Karnataka Court March 2005 Judgments
The Divisional Manager, New India Assurance Company Ltd., Rep. by Its ...
Court: Karnataka
Decided on: Mar-31-2005
Reported in: III(2005)ACC104; 2006ACJ1533; ILR2005KAR1711; 2005(3)KarLJ416
Huluvadi G. Ramesh, J.1. This is an appeal by the insurer being aggrieved by fixing of the liability regarding payment of compensation for the damage caused to the claimant's property in M.V.C.No. 2398/2002 by the III Addl. Civil Judge (Sr.Dn.) & Addl. MACT., Belgaum. The claim petition was filed by the claimant-respondent No. 1 stating that on 18.9.2002 around 7.00 P.M. one Shekhar Basawaneppa Bodaki and his wife were returning from their agricultural land to home in the bullock cart carried by two bullocks belonging to the said Shekhar. Shantawwa being relative of the said Shekhar was using the bullock cart for the purpose of agriculture and they were proceeding towards Hirebagewadi in left-side of the road by observing the traffic rules. But, in the meanwhile a goods truck bearing No. MEH-5086 came from Hirebagewadi side in a rash and negligent manner in a great speed and dashed to the bullock cart. Due to the impact, both Shekhar and his wife sustained grievous injuries and thereaf...
Tag this Judgment!D.K. Ganapathy and ors. Vs. the Managing Director and the Disciplinary ...
Court: Karnataka
Decided on: Mar-31-2005
Reported in: [2005(106)FLR26]; ILR2005KAR1884
ORDERN.K. Patil, J.1. In these writ petitions, the petitioners have assailed the correctness of the order dated 17-9-1999 bearing No. STAFF/36/1995-96. Further, they have sought for a direction to the first respondent to conduct a fresh enquiry on the basis of the documents produced and also having regard to the facts and circumstances explained in the respective writ petitions2. Petitioner in W.P. No. 36717/1999 is working as a Field Assistant and the petitioner in W.P. No. 32124/2000 is working as a Manager in the first respondent-Corporation. It is the case of the petitioners that they were discharging their duties with utmost sincerity and honesty and without having any unblemished record in their service. On the basis of alleged misappropriation of cash by the petitioners, not being remitted well in time, the first respondent-Corporation had appointed an Enquiry Officer. The Enquiry Officer, after conducting the enquiry and after affording opportunity to the petitioners and the ot...
Tag this Judgment!Chairman Shishuniketan and ors. Vs. Abdul Rashid
Court: Karnataka
Decided on: Mar-31-2005
Reported in: ILR2005KAR2136; 2005(4)KarLJ197
ORDERB.S. Patil, J.1. The petitioner-Institution is calling in question order dated 11.3.2005 passed by the Educational Appellate Tribunal, Bijapur, in E.A.T. Appeal No. 3/2004.2. Brief facts which are essential for the purpose of disposal of this case as pleaded by the parties can be set out as under:Respondents herein was appointed as a physical Education Teacher and was working as such since 28.8.1995. On 29.4.2004 he tendered his resignation addressed to the Chairman of the petitioner-Institution to be effective from 28.7.2004. Subsequently, on 7.6.2004, he addressed another letter to the Chairman withdrawing the said resignation letter. It is the case of the petitioner that since the resignation was voluntarily submitted by the petitioner, the petitioner-Institution did not entertain the subsequent letter of revocation of the resignation letter and therefore having regard to the resignation submitted, the petitioner-Institution accepted the same and relieved the petitioner by lett...
Tag this Judgment!Amalgamated Bean Coffee Trading Co. Ltd. Vs. Zarir Minoo Bharucha and ...
Court: Karnataka
Decided on: Mar-31-2005
Reported in: ILR2005KAR2089; 2006(4)KarLJ67
ORDERAjit J. Gunjal, J.1. Both these petitions are disposed of by this common order,2. These petitions are by the plaintiff which is a company incorporated under the Companies Act, 1956. A suit is filed by them against the respondents herein who are the defendants.3. The plaint averments would disclose that the 1st defendant namely the 1st respondent herein is the owner of the property bearing Sy. No. 19 situated at Mailasandra village, Bangalore South Taluk measuring 15 acres 9 guntas. The 1st respondent/1st defendant entered into a memorandum of understanding dated 23.12.1996 with the 2nd respondent 12th defendant under which the 1st respondent/1st defendant agreed to sell the schedule property in favour of the 2nd respondent 2nd defendent and both of them agreed to develop the property through a Company, in which both of them were to be the shareholders. It appears during December 2000, the 2nd respondent/ 2nd defendent approached the plaintiff-petitioner for himself and on behalf o...
Tag this Judgment!A.N. Nagarjuna Vs. K.C. Nanjula
Court: Karnataka
Decided on: Mar-31-2005
Reported in: II(2005)DMC632; ILR2005KAR2346; 2006(3)KarLJ415
ORDERK.L. Manjunath, J.1. The respondent has filed a Petition in M.C. No. 726/2001 on the file of Family Court at Bangalore for grant of divorce and to award a maintenance of Rs. 10,000/- per month for the rest of her life. The petitioner is working as Deputy Commissioner of Commercial Taxes. The respondent was working in a Bank and now she has obtained voluntary retirement. In the proceedings before the Family Court, the respondent filed an application under Section 24 of the Hindu Marriage Act requesting the Court to direct the petitioner herein to pay a maintenance of Rs. 7,500/- per month contending that her husband is getting more than Rs. 20,000/- as salary per month and that she is not in a position to maintain herself and that she cannot be a burden to her father. The petitioner-husband contended that the respondent-wife has received a retirement benefit of Rs. 9,00,000/- (Rs. Nine Lakhs), therefore, she is not entitled to claim a separate maintenance. The respondent further co...
