Karnataka Court February 2007 Judgments
Prof. P.N. Shetty Vs. Director, Iti Limited
Court: Karnataka
Decided on: Feb-19-2007
Reported in: ILR2007KAR1175; 2007(4)KarLJ430; 2007(3)KCCR2118; 2007(3)AIRKarR50
ORDERS. Abdul Nazeer, J.1. In this case the petitioner has sought for an order directing the respondent to return all his belongings said to have been taken away by the respondent on 20.3.1999 from his house at Bangalore. He has sought for a further direction directing the respondent to deliver the said belongings to his present address or to his permanent address with an advance intimation to him to that effect.2. The brief facts of the case are as under;The petitioner had joined the respondent-Company in March 1980 as the Head of Personnel and Administration of Bangalore Complex. The respondent had transferred the petitioner from Bangalore to some other place. The transfer order was challenged by the petitioner by filing a writ petition before this Court. Thereafter, the petitioner was terminated from the post of Deputy General Manager on certain charges. The said order was also challenged by the petitioner before this Court. Both the writ petitions were allowed by the learned single...
Tag this Judgment!The Commissioner Rehabilitation and Resettlement, Upper Krishna Projec ...
Court: Karnataka
Decided on: Feb-19-2007
Reported in: ILR2007KAR1462; 2007(3)KarLJ219AIRKarR222; 2007(4)CivilLJ438(DB).
1. Aggrieved by the order of the learned single Judge dated 20.08.2003 whereunder following the decision in W.P.Nos. 27096-107/2003 dated 18.07.2003 directing the appellants herein to pay interest on the compensation awarded from the date of award till the date of payment of said amount, the present writ appeal is filed by the Government. There is no much dispute so far as the facts are concerned. The petitioners whose lands were acquired and submerged in the Almatti project had approached this Court in the said writ petition seeking entitlement for award of interest from the date of taking over possession of the residential building which was not paid to them.2. In this regard, considering the pronouncement of the Apex Court in the case of State of Madras v. K.N. Shanmugha Mudaliar and Ors. reported in : [1976]3SCR535 and on the basis of the submissions made by the learned Government Pleader appearing for the Government, the learned single Judge held that the petitioners are entitled ...
Tag this Judgment!C.C. Transport a Regd. Firm Represented by Its Managing Partner Sri C. ...
Court: Karnataka
Decided on: Feb-19-2007
Reported in: ILR2007(2)Kar1317; 2007(3)KCCR1594; 2007(3)AIRKarR198
ORDERK.L. Manjunath, J.1. According to the petitioner, he is the owner of 40 acres of land in Sy. No. 7/A of Aiyangeri village, Kodagu Dist. For non-payment of assessment amounting to Rs. 8839-60, 6 acres of land has been sold by the revenue authorities for a sum of Rs. 9256/-. Sale was held on 14.8.1990. R-4 did not deposit any amount on the date of sale and thereafter he deposited the amount on 4.9.1990. Sale was confirmed in favour of R-4. Aggrieved by the same, petitioner filed an appeal before the Deputy Commissioner, Kodagu, contending that a fraud has been played in selling the property of the petitioner even though it was a coffee plantation, it has been sold for a poultry sum of Rs. 9256/- and that R-4 did not deposit 25% of the amount on the date of the sale and the remaining 75% within 15 days as required under the law. Application of the petitioner had not been considered by the Deputy Commissioner. Ultimately, in W.A. 7321/1999 Division Bench of this Court on 7.3.2005 rema...
Tag this Judgment!Doddabidarakallu Gram Panchayath Rep. by Its President, Smt. Siddamma ...
