Karnataka Court September 2003 Judgments
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Basettappa Fakirappa Kadagad Vs. State of Karnataka and anr.
Court: Karnataka
Decided on: Sep-24-2003
Reported in: 2003(6)KarLJ390
ORDERHuluvadi G. Ramesh, J.1. This revision has been preferred under Section 397 of the Cr. P.C. by the petitioner being aggrieved by the order passed by the I Additional Sessions Judge, Dharwad, dated 17-6-2000 dismissing the appeal of the petitioner claiming possession of M.O. 1-revolver said to be seized from the second respondent in C.C. No. 926 of 1990.2. The brief facts leading to the revision are that the petitioner is said to have deposited M.O. 1-revolver bearing No. A-23346 of 'Weblay and Scott, England', on 4-9-1987 with the accused R.G, Ullagaddimath who is arms dealer at Hubli. When it was so deposited the accused is said to have sold the same in favour of the 2nd respondent for a bare consideration of Rs. 5,000/- on 17-12-1987. Further, the petitioner is said to have moved the Additional Deputy Commissioner, Belgaum, seeking for return of revolver deposited with the accused and the Additional Deputy Commissioner, Belgaum, on 7-4-1988 has passed an order directing the accu...
M.V. Gnanendra Nath Vs. Union of India (Uoi) and ors.
Court: Karnataka
Decided on: Sep-24-2003
Reported in: (2004)186CTR(Kar)324; [2004]266ITR250(KAR); [2004]266ITR250(Karn)
ORDERDamages for initiating enquiry and issuing prohibitory order during pendency of enquiry--Interest on fixed depositsCatch Note:The petitioner deposited certain sums in fixed deposits with bank and Tamil Nadu Transport Development Finance Corporation Ltd. TNTDFC. The assessing officer conducted the raid and found some deeds and other documents and issued prohibitory order to the banks and TNTDFC not to pay the amount to the plaintiff and initiated an enquiry to find out whether the amounts in deposit were the escaped income not assessed to tax. The enquiry was dragged on for over a period of 3 years 8 months. After said time prohibitory order lifted. The petitioner claimed damages for initiating enquiry and issuing prohibitory order. The bank paid interest upto maturity date. The bank and TNTDFC are directed to pay interest at contract rate from the date of maturity upto date of actual payment. However, no direction can be issued for damages because the assessing officers acted with...
ishwarappa Vs. Arunkumar
Court: Karnataka
Decided on: Sep-24-2003
Reported in: AIR2004Kant417; 2006(2)CTLJ91(Kar)
K. Sreedhar Rao, J.1. The Appeal filed against the judgment and decree in R.A. No. 66/99 on the file of the Addl. Civil Judge (Sr. Dn.), Hubli, arising out of the judgment and decree passed in O.S. No. 483/96 on the file of the III Addl. Civil Judge (Jr. Dn.), Hubli.2. The appellant is the defendant. The respondent-plaintiff filed a suit for declaration that the Power of Attorney executed by the plaintiff in favour of the defendant at Ex.D.13 has been revoked and that the defendant does not have the authority of agency to represent the plaintiff under the Power of Attorney. Further, seek an injunction against the defendant not to deal with the suit property.3. Plaintiff was employed in Indian Army. He was allotted a site. The plaintiff executed Power of Attorney Ex.D.13 in favour of defendant to attend to the construction of the building on the suit site and thereafter its management. It is said that defendant misusing the Power of Attorney indulged in excessive and reckless borrowings...
K. Balaji Vs. Integral Coach Factory
Court: Karnataka
Decided on: Sep-23-2003
Reported in: 2003(6)KarLJ126
ORDERR.V. Raveendran, J.1. The respondent-Integral Coach Factory, Chennai invited applications for appointment to certain Group 'C' posts as per Employment Notification No. 2/PH/2000, dated 8-2-2000. Petitioner, a permanent resident of Bangalore, was an applicant. He was selected, but was found unfit for employment on medical grounds. Feeling aggrieved, the petitioner has approached the Central Administrative Tribunal, Bangalore Bench, in Original Application No. 1814 of 2000 for quashing the communication dated 24-10-2000, by which petitioner was informed that he was found to be medically unlit for appointment. He also sought a direction to respondents to appoint him to the post of Office Clerk (Grade II) or Accounts Clerk in pursuance of the employment notification dated 8-2-2000 with all consequential benefits.2. The Central Administrative Tribunal, by order dated 27-9-2002 has dismissed the said application on the ground that the petition was not maintainable before the Bangalore B...
K. Balaji Vs. Integral Coach Factory, Rep. by Its Sr. Personnel Office ...
Court: Karnataka
Decided on: Sep-23-2003
Reported in: ILR2003KAR4202
ORDERR.V. Raveendran, J.1. The respondent - Integral Coach Factory, Chennai invited applications for appointment to certain Group C posts as per Employment Notification No. 2/PII/2000 dated 8.2.2000. Petitioner, a permanent resident of Bangalore, was an applicant. He was selected, but was found unfit for employment on medical grounds. Feeling aggrieved, the petitioner has approached the Central Administrative Tribunal. Bangalore Bench, in Original Application No. 1814/2000 for quashing the communication dated 24.10.2000, by which, petitioner was informed that he was found to be medically unfit for appointment. He also sought a direction to respondents to appoint him to the post of Office Clerk Grade II or Accounts Clerk in pursuance of the employment Notification dated 8.2.2000 with all consequential benefits.2. The Central Administrative Tribunal, by order dated 27.9.2002 has dismissed the said application on the ground that the petition was not maintainable before the Bangalore Bench...
