Karnataka Court April 2007 Judgments
Saleem Gudusab Naik Vs. State of Karnataka Through Belgaum Rural Polic ...
Court: Karnataka
Decided on: Apr-12-2007
Reported in: ILR2007KAR2695; 2007(5)KarLJ137
ORDERN.S. Veerabhadraiah, J.1. The appellant-accused has filed a memo for withdrawal of the appeal which reads as follows:The undersigned herewith submits that the above appeal is filed through Jail against the Judgment and Order of conviction passed by the FTC-I, Belgaum in SC No. 19/2000. The appellant is undergoing imprisonment in Central Jail, Belgaum. Through the letter dated 18.09.2006, the appellant has requested the High Court Legal Service Authorities to provide legal aid to withdraw the appeal. On the letter written by the appellant, the High Court Legal Services Committee has written a fetter dated 17.11.2006 in H.C.L.S.C.440/2005, requesting me to withdraw the above appeal and forwarded the letter written by the appellant to the High Court Legal Services Committee. In view of the same, I am filing this memo to permit the appellant to withdraw the appeal, to meet the ends of justice.The original letter dated 18.09.2006 written by the appellant and the original letter dated 1...
Tag this Judgment!Smt. C.R. Vijayalakshmi W/O B.L. Naidu and ors. Vs. Bangalore Universi ...
Court: Karnataka
Decided on: Apr-12-2007
Reported in: ILR2007KAR2761; 2007(6)KarLJ302;
ORDERN.K. Patil, J.1. Petitioners herein, questioning the correctness of the impugned order dated 12th October 1998 bearing U.O. No. EST : WP No. 171 : 77:86 passed by first respondent vide Annexure C and the impugned endorsement dated 31st December 1998 bearing No. EST/E1/WP/17177/86 issued by first respondent vide Annexure E, have presented the instant writ petition.2. The grievance of the petitioners in this petition is that, the case of second respondent, who is junior to these petitioners has been considered by first respondent - Bangalore University and given promotion and that, the said promotion accorded by first respondent - University is without reference to the direction issued by the Division Bench of this Court in Writ Appeal No. 4466/1995 dated 26th June 1998 for the reason that, these petitioners joined the services of first respondent - University between the period from 8th June 1971 to 15th July 1981 under regular recruitment. It is the case of petitioners that, the s...
Tag this Judgment!M.K. Vijayalakshmi W/O K. Srinivasa Murthy Vs. the State by Cbi/Spe
Court: Karnataka
Decided on: Apr-11-2007
Reported in: ILR2007KAR2439; 2007(4)KarLJ700; 2007(3)KCCR1709; 2007(3)AIRKarR495.
Ratio Decidendi: 'If a person is in the service of a Government company as defined under Section 617 of the Companies Act, he/she becomes a public servant whether or not the Government appoints him.''Requirements of Article 77 and 166 that all executive action has to be taken in name of Governor or President of India as the case may be, are only directory and not mandatory in character.'OrderMohan Shantanagoudar, J.1. The petitioner being the accused in Spl.C.C.No.149/1995, pending on the file of learned XXI Addl. City Civil & Sessions Judge & Special Judge for CBI Cases, Bangalore, has prayed for her discharge under Section 239 of Cr.P.C. The said prayer is rejected by the Court below by its order dated 9.3.2007. Hence, this petition is filed against the said order.2. The case of the prosecution is that, while the accused-petitioner was working as a Manager of State Bank of Mysore, Rajajinagar Branch, dining the period from August 1982 to June 1983, she had misappropriated an amount o...
Tag this Judgment!Sri S.M. Honnappa S/O Mudlappa Gowda Vs. the Bangalore University, by ...