Tag this Judgment!Mahantesh Vs. the State of Karnataka
Court: Karnataka
Decided on: Mar-31-2005
Reported in: ILR2005KAR4061; 2006(2)KarLJ598
S.R. Bannurmath, J.1. Being aggrieved by the judgment of conviction dated 4.4.2002 passed by the Learned Sessions Judge, Belgaum, in Sessions Case No. 97/2000 finding the accused guilty of the offences punishable under Section 302 IPC and sentencing him to imprisonment for life, the present appeal is filed.2. The brief facts giving rise to the present case as per the prosecution are as follows:-The deceased Bharathi daughter of PW-1 Thangawwa originally resident of Hulikavi Village was married to accused about seven years prior to her death on 18.11.1999. According to the prosecution after the marriage, the accused who hails from Muthwad Village in Saundatti Taluk came to eke his livelihood and settled in the Janatha Plot houses at Hirebagewadi. According to the prosecution, in spite of seven years of marriage the deceased did not get any children and angered by the same, the accused used to assault her, treating cruelly especially while in drunken condition. It is alleged that in spit...
Tag this Judgment!New India Assurance Company Ltd. Vs. Kalappa Channappa Hanchimani and ...
Court: Karnataka
Decided on: Mar-31-2005
Reported in: 3(2005)ACC104
Huluvadi G. Ramesh, J.1. This is an appeal by the insurer being aggrieved by fixing of the liability regarding payment of compensation for the damage caused to the claimant's property in M.V.C. No. 2398/2002 by the III Addl. Civil Judge (Sr. Dn.) and Addl. MACT., Belgaum. The claim petition was filed by the claimant-respondent No. 1 stating that on 18.9.2002 around 7.00 p.m. one Shekhar Basawaneppa Bodaki and his wife were returning from their agricultural land to home in the bullock cart carried by two bullocks belonging to the said Shekhar. Shantawwa being relative of the said Shekhar was using the bullock cart for the purpose of agriculture and they were proceeding towards Hirebagewadi in left side of the road by observing the traffic rules. But, in the meanwhile a goods truck bearing No. MEH-5086 came from Hirebagewadi side in a rash and negligent manner in a great speed and dashed to the bullock cart. Due to the impact, both Shekhar and his wife sustained grievous injuries and the...
Tag this Judgment!Commissioner for Hindu Religious and Charitable Endowments and anr. Vs ...
Court: Karnataka
Decided on: Mar-30-2005
Reported in: ILR2005KAR2205; 2005(5)KarLJ581
ORDERP. Vishwanatha Shetty, J.1. In this appeal, the appellants have called in question the correctness of the order dated 14th October 2004 made in Writ Petition No. 31057/2004 by the learned single Judge. In the Impugned order, the learned single Judge has quashed the communication dated 11th May 2004, a copy of which has been produced as Annexure-A to the writ petition. In Annexure-A, the 1st appellant has rejected the request of the respondent temple to disburse the surplus amounts of the temple to various institutions. The learned single Judge has quashed the impugned order primarily on the ground that on an earlier occasion having permitted similar donations being made to various institutions, the 1st appellant was not justified in passing the impugned order.2. Sri Ramanjaneya Gowda, learned Addl. Government Advocate appealing for the appellants submitted that in the light of the provisions contained in the Karnataka Hindu Religious Institutions and Charitable Endowments Act 1997...
Tag this Judgment!Bola Raghavendra Kamath and Sons Vs. the Industrial Promotional Office ...
Court: Karnataka
Decided on: Mar-30-2005
Reported in: ILR2005KAR2902; [2006]144STC522(Kar)
ORDERAbdul Nazeer, J.1. In this Case, the question arises for consideration is 'whether the certificate of exemption granted to an Industrial Unit granting exemption from payment of sales tax can be modified after the expiry of the period of exemption?'.2. The brief facts of the case are as follows:-The petitioner is a dealer engaged in the manufacture, sale and export of Cashew Kernels. It is registered under the provisions of the Karnataka Sales Tax Act, 1957 (for short 'KST act') and Central Sales Tax Act (for short 'CST Act') and is borne on the file of Deputy Commissioner of Commercial Taxes (Assessments) Udupi.3. The State Government has sanctioned revised package of incentives and concessions for new industrial investments in the State by Government Order No. CI 138 SPC 90 (P) dated 27.9.90 with effect from 1.10.90. The scheme was made with a view to achieve accelerated industrial development in all sectors namely tiny, small, medium and large scale industries. The new industria...
Tag this Judgment!Vijaya Leasing Limited Vs. the State of Karnataka by Its Secretary and ...
Court: Karnataka
Decided on: Mar-29-2005
Reported in: ILR2005KAR2539; 2006(4)KarLJ126
S.R. Nayak, J.1. The Writ Petitioner being aggrieved by the order of the Learned Single Judge dated 26th August 2002 passed in W.P. No. 2565 of 2001 has preferred this writ appeal.2. The appellant is a company registered under the provisions of the Companies Act. An immovable property admeasuring 21480 Sq.Ft comprised in sites bearing No. 526, 527, 528, 529, 530, 531 and 532 carved out in Survey No. 57 of Tippasandra, K.R. Puram Hobli, Bangalore South Taluk which land is hereinafter shortly referred to as 'the schedule land' originally belonged to one late A. Thimma Reddy, son of Muniswamappa. The scheduled land was sold by A. Thimma Reddy to the vendors of the writ petitioner. The petitioner company purchased the schedule land under two registered sale-deeds dated 28-11 -1995. After the State Government in exercise of its eminent domain power initiated the proceedings to acquire the schedule land for a public purpose, to wit, formation of HAL II stage layout by issuing Section 4(1) No...
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