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Karnataka Court August 2003 Judgments

Aug 05 2003

K. Indukumar Vs. G.M. Ravindra and ors.

Court: Karnataka

Decided on: Aug-05-2003

Reported in: ILR2003KAR3796; 2003(5)KarLJ6

1. Appellant-respondent 7-K Indukumar, has filed this writ appeal against the order passed in W.P. No. 31997 of 2001, dated 22-3-2002, whereby the learned Single Judge directed to withdraw the letter of intent issued to him and also to issue letter of intent in favour of the candidate next in the merit list made by the Dealer Selection Board as per Annexure-C.2. The necessary facts for the disposal of this appeal are that Bharat Petroleum Corporation Limited (for short, 'BPCL') republished Annexure-A, an advertisement/notification inviting applications for dealership to set up a retail outlet (petrol pump) at Chennapatna through local newspaper on 24-8-2000. The appellant along with others applied for dealership. Sixteen persons were short listed including the appellant. The Selection Board conducted the interview, made a list and submitted its recommendation vide order dated 29-3-2001 giving names of the appellant, respondents 1 and 6 in the list of merit. Considering the recommendati...

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Aug 05 2003

Centre for Development of Telematics (an Autonomous Body of the Govern ...

Court: Karnataka

Decided on: Aug-05-2003

Reported in: (2003)IIILLJ755Kant

N.K. Jain, C.J.1. These appeals are filed against the order of the learned Single Judge, dated 17-7-2002 passed in W.P. No. 24992 of 2002 and W.P. Nos. 26235 to 26238 of 1995. In all these 5 appeals, the appellant is common. As the facts and points in these appeals are same, the appeals are disposed of by this common judgment.The brief facts as stated in the appeal are: The appellant-Center for Development of Telematics is an autonomous body set up by the Government of India engaged in developing a wide range of Switching and Transmission technologies in the area of Telecommunications. For the specific purpose of conducting field trials in respect of one of the digital exchanges developed by it at the premises of Telephone Exchange at Ulsoor, the five respondents were engaged on daily wage basis. It was also made clear to the respondents that they were engaged for a time bound activity which will cease on completion of the field work. The project work was completed in 1991 and the exch...

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Aug 05 2003

Centre for Development of Telematcs Vs. D. Suresh and ors.

Court: Karnataka

Decided on: Aug-05-2003

Reported in: ILR2003KAR3949

N.K. Jain, C.J.1. These appeals are filed against the order of the learned Single Judge, dated 17.07.2002 passed in W.P.No. 24992/2002& W.P. Nos. 26235-38/1995. In all these 5 appeals, the appellant is common. As the facts and points in these appeals are same, the appeals are disposed of by this common judgment. The brief facts as stated in the appeal are: the appellant-Center for Development of Telematics is an autonomous body set up by the Government of India engaged in developing a wide range of Switching and Transmission Technologies in the area of Telecommunications. For the specific purpose of conducting field trails in respect of one of the digital exchanges developed by it at the premises of Telephone Exchange at Ulsoor, the five respondents were engaged on daily wage basis. It was also made clear to the respondents that they were engaged for a time bound activity which will cease on completion of the field work. The project work was completed in 1991 and the exchange was hande...

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Aug 05 2003

Balakrishna and ors. Vs. State by the P.S.i.

Court: Karnataka

Decided on: Aug-05-2003

Reported in: ILR2003KAR4548

ORDERManjula Chellur, J. 1. Heard the learned Counsel for the petitioners and the learned H.C.G.P. for the respondent - State.2. Petitioners -1, 2, and 4 are inter-se related to each other. So far as petitioner No. 3 is an acquaintance of other petitioners. Petitioners No. 5 is also a close relative of the petitioner - 4.3. The allegation is that according to the prosecution on 23.6.2003, the Inspector of police of Uppinangadi Police Station raided the house of Krishnappa Poojari and seized one jeep bearing No. KA 21 M 5966, another scooter bearing No. KA 21 E 8679, Motorbike bearing No. CNX 1314 and another motorbike bearing No. KA 21H 489 which were parked in front of the house. Along with these vehicles it is alleged the seized petrol, diesel, kerosene and field F.I.R. at Uppinangadi Police Station] under Clause 5 of Motor Spirit and High Speed Diesel (Prevention of Malpractices in Supply and Distribution) Order, 1990 and under Sections 3 and 7 of the Essential Commodities Act.The o...

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Aug 05 2003

Life Insurance Corporation of India Vs. K. Rama Iyer and anr.

Court: Karnataka

Decided on: Aug-05-2003

Reported in: III(2004)ACC380; 2004ACJ591; ILR2004KAR249; 2004(1)KarLJ216

1. The appellant in this appeal is the Life Insurance Corporation of India. In this appeal the appellant has called in question the correctness of the order dated 25th July, 2000 made in Writ Petition No. 19596 of 1999 by the learned Single Judge.2. The facts in brief are as follows:The second respondent is an institution registered under the Karnataka Societies Registration Act. The object of the second respondent-institution is to promote Kannada literature and culture. The wife of the first respondent-Smt. Uma Iyer, expired on 29th June, 1998 (hereinafter referred to as 'the deceased employee'), while she was in the employment of the second respondent as a Stenographer. The appellant and the second respondent had entered into a scheme known as 'Group Savings Linked Insurance Scheme' (hereinafter referred to as 'the GSLI Scheme'), with effect from 20th September, 1989. The deceased was also admitted for the benefit of the GSLI Scheme. As per the terms of the GSLI Scheme, the second r...

