Karnataka Court April 2006 Judgments

Sri. Poojari Krishnappa and ors. Vs. the State by Hoskote Police and o ...

Court: Karnataka

Reported in: 2006CriLJ3142; 2007(6)KarLJ229

A.C. Kabbin, J.1. This revision petition has been preferred by the parents of a minor girl (name not mentionedto avoid identity), who had been allegedly kidnapped on 29.8.05. On the basis of a complaint lodged by her father on 15.9.05, a case was registered against the suspected persons and investigation was taken up. It is stated that she was traced and was produced before the learned JMFC, Hoskote at 9.30 p.m. on 24.9.05 in his home office. The grand parents the victim (respondents 2 and 3) appeared and assuring that they would take care of the victim girl, they took custody of the victim girl.2. On 7.10.05, the complainant i.e., the father of the victim girl filed an application for giving the custody of the victim girl him. On the ground that the victim girl filed objections to that application and she was not inclined to go with her parents, an order was passed by the learned JMFC on 11.10.05 directing that the victim girl be detained in the custody of WASI of Hoskote Police Stati...

Karnataka State Road Transport Corporation Vs. Sri Ahmed and ors.

Court: Karnataka

Reported in: 2006(4)KarLJ188; (2007)ILLJ152Kant

K. Bhakthavatsala, J.1. The Appellant in this Appeal is the Karnataka State Road Transport Corporation (hereinafter referred to as 'the Corporation'), In this Appeal, the Appellant has called in question the correctness of the order dated 20th of December 2001 made in WP No. 2548/1999 by the Learned Single Judge of this Court.2. The facts in brief may be stated as hereunder:The 1st Respondent (hereinafter referred to as 'the workman') was appointed as a Peon in the Chikballapur depot in Kolar Division of the Corporation. The 2nd Respondent is the wife of the workman, (hereinafter referred to as 'the workman's wife).During the course of employment of the workman, since the workman was suffering from diabetics, which turned as gangrene, both the legs of the workman came to be amputated above the knee, resulting in the workman not being in a position to discharge the normal duties in the Corporation. Under these circumstances, the workman filed an application before the Corporation on 16t...

Dr. Vijayalakshmi Basavaraj Working as Deputy Director (Technical), Al ...

Court: Karnataka

ORDERD.V. Shylendra Kumar, J.1. This writ petition arises in the context of a public notification dated 30-3-2004 [copy at Annexure-B] issued by the respondent No. 3-All India Institute of Speech & Hearing, Mysore [for short the Institute], inviting applications for fitting up the post of Director at the Institute indicating the essential qualification for the aspiring applicants, desirable qualification, age limit, last date for receipt of the application and allied matters. Petitioner was one among the aspiring applicant for the said post.2. It is averred in the writ petition that the respondent No. 3-Institute had intimated the petitioner among other applicants who were qualified to fill up the post to attend the interview to be held on 22-11-2004. It is also averred that including the petitioner, six other candidates attended the interview on this date. The version of the petitioner is that her performance in the interview was quite good, in fact, far above the performance of other...

Karnataka Power Transmission Corporation Limited, a Company Incorporat ...

Court: Karnataka

Cyriac Joseph, C.J.1. This Writ Appeal is filed against the judgment dated 7.1.2005 in Writ Petition No. 40315/1999 which was allowed by the learned single Judge. The appellant is the second respondent in the Writ Petition.2. The Writ Petition was filed by the first respondent herein. The first respondent joined the services of the Karnataka Electricity Board (present Karnataka Power Transmission Corporation Limited) as a Junior Assistant in its O & M Division, Hubli, in the year 1977. As per Annexure-'B' order dated 5.9.1975, the Karnataka Electricity Board had accorded sanction to grant four advance increments to the employees on securing additional/higher qualifications as detailed in the Annexure to the said order without prejudice to their normal increments. As per the Annexure to the said order, a Junior Assistant/Typist is entitled to four advance increments if he acquired 'a Degree in Commerce or Arts or Science of a recognised University'. Later as per Annexure-'C' order dated...

Fakirappa Ittappa Belur and Shrishail Basavanappa Karishetti Vs. State ...

Court: Karnataka

Reported in: 2006CriLJ3390

K. Sreedhar Rao, J.1. A.1 and A. 2 are convicted for committing offence punishable Under Section 20(b)(i) of the N.D.P.S. Act.2. The facts of the prosecution disclose that P.W.5 along with his staff on credible information of transportation of the ganja came to the bus stand at Ramdurg at 12-2-97 at 1 p.m. A.1 was apprehended. From his possession 1 Kg of ganja is seized. A.1 informs P.W.8 that he purchased ganja from A.2 for the purpose of sale. P.W.8 along with panchas and staff proceeded to the shop of A.2. 7 Kgs of ganja is seized from the shop. Mahazars are prepared at the spot regarding the seizure of ganja from A.1 and A.2 duly witnessed by the independent panchas.3. The facts stated in the charge sheet disclose that the possession of ganja by A.1 and A.2 are different and distinct offences with no inter-se relationship to constitute same transaction. The investigation agency has imprudently filed a common final report in respect of A.1 and A.2 and joint trial is held in violatio...

The Branch Manager, the New India Assurance Co. Ltd. Rep. by the Deput ...

