Karnataka Court September 2004 Judgments
N.K. Suparna Vs. Union of India (Uoi), Rep. by Its Secretary, Ministry ...
Court: Karnataka
Decided on: Sep-23-2004
Reported in: [2005(104)FLR268]; ILR2004KAR4628; 2004(7)KarLJ599; 2005(3)SLJ507(NULL)
ORDERS.R. Nayak, J.1. What falls for decision - making in this Writ Petition is the interpretation of the words 'after the conclusion of departmental or judicial proceedings' occurring in Clause (b) of Sub-Rule (1) of Rule 69 of the Central Civil Services (Pension) Rules, 1972 (for short 'the Rules').2. The petitioner while serving as Accounts Officer in Telecom Department retired on attaining the age of superannuation on the afternoon of 31st January, 2002. Even before that date, in July 1993, the petitioner was trapped in a criminal case and he was prosecuted by the Special CBI Court, Bangalore in C.C. No. 127 of 1994. The Special Court after trial convicted the petitioner and he was sentenced to undergo R.I. for three years on each count by its judgment and order dated 31.12.2001. The petitioner being aggrieved by the said judgment and order, has preferred Criminal Appeal No. 78 of 2002 to this Court. The said appeal is admitted and pending. It is stated that the sentence is suspend...
Tag this Judgment!State of Karnataka and ors. Vs. Thirumala Distilleries
Court: Karnataka
Decided on: Sep-23-2004
Reported in: 2004(6)KarLJ194
B. Padmaraj, J.1. Heard the arguments of the learned Government Advocate for the appellants and the learned Counsels for the respondent, at a considerable length and carefully perused the relevant case papers, including the impugned judgment and order of the learned Single Judge, in the light of the relevant provisions of the Karnataka Excise Act, 1965 and the Rules framed thereunder and also the precedents.2. This is a writ appeal filed by the appellant-State and its authorities against an order of the learned Single Judge of this Court in Thirumala Distilleries, Tumkur v. State of Karnataka and Ors., : ILR2002KAR2889 , whereby the writ petition filed by the respondent-distillery has been allowed and the orders made by the appellants 2 and 3 at Annexures-J and G to the writ petition, have been set aside or quashed and an amount of Rs. 11,00,000/- deposited, if any by the respondent-distillery with the appellant 3 in compliance with the interim order dated 7-6-2000 has been ordered to ...
Tag this Judgment!M.C. Narayana Vs. State of Karnataka
Court: Karnataka
Decided on: Sep-23-2004
Reported in: 2005CriLJ210; 2004(7)KarLJ592
Mohan Shantanagoudar, J.1. This appeal is filed by the convicted accused No. 1 challenging his conviction for the offences punishable under Sections 498-A and 304-B of IPC r/w. Sections 3, 4 and 6 of the Dowry Prohibition Act, by the learned X Addl. City Sessions Judge, Bangalore, in S. C. No. 403 /1997.2. The case of the prosecution in brief is that:The accused No. 1 - appellant herein is the husband of the deceased Sudha and accused Nos. 2 and 3 are the father-in-law and mother-in-law of deceased Sudha respectively. The deceased Sudha married to the appellant on 27-3-1993. At the time of marriage, the accused demanded dowry of Rs. 1 lakh and gold ornaments. However, a cash of Rs. 50,000/- and certain gold ornaments were given to the accused by the parents of the deceased. Subsequent to the marriage, said Sudha lived with accused persons in Vijayanagar, Bangalore. After some time, the appellant and deceased Sudha took a house on rent and lived separately in M. C. Layout, Bangalore. Th...
Tag this Judgment!Maritammappa and ors. Vs. Kalappa and anr.
Court: Karnataka
Decided on: Sep-23-2004
Reported in: AIR2005Kant131; 2005(1)KarLJ359
V. Gopala Gowda, J.1. The appellants were defendants and respondents were plaintiffs in the Trial Court. For the sake of convenience, the parties are referred to in this judgment as per their rank in the Trial Court.2. The plaintiffs filed the suit for declaration that they have got right to perform poojas and other ceremonies in Grama Devatha Temple of Adavi Somapur and for injunction restraining the defendants from obstructing the performance of poojas and ceremonies by the plaintiffs in the temple. It is the case of the plaintiffs that the temple belongs to public trust registered under the Bombay Public Trust Act and the father of the plaintiffs was the Trustee of the same. After his death, the plaintiffs became the Trustees and performing pooja and ceremonies. Since the defendants caused obstruction in performing the poojas etc., in the temple, the suit is filed.3. Since the defendants have not filed written statement, the suit was initially decreed. However, in R.A. No. 43 of 199...
Tag this Judgment!T. Shankare Gowda and ors. Vs. the Returning Officer, Keragodu Educati ...
Court: Karnataka
Decided on: Sep-22-2004
Reported in: ILR2004KAR5136
ORDERRam Mohan Reddy, J.1. W.P. No.44217-220 of 2003 are filed assailing the correctness of the order dated 5.8.2003 of the 3rd respondent-District Registrar directing the holding of the election to the post of Managing Committee of the 2nd respondent Society, while W.P. No. 45715/ 2003 is filed calling in question the order dated 12.10.2003, indefinitely postponing the elections. Common question of law and that of fact arise in the Writ Petitions, hence, by consent of the learned Counsel for the parties, they clubbed together, finally heard and are disposed off by this common order.2. The 2nd respondent is a Society, registered under the Karnataka Societies Registration Act, 1960, (for short the Act), engaged in the running of educational institutions at Keragodu in Mandya District. The petitioners state that the total membership of the Society consists of 66 members, out of whom 28 members including themselves were inducted as life members in the meeting of the Managing Committee hel...