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Aug 05 2003

M.C. Cherian (Dead) by L.Rs Vs. Mahant P. Krishnananda Giri Goswamy an ...

Court: Karnataka

Decided on: Aug-05-2003

Reported in: 2004(1)KarLJ125

ORDERV. Gopala Gowda, J.1. The lands involved in this case are Sy. Nos. 48 and 51 to 54, in all measuring 16 acres 16 guntas situated in Karimanti Village, Belagola Hobli, Srirangapatna Taluk, Mandya District. The lands belong to the first respondent-Mahant P. Krishnanda Giri Goswamy, who is hereinafter referred to as 'Landlord'. It is the case of the landlord that the lands in question were not cultivated and were fallow for several years and therefore with a view to bring the lands under cultivation, by management karar agreement dated 25-12-1964 the lands were given to one M.C. Cherian, the father of the petitioners, hereinafter referred to as 'the applicant' on certain terms and conditions enumerated in the said agreement. The relevant portions of the agreement will be referred to in due course. The agreement was terminable by six months notice by either of the parties. According to the landlord pursuant to the agreement, the applicant got the lands cultivated as Manager strictly i...

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Aug 04 2003

State by Stamp Investigation Team Vs. Abdul Kareem Telgi @ Kareem Lala

Court: Karnataka

Decided on: Aug-04-2003

Reported in: ILR2003KAR3702

ORDERManjula Chellur, J.1. Heard the learned Special S.P.P. for the petitioner-State and the learned Counsel for the respondent and perused the records.2. This Criminal Petition is filed seeking grant of police custody of the respondent herein in crime No. 1100/02 (C.C. No. 37/2003) for interrogation and recovery of incriminating materials in the said crime.3. Earlier to the registration of this crime, crime No. 545/00 on the file of the Upparpet Police Station, came to be registered against the respondent herein. In the said case, the respondent was housed in Central Prison. As per the body warrant at the instance of the State the respondent/accused was produced in Crime No. 1100/02 on 25.10.2002. The order sheet pertaining to the said case would reveal he was produced under body warrant and then he was sent to judicial custody. On the very same day, an application came to be filed by the investigating Officer seeking police custody of the respondent herein. The learned Counsel for th...

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Aug 04 2003

S.A. Mukund Vs. Sri Ganapathi Urban Co-operative Bank Limited and anr.

Court: Karnataka

Decided on: Aug-04-2003

Reported in: IV(2004)BC595; [2004]121CompCas447(Kar); 2003(6)KarLJ60

ORDERN.K. Patil, J.1. In this writ petition, the petitioner has assailed the order dated 31-8-2002 passed by the Karnataka Appellate Tribunal in Appeal No. 70 of 2002 vide Annexure-B and also the judgment and award passed by the 2nd respondent in Dispute No. 102/96-97, dated 28-12-1996 vide Annexure-A.2. It is not in dispute that the petitioner availed loan from the 1st respondent-Bank on 14-8-1990 payable in 48 instalments. The last instalment expired on 30-8-1994. As the petitioner failed to pay the instalments as agreed by him even after the expiry of the last instalment, the 1st respondent raised a dispute under Section 70 of the Karnataka Cooperative Societies Act before the 2nd respondent. The 2nd respondent, after considering the oral and documentary evidence on record and other materials placed before him, has passed the impugned judgment and award on 28-12-1996. Assailing the said judgment and award, the petitioner filed an appeal before the Karnataka Appellate Tribunal in App...

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Aug 04 2003

S. Seetharama Rao Vs. the Secretary and ors.

Court: Karnataka

Decided on: Aug-04-2003

Reported in: ILR2004KAR2181

ORDERPatil, J.1. The petitioner, questioning the legality and validity of the order dated 18th February 1991 in Surcharge Case No. 5/84-85 on the file of the Assistant Registrar of Co-operative Societies - the second respondent herein, and the order passed by the Karnataka Appellate Tribunal ('Tribunal' for short) dated 25th March 1996 in Appeal No. 128/1991 vide Annexures A and B respectively, has presented this Writ Petition.2. The petitioner was working as Secretary in the first respondent - Society. The first respondent Society raised the surcharge proceedings under Section 69 of the Karnataka Co-operative Societies Act ('Act' for short) before the second respondent for recovery of a sum of Rs. 45,433.44 with interest at the rate of 18% for the loss caused to the first respondent - Society as per the audit report for the years 1967-68 and 1968-69. During the relevant period, the petitioner was working as a Secretary of the first respondent Society. The second respondent, after cons...

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Aug 04 2003

State of Karnataka Vs. Ramachandra Bhimrao Bhamane

Court: Karnataka

Decided on: Aug-04-2003

Reported in: 2004CriLJ330

M.F. Saldanha, J.1. An interesting position in law has arisen in this case which we shall very briefly summarise. The accused is alleged to have assaulted the complainant and caused injuries of some seriousness to him. He was tried by the learned JMFC, Sakaleshpur in Cri. Case No. 56/1997, found guilty and sentenced to undergo SI for 3 months and to pay a fine of Rs. 300/-for the offence under Section 326, I. P. C. and S.I. for one month and to pay fine of Rs. 100/-for the offence under Section 504, I. P. C. The accused filed an appeal against this order and strangely enough, a very unusual point was raised before the appeal court which was that the Government had not appointed a Prosecutor in the trial Court and since there was no Prosecutor the learned Magistrate himself put the questions to the witnesses, recorded their statements and completed the case. Though this was a technical objection, the argument was that the learned Judge has effectively taken over the role of the Public P...

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