Court: Karnataka

Reported in: 2007ACJ1858; 2007(3)KarLJ305; 2007(1)Kar720; 2007(3)KLJ305; 2007(2)KCCR924; 2007(2)AIRKarR246; 2007(3)CivilLJ624(DB).

1. These Miscellaneous First Appeals under provisions of Section 173(1) of the M.V. Act, 1988 (In short 'the Act'), are directed against the judgment and award dated 14-02-1995 passed in MVC 1/2002 on the file of MACT-I & Principal District Judge, Bijapur awarding compensation of Rs. 7,50,000/- with Interest @ 8%PA to the claimants.2. The award in MVC 1/2002 is passed in a claim petition preferred by the parents, brothers and sisters of one Manoj Kumar, who died in a motor vehicle accident on 08-11-2001 involving car bearing registration No. PB-08 / and-6219 and truck bearing registration No. HR-38 / D-3719. The accident is said to have occurred on Bombay-Pune Highway near Nalgaon Village, within the territorial jurisdiction of Wadagaon-Moval Police Station.3. The factual matrix manifest from the records reveals:That Manoj Kumar, a bachelor, employed as Sales Executive in M/s Aries Agro Vet Industries Limited, while on official duty was returning from Bombay in a car bearing registrati...

Pharmaceutical Chemical and Allied Employees' Union Vs. State of Karna ...

Court: Karnataka

Reported in: [2006(111)FLR201]; (2007)ILLJ66Kant

ORDERR. Gururajan, J.1. Petitioner is a registered trade union of the second respondent-Company.Second respondent-Management is engaged in the manufacture of health care, oral hygiene, personal care, medicinal and surgical products. The second respondent's unit at Bangalore is engaged in the manufacturing of Sutures. It employed about 157 workmen. On 27-11-1995 the management resorted to laying off G6 workmen on the ground of power cuts. On 1-12-1995, the management issued notice suspending the manufacturing operations at the Bangalore Unit. Management approached the Government for permission to close down the establishment. An application was filed. Same was rejected. Subsequently another application was filed on 14-5-1999. That was again rejected. The said order was challenged in W.P. No. 19042 of 1996. This Court rejected the petition in terms of its order dated 17-4-1998. Aggrieved by this order, management filed a Writ Appeal No. 1925 of 1998. During the pendency of the writ appea...

N.M Vishwanath Vs. Cit

Court: Karnataka

Reported in: (2006)204CTR(Kar)1; [2006]286ITR487(KAR); [2006]286ITR487(Karn); [2006]155TAXMAN170(Kar)

N. Kuwar, J.This reference arises out of the order of the Tribunal, Bangalore Bench dated 13-6-1995 made in ITA No. 985/Bang/1989, under section 256(1) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'), at the instance of the assessee. The questions referred for our opinion are as under :'1. On the facts and in the circumstances of the case, whether the Tribunal is right in holding that reassessment proceedings were rightly initiated for the assessment year 1972-73 and the income tax officer was not seized of the information relating to acquisition of house property, although the same was reflected in wealth-tax records for the assessment year 1973-74 and when that records were available when original assessment under Income Tax Act was made ?2. On the facts and in the circumstances of the case, whether the Tribunal was justified in restricting the interest levied under section 139(8) and under section 217(1A) of the Act to the figures in original assessment ?'2. Brief...

J.L. Morison (India) Ltd. and anr. Vs. the Secretary Labour and Social ...

Court: Karnataka

Reported in: [2006(110)FLR732]; (2007)ILLJ41Kant

R. Gururajan, J.1. M/s J L Morison (India) Ltd., (for short 'the company') has preferred this appeal being aggrieved by the order of the Learned Single Judge dtd. 17-4-1998 passed in WP No. 19042/1996.2. The facts in brief are as under:The Company is engaged in the manufacture of health care, hygiene and personal care, medical and surgical products. At the Bangalore factory it is engaged in the manufacture of surgical sutures. The total number of workmen employed at the Bangalore Factory was 157 out of which 22 have opted for retirement. The appellant lost its market as it was unable to modernize and keep pace with fast changing technology. The main competitor of the appellant was M/s Johnson and Johnson. It has captured more than 97% of the market share giving them a monopoly status. Appellant met with financial losses during the year 1992-1993, 1993-94 and 1994-95. In those circumstances, an application was filed seeking for permission under Section 25(0) of the Act. The Government h...

Shantinagar House Building Co-operative Society Limited Vs. State of K ...

Court: Karnataka

ORDERAnand Byrareddy, J.1. The petitioner is a society registered under the Karnataka Cooperative Societies Act, 1959. It is contended that lands in Survey Nos. 1, 2/1, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of Srinivagilu, Amanikere, Begur Hobli, Bangalore South Taluk and Survey No. 12/1 of Jakkasandra Village, Bangalore South Taluk, came to be acquired by the State for the benefit of the petitioner-society and its members, and the proceedings were completed in the year 1988.2. That the petitioner-Society has in turn allotted sites to its members and conveyance of the same by registered documents in favour of such members is substantially completed.3. It is the petitioner's complaint that respondents 3 to 8 who are erstwhile owners of the acquired land (to the extent of 60 acres 20 guntas out of 66 acres 22 guntas acquired) are seeking to alienate the very lands and that the said respondents have, in collusion with respondents 9 to 15, executed sale deeds and have even got the same regist...