Karnataka Court August 2004 Judgments
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Fakirasab Vs. Syedusab and ors.
Court: Karnataka
Decided on: Aug-11-2004
Reported in: ILR2004KAR4076; 2004(6)KarLJ50
ORDER 39 RULES 1 AND 2 - OBJECT OF - While considering an application for grant of temporary injunction, the right and need of respective parties should be considered and the schedule property should also be protected and preserved so that if ultimately, the plaintiff who is the initiator of the suit, succeeds in the suit, he would not be put to irreparable and uncompensatable loss. The object is to keep the property in status quo so that it would be available to the plaintiff if he ultimately succeeds in the suit.Appeal allowed....
Saifulla M Vs. Karnataka Power Transmission Corporation Limited and an ...
Court: Karnataka
Decided on: Aug-11-2004
Reported in: ILR2004KAR4116; 2004(6)KarLJ110
ORDERBhakthavatsala, J. 1. This is a Writ Petition filed under Articles 226 and 227 of the Constitution of India praying for a writ of mandamus to the Respondents to include/select the petitioner for the post of Assistant Engineer (Electrical) in the final Select List dated 10.10.2003 (Annexure-E).2. The Respondent Nos. 1 and 2 are represented by Sri B.S. Patil.3. The brief facts of the case of the petitioner may be stated as underThe petitioner, who was born and brought up in a Village called, Cowdalli, Kollegal Taluk, Chamarajanagar District, studied from 1st Standard to 7th Standard at Cowdalli Village in three different Schools and studied 8th Standard to 10th Standard in Christaraja High School at Hanur Village and thereafter prosecuted his College education at Mysore, and passed B.E. (Electrical) with 60.79% marks. In pursuance of the Respondent - KPTCL Employment Notification No. KPTCL/ 816/28134/1999-2000 dated 7.5.2003 (Annexure -A) for the recruitment of Assistant Engineer (E...
Bhimashankar Co-operative Sugar Factory Limited Vs. the Spl. Land Acqu ...
Court: Karnataka
Decided on: Aug-11-2004
Reported in: ILR2004KAR4878
ORDERGopala Gowda, J.1. The petitioner is a Sugar Factory. For its benefit certain lands belonging to respondents 2 to 6 had been acquired. Not satisfied with the compensation awarded by the Land Acquisition Officer, the owners sought reference to Civil Court and by the impugned Judgment and Award the Reference Court enhanced the compensation. Being aggrieved by the same the petitioner has filed these Writ Petitions. The grievance of the petitioner is that it was not heard in the matter and hence the Judgment and Award are violative of principles of natural justice.2. Counsel for the owners contends that against the award passed by the Reference Court, alternative remedy is available to the petitioner under Section 54 of the Land Acquisition Act and hence sought for dismissal of the Writ Petitions. The decision reported in HIMALAYAN TILE AND MARBLE (Pvt) Ltd. v. FRANCIS V. COUTINHO, : AIR1971Bom341 is pressed into service to contend that the beneficiary is not entitled to seek to set a...
H. Chandrappa and ors. Vs. Town Municipal Council, Rep. by Its Chief O ...
Court: Karnataka
Decided on: Aug-11-2004
Reported in: ILR2005KAR368
ORDERD.V. Shylendra Kumar, J.1. In the present Writ Petition, I.A.No. 1 is filed by the petitioner seeking directions to the respondent Town Municipal Council, Shikaripur, to issue 'No Objection Certificate' in favour of the petitioner to enable him to obtain power connection to the premises in question from the MESCOM, a supplier of electricity.2. The Writ Petitioner is challenging the endorsement dated 5.8.2003 (Annexure 'C') whereby he has been informed that 'No Objection Certificate' as sought for cannot be issued in view of pending adjudication of a civil dispute in respect of property in question before the Civil Court.3. Statement of Objections has been filed on behalf of the respondent. The main objection of the respondent is that the petitioner has put up construction in gross violation of the sanctioned plan and in spite of issuing notice calling upon the petitioner to bring the construction in conformity with the sanctioned plan, he did not comply the same and when further a...
Chowdappa and ors. Vs. State of Karnataka, Rep. by Its Secretary, Depa ...
Court: Karnataka
Decided on: Aug-11-2004
Reported in: ILR2005KAR1453
ORDERShylendra Kumar, J. 1. Learned counsel for the petitioner has filed a memo praying for permission to delete petitioners 2 to 14 from the array of the petitioners. Permitted. Counsel to carry out corrections deleting petitioner 2 to 14.2. The grievance of the petitioner who claims to be a member of Kaidale Gram Panchayat is that the 6th respondent who was a President of Adhyaksha of this Panchayat earlier had been removed by passing a no confidence motion and in the subsequent elections notified for electing a President, the post is yet again reserved in favour of a person belonging to Scheduled Tribe woman in which event the 6th respondent notwithstanding loss of confidence of the members of the Panchayat earlier, is again tipped to return to the post of Adhyaksha.3. Sri Chandrashekhar, learned Counsel for the petitioner submits that if it is allowed, it only amounts to a mockery of the democratic system, that the will of the members is negatived and an unwilling Adhyaksha is impo...
Sidharam and anr. Vs. State of Karnataka, by Its Secretary and ors.