Court: Karnataka
Decided on: Feb-19-2007
Reported in: ILR2007(2)Kar2260; 2007(3)KCCR1614; 2007(3)AIRKarR177;
ORDERRam Mohan Reddy, J.1. The Gram Panchayat of Doddabidarakallu, Yashwantpur Hobli, Bangalore North Taluk, has presented this writ petition to declare Section 302 of the Karnataka Panchayat Raj Act, 1993 as unconstitutional, unenforceable and to quash the notification. No. UDD 92 MNY 06 dated 16.1.2007, Annexure-A of the first respondent, insofar as it includes the area comprised in the petitioner Gram Panchayat, into the Bruhat Bangalore Mahanagara Palike.2. The petitioner-Gram Panchayat was constituted on 2.2.2005 under the Karnataka Panchayat Raj Act 1993, for short 'Panchayat Act' with 27 elected representatives, comprised of two villages by name Doddabidarakallu & Kariobanahalli of Yeshawantpur Hobli of Bangalore North Taluk. The residents of the two villages are said to be agriculturists and agricultural labourers, by profession, dependent upon the agricultural lands for their livelihood. The petitioner claims to be a popular Gram Panchayat of Bangalore North Taluk, dedicated t...
Tag this Judgment!The Godavari Sugar Mills Ltd., a Company Registered Under the Companie ...
Court: Karnataka
Decided on: Feb-15-2007
Reported in: ILR2007KAR1198; 2007(4)KCCR2129; 2007(2)AIRKarR510; AIR2007NOC510
ORDERH.V.G. Ramesh, J.1. The petitioner has sought for issuance of writ of mandamus or any other writ directing the respondent to refix the price of levy sugar delivered by the petitioner factory during the year 1997-98 at Rs. 997.96 per quintal and for the year 1998-99 at Rs. 1,017.58 per quintal and to issue a writ of mandamus directing the respondent to pay an additional price of Rs. 25.08 lakhs towards the levy sugar delivered for the year 1997-98 and Rs. 53.93 lakhs for the year 1998-99.2. According to the petitioner, it is a sugar manufacturing unit manufacturing sugar by Vaccum Fan Process. It is declared as essential commodity under the provisions of the Essential Commodities Act, 1955. In exercise of the powers conferred under Section 3 of the Essential Commodities Act, the Central Government has been issuing orders during every sugar season called the Levy Sugar Supply (Control) Order fixing price at which the sugar manufacturers are required to sell certain percentage of sug...
Tag this Judgment!The Divisional Manager, United India Insurance Co. Ltd., Branch Bijapu ...
Court: Karnataka
Decided on: Feb-15-2007
Reported in: 2008ACJ5082007(2)Kar1382; 2007(5)KLJ65; 2007(2)KCCRSN98; 2007(3)AIRKarR166; 2007(4)CivilLJ465
V. Jagannathan, J.1. These two appeals by the United India Insurance Company are directed against the award of the M.A.C.T., Bagalakote, allowing the claim applications filed by one Akkavva (claimant in M.V.C. No. 34/2002) and one Neelawwa (claimant in M.V.C. No. 811/2001) and as the accident in question is one and the same, these two appeals are disposed of by this common judgment.2. The case of the respective claimants is that on 21.8.2001, when they, along with several others, were travelling in the tractor-cum-trailer No. KA-28/T-1170 & 1171 on Bagalakote-Alamatti Road, the vehicle, being driven in a rash and negligent manner by the driver concerned, turned turtle leading to the above named claimants suffering injuries along with many others, who were also in the said vehicle. The claim petitions filed by the claimants mentioned above came to be allowed and claimant Akkavva was awarded a sum of Rs. 75,500/- and the other claimant Neelawwa was awarded a sum of Rs. 26,250/- by the M....
Tag this Judgment!Sri K. Gopalakrishna Upadhya S/O Late K. Narasimha Upadhya Vs. Syndica ...
Court: Karnataka
Decided on: Feb-15-2007
Reported in: 2008(3)KCCR1910; 2008(5)AIRKarR374
Cyriac Joseph, C.J.1. This writ appeal is filed against the judgment dated 14.06.2006 in Writ Petition No. 46367 of 2001 which was dismissed by the learned Single Judge. The appellant is the petitioner in the writ petition.2. The appellant was an Officer in the Syndicate Bank which is the respondent in the writ petition and the writ appeal. The Syndicate Bank Employees' Pension Regulations, 1993 provided for seeking voluntary retirement on fulfillment of certain conditions mentioned under Regulation 29. According to Regulation 29, on or after the first day of November 1993, at any time after an employee has completed 25 years of qualifying service, he may by giving notice of not less than three months in writing to the appointing authority, retire from service. The notice of voluntary retirement given by the employee shall require acceptance by the appointing authority, provided that, where the appointing authority does not refuse to grant the permission for retirement before the expir...
