Karnataka Court February 2005 Judgments
Balappa Vs. State of Karnataka
Court: Karnataka
Decided on: Feb-10-2005
Reported in: 2005CriLJ2346; II(2005)DMC225; ILR2005KAR1093; 2005(2)KarLJ286
A.C. Kabbin, J. 1. This case is a classic example of tainted investigation affecting the major charge thereby weakening the charge and pushing it into a whirpool of doubts generated by the contaminated investigation, ultimately resulting in drowning of the charge of murder in that whirpool of doubts.2. The appellant herein, who was an accused before the learned I Addl. Sessions Judge, Belgaum, in S.C. No. 44/2001, has been convicted of offences of treating his wife Surekha with cruelty and ultimately committing her murder. For the offence of murder punishable under Section 302 of the IPC, he has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 3,000/- in default to undergo further imprisonment for six months, and for the offence punishable under Section 498-A of the IPC, he has been sentenced to undergo imprisonment for three years and to pay a fine of Rs. 1,000/- in default to undergo further imprisonment for three months. In this appeal he is challenging the j...
Tag this Judgment!Muralilal Chabriya Vs. S. Murali and anr.
Court: Karnataka
Decided on: Feb-10-2005
Reported in: ILR2005KAR1341; 2005(2)KarLJ384
ORDERS.B. Majage, J.1. The appellant wants to implead B.D.A., Bangalore as respondent No.3 in this appeal for the reasons stated in Ms affidavit filed in support of I.A.III filed under Order 1 Rule 10 read with Section 151 of CPC; 2. It was vehemently argued for the appellant that in view of the provisions contained in Order 1 Rule 10, Order XLIII Rule 2 read with Order XLI Rule 20 besides Section 151 of CPC and certain decisions referred, the proposed third respondent is a necessary and proper party and as such, could be impleaded as, third respondent. On the other hand, the learned Counsel for the contesting respondent opposed the request submitting that the proposed third respondent is neither a necessary party nor a proper party in the present appeal and the provisions and decisions relied on for the appellant do not help the appellant to implead third respondent. Of course, the proposed third party has not opposed the request. Perused the records carefully. 3. The point for consid...
Tag this Judgment!Balaji Computers and ors. Vs. the State of Karnataka, Rep. by Its Prl. ...
Court: Karnataka
Decided on: Feb-10-2005
Reported in: ILR2005KAR1325; [2006]147STC98(Kar)
ORDERD.V. Shylendra Kumar, J.1. These Writ Petition are by persons who are registered as dealers under the provisions of the Karnataka Sales Tax Act, 1961 (for short the 'Act'). Petitioners are aggrieved by the notices issued to them by the assessing authority invoking the powers under Section 12-A of the Act proposing to re-open of the concluded assessments in respect of the 1st petitioner for the year 2001-2002 and in respect of the 2nd and 3rd petitioners for the year 2002-2003.2. The proposition notices indicates that insofar as the levy of turnover tax relating to computer, computer parts and computer peripherals is concerned, there was some escapement from the turnover that was subject to levy; that it was required to be brought to tax by re-opening the assessment and has indicated the proposed amount of tax after such re-opening etc.3. Petitioners have approached this Court being perturbed by these notices, where under the assessments that had been concluded for the respective y...
Tag this Judgment!Shri G. Rajan Vs. Union of India (Uoi), Rep. by the General Manager an ...
Court: Karnataka
Decided on: Feb-10-2005
Reported in: ILR2005KAR1764
ORDERS.R. Nayak, J.1. The delinquent being aggrieved by the order of the Central Administrative Tribunal, Bangalore Bench, Bangalore (for short, the Tribunal) dated 25th February, 2000 dismissing O.A. No. 854 of 1998 which was directed against the order of the respondent disciplinary authority imposing the penalty of removal from service as a disciplinary measure for the proven misconduct, has preferred this writ petition under Articles 226 and 227 of the Constitution of India.2. Let us first briefly refer to the background facts leading to the filing of the O.A. before the Tribunal:The petitioner was a Station Master Grade II at the relevant point of time. He was transferred from Bangalore Cantonment to Belandur station, and as per the instructions issued by the transferring authority he had to report for the duty at the new station on 07.03.1994. The petitioner went to Belandur railway station on 05.03.1994 and perused the Station Working Rules ('SWR', for short). As the petitioner f...
Tag this Judgment!V. Praveen Kumar Vs. the Chairman/Appellate Authority, Central Silk Bo ...
Court: Karnataka
Decided on: Feb-10-2005
Reported in: 2005(3)KarLJ389
ORDERN.K. Patil, J.1. The petitioner, questioning the legality and validity of the order dated 24th April, 2000 bearing No. CSB-1(14)/93-VIG vide Annexure-P and order dated 18th August, 2000 bearing No. CSB-1(14)/93-VIG vide Annexure-Q passed by the first respondent-Appellate Authority, confirming the order passed by the second respondent-Disciplinary Authority dated 15th March, 2000 bearing No. CSB-1(14)/93-VIG vide Annexure-N dismissing the services of the petitioner and treating the period between 3rd December, 1993 to 3rd August, 1999 as a period of non-duty, has presented the instant writ petition. Further, the petitioner has sought for a direction, directing the respondents to reinstate the petitioner with all consequential benefits including payment of back wages from 1993.2. On an earlier occasion, petitioner being aggrieved by the orders dated 3rd December, 1993 and dated 23rd April, 1994 passed by the Principal Secretary and the Chairman of the respondent-Central Silk Board (...
Tag this Judgment!K.M. Veereshaiah Vs. the State of Karnataka Rep. by Its Secretary to G ...