Puttachannaiah Vs. R. Venkataram and ors.
Court: Karnataka
Decided on: Sep-23-2003
Reported in: 2004(1)KarLJ255
ORDERA.V. Srinivasa Reddy, J.1. The petitioner-tenant has filed the revision petition being aggrieved by the order dated 19th February, 2001 passed in H.R.C. No. 1576 of 1997 allowing the application filed by respondents-landlords under Section 29(4) of the Karnataka Rent Control Act, 1961 ('the old Act' for short) stopping all further proceedings in H.R.C. No. 1576 of 1997 and directing the petitioner to quit and deliver vacant possession of the petition premises to the respondents on or before 31-5-2001.2. During the pendency of the proceedings before the Court below the respondents filed the application under Section 29(4) of the old Act for stopping further proceedings and directing the petitioner to quit and deliver vacant possession of the petition premises. The petitioner did not appear before the Court below to resist the petition. The Court below on hearing the respondents held that the petitioner committed wilful default in paying the rent and thereby he did not comply with t...
Venkataramana Alias Venkappa Annayya Hegde (Since Deceased by L.R.) Vs ...
Court: Karnataka
Decided on: Sep-23-2003
Reported in: AIR2004Kant433
K. Sreedhar Rao, J.1. The present case stares as glaring example of the laws delay denting the image of the system. The litigating parties almost have completed the substantial life span and the litigation is almost at the verge of celebrating .golden jubilee.2. The names of the ancestors are bit confusing because several persons bear similar names. One Venkappa is the propositus dies leaving behind two sons by name Venkappa and Ganpaiah @ Sannappa. The first son Venkappa has two sons by name Dodda Venkappa and Naranappa. The progeny of the latter becomes extinct. Dodda Venkappa adopts the plaintiffs father who is none other than the natural brother of the first defendant. In the branch of Ganapaiah @ Sannappa there are three sons namely (1) Devappa (2) Sanna Venkappa, (3) Thimmaraya who died issueless. The children of Devappa branch remained separate. The first partition in the family takes place in the year 1885 granting shares to Dodda Venkappa, Devappa and Sanna Venkappa. The plain...
Shanthi Devi Lodha Vs. the Deputy Conservator of Forest and Authorised ...
Court: Karnataka
Decided on: Sep-22-2003
Reported in: 2004CriLJ2451; ILR2003KAR4601; 2004(2)KarLJ238
ORDERRamanna, J. 1. This Revision Petition is directed against the judgment and order dated 28.3.2002 passed by the Addl. Sessions Judge, Chikmagalur, in Crl.A.No. 14/99 whereby, the learned Sessions Judge dismissed the appeal filed by the revision petitioner/Financier under Section 71(D) of Karnataka Forest Act (for short the 'Act') against the impugned order passed by the Authorised Officer in his file No. A4.FOC. 139/93-94 dated 18.12.1998. Feeling aggrieved by the said order, the petitioner has come up before this Court under Sections 397 and 401 of Cr.P.C. contending that the revision petitioner being the financier-cum-owner of the vehicle is entitled to have the custody of the vehicle and more over, the Authorised Officer has not given any opportunity to put forth her contentions and the Authorised Officer has not complied with the mandatory provisions of the Act by issuing show cause notice to the registered owner. As on the date of the alleged involvement of the vehicle in the ...
Modern Food Industries (India) Limited Vs. the Regional Director, Esi ...
Court: Karnataka
Decided on: Sep-22-2003
Reported in: ILR2003KAR4830; (2004)IILLJ669Kant
Abdul Nazeer, J. 1. M/s. Modern Food Industries (India) Limited has filed this appeal challenging the order passed by the Additional Industrial Tribunal, Bangalore, and El Court (for short the 'ESI Court') in ESI Application No. 8/2000 dated 21.4.2001.2. For the sake of convenience, the parties will be referred to by their ranks before the ESI Court.3. The applicant in its application filed Under Section 75 of the ESI Act has challenged the claim of contribution by the Corporation for the period from 1.1.1997 to 31.3.1997. It is their case that by a notification issued by the Central Government the wage ceiling for ESI coverage was enhanced from Rs. 3,000/- to Rs. 6500/- per month from 1.1.1997. The applicant has challenged the said notification by filing a Writ Petition before this Court and this Court stayed the said notification. It is contended that, later on, the said Writ Petition was dismissed. Therefore the Corporation has claimed contribution of Rs. 94,185/- for the said perio...
Kanayyalal Vs. Divisional Controller, Karnataka State Road Transport C ...
Court: Karnataka
Decided on: Sep-22-2003
Reported in: III(2004)ACC500; 2004ACJ653
S.R. Nayak, J.1. In an injury case the claimant not being satisfied with the compensation awarded by the Claims Tribunal has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') and claimed more compensation under various heads. The appeal is directed against the judgment and award dated 5.1.1999 passed in M.V.C. No. 350 of 1996 on the file of the Motor Accidents Claims Tribunal-IV at Bijapur (for short 'the MACT).2. The facts of the case in brief are as follows:The claimant oh 31.1.1996 sustained certain injuries in an accident involving motor vehicle (bus) owned by the respondent Corporation. The fact that the accident took place on account of rash and negligent driving of the driver of the Corporation's bus is not in controversy. Therefore, there is no need for us to review the factual finding recorded by MACT on actionable negligence attributed to the driver of the bus.3. The claimant who was aged 38 years on the date of accident claims to b...
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