Karnataka Court June 2004 Judgments
Continental Exporters Reptd by Mr. Sampath Raj Vs. the Bhavnagar Texti ...
Court: Karnataka
Decided on: Jun-10-2004
Reported in: 2006(6)KarLJ266
K. Ramanna, J.1. This is an appeal filed by the appellant-plaintiff under Section 96 of the C.P.C. against the judgment and decree dated 8.9.1999 passed by the XXVI Addl. City Civil Judge, Mayohall, Bangalore, whereby the suit filed by the appellant-plaintiff came to be dismissed. Therefore, he has come up with this appeal mainly on the ground that the court below failed to take into account the copies of the telex correspondence exchanged between the appellant-plaintiff and respondent-defendant and the court below has erred in not accepting the copies of the telex messages/correspondences as they are carbon copies, and that the alleged privity of contract has not been established by the appellant-plaintiff. Even though the defendant did not choose to cross-examine the plaintiff and did not adduce oral evidence to prove issue Nos. 4 and 5, the court below come to a wrong conclusion by holding that plaintiff failed to prove issue Nos. 1 to 3 in dismissing the suit. Hence this appeal.2. ...
Tag this Judgment!Karnataka State Pollution Control Board Officers' Association and Ors. ...
Court: Karnataka
Decided on: Jun-09-2004
Reported in: 2004(4)KarLJ426
ORDERR. Gururajan, J.1. These petitions are filed seeking for a writ of quo warranto and for various prayers.2. The petitioners state that the 3rd respondent is a Statutory Board constituted for the State of Karnataka in terms of the provisions of Section 4 of the Water (Prevention and Control of Pollution) Act, 1974. The State Board is governed by Section 4(2) of the Act. Clause (f) of Section 4(2) empowers the State Government to appoint the Member-Secretary. The 3rd respondent is required to perform its duties in terms of the Act with regard to pollution. The petitioner states that the 2nd respondent has issued a notification bearing No. Apajee 23 EPC 2004, dated 23-2-2004 appointing the 4th respondent as the Member-Secretary of the 3rd respondent-Board with immediate effect. Annexure-A is the notification. The petitioners state that the 4th respondent is an IAS Officer. She has held different posts in various Governmental Departments and under Local Authorities, The 4th respondent ...
Tag this Judgment!M. Gangappa Vs. the Deputy Commissioner and ors.
Court: Karnataka
Decided on: Jun-09-2004
Reported in: ILR2004KAR4397
ORDERS. Abdul Nazeer, J. 1. Petitioner is the owner of the lands in Survey Nos. 27/1 and 27/2 each measuring 4 Acres and 5 Guntas situated at Hoisanahalli Village, Hallaluru Hobli, Shimoga Taluk, Shimoga District. The respondents took possession of the said property in the year 1960 without initiating acquisition proceedings. After taking possession of the lands as above, sites have been formed and allotted to certain persons who have constructed their houses on the said sites. Since the respondents have taken possession of the lands without initiating acquisition proceedings, petitioners made representations to the respondents for grant of compensation. Therefore, second respondent issued a preliminary notification under Section 4(1) of the Act dated 30.11.1999, published in the Gazette on 30.12.1999, followed by a final notification dated 18.7.2000 published in the Gazette on 17.8.2000. Learned Counsel for the petitioner has produced a copy of the preliminary notification. In the not...
Tag this Judgment!Dr. Basavaraj Yellappa Kalgudi Vs. the Karnataka Ayurvedic and Unani P ...
Court: Karnataka
Decided on: Jun-08-2004
Reported in: AIR2004Kant390; ILR2004KAR3140
ORDERS. Abdul Nazeer, J.1. The petitioner claims to be a member of the Karnataka Rural Homeopathic Medical Practitioners' Association, Gokak, practicing Homeopathic system of Medicine at Hole Alur. According to him, he has vast experience in Homeopathic system of medicine and that he has been taking special care for the poor patients satisfying all their medical needs. It is his further case that the Homeopathic Medical Practitioners in Karnataka and Karnataka Rural Homeopathic Medical Practitioners' Association, Gokak, have been urging the Government of Karnataka to open Registration for the benefit of the un-registered Homeopathic Medical Practitioners, to get themselves registered in accordance with the provisions of the Homoeopathic Medical Practitioners' Act. Though several representations were filed, the State has not heeded to their request. The Registrar of Karnataka Ayurvedic & Unani Practitioners Board, issued a notice as per Annexure-D calling upon the petitioner to appear b...
Tag this Judgment!Sri Rao Saheb Mahadev Gayakwad and ors. Vs. Life Insurance Corporation ...
Court: Karnataka
Decided on: Jun-08-2004
Reported in: AIR2004Kant439; ILR2004KAR3390; 2004(7)KarLJ289
ORDERD.V. Shylendra Kumar, J.1. This Writ Petition is presented against the Life Insurance Corporation of India challenging the action on the part of the respondent Corporation in repudiating the contract between one Appasaheb M Gayakwad who died on 28.8.1998 and the Corporation in respect of the Life Insurance Policy No. 632317283 which the said person had taken out during his life time for a sum of Rs. 5,00,000/-.2. Petitioner is the brother of the insured and also a person who is nominated in the policy. It appears that the wife and children of the deceased were nominated initially and later the nomination had been changed in favour of the petitioner, the brother of the deceased and to the exclusion of the wife and children.3. As per the directions of this Court on 22.2.2002 the wife and children were added as petitioners 2 to 5 to this petition. Petitioners are aggrieved by the repudiation of the contract and non-settlement of the amount due under the policy and have questioned the...
