Karnataka Court January 2005 Judgments
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Veeramma Vs. Deputy Commissioner and ors.
Court: Karnataka
Decided on: Jan-05-2005
Reported in: ILR2005KAR1381; 2005(2)KarLJ1
N.K. Sodhi, C.J.1. The short question that arises for consideration in this writ appeal filed under Section 4 of the Kamataka High Court Act, 1961 is whether the alienation of 'granted land' made by the 3rd respondent in favour of the appellant after the coming into force of the Kamataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'Act'), without obtaining the permission of the State Government is valid? The question involved is purely legal and therefore the facts insofar as they are necessary for the disposal of the appeal are being noticed.2. Respondent 3 is a member of a Scheduled Caste and he was granted land sometime in the year 1972-73 and a grant certificate had been issued to him on 26-9-1975. Since the grant was made under the Land Grant Rules meant to benefit the Scheduled Castes in the State, a condition was imposed that the said land shall not be alienated for a period of 15 years from the date of g...
Guthyappa Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Jan-05-2005
Reported in: ILR2005KAR1268; 2005(2)KarLJ100
ORDERR. Gururajan, J.1. Guthyappa S/o. Late Kolla is challenging the order of the Land Tribunal, dated 28-12-2001 passed in KLR (TGP) AHD 22 of 1976-77 (Annexure-F) in the following circumstances.2. Petitioner-tenant belongs to poor ST community. His father late Kolla was a tenant in respect of the suit land under the 3rd respondent. 3rd respondent was the landlord. Petitioner's father filed Form 7 seeking occupancy rights in respect of the suit lands. An order was passed rejecting the application filed by the father of the petitioner. Writ petition was filed in this Court in W.P. No. 19329 of 1985. This Court in the light of the constitution of the Appellate Authority transferred the same to the Appellate Authority. The Appellate Authority was abolished and the matter was re-transferred to this Court. Again, the matter was converted as writ petition and the converted proceedings are numbered as W.P. No. 15013 of 1993. This Court after hearing, allowed the writ petition in terms of an ...
Sri K. Chandrasekhar and anr. Vs. Mac Charles India Ltd.
Court: Karnataka
Decided on: Jan-04-2005
Reported in: 2005(1)ALD(Cri)35; III(2005)BC586; [2005]126CompCas172(Kar); 2005CriLJ1120; ILR2005KAR395; 2005(2)KarLJ124
ORDERHuluvadi G. Ramesh, J.1. This petition is filed under Section 482, Cr.P.C. seeking for calling the records in connection with Criminal Revision 394/04 on the file of the Addl. District & Sessions Judge /Fast Track Court IV, Bangalore and to set aside the order dated 17.8.2004 and also the order passed by the XX Addl. Chief Metropolitan Magistrate, Bangalore dated 5.8.2004 on the application filed by the petitioners under Section 255, Cr.PC in CC 23005/1997 and to allow the said application. Brief facts are:2. The respondent has filed a complaint against these petitioners who are arrayed as accused 11 and 12 along with ten others. For the alleged offence under Section 138 r/w 141 and 142 of the Negotiable Instruments Act. In the complaint it is alleged that the 1st accused is a company registered under the Companies Act, the 2nd accused is the Managing Director of the said company and the registered office of the company is located at Mumbai. The accused company is conducting busin...
D. Muralidhar Vs. Central Bank of India
Court: Karnataka
Decided on: Jan-04-2005
Reported in: [2005(106)FLR170]; 2005(2)KarLJ47; (2005)IILLJ408Kant
ORDERH.L. Dattu, J.1. Petitioner joined the services of the Central Bank of India ('Bank' for short) as a Clerk in the year 1966 and thereafter he was promoted as an Officer in Junior Management Grade, Scale I and designated as Sub-Accountant with effect from 31-8-1984. While he was working as Sub-Accountant at Bellary Branch of the Bank, he was kept under suspension by issuing a memo dated 17-8-1991 in contemplation of departmental enquiry proceedings for the alleged financial irregularities said to have been committed by him while working as Branch Manager at Pattadakal Branch of the respondent-Bank.2. The Disciplinary Authority of the Bank had issued a charge memo dated 18-4-1992, inter alia alleging two charges against the petitioner. The first charge is that while working as in-charge of bills purchase department of the Bank, petitioner had purchased on various dates cheques/withdrawals on various outstanding branches and had not ensured their realisations which were ultimately tu...
Smt. C.S. Narmada Vs. Visveswaraiah Technological University and anr.
Court: Karnataka
Decided on: Jan-04-2005
Reported in: [2005(106)FLR377]; ILR2005KAR1156; 2005(2)KarLJ109
ORDERN.K. Patil, J.1. The petitioner being aggrieved by impugned memo bearing No. VTU/EXAM7/2001-02/2680, dated 19th June, 2002 issued by the Registrar (Evaluation) vide Annexure-A, order dated 19th June, 2002 bearing No. VTU/EXAM/2002-03/2685, dated 19th June, 2002 vide Annexure-C and the order dated 9th July, 2002 bearing No. VTU/EXAM/2001-02/3032 vide Annexure-K, respectively, has presented the instant writ petition. Further, the petitioner has sought to declare the memo and the aforesaid orders as devoid of any authority of law and as stigamatory and penal in nature.2. The brief facts of the case are that, the petitioner was in-service in R.V. Engineering College, Bangalore as Lecturer in the Department of Electronics and Communications. At the 3rd semester Examination conducted by the first and second respondents-Visveswaraiah Technological University, Belgaum (hereinafter called the 'University') in the month of January/February 2002, the petitioner was appointed as external exam...