Court: Karnataka
Decided on: Apr-11-2007
Reported in: ILR2007KAR2414; 2007(6)KarLJ104; 2007(4)KCCRSN224; 2007(5)AIRKarR103
ORDERN.K. Patil, J.1. The petitioner questioning the legality and validity of the impugned order dated 1-2-2006 bearing No. EST-1/E2/Per/377/94 passed by the first respondent and the order dated 11-10-2006 bearing No. G.S.1 BUM 2006 passed by the second respondent vide Annexures 'H' & 'L' respectively, further the petitioner seeking a direction directing the first respondent to reinstate the petitioner with all consequential benefits retrospectively, has presented the instant writ petition.2. The petitioner has joined the first respondent University in the year 1977 as a Publication Assistant by direct recruitment. Hiving regard to his seniority, requisite qualification and eligibility, he was promoted to the post of Assistant Director, Prasaranga and later on he was placed as Director in-charge to the first respondent University in Printing Press. For the academic year 1999-2000 the Audit Department had conducted audit in respect of the accounts of the Printing Press. On the basis of ...
Tag this Judgment!Madura Coats Pvt. Ltd. represented by Its Manager - Personnel and Sale ...
Court: Karnataka
Decided on: Apr-10-2007
Reported in: ILR2007KAR3897; 2007(4)KarLJ678; (2007)IIILLJ970Kant; 2007(4)AIRKarR604
ORDERSubhash B. Adi, J.1. Though this matter is listed for preliminary hearing, since the contesting Union had entered caveat, the matter was taken up for final disposal.2. In this Writ Petition, the order passed on I.A.I in Complaint No. 3/2006 in I.D. No. 160/2006 dated 27.3.2007 on the file of the Industrial Tribunal, Bangalore is called in question.3. The respondent - Union has filed an application in I.A.I under Section 33-A of the Industrial Disputes Act (hereinafter referred to as 'the Act') read with Rule 60 of the Industrial Disputes (Karnataka) Rules 1957.4. It is alleged that, by order 30th October 2006, the petitioner has transferred 17 workmen from Bangalore to Ambasamudra and further alleged that the Management has no right or power to transfer the workmen as per the Certified Standing Orders or as per appointment orders and there is no practice of transfer from one State to another State and the workmen have been working in Bangalore for 15 to 25 years.5. It is further a...
Tag this Judgment!R. Raghu S/O. Sri Rajanna Vs. State of Karnataka by the Secretary to t ...
Court: Karnataka
Decided on: Apr-09-2007
Reported in: 2007(5)KarLJ458; 2007(4)AIRKarR341; AIR2007NOC1818
ORDERK. Ramanna, J.1. Tills writ petition is filed to quash Annexure-G notice bearing No. TQMPR(K) 332/2005-06 and all oilier actions and proceedings contemplated thereunder.2. The case of the revision petitioner is that he purchased petition schedule property in a court, auction on 19.4.2003 in respect of the agriculture land bearing survey No. 67 situated at Agara Hobli, Kengeri Hobli, Bangalore south taluk, to the extent of a) 0.36 guntas, b) 1 acre 24 guntas and c) 3 acres, in all 5 acres 20 guntas. To that effect sale certificate has been issued under Order 21 Rule 94 of CPC by the Prl.Dist. & Sessions Judge, Bangalore Rural District, in Ex.Case No. 33/2000 (Misc. No. 52/96). The boundaries mentioned in the sale certificate is East by lands of Smt. Anusuya N. Singh and Rajam, West by: BWSSB Road and North by: lands of Smt. Asha, South by lands of Smt. Bhanumathi.3. The further case of the writ petitioner is that the 5th respondent with the influence and support of the third respon...
Tag this Judgment!T.R. Rangahanumaiah, Major, T.R. Swamy Now Development Officer, Karnat ...
Court: Karnataka
Decided on: Apr-05-2007
Reported in: 2007(5)KarLJ501; 2007(3)AIRKarR545(DB).; ILR2007(2)Kar2090
D.V. Shylendra Kumar, J.1. These three writ appeals arise out of an order dated 28-5-1999 passed by the learned single Judge of this Court in writ petition No. 39909/1993. The petitioner one by name M.P. Jayashankar working as a Deputy Development Officer in Karnataka Industrial Area Development Board [hereinafter referred to as the 'Board'] had preferred the writ petition being aggrieved by the action of the employer - Board in notifying the post of Development Officer - a promotional post to persons working in the cadre of Deputy Development Officers as a post to be filled up by promotion from among the eligible candidates belonging to scheduled caste and scheduled tribe community as the post was being notified as a backlog vacancy and had eliminated opportunity to persons like the petitioner.2. The respondent No. 4 to the writ petition one T.R. Rangahanumaiah also working as a Deputy Development Officer in the organisation is a candidate belonging to scheduled caste community and it...