Court: Karnataka
Decided on: Feb-10-2005
Reported in: ILR2005KAR2598; 2005(4)KarLJ277
ORDERK. Sreedhar Rao, J.1. The petitioner is working as Hindi Teacher under Respondents 5 and 6. The institution of the 5th respondent is admitted to the benefit of grant in aid. While appointing the petitioner to the aided post of Hindi Teacher, the 5th respondent had taken valid approval from the 3rd respondent. After appointment, the proposals were sent by the 5th respondent for confirmation of the appointment by the third respondent. Annexure-B dated 25-2-00 is the order of approval granted by the third respondent. It appears that there was some legal hitch regarding the continuation of the benefit of grant in aid to the institution of the 5th respondent. In WP 38105/01 this Court directed that the benefit of grant in aid accorded to the 5th respondent institution cannot be discontinued and directed the continuation of benefit. The Government vide Annexure-D dated 9-1-03 directed the release of the grant to the 5th respondent on fulfillment of some of the conditions enumerated in t...
Tag this Judgment!Yashwanth Kumar Vs. Karnataka State Road Transport Corporation by Its ...
Court: Karnataka
Decided on: Feb-10-2005
Reported in: ILR2005KAR4428
ORDERK. Sreedhar Rao, J.1. The respondent called for applications for appointment to several technical posts vide Annexure-A bearing No. KaRaSa/Keka/ Nemaka/93/RDD/2003-04 dated 8.5.2003. The applicant offered himself to the selection by submitting application to the post of Assistant Artisan.2. Regulation 8 of the Cadre and recruitment Regulations prescribe the following qualifications:8. Category: Assistant Artisan (Class-III): Auto Mechanic/Auto Machinist/Auto Body Builder/Auto Welder/Auto Painter/ ElectricianTwo out of every three vacancies Must have rendered a serviceby promotion on the basis of not less than 3 years asSeniority Cum-merit form the Helper 'A' or a combinedCategory of Helper 'A' service of not less than 6 yearsas Helper 'A' and Helper 'B'ANDEvery third vacancy by direct a) A pass Certificate in ITI/recruitment, ITC/ NationalApprenticeship Certificateafter a pass in SSLC orequivalent qualification in:i) Auto Mechanic/Tyre Fitter/Vulcanising for AutoMechanic,ii) Turne...
Tag this Judgment!Krishna and anr. Vs. Sirsi Urban Co-operative Bank Ltd. Rep., by Its P ...
Court: Karnataka
Decided on: Feb-09-2005
Reported in: ILR2005KAR1349
ORDERMohan Shantanagoudar, J.1. By the impugned orders dated 27.9.2003 passed in Reference Nos. 276/85 and 18/86, the I Addl. Labour Court, Bangalore, held that it has no jurisdiction to entertain the disputes and consequently, closed the proceedings. While passing the impugned orders, the Labour Court relied upon the judgment of the Full Bench of this Court in the case of KARNATAKA SUGAR WORKERS FEDERATION (R), REP. BY ITS PRESIDENT, BANGALORE V. STATE OF KARNATAKA, REP. BY SECRETARY, DEPARTMENT OF CO-OPERATION, BANGALORE AND ORS. : (2003)IIILLJ502Kant .2. The records disclose that the petitioners herein who were the employees of the Respondent -Bank were terminated on 15'' March 1983 and 27th May 1983. The conciliation proceedings were failed. The appropriate Government referred the disputes for adjudication to the Labour Court. The disputes were pending before the Labour Court, Hubli since 1984 to February 1985. Thereafter, the disputes were transferred to 1 Addl. Labour Court, Bang...
Tag this Judgment!Bangalore Metropolitan Transport Corporation Vs. Gattappa
Court: Karnataka
Decided on: Feb-09-2005
Reported in: [2006(108)FLR47]; 2005(4)KarLJ474
ORDERR. Gururajan, J.1. Petitioner-Bangalore Metropolitan Transport Corporation is before me challenging the award of the Labour Court dated 24-5-2000 passed in I.D. No. 7 of 1992.2. Respondent-workman was taken as a badli conductor on daily wages w.e.f. 1-2-1971. He was placed on probation from 18-11-1976. His performance was not satisfactory. He was discharged from service on 19-3-1980. This discharge was not challenged by the workman. Thereafter, he was appointed as a fresh candidate and he was placed on probation w.e.f. 28-8-1987. Respondent-workman accepted the appointment order as a fresh candidate. Thereafter, he raised a dispute in the year 1992 under Section 10(1)(c) of the Industrial Disputes Act, 1947 (for short 'the Act') with regard to extension of the benefit of time-scale of wages w.e.f. 1-8-1971. He also sought for continuity of service and other monetary benefits flowing therefrom in terms of the reference made to the Labour Court. Parties filed their statements and co...
Tag this Judgment!Drakshayini Vs. Gangavva and anr.
Court: Karnataka
Decided on: Feb-08-2005
Reported in: AIR2005Kant239; ILR2005KAR1440
ORDERK.L. Manjunath, J. 1. The petitioner is the plaintiff in O.S.No. 189/2000 on the file of the Principle Civil Judge, Sr,Dn.), Hubli. The respondents are the defendants in the suit. The petitioner had filed an application for appointment of a Court Commissioner to record her evidence on the ground that she is unable to appear before the Court to give her evidence. The application filed by the petitioner was allowed. One Sri. C. P. Wali, Advocate was appointed as a Commissioner to record her examination-in-chief also. The respondents counsel objected for recording of examination-in-chief by the Commissioner. Therefore, the petitioner filed an application requesting the Court to permit the Commissioner to record her examination-in-chief. The application was opposed by the respondents and the application is also dismissed. Being aggrieved by the said Order, the Present Petition is filed.2. The only point to be considered by this Court in this Writ Petition is whether the Commissioner w...
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