Karnataka Court June 2007 Judgments

H.C. Mallaiah and anr. Vs. Bangalore University and anr.

Court: Karnataka

Reported in: ILR2007KAR3392; 2007(5)KarLJ650; 2007(4)KCCR2318; 2007(4)AIRKarR121; 2007(5)AIRKarR255

ORDERD.V. Shylendra Kumar, J.1. The present writ petition is a classical example of what anomalies can occur, if law is applied without examining the facts.2. The petitioners claim to be working as instructors in the department of mechanical engineering, University Visvesvaraya College of Engineering - second respondent herein - and who are to retire on attaining the age of 58 years and the university has informed them accordingly in terms of the notification dated 27-11-2006 [Annexure-H] indicating that the petitioners 1 and 2 will retire on 30-6-2007 and 31-7-2007 respectively.3. It is this notification that is questioned in this writ petition, inter alia, contending that the petitioners have been working as instructors, they are also teachers; that they may be treated on par with teachers who retire on attaining the age of 60 years and therefore informing them that they will be retiring on the dates mentioned in the notification dated 27-11-2006 is bad in law and a writ of certiorar...

Muppanna S/O Deceased Mallappa Mundaganur, Vs. State of Karnataka, Rep ...

Court: Karnataka

Reported in: ILR2007(3)KAR3424; 2007(6)KarLJ80;

ORDERMohan Shantanagoudar, J.1. Petitioners' father namely Sri. Mallappa Mundagabnur claiming to be the tenant filed an application under Section 48A of the Karnataka Land Reforms Act in Form No. 7 for grant of occupancy rights over the land bearing Sy.No. 57 measuring 27 acres 10 guntas situated at Konnur Village. Respondent No. 3 is the landlord, since deceased is represented by his Legal Representatives.2. The records disclose that the land in question was leased by the erstwhileowner prior to 1951 itself. The entries in the records of rights for the year 1951-52 to 1960-61 stood in the name of the petitioners' father. As could be seen from the mutation entry No. 4330, the land in question vested in the State. Further, mutation entry No. 277 makes it clear that the petitioners father's name was entered in the revenue record as a protected tenant. Subsequently, in the year 1961, a receiver came to be appointed by the Civil Court in the Civil litigation, i.e., O.S.90/1941 which arose ...

V.G. Sreeram and Etc. Vs. Smt. Indumati B. Chandachal and ors.

Court: Karnataka

Reported in: 2007CriLJ3809; 2007(6)KarLJ63; 2007(5)AIRKarR209

ORDERV. Jagannathan, J.1. The facts giving rise to all these petitions being one and the same and as the grounds urged by the petitioners also involve common question of facts and law, with the consent of the learned Counsel for the parties, all these petitions are heard on merits finally and being disposed of by this common order. As such, the question of considering the I. As. filed for vacating stay in all these cases does not arise inasmuch as the petitions are being disposed of on merits.2. The facts common to all these petitions briefly stated are to the effect that the Karnataka Financial Services Ltd. a registered company having its registered office at Bangalore, which company is accused No. 1 in the private complaint filed before the learned Magistrate made offer to 'the public in, respect of secured Redeemable Non-convertible Bonds, and-having been attracted by the high rate of interest offered, the respondents herein who are the complainants before the trial Court, deposite...

The Malnad Technical Educational Society, Represented by Its Secretary ...

Court: Karnataka

Reported in: 2007(6)KarLJ76; 2007(4)KCCR2357; 2007(5)AIRKarR219

ORDERD.V. Shylendra Kumar, J.1. This writ petition by the employer of the respondent is for quashing the order it had suffered at the hands of the Principal District Judge at Hassan dated 04.04.2006 in E.A.T. M.A. No. 1/2004. The appeal which the respondent had preferred against the petitioner-employer was against the order of dismissal/termination of his post by the employer on 02.01.2004.2. The termination order dated 02.01.2004 itself has an history and it is the result of an enquiry that had begun on 26.06.2002; that even before the commencement of the enquiry, the employee has been asked to go on leave without salary and that matter had been made subject matter of appeal No. 3/2001 before the Authority toy the employee and the employer had questioned the maintainability of said appeal and the authority, holding that it has jurisdiction to entertain the matter. Questioning this order the employer had approached this Court by filing W.P. No. 5208/2002. The writ petition ended. with ...

P.K. Nagaraj S/O Late K. Basanna, Ex-security Guard Vs. the Managing D ...

Court: Karnataka

Reported in: 2007(6)KarLJ252l; 2007(4)KCCR2147; 2007(5)AIRKarR248

ORDERAnand Byrareddy, J.1. The Counsel for the respondent remains absent though the matter is called out both in the Morning and in the afternoon sessions.2. Heard the counsel for the petitioner over again. It is the petitioner's case that he was appointed as a Security Guard in the year 1960. He was issued with a charge-memo to state that he had married for the second time during the life time of his legally wedded wife in the year 2001 and that since he had not divorced his wife in the first instance, the second marriage was void and was in violation of the Disciplinary Regulations of the respondent-corporation. Articles of charge were also framed in this regard. The petitioner had replied to the same. It was his case that his wife was suffering from mental illness, from the date of marriage and that he did not lead a normal life with her and she was mentally handicapped and was duly certified in this regard. It is the petitioner's case that he had to take care of his wife as she was...