Court: Karnataka
Decided on: Aug-10-2004
Reported in: ILR2004KAR4102; 2004(6)KarLJ38
ORDERShylendra Kumar, J. 1. The Petitioners are Members of Bilagi Town Panchayat. The Petitioners are aggrieved by the Notification dated. 12-7-2004 vide No.UDD 51 MLR 2004 (P-3) in so far as it relates to the provision for the Posts of President and Vice President in Bilagi Town Panchayat in the ensuing elections scheduled for the year 2004. In the impugned Notification, the provision so far as Bilagi Town Panchayat is concerned at Sl. No.12, the post of President is earmarked for a woman candidate from general category and post of Vice President is not reserved in favour of any category, in the sense it is open to the General Category/ all persons.2. The grievance of the petitioners is in the context of similar provisions that had been made for these two posts in the earlier three elections in this Panchayat. The pattern of reservation during the four elections including the present election as notified under the Notification dated 12-7-2004 is as under.RESERVATION TO THE POST OF PRE...
Karnataka State Road Transport Corporation Vs. K.S.R.T.C. Staff and Wo ...
Court: Karnataka
Decided on: Aug-10-2004
Reported in: [2005(104)FLR691]; ILR2004KAR5008; 2004(6)KarLJ563; (2005)ILLJ874Kant
P. Vishwanatha Shetty, J.1. In these appeals, the appellant has called in question the correctness of the order dated 20th March 2000 made in Writ Petition Nos. 7601 to 7603 of 1997 by the learned Single Judge, wherein he has struck down Regulations 9(5) and 9(6) of the Karnataka State Road Transport Corporation (Conduct and Discipline) Regulations, 1971 (hereinafter referred to as 'the Regulations') on the ground that the said Regulations are violative of the rights guaranteed to the petitioners under Article 19(l)(c) of the Constitution.2. The appellant in this appeal is the Karnataka State Road Transport Corporation (hereinafter referred to as 'the Corporation'). The 1st respondent is the Karnataka State Road Transport Corporation Staff and Workers Federation (hereinafter referred to as 'the Federation') and the respondents-2 and 3 are the members of the Federation in the cadre of Superintendent and Security Guard in the establishment of the Corporation. The respondents-1 to 3 filed...
Veerabhadraiah Vs. the Land Tribunal and ors.
Court: Karnataka
Decided on: Aug-10-2004
Reported in: 2004(6)KarLJ553
ORDERV. Gopala Gowda, J.1. These two matters pertain to the same property. Hence, they are heard together and disposed of by this common order.2. The land involved is Sy. No. 171/6 of Doddaballapur Village measuring 0-28 guntas. Mr. Veerabhadraiah, the petitioner in LRRP and respondent 3 in the writ petition is the owner of the same (hereinafter referred to as 'the landlord'). Rahim Khan, the petitioner in the writ petition and 3rd respondent in the LRRP is the tenant of the same (hereinafter referred to as 'the tenant').3. The tenant filed application in Form 7 before the Land Tribunal seeking conferment of occupancy rights in respect of the land in question. After conducting enquiry, the Land Tribunal granted occupancy rights in favour of the tenant by its order at Annexure-A, dated 12-6-1986. The landlord challenged the said order in appeal before the Land Reforms Appellate Authority. The Appellate Authority dismissed the appeal as per the order at Annexure-B, dated 19-5-1989. Being...
Riddhi Siddhi Starch and Chemicals Ltd. Vs. Additional Deputy Commissi ...
Court: Karnataka
Decided on: Aug-09-2004
Reported in: [2006]146STC513(Kar)
ORDERN.K. Patil, J.1. The petitioner, assailing the legality and validity of the order dated December 14, 1999 passed for the assessment year 1996-97 Under Section 18-AA(2)(ii) of the Karnataka Sales Tax Act, 1957 read with Section 9(2) of the Central Sales Tax Act, 1956 and the accompanying demand notice in form 6 dated December 16, 1999, vide, annexure C, has presented the instant writ petition. Further, the petitioner has sought for a declaration declaring that, the provisions of clause (ii) of Sub-section (2) of Section 18-AA of the Karnataka Sales Tax Act, 1957 have no applicability to amounts collected by way of or purporting to be by way of CST in excess of A the prescribed rate of tax. Further, the petitioner has sought to quash the provisions of clause (ii) of Sub-section (2) of Section 18-AA of the Karnataka Sales Tax Act, 1957, as violative of article 14 of the Constitution of India. The petitioner has also sought for a writ of prohibition, restraining the first respondent f...
Dr. Ambedkar Memorial Educational Trust, by Its President and ors. Vs. ...
Court: Karnataka
Decided on: Aug-06-2004
Reported in: AIR2005Kant41; ILR2004KAR4584; 2004(7)KarLJ416
ORDERS. Abdul Nazeer, J.1. Since common questions of law and fact arise for consideration in all these petitions, by consent of the learned Counsel for the parties, they are taken up together for final disposal, even though they are listed for preliminary hearing.2. The petitioners have challenged condition No. 10(b) to appendix - 5 to the National Council for Teacher Education (Form of Application for recognition, the time limit of submission of Application, determination of norms and standards for recognition of teacher education programmes and permission to start new course or training) Regulations 2002, (for short, 'the Regulations') which provides for creation of an endowment fund of Rs. 5, 00, 000/-, to be operated jointly by the authorised representatives of the Management and the concerned Officers of the Regional Committee of the National Council for Teacher Education in case of unaided institutions.3. The petitioners have filed applications before the 1st respondent for grant...
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