Karnataka Court June 2007 Judgments

The State of Karnataka by H.A.L. Police Vs. Govinda S/O. Perumal and o ...

Court: Karnataka

Reported in: 2008(2)KarLJ454; 2008(3)KCCR1355; 2008(1)AIRKarR232; 2008CriLJNOC308(DB).

K. Sreedhar Rao, J.1. One Manjula (P.W. 2) is the wife of one udayachandra (P.W. 1). One Kumar (deceased) is the family friend of P.W. 1 and P.W. 2. The deceased was unemployed and he was requesting P.W. 1 to secure some employment. The deceased used to visit the house of P.W. 1 often. On 26.7.98 (Sunday) at 9 p.m. P.W. 2 and the deceased were sitting together and conversing. P.W. 1 was in the house. A1 while passing by the house of P.W. 1 abused P.W. 2 and assaulted the deceased with iron rod on the head. A3 assaulted the deceased on the forehead with a club. A4 assaulted the deceased with a club. A2 and A5 also assaulted the deceased with a club. P.W. 1 was pushed aside by the accused when he tried to rescue. The accused decamped from the scene after the assault P.W. 1 took the deceased in an auto to Nimhans, The deceased was pronounced dead at about 2.45 a.m. in the night P.W. 1 lodged the FIR at 3.30 a.m. in the night on 27.7.1998. At the voluntary instance of A1, M.O,3-iron rod wa...

Sri. G. Babu Rao S/O. Late N.K. Gopal Rao, Dy. Registrar (Examination ...

Court: Karnataka

Reported in: 2008(3)KCCRSN198; 2008(5)AIRKarR407

Cyriac Joseph, C.J.1. The appellant is a Deputy Registrar in the Bangalore University. Some sordid affairs going on in the University were exposed by a T.V. Channel. It showed that the appellant also was involved in the mischief and misconduct Viewing the matter very seriously the Registrar of the University issued Annexure-A show-cause notice dated 05.04.2007 directing the appellant to show cause as to why disciplinary action should not be initiated against him for his involvement in the scandal as telecast by Channel - T.V.9. On the same day as per Annexure-B he was transferred and relieved from the Examination Branch with a direction to report to the Registrar, Bangalore University to receive orders regarding the exact place of work. The appellant submitted Annexure-C reply dated 07.04.2007 to Annexure-A show-cause notice. In Annexure-C reply, the appellant denied the allegations levelled against him. On 07.04.2007 itself the Registrar passed Annexure-D order placing the appellant u...

Karnataka Electricity Board Now K.P.T.C.L. Rep. by Its Executive Engin ...

Court: Karnataka

Reported in: AIR2008Kant55; 2008(6)KarLJ87; 2008(1)KCCR169; AIR2008Kant55; 2008(2)AIRKarR201; 2008AIHC1659(Kar)

K. Ramanna, J.1. This appeal is directed against the judgment and decree of dismissal of the suit filed by the appellant in OS. 66/94 passed by the Pit Civil Judge (Sr. Dn.) at Jamkhandi, on 15.10.2001. Assailing the said judgment and decree of dismissal of the suit, the Executive Engineer of Kamataka Electricity Board, Belgaum Division, has come up with this appeal.2. Brief facts leading to this appeal are that the appellant/Karnataka Electricity Board now 'KPTCL' is claiming damages of Rs. 1,51,000/- with interest thereon. Initially, the appellant/plaintiff issued a tender notification for construction of Masonry Earth and Hume Pipe Drain all round O.D. yard at 220 K.V. Station at Mahalingapura, Mudhol Taluk. The respondent/defendant submitted his tender as per the notification, which was accepted by the appellant and to that effect, entered into an agreement dated 22-11-1988 to complete the work within 4 months from the date of layout given to the defendant by the plaintiff/KPTCL Th...

North West Karnataka Road Transport Corporation by Its Managing Direct ...

Court: Karnataka

Reported in: [2008(116)FLR36]; 2007(6)KarLJ295; 2007(4)KCCR2155; 2007(4)AIRKarR645

ORDERAnand Byrareddy, J.1. Heard the counsel for the petitioner and the respondent.2. The facts of the case are:The respondent was employed by the petitioner North-West Karnataka Road Transport Corporation, Hubli, (hereinafter referred to as 'the Corporation' for brevity) as an artisan. It transpires that he had retired from service in the year 1988. The said respondent had raised a dispute through the Trade Union of the employees of the petitioner Corporation and the same was referred to the Industrial Tribunal, Hubli ('the Tribunal' for short) for adjudication. It was contended that the respondent was denied promotion effective from the year 1971. The said dispute was however raised in the year 2001. The petitioner Corporation had contested the claim. The Tribunal, however, directed the Corporation to accord promotion to the respondent to a higher post with effect from 13.10.1971 and to re-fix his scale and accord all monetary benefits consequent thereto, by an award made in the year...

State of Karnataka Vs. Yeda and ors.

Court: Karnataka

Reported in: 2008CriLJ4726; 2008(4)KCCR2344; 2008(5)AIRKarR441(DB)

K. Sreedhar Rao, J.1. Sri J.T. Girish, learned Counsel is appointed as Amicus Curiae for R7 in Crl. A. 272/2001.2. On 28-4-1991, PW-1 (injured) around 4 p.m., was returning from his land, Al to A12 and others wielding weapons emerge from the canal side ambush PW-1. Al deals blow with a view to chop of the head. PW-1 fell down. All the accused assault on the left hand and the left leg for about 4 to 5 times. Wife of one Mari (PW-3), who comes to the, scene, notices the assault. PW-3 goes and informs PW-4 and CW-5 and come to the scene. PW-1 is taken to Holenarasipura Hospital, later on taken to Hassan Hospital and to Victoria Hospital, Bangalore.3. It is the case of the prosecution that the assault takes place on account of political rivalries. It is further said that Al 7, who was not one of the assailants at the scene but his henchman A1 to A16 carry out the assault at the instigation of A17. The medical officer sent Ex. P17-a memo to the police intimating admission of MLC case. PW-11...