Tag this Judgment!Hutti Gold Mines Co. Ltd. Represented by Its Managing Director Vs. Sye ...
Court: Karnataka
Decided on: Apr-05-2007
Reported in: 2008(1)KarLJ277; 2007(4)KCCR2458; 2007(4)AIRKarR385; AIR2007NOC1907
D.V. Shylendra Kumar, J.1. This Regular Second Appeal is by the sole defendant in OS 32 of 1985, on the file the Munsiff, Lingasugur.2. The suit was one for declaration of the age of the plaintiff i.e. the date of birth of the plaintiff to be recorded as 15-7-1930 instead of 24 years a on 4-4-1949 as recorded in the service register maintained by the respondent employer and for all consequential reliefs.3. The defendant contested the suit. The suit came to be decreed in terms of the judgment and decree dated 18-4-1991 and the aggrieved defendant had preferred a regular appeal in RA No. 13 of 2000 to the court of Additional District Judge, Raichur. The plaintiff has also filed a cross-objection in the appeal, which was later numbered as RA No. 12 of 2002.4. The lower appellate court having dismissed the appeal of the defendant and having allowed the cross-objection of the plaintiff in part, the present second appeal by the defendant.Brief facts leading to this appeal are thus:The plaint...
Tag this Judgment!The New India Assurance Co. Ltd. Vs. K.S. Puttappa and ors.
Court: Karnataka
Decided on: Apr-05-2007
Reported in: 2008ACJ2705; [2008(116)FLR39]; ILR2007KAR2817; 2007(6)KarLJ299
V. Jagannathan, J.1. A person appointed as a cleaner, drives the vehicle and the accident occurred. Whether the said accident and consequent injury or death can be said to be come within the purview of expressions 'accident arising out of and in the course of employment?' is the question that requires to be answered in this appeal.2. Learned Counsel for the appellant Insurance Company Sri K. Suryanarayana Rao submitted that the admitted facts are to the effect that deceased Nagesh was a cleaner under the tractor and trailer owner and on the date of the accident i.e., on 8-2-1997 the deceased was found driving the tractor KA 141083 and the accident occurred leading to Nagesh succumbed to the injuries. The claim application filed by the parents came to be allowed by the Commissioner for Workmen's awarding a sum of Rs. 1,67,032/- with 12% interest and the liability was put on the appellant who is the insurer in respect of the tractor-trailer KA 14 1803.3. The grievance of the appellant-In...
Tag this Judgment!Mr. B.S. Dwarakanath S/O Late R. Shankarnarayana Vs. the Karnataka Han ...
Court: Karnataka
Decided on: Apr-05-2007
Reported in: ILR2008KAR244; 2008(2)KarLJ561; 2008(1)KCCR182; 2008(1)AIRKarR507; 2008LabIC(NOC)342
Cyriac Joseph, C.J.1. This writ appeal is filed challenging the order dated 10,1.2006 passed by the learned single Judge in W.P. No. 43546 of 1999, which was dismissed by the learned single Judge. The appellant is the petitioner in the writ petition and the respondents herein fire the respondents in the writ petition.2. The appellant, was Chief Manager (Quality Control) in the Karnataka Handloom Development Corporation Limited, Hubli (1st respondent herein). Disciplinary action was initiated against the appellant mid vide Annexure-M order dated 16.2.1999 the penalty of compulsory retirement from the services of the Corporation was imposed on him with immediate effect. Against Annexure-M order of the disciplinary authority viz., the Managing Director of the Corporation, the appellant filed Annexure-N statutory appeal dated 25.2.1999. The said appeal was considered by the appellate authority viz., the Board of Directors and vide Annexure-R1 order dated 10.1.2000 the appeal was rejected. ...
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