Tag this Judgment!Kumari Shubha Vs. the State of Karnataka
Court: Karnataka
Decided on: Jun-07-2004
Reported in: ILR2004KAR3304
ORDERS.R. Bannurmath, J.1. This petition is tiled under Section 439 Cr.P.C. by the petitioner and the under duress prisoner in Crime No. 377/03 of Viveknagar Police Station, Bangalore, for the offence punishable under Section 302, 201 and 120(B) IPC.2. When the matter was taken up for consideration, the learned High Court Government Pleader appearing for respondent-State has raised his preliminary objections as to the propriety of this Court hearing the present petition. Relying upon the decisions of the Hon'ble Supreme Court in the case of SHAHZAD HASAN KHAN v. ISHTIAQ HASAN KHAN AND ANR., : 1987CriLJ1872 and later judgment in the case of HARJEET SINGH ALIAS SEETA v. STATE OF PUNJAB AND ANR., 2002 SCC (Crl.) 225 it is contended that as the first bail application of the petitioner in Criminal Petition No. 569/04 was heard at length by my brother Judge Hon'ble Justice Kabbin and when he was about to dictate the orders, the petitioner has sought permission to withdraw the petition with l...
Tag this Judgment!Indian Institute of Science Sc/St Employees Welfare Association (Regd. ...
Court: Karnataka
Decided on: Jun-07-2004
Reported in: 2004(5)KarLJ352
R.V. Raveendran, J.1. The appellant herein (also referred to as 'SC/ST Welfare Association') was the second respondent in W.P. No, 24538 of 1996 and petitioner in W.P. No. 3349 of 1997. It claims to represent the employees of the Indian Institute of Science belonging to Scheduled Castes and Scheduled Tribes.First respondent herein ('Institute or Employer') was the first respondent in W.P. No. 24538 of 1996 and sole respondent in W.P. No. 3349 of 1997.The second respondent herein ('Employees Association') claiming to represent the interest of all the employees of the Institute, was the petitioner in W.P. No. 24536 of 1996.2. The first respondent-Institute is an institution for Higher Education and a deemed University. The Institute introduced the policy of reservation of posts for Scheduled Castes and Scheduled Tribes with effect from 1-4-1971.3. The Institute introduced a Career Advancement Scheme for its employees OCA Scheme' for short), with effect from 1-7-1978 on the basis of perio...
Tag this Judgment!Smt. H.M. Namratha Vs. Smt. Jayanthi Prakash
Court: Karnataka
Decided on: Jun-04-2004
Reported in: ILR2004KAR3587
ORDERS.R. Bannurmath, J.1. Heard the learned Counsel for the petitioner. 2. The petitioner is a complainant in P.C.R.No. 12949/03. At the outset, it is made clear that since the plaint filed by the petitioner has been dismissed at the initial stage itself even before issuing process to the accused - respondent, hearing of the respondent is not necessary. Since the case can be disposed on short question, the matter is taken for disposal.3. The Complainant/petitioner herein has filed a complaint under Section 138 of the N.I. Act against the respondent in respect of bouncing of a cheque. The Trial Court has dismissed the complaint only on the ground of delay of 4 days in filing the complaint. In view of amended provisions of Section 142-B of the N.I. Act, taking into consideration, the petitioner is a woman and as prima - facie shown sufficiency of the cause for the short delay, instead of sticking to the technicality, the Court below ought to have condoned the delay and consider the comp...
Tag this Judgment!Shrimanti and ors. Vs. Krishna Deva Madiwal and ors.
Court: Karnataka
Decided on: Jun-04-2004
Reported in: 2005ACJ350
S.R. Nayak, J. 20.08.20031. The claimants in a death case, being aggrieved by the impugned judgment and award whereby their claim for compensation has been rejected, have preferred this appeal under Section 173(1) of the Motor Vehicles Act, 1988 (for short, 'the Act'). The Additional Motor Accidents Claims Tribunal, Chikodi (for short, 'M.A.C.T.'), by the impugned judgment and award, has held that no actionable negligence can be attributed to the driver of the bus involved in the accident. Quite curiously, the M.A.C.T. did not award compensation even under the head 'no fault liability'.2. We have heard the learned counsel for the parties and perused the judgment of the M.A.C.T. The learned counsel for the appellants would contend that the finding recorded on issue Nos. 1 and 2 with regard to actionable negligence attributed to the driver of the bus is perverse and suffers from vice of non- consideration of evidence on record in a right perspective. According to learned counsel, the evi...
Tag this Judgment!Steel Authority of India and ors. Vs. Visl Employees Association, Rep. ...
Court: Karnataka
Decided on: Jun-03-2004
Reported in: ILR2004KAR3005; 2004(4)KarLJ531
S.R. Nayak, J.1. These writ appeals filed by the Management of Vishveswaraiah Iron and Steel Ltd., for short, VISL, Bhadravathi and VISL Employees Association and its member-employees are directed against the same Judgment and Order of a learned Single Judge of this Court dated 17.08.1999 passed in W.P.30142-30158 of 1992 and W.P. 4716-4725 of 1997. W.A.N6s.7617 to 7638 of 1999 and W.A. Nos. 7643 of 1999 are by the Management of VISL whereas W.A.Nos. 7948-7969 of 1999 are by the employees. Hence, all these appeals were clubbed, heard together and they are being disposed of by this common Judgment.2. During the pendency of these writ appeals, respondents 6,7,8 and 9 in W.A.Nos. 7617 to 7643 of 1999 who are the petitioners in W.P.Nos. 4721 to 4724 of 1997 filed a joint memo dated 12.09.2000 signed by them as well as their counsel seeking permission of the Court to withdraw those Writ Petitions filed by them on the ground that the posts held by them were admitted to grant-in-aid and, ther...
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