructio...
The State Vs. Mahaboobali Alias Mahaboob and ors.
Court: Karnataka
Decided on: Jul-14-2003
Reported in: 2003CriLJ4145
M.F. Saldanha, J.1. We have heard the learned Addl. SPP on merits. First of all, the submission is that in a serious case of rioting and causing injury, invoking a charge under Section 307, IPC, is, attempt to murder, that the' conviction is only under Section 324 r/w 149, IPC and that the trial Court has invoked the provisions of Section 4 of Probation of Offenders Act and let off the accused with a warning. Prima facie, the case did require reconsideration, but having regard to the status of the accused, we have decided to ascertain as to whether the evidence on record would justify a variation of the order before issuing notice.2. After hearing the learned counsel on merits, what we find is that even though the charge framed were serious the trial Court was fully justified in recording a conviction only under Section 324, IPC because the injury was minor. The learned Addl. SPP submitted that the consequence could have been grave, because a deadly weapon was used. In our considered v...
The Asst. Commissioner and Lao and ors. Vs. Mahabaleshwar Batu Naik an ...
Court: Karnataka
Decided on: Jul-11-2003
Reported in: ILR2003KAR3057
Tirath S. Thakur, J.1. Common question of fact and law arise for consideration in all these appeals filed by the Karnataka Housing Board ('KHB' for short) and the Land Acquisition Officer, against different orders made by the Court of Additional Civil Judge (S. Dvn,) Karwar, whereby the amount of compensation payable to the respondents-land owners has been enhanced from Rs 1,625/- per guntas to Rs 9,200/- per guntas. The controversy arises in the following backdrop:2. A large extent of land measuring 74 acres situate in different survey Numbers of village Baad I of Karwar Taluk was notified for acquisition in terms of a preliminary notification dt 18.2.1982. The purpose underlying the acquisition was the formation of a housing layout by the KHB. The LAO in due course made and published an award determining the compensation payable to the land owners at the rate of Rs 1,625/- per guntas on a uniforms basis. Not satisfied with that amount, the owners secured references under Section 18 o...
Smt. Latha G. Krishna Vs. the Returning Officer, Dasarahalli City Muni ...
Court: Karnataka
Decided on: Jul-11-2003
Reported in: ILR2003KAR3402
Tirath S. Thakur, J.1.This Miscellaneous First Appeal calls in question the correctness of an order passed by the VIth Addl City Civil Judge at Bangalore, whereby E.P.No. 12/2001 filed by the appellant before the said Court has been dismissed on the ground that the same has not complied with the provisions of Rule 69 of the Karnataka Municipalities (Election of Councilors) Rules, 1977.2. Election to ward No. 34 of Municipal Council Dasarahalli was held on 23-7-2001. 7 candidates were in the fray including the appellant and respondent No.4 the latter having been eventually declared elected. Election Petition No 12/2001 was filed by the appellant before the VI Addl. City Civil Judge, Bangalore, challenging the validity of the election of respondent No. 4 on the ground that she was not qualified to contest the election against the seat reserved for backward class candidates since her husband was an income tax assessee. During the pendency of the said petition, an application under Order 7...
imam Hussainsab and ors. Vs. State of Karnataka and anr.
Court: Karnataka
Decided on: Jul-11-2003
Reported in: 2003(5)KarLJ391
ORDERM.S. Rajendra Prasad, J.1. Though the matter is listed for admission, by consent of parties, the same is heard on merits and disposed of by the following order.2. This petition by the accused tiled under Section 482 of the Cr. P.C. is directed against the order dated 2-12-2002 passed in Cri. R.P. No. 162 of 2001 on the file of the II Additional Sessions Judge, Dharwad, wherein the learned Sessions Judge had dismissed the revision petition and confirmed the order of the learned Magistrate dated 2-6-2000 passed in C.C. No. 223 of 2000, in taking cognizance against the petitioners for the offences under Sections 323, 324, 447 and 504 read with Section 34 of the IPC, challenging the legality and propriety of the proceedings.3. The Court has heard the arguments of both sides.4. The learned Counsel for petitioners strenuously contended that the material on record clearly shows that the complaint presented before the learned Magistrate was barred by time and the learned Magistrate could ...
Mohammed Raji and ors. Vs. Ministry of Health and Welfare, by Its Secr ...
Court: Karnataka
Decided on: Jul-11-2003
Reported in: ILR2003KAR3726
ORDERShylendra Kumar, J. 1. Petitioners claim that they are all diploma holders in what is known as Vocational Curriculum for +2 Basic Heath workers (Male).It is the case of the petitioners that the Government of Karnataka is conducting such vocational courses and the petitioners have undergone such course and they have been conferred with such diploma. The object of such course is to train candidates who can create awareness in health and hygienic conditions in rural areas for taking preventive measures to prevent the spread of communicable diseases and generally to improve the living standard of people by educating about the health and hygienic aspects. It is claimed that the petitioners are also trained for treating minor ailments, recognition of medical emergencies in remote rural areas, where even basic medical facilities are not available or there do not exist any regular medical centres for attending to the minor health conditions of such people in such remote areas and are capa...
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