Karnataka Court September 2004 Judgments
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El Mustafa El Fathi Vs. State of Karnataka
Court: Karnataka
Decided on: Sep-07-2004
Reported in: 2004CriLJ4796; ILR2004KAR4603; 2004(7)KarLJ495
ORDERA.C. Kabbin, J.1. This petition has been filed under Section 482 of the Cr.P.C, challenging the following portion of the order dated 5.8.04 passed by the learned Metropolitan Magistrate (Traffic Court-I), Bangalore, in C.C.No. 407/04':' The State is directed to take steps to deport the accused after the period of sentence'.2. The petitioner is a Sudan Nationalist, aged about 23 years. It is stated that he has been admitted to Brindavan College (Formerly National First Grade College), 2nd cross, Bhoopasandra, R.M.V. Extension II Stage, Bangalore, and the Bangalore University has permitted his admission for first semester in B.C.A., for the academic year 2004-05. He was arrested on the ground that he did not possess valid permit and visa. It was claimed by the petitioner that his passport No. 908324 dated 11.2.02 valid till 10.2.2005 and a valid visa had been lost. He further claimed that in respect of that the lodged a complaint in Ramamurthy Nagar Police station, Bangalore. To the...
Mehboob Bi Vs. the Airport Authority, by Its Administrative Officer an ...
Court: Karnataka
Decided on: Sep-06-2004
Reported in: ILR2004KAR4407; 2004(7)KarLJ487
ORDERRam Mohan Reddy, J.1. The petitioner claims damage and loss suffered by her due to the negligence of the Officer of the State. It is the case of the petitioner that she is a permanent resident of Mysore, has a daughter residing at Kingdom of Saudi Arabia, who delivered a baby after a surgery, required the petitioner to go over to Saudi Arabia and assist her daughter. In this regard, it is claimed that she purchased a ticket from an agent to travel by air from Bangalore to Bombay enroute to Daman for which she had paid a sum of Rs. 30,300/-. The journey was scheduled on 10.6.2002 at 00.10 hours by flight No. A1-443.K of Air India. It is said that the 3rd respondent, carrier issued a boarding pass No. 80 at 23.20 hours on 9.6.2002 and she checked in on the said date at 23.20 hours. Thereafter, reported at the counter for immigration check, but the said authority, without assigning any reason, did not clear her for boarding the flight and made a demand of Rs. 5,000/- and in addition,...
Silva UddIn Vs. Nagaraju
Court: Karnataka
Decided on: Sep-03-2004
Reported in: ILR2004KAR4782; 2004(7)KarLJ484
ORDERH.G. Ramesh, J. 1. By consent of learned Counsel, I have heard the petition finally on merits and is being disposed of by this order.2. This Revision Petition by the tenant is directed against the interlocutory order of the trial Court dated 22.07.2003 allowing the application-I.A. No. 15 filed by the landlord/respondent under Section 45 of the Karnataka Rent Act, 1999 ('the Rent Act' for short) in HRC No. 730/1998 by directing the petitioner/tenant to pay or deposit a sum of Rs. 20,000/- being the arrears of rent from 27.11.1996 to 27.6.2003 within a period of one month. The petitioner was also directed to be regular in payment of future rents as and when they fall due and on default, the landlord is given liberty to take steps for the petitioner's eviction.3. Mr. Javed Ahmed Khan, learned Counsel for the petitioner submitted that the petitioner has denied the jural relationship of landlord and tenant between him and the respondent and there was no attornment of tenancy in favour...
K.G. Hadpad Vs. the Registrar, Karnataka University and anr.