Tag this Judgment!National Insurance Co. Ltd., Kolar Branch, Through Its Regional Office ...
Court: Karnataka
Decided on: Feb-14-2007
Reported in: 2008ACJ113; ILR2007KAR1225; 2007(2)KarLJ113
V. Jagannathan, J.1. This case furnishes yet another example of fraud being played in order to claim compensation by hook or crook. A case of murder is sought to be converted into one of a road accident and compensation was sought. MACT allowed the claim petition filed by the respondents - claimants. Aggrieved by the award of the MACT, the Insurance Company is therefore in appeal.2. The facts of the case according to the respondents-claimants briefly stated are to the effect that on 30.6.1995 deceased Srirama Reddy was travelling in a motor vehicle as a pillion rider and it was driven by one Adinaraya Reddy and when the vehicle came near a temple, a tractor which was coming from Kalantharayana Gudde side dashed to the motor cycle and following the said accident, both the rider as well as the pillion rider of the motor cycle sustained injuries and the latter Srirama Reddy died. Qaim petition was filed by the wife and children of the deceased and on behalf of the claimants PW-1 Gangadeva...
Tag this Judgment!Sri Syed Ghouse MohiuddIn Shah Khadri S/O Late Peer Mohammed Shah Khad ...
Court: Karnataka
Decided on: Feb-14-2007
Reported in: 2007(3)KarLJ341; 2007(4)KCCR2197; 2007(2)AIRKarR516.
ORDERH.V.G. Ramesh, J.1. The petitioner in WP 38148/2000, claiming to be the Sajjada of Hazrath Dada Hayath Meer Khalendar Sree Guru Dattatreya Baba Buden Swamy's Dargha has filed this petition seeking for issuance of a writ of certiorari or any other relief to quash the order dated 29.11.2000 passed by the Deputy Commissioner, Chikmagalur District and the order of the Divisional Commissioner, Mysore dated 17.11.2000 and, to quash annexures N & O - the proceedings of the Government and to issue a writ of mandamus to direct respondents 2 and 3 from interfering with the peaceful management and administration of the said Dargha and Peetha and for such other orders.2. According to the petitioner, Guru Dattatreya Baba Budan Swamy's Dargha situate at Bababudangiri Hills at Chikmagalur District is an ancient important institution held in high esteem by Hindus and Mohammedans and is worshiped by large number of pilgrims all over India. According to him, it is presided by the Sajjaada or Matadh...
Tag this Judgment!R. Honnappa S/O Ramappa Vs. the Deputy Commissioner and ors.
Court: Karnataka
Decided on: Feb-14-2007
Reported in: ILR2007KAR1120; 2007(2)KarLJ74; 2007(2)KCCR1504; 2007(2)AIRKarR553
ORDERK.L. Manjunath, J.1. The petitioner when ha was not employed requested the Land Grant Committee to grant 4 acres of land in S.No. 21 of Malalli village, Sagar Taluk. The Committee considering the request of the petitioner, by its resolution dated 20.11.1976, recommended to grant 4 acres of land in S.No. 21 of Malalli village, Sagar Taluk, Shimoga. Though the recommendation is of the year 1976, the land was not at all granted to the petitioner.2. Thereafter, the petitioner secured a job as a telephone operator in the same village. 25 years later, the petitioner requested the Tahsildar to grant the above said land based on the recommendation of the Committee dated 20th November 1976. The request of the petitioner came to be rejected by the Taheildar as per the endorsement dated 24.4.2001 on the ground that after the recommendation, the lands were treated as Class-C and D and the same has been transferred to the Forest department by cancelling the dharkasth records and the Tahsildar ...
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