Bharatiya Samskrithi Vidya Peeta Vs. the Secretary to the Government o ...
Court: Karnataka
Decided on: Jan-04-2005
Reported in: ILR2005KAR1234; 2005(2)KarLJ147
N.K. Sodhi, C.J.1. 5th respondent is an employee of the Bharatiya Samskrithi Vidya Peeta which is running a primary school in which this respondent is working as teacher. The school was receiving Grant-in-Aid from the State Government which was subsequently withdrawn because the management had allegedly violated some of the conditions on which the grant had been sanctioned. After the withdrawal of the Grant-in-Aid the management did not pay the salary to the 5th respondent at par with the salary of a Government school teacher. She then approached the State Government by filing a petition under Section 133 of the Karnataka Education Act, 1983. That petition was allowed by an order dated 8th February, 2000 and a direction was issued to the Government to pay salary to the 5th respondent at par with the salary of Government school teachers. Feeling aggrieved by this order the management filed Writ Petition No. 25112 of 2000 in this Court. That writ petition was dismissed by the learned Sin...
Venkappa Hunashikatti and ors. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Jan-04-2005
Reported in: 2005(2)KarLJ201
ORDERR. Gururajan, J.1. Writ Petition No. 31479 of 2004 is filed by Venkappa Hunasikatti challenging the order of the Land Tribunal dated 15-6-2004 at Annexure-C in the case on hand. Writ Petition Nos. 33646 to 33648 of 2004 are filed by Suresh Ambiger and two others challenging this very order. Both the petitions are taken up together for disposal.2. Facts in W.P. No. 31479 of 2004: Petitioner's father Somappa Hunasikatti filed Form 7 before the Land Tribunal, Bilagi in respect of the lands bearing Sy. Nos. 100, 101, 102, 103, 104 and 105 of Kolur Village in Bilagi Taluk, Bagalkot District. The Tribunal by its order dated 6-9-1975 allowed the application and granted occupancy rights in favour of Somappa. Necessary entries have been carried out in the revenue register in respect of the lands. As per conditions of grant of occupancy rights in respect of the lands, lands could not be sold to any one within a period of 15 years from the date of conferment of occupancy rights in favour of ...
Mahadevappa Vs. Mysore Urban Development Authority
Court: Karnataka
Decided on: Jan-04-2005
Reported in: 2005(2)KarLJ249
ORDERK. Sreedhar Rao, J.1. The petitioner was an employee of the respondent as a Gangman. The petitioner is retired from service. The respondent by an order dated 24-10-2002 informed the petitioner that he is deemed to have retired from service with effect from 31-8-1999. The petitioner shall be relieved from service forthwith on 24-10-2002. It is the case of the respondent that the petitioner had given wrong date of birth as 6-8-1949 instead of 6-8-1941. After an enquiry the respondent found that the correct date of birth is 6-8-1941 and the petitioner should retire on attaining superannuation with effect from 31-8-1999 but he illegally continued to be in-service till 24-10-2002. Therefore the respondent issued a notice at Annexure-F, dated 12-11-2002 directing the petitioner to reimburse the 37 months salary in a sum of Rs. 2,59,248/- and other benefits obtained by him which is totally in a sum of Rs. 2,69,681/- failing which the respondent threatened to initiate necessary action for...
The Bangalore District and Bangalore Rural District Central Co-op. Ban ...
Court: Karnataka
Decided on: Jan-03-2005
Reported in: ILR2005KAR377; 2005(2)KarLJ81
ORDERK. Bhakthavatsala, J.1. In this batch of Writ Petitions the Petitioner/Co-operative Bank seeks direction to Respondent No. 4 to effect entries as to charge in the revenue records in respect of the properties mentioned in the schedule as per Sections 127 to 129 of the Karnataka Land Revenue Act, 1964.2. The Respondent Nos. 1 to 4 are represented by Sri. Shashidhar Karamadi, learned Government Pleader, The Respondent No. 5 is represented by Sri K. Suman.3. With the consent of the learned Counsels for the parties, heard arguments for final disposal.4. The brief facts of the case leading to the filing of the batch of Writ Petitions may be stated as under;-The Petitioner/Co-Operative bank raised a dispute in No. JRB.DIS/912/93-94 against the 5th Respondent viz, Vyalikaval House Building Co-operative Society (in short, 'the society')as the Society did not repay loan of Rs. 15.50 crores, before the Joint Registrar of Co-operative Societies, Bangalore Division, and also obtained orders da...
Smt. Sulochana Tai Yeshwanti Ankolekar Vs. Sundar and anr.
Court: Karnataka
Decided on: Jan-03-2005
Reported in: AIR2005Kant226; ILR2005KAR1131; 2005(2)KarLJ75
V.G. Sabhahit, J.1. This appeal by the plaintiff is directed against the judgment and decree passed by the District Judge, Karwar, in R.A. No. 10 of 1987, dated 13-9-1994 reversing the judgment and decree passed by the Civil Judge, Karwar in O.S. No. 10 of 1977, dated 11-9-1987.2. The essential facts of the case leading upto this appeal with reference to the rank of the parties before the Trial Court are as follows:The plaintiff filed the suit for a declaration that she is the owner of the A schedule property and entitled to possession of the same and in the alternative that she is the adopted daughter of Yeshwanti and wherefore she is entitled to declaration of title in respect of the schedule properties. In the alternative for partition and possession of one half share in A and B schedule properties.3. It is averred in the plaint that the plaint schedule properties are the self-acquired properties of the plaintiff's mother Yeshwanti Tai Solru Ankolekar who died on 17-3-1961 at Bombay...
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