Court: Karnataka
Decided on: Sep-02-2004
Reported in: 2005(3)ESC2148; 2004(7)KarLJ472
ORDERN. Kumar, J.1. Petitioner was appointed to the post of 'Computer' by respondent -1 to work in the Karnataka University Press as per Annexure --A. He has been working since 12th June 1975. As on the date of the Writ Petition, he has put in 19 years of service in the Press. Petitioner is a B.A. graduate. He has also passed Senior Proof Readers examination. The Deputy Director has recommended the case of the petitioner for promotion to the next higher post. The Press Advisory Board in its meeting held on 17.2.1992 recommended that petitioner be promoted as Technical Supervisor, the post which will fall vacant on promotion of JA Periera.2. When things stood thus, the second respondent wrote a letter dated 7.10.1993 (Annexure-B3) to the Registrar of Karnataka University requesting him to delete the recommendation made in respect of the petitioner by the Press Advisory Board. Thereafter the Karnataka University issued an advertisement on 17.1.1994 as per Annexure-B5 calling for applicat...
Gromax Papers and Boards Ltd. Vs. Ramgopal Paper Mills Ltd.
Court: Karnataka
Decided on: Sep-02-2004
Reported in: [2005]58SCL281(Kar)
ORDERD.V. Shylendra Kumar, J.1. C.A. 1063/2002 is filed by M/s. Gromax Papers and Boards Limited, a company which has purchased the assets of M/s. Ramgopal Paper Mills Limited, Company under liquidation in terms of an order dated 3-9-1997 passed by this Court.2. The Official Liquidator attached to this Court has been put in charge of the winding up operations of the Company ever since the order was passed for winding up of the company and has been taking steps for realization of the assets.3. M/s. Karnataka State Industrial Investment and Development Corporation is a secured creditor of the Company under liquidation and it appears the secured creditor had taken over the factory unit of the Company under liquidation in exercise of its powers under Section 29 of the State Financial Corporations Act even prior to the winding up order having came to be passed by this Court. As on the day, when the winding up order was passed, M/s. KSIIDC was in charge of the assets of the Company.4. During...
The Manager, City Co-operative Bank Ltd. Vs. State of Karnataka, by It ...
Court: Karnataka
Decided on: Sep-01-2004
Reported in: ILR2004KAR4394; 2004(7)KarLJ467
ORDERMohan Shantana Goudar, J.1. By the impugned order, the Court below has issued fine levy warrant against the petitioner herein in C.Misc. No. 59/2004 on the basis of the charge sheet submitted by the Regional Transport Officer, Davanagere.2. The grievance of the petitioner is that without there being any conviction of the petitioner as contemplated under Section 12 (l)(a) of the Karnataka Motor Vehicle Taxation Act, 1957 (hereinafter referred to as 'Act' for short), the recovery proceedings cannot be initiated. Sri Bhavani Singh, learned Additional State Public Prosecutor fairly submitted that the petitioner has to be prosecuted for the offence punishable under Section 12(l)(a) read with 3 and 4 of the Act and only after conviction for the said offences, the recovery proceedings can be initiated.3. It may be useful to refer to Section 12 of the Act, which reads thus:KARNATAKA MOTOR VEHICLES TAXATION ACT 1957: 12. PENALTIES (1) WHOEVER(a) as a registered owner or otherwise has posse...
M. Narayanswamy Vs. M. Vasu
Court: Karnataka
Decided on: Sep-01-2004
Reported in: ILR2004KAR4444; 2004(7)KarLJ469
N.K. Jain, C.J.1. These Writ Appeals are filed against the order dated 8.6.2004 passed in W.P. Nos. 21174/2004 and 21921/2004 wherein the learned Single Judge has declined to interfere with the order passed by the Trial Court in O.S.No. 3901/2003 rejecting the application I.A.s. I and II seeking permission to file written statement in the suit.2. The learned Counsel appearing for the appellant submitted that the learned Single Judge has erred in not interfering and further not appreciated the fact that the appellant could not file the written statement within 90 days as stipulated under Order 8 Rule 1 CPC. as he was suffering. He further submitted that the learned Single Judge also not appreciated the decision of this Court in MOHAMMED ANWAR SINCE DECEASED BY HIS LRS. v. SABIR AND ORS., : ILR2004KAR2759 wherein delay of nine years was not interfered and erred in relying on the decision in A. SATHYAPAL AND ORS. v. SMT. YASMIN BANU ANSARI, : ILR2004KAR1399 .3. Heard the learned Counsel f...
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