Tag this Judgment!Sannasomannara Somashekarappa and ors. Vs. Gorappa Rudraswamy and ors.
Court: Karnataka
Decided on: Sep-21-2004
Reported in: 2005CriLJ1; ILR2004KAR4606; 2004(7)KarLJ582; (2005)ILLJ621Kant
ORDERHuluvadi G. Ramesh, J.1. Since these petitions arise out of common facts and allegations they have been taken up together for common disposal.2. In these petitions the petitioners have sought for quashing the entire proceedings pending before the Executive Magistrate/ Assistant Commissioner, Davangere for the offence punishable under Section 16 of the Bonded Labour System (Abolition) Act 1976 (for short 'the Act') pending in case nos. MAG (2) CR: 22/01-02 and MAG (2) CR: 23/01-02.3. The brief facts are that the petitioners in these two petitions are said to be accused persons alleged to have committed the offence Under Section 16 of the Act. As narrated in Crl. petition no. 3577/02 on 24.9.01 the Deputy Commissioner of Davangere District had freed four children who were alleged to have been working as bonded labourers with the petitioners and directed the Revenue Inspector of Kasaba Hobli, , Davangere Taluk to register a case against the petitioners. As per the said direction, the...
Tag this Judgment!Sanganagouda (Deceased) by L.R. Vs. the Tahsildar and anr.
Court: Karnataka
Decided on: Sep-21-2004
Reported in: 2005(1)KarLJ357
ORDERV. Gopala Gowda, J.1. The name of the petitioner was ordered to be entered in the R.T.C. by the Tahsildar under Annexure-L, dated 25-5-2004 in respect of Sy. No. 42 of Shamanatagi Village. By the impugned order at Annexure-M, the said order at Annexure-L is withdrawn. Petitioner is seeking to quash the impugned order on two grounds -- (1) It is violative of principles of natural justice and (2) The Tahsildar has no jurisdiction to revoke his own order. Reliance is placed upon the decision K.R. Lakshman v. State of Karnataka and Ors., : AIR1996Kant179 to contend that Tahsildar has no inherent power under Section 25 of the Karnataka Land Revenue Act, 1964.2. Earlier to Annexure-L, dated 25-5-2004, the Tahsildar passed order at Annexure-F, dated 22-3-2003 to enter the name of the petitioner. The same was modified by him under Annexure-G, dated 31-3-2003 to enter 12 to 32 acres in the name of the petitioner. But, the Assistant Commissioner has set aside the order of the Tahsildar date...
Tag this Judgment!Venkataravanaji Vs. State of Karnataka, Rep. by Its Secretary, Rural D ...
Court: Karnataka
Decided on: Sep-21-2004
Reported in: ILR2005KAR1682
ORDERShylendra Kumar, J.1. The writ petitioner is a person who had been given a vacant plot of land measuring 30X40' under the name and signature of the Block Development Officer and the Tahsildar, Srinivasapura Taluk, in terms of a site entitlement dated 20.1.1993. The Block Development Office and the Tahsildar were acting as a part of the Taluk House Committee constituted for the Purpose of distribution of sites to houseless persons.2. It is in respect of such an allotment of house site that the authorities it appears have instituted further action at the instance of some disgruntled elements in the village who it appears had approached the Chairman and other persons of the Ashraya Yojane Housing Committee requesting the Committee to cancel the allotment in favour of the petitioner and to ensure that the site which had been allotted in favour of the petitioner to be retained as a play ground as the neighbouring land it appears had been earmarked and allotted for the purpose of constr...
Tag this Judgment!Noel F.C. Pinto Vs. Mrs. Magdelien Mascarenhas (Deceased) by L.Rs and ...
Court: Karnataka
Decided on: Sep-21-2004
Reported in: 2004(7)KarLJ585
ORDERS. Abdul Nazeer, J.1. The properties in question admittedly belonged to one William Pinto. The 1st respondent, Magdelien Mascarenhas had made an application in Form 7 for grant of occupancy rights in respect of the said lands. The Land Tribunal, Mangalore, by its order dated 6-10-1981, granted occupancy rights in respect of the said lands in favour of the 1st respondent. Feeling aggrieved by the said order, the wife and children of the said William Pinto had filed W.P. No. 31030 of 1982. The 1st respondent had died when the matter was pending before this Court. During the pendency of the said writ petition, since the Land Reforms Appellate Authorities were constituted, the matter was transferred to the Land Reforms Appellate Authority, Mangalore, by the order dated 23-7-1986 and registered as Appeal No. LRAT 718 of 1986. The Land Reforms Appellate Authority, by its order dated 11-9-1987 held that since steps are not taken to bring the L.Rs of the deceased 1st respondent on record,...
Tag this Judgment!H.R. Shiva Kumar and ors. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Sep-20-2004
Reported in: 2004(7)KarLJ572
ORDERD.V. Shylendra Kumar, J.1. Petitioners claim to be the members of the Grama Panchayat. Petitioners have approached this Court praying for issue of the following writs.--(a) a writ in the nature of mandamus directing the respondents to permit a Scheduled Tribe woman or BCM-A or BCM-B to contest for the post of Adhyaksha of the Grama Panchayat;(b) any other appropriate writ or order or direction as this Hon'ble Court may deem fit to grant in the circumstances of the case.Circumstances under which these petitioners have approached this Court are that the post of President in this Grama Panchayat has been reserved in favour of a person belonging to the Scheduled Caste woman in terms of the Government notification issued in exercise of the power under Section 44 of the Karnataka Panchayat Raj Act, 1993.2. It appears the members of the Panchayat had expressed their lack of confidence in such a person who had been elected against the post of President having been reserved to such a categ...
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