P.K. Nagaraj Vs. the Managing Director (Nekrtc) and anr.

Court: Karnataka

ORDERAnand Byrareddy, J.1. The Counsel for the respondent remains absent though the matter is called out both in the morning and in the afternoon Sessions.2. Heard the Counsel for the petitioner over again. It is the petitioner's case that he was appointed as a Security Guard in the year 1980. He was issued with a charge-memo to state that he had married for the second time during the life time of his legally wedded wife in the year 2001 and that since he had not divorced his wife in the first instance, the second marriage was void and was in violation of the Disciplinary Regulations of the respondent-Corporation. Articles of charge were also framed in this regard. The petitioner had replied to the same. It was his case that his wife was suffering from mental illness, from the date of marriage and that he did not lead a normal life with her and she was mentally handicapped and was duly certified in this regard. It is the petitioner's case that he had to take care of his wife as she was...

C.P. Yogeshwara S/O Puttamadegowda Vs. Registrar, Karnataka Lokayukta

Court: Karnataka

Reported in: 2007CriLJ3806; ILR2007KAR3248; 2007(6)KarLJ50

ORDERV. Jagannathan, J.1. In this petition under Section 482 of Cr.P.C, the order passed by the learned VIII Addl. CMM, Bangalore City taking cognizance and directing issue of summons to the petitioner is called in question.2. The brief facts necessary for the present purpose are to the effect that the petitioner, who is the sitting MLA of Channapatna Constituency, furnished his statement of as sets and liabilities for the years 2004-05 and 2005-06 to the respondent Lokayukta and one Ravindra Beleyur filed a complaint before the respondent Lokayukta alleging that the above stated petitioner has furnished false information while submitting his as sets and liabilities for the years mentioned above. The respondent Lokayukta, after investigation and after due notice to the petitioner, came to the conclusion that the petitioner had furnished certain false information while submitting his as sets and liabilities statement for the above mentioned years and thus committed the offence punishabl...

A. Anthony Raj S/O Arulappa Vs. the Managing Director, Karnataka Agro ...

Court: Karnataka

Reported in: 2007(6)KarLJ256; 2007(4)KCCR2292; 2007(5)AIRKarR242.

ORDERD.V. Shylendra Kumar, J.1. Writ petition by a person who was formerly an employee working as an Accountant in the services of the respondent No. 1-Corporation, who had opted for voluntary retirement in a scheme introduced by the employer and which had been extended to the petitioner with effect from 31.8.1999.2. The grievance of the petitioner is that notwithstanding the petitioner being provided the option of retiring under the voluntary retirement scheme, the petitioner has not been paid the full and proper emoluments in terms of the scheme; that he has been short paid to an extent of Rs. 1,36,107/- and therefore the petitioner had given repeated representations to the respondent No. 1, but the respondent No. 1 not having heeded to the request of the petitioner, the present writ petition seeking for issue of a writ in the nature of mandamus to compel the respondents not only to furnish details of calculation of the amount that had been settled hitherto in favour of the petitione...

Smt. V. Suttakoti W/O Late Veerappa Suttakoti Vs. the Chief Manager, S ...

Court: Karnataka

Reported in: [2008(116)FLR284]; 2007(6)KarLJ260

ORDERD.V. Shylendra Kumar, J.1. Petitioner is a person who is aggrieved by the action of the respondent-Syndicate Bank, wherein her husband had been employed and who died while in service, in not providing her the benefit of appointment on compassionate basis.2. Notices had been issued to the respondents and they have entered appeared and are represented by counsel. Statement of objections has also been filed on behalf of the respondents.3. Submission of Sri Radhesh Prabhu, learned Counsel for the respondents is that as of now the bank does not have a scheme for appointment on compassionate basis in a situation where the employees died in harness but on the other hand, the bank has formulated a new scheme which is a scheme formulated in common with all other nationalized bank, under which effort is made to ensure that penury condition which affects the family of the deceased employee is avoided; that the scheme is in operation in terms of the Circular No. 042-2006-BC-GRD dated 13-3-200...

Suttakoti V. (Smt.) Vs. Chief Manager, Syndicate Bank and ors.

Court: Karnataka

Reported in: (2008)ILLJ232Kant; 2007(6)KLJ260; 2007(4)KCCRSN249; 2007(5)AIRKarR244

ORDERD.V. Shylendra Kumar, J.1. Petitioner is a person who is aggrieved by the action of the respondent-Syndicate Bank, wherein her husband had been employed and who died while in service, in not providing her the benefit of appointment on compassionate basis.Notices have been issued to the respondents and they have entered appeared and are represented by counsel. Statement of objections has also been filed on behalf of the respondents.2. Submission of Sri Radhesh Prabhu, learned Counsel for the respondents is that as of now the bank does not have a scheme for appointment on compassionate basis in a situation where the employees died in harness but on the other hand, the bank has formulated a new scheme which is a scheme formulated in common with all other nationalized bank, under: which effort is made to ensure that penury condition which affects the family of the deceased employee is avoided; that the scheme is in operation in terms of the Circular No. 042-2006-BC-GRD dated February ...