Raju S/O Megu Rathod Rep. by His Natural Mother and Guardian Smt. Ambu ...

Court: Karnataka

K. Sreedhar Rao, J.1. The Mini Truck (goods vehicle) bearing registration No. MH-13/B-954 insured with the New India Assurance Company Ltd., collided with a mini goods truck bearing Regn. No. MH-13/B-3995 insured with united India Insurance company Ltd.,. As a result of the accident, four of the inmates of the Truck bearing No. MH-13/B-954 sustained personal injuries and one inmate died. The Tribunal held that the drivers of both the vehicles are equally negligent and apportioned the negligence at 50% each. The owners of the vehicle were directed to pay the compensation. The insurers' of both the vehicles are exonerated of the liability. The claimants are in appeal seeking enhancement of compensation and for an award against the insurers.2. The vehicle No. MH-13/B-954 is a goods vehicle. The claimants have pleaded in the petition that they were travailing in MH-13/B-954 as coolies. The evidence discloses that the claimants were travailing as passengers in the goods vehicle. In view of ...

K.M. Saifulla Vs. Appellate Authority Rep. by Its General Manager and ...

Court: Karnataka

Reported in: ILR2007KAR2933; 2007(6)KarLJ92

ORDERD.V. Shylendra Kumar, J.1. The process of this Court in Writ jurisdiction is often misused and abused by undeserving persons who commit fraud, cheat not only private persons but also public authorities and often take this Court for a ride by availing of interim orders and orders misrepresenting facts before the Court.2. Writ jurisdiction is one to redress the genuine grievances of helpless citizens who perhaps are oppressed by the authority of the State by misusing of power by public authorities and officers who exercise power in the name of the State and to protect such citizens from victimisation, harassment and helplessness. But in the name of helplessness undeserving persons misuse the facility and hood wink even public authorities to the utmost detriment of public interest. The present Writ Petition is one such case.3. The Writ Petitioner claims to be a resident of the residential house located in Tipu Nagar, Davangere Town. Though it is submitted by Sri. Dhananjaya, Learned ...

Sri. A.K. Subbaiah S/O Late Kariappa Vs. the Chairman, Karnataka Legis ...

Court: Karnataka

Reported in: AIR2007Kant145; 2007(5)KarLJ554; 2007(4)KCCRSN255; 2007(5)AIRKarR60

ORDERH.V.G. Ramesh, J.1. In this petition, petitioner has sought for issuance of writ of certiorari to quash the order passed by the 1st respondent dated 16.6.06 at Annexure 'B' and also to issue writ of mandamus declaring Sub-rule (2) of Rule 6 of The Karnataka Legislative Council (Disqualification of members on the ground of defection) Rules, 1986 ('Rules' for short) as violative of the Tenth schedule of the constitution in so far as the petitioner is concerned and for such other reliefs.2. The petitioner is said to be a former member of the Karnataka legislative Council and a practicing Advocate and has been in public life raising several social issues since 45 years; he said to have filed a petition dated 11.1.06 before the 1st respondent i.e., the Chairman of the Karnataka legislative Council seeking suo-motu action on the question of disqualification of 2nd respondent from being a member of the house on the ground of having defected by joining a political party as per paragraph 2...

Mr. Raj A. Menda S/O Mr. Arjun M. Menda, Vs. Rani Rasamani Real Estate ...

Court: Karnataka

Reported in: ILR2007KAR2627; 2007(6)KarLJ349

S. R. Bannurmath and Subhash B. Adi, JJ.1. This is an appeal against the judgment and decree dated 15th March 2006 in O.S. No. 3132/2004 on the file of the XXIV Addl. City Civil Judge, Bangalore (CCH-6).2. Appellants were the plaintiffs before the trial Court. Suit is one for declaration, (i) declaring, that the defendants, their men, agents or any one claiming through or under them are not entitled to sell, mortgage, lease, jointly develop or in any way alienate or part with the possession of the schedule property or to have any transaction of whatsoever nature in respect of schedule property with the third party except the plaintiffs;(ii) grant an order of permanent injunction restraining the defendants, their men, agents or any one claiming through or under them from selling, mortgaging, leasing, jointly developing or in any way alienating or in any way parting with the possession of the schedule property of having transaction of whatsoever nature in respect of the schedule property...

The Secretary, State of Karnataka, Primary and Secondary Education Dep ...

Court: Karnataka

Reported in: ILR2007KAR3519; 2008(1)KarLJ53; 2007(5)AIRKarR435(DB)

Ashok B. Hinchigeri, J.1. This appeal is directed against the order dt 20-12-2005 passed by the learned Single Judge in W.P.No. 25190/2005.2. The brief facts of the case are that the first respondent Smt M.C. Nagaveni, a physically challenged (handicapped) person filed a complaint before the second respondent - Commissioner for persons with disabilities seeking his intervention in the matter of implementation of the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter called Disabilities Act, 1995). As per the notifications issued and the rules framed under the Disabilities Act, 1995, 5% of posts in Group 'C' and 'D' are set apart for persons with disabilities (PwD.s). It was pointed out in the proceedings before the Commissioner that 4767 posts of teachers were called for. 5% of the said number comes to 238. However the total number of seats reserved for PwD.s in the recruitment in question aggregated onl...