Karnataka Court July 2007 Judgments
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Lmj International Limited, (a Govt. Recognised Goldan Star Trading Hou ...
Court: Karnataka
Decided on: Jul-06-2007
Reported in: 2007CriLJ4437; 2008(3)KarLJ669
ORDERV. Jagannathan, J.1. The facts and circumstance leading to these two petitions are one and the same and both these petitions arise out of one incident of the petitioners' company issuing a cheque for an amount of Rs. 10 lakhs to the 2nd respondent and as the cheque was dishonoured and returned to the 2nd respondent with an endorsement that the drawer had given instruction to the Bank for stop payment of the cheque, the said event led to two complaints being filed by the 2nd respondent before the JMFC Court at Somwarpet.2. The Private Complaint No. 22/02 was filed alleging that the petitioners herein had committed an offence of criminal breach of trust and pursuant to the said complaint lodged, the trial court directed the PSI, Kushalnagar to investigate and submit a report as par Section 156(3) of the Cr.P.C. for offences punishable under Sections 418, 420 and 406 of the I.P.C. The very same incident of the cheque are being dishonoured also led to another complaint being filed by ...
V. Manjunath and ors. Vs. the Secretary, Department of Commerce and In ...
Court: Karnataka
Decided on: Jul-06-2007
Reported in: 2008(1)KarLJ107; 2007(5)AIRKarR289
ORDERD.V. Shylendra Kumar, J.1. Writs will not be issued on mere apprehensions, Writ jurisdiction is to examine an existing cause, a genuine grievance, which can be redressed if the action on the part of the respondent which answer the definition of 'State', is arbitrary, whimsical, violative of any constitutional provisions or any existing statutory provisions.2. Petitioners claim to be persons who are working as Second Division Assistants in research areas of the Karnataka State Sericulture Research and Development Institute-third respondent. It is claimed that the petitioners got some benefits in terms of Official Memorandum issued by the third respondent in No. KSS RDI: STAFF: PROMOTION: 2001-02, dated 30-8-2001, copy produced as Annexure-K.3. Submission of Sri L. Lakshminarayan, learned Senior Counsel appearing for the petitioners is that this was pursuant to an Assured Career Progressive Scheme as indicated in Sub-clause 20 of Regulation 2/3 comprising the definitions of the word...
The Secretary, S.J.M. Vidyapeeta, Vs. the Principal, Secretary to Gove ...
Court: Karnataka
Decided on: Jul-06-2007
Reported in: 2007(6)KarLJ448; 2007(5)AIRKarR207.
ORDERD.V. Shylendra Kumar, J.1. This writ petition by the management of a private educational institution is against the order passed on the interlocutory applications in pending revision petitions before the government, which had been preferred under Section 131 of the Karnataka Education Act, 1983 [for short, the Act].2. The revision petitioners, who were the teachers working in the petitioner-institution, had sought for the intervention of the government invoking the provisions of Sections 130 and 131 of the Act for the purpose of compelling the management to forward the case papers of the revision petitioners to the director of technical education for the purpose of approval of their appointment as lecturers in the subjects concerned and also to direct the director of technical education or any other authority to reject the proposal of the management in forwarding the candidature of the respondents 5 to 8 and for appointing them as lecturers etc.3. Such revision petitions, filed in...
Sri. Rabbani S/O. Gaffer Sab Khadim Vs. the Secretary, Gram Panchayat,
Court: Karnataka
Decided on: Jul-06-2007
Reported in: ILR2007KAR3469; 2007(6)KarLJ96; 2007(4)KCCR2150; 2007(5)AIRKarR73; AIR2007NOC2111.
ORDERB.S. Patil, J.1. The petitioner is calling in question the meeting notice dated 22.06.2007 issued by the Tahsildar, Basavakalyan - the 2nd respondent herein. As per the impugned notice all the Members of the Gram Panchayat, Rajeswar Village, Basavakalyan Taluk, Bidar District are notified of the calendar of events and the date of election of the Adhyaksha of the Gram Panchayat fixed on 07.07.2007 at 2 p.m.2. The petitioner is an elected member of the Gram Panchayat. He is also elected as Vice President of the Gram Panchayat. One Sri. Shankar Mallappa Metri was elected as President of the Gram Panchayat in the election held on 02.04.2005. The term of the said Sri. Shankar Mallappa Metri was 30 months from the date of election. According to the petitioner the period would come to an end by the end of August, 2007. However, as Sri. Shankar Mallappa Metri was alleged of certain misconduct in discharge of his duties, by order dated 18.05.2007, he was removed from the post of Adhyaksha ...
Cordcell Private Limited Vs. Marazaria Products Pvt. Ltd.
Court: Karnataka
Decided on: Jul-06-2007
Reported in: AIR2007Kant162; ILR2007KAR3490; 2007(6)KarLJ148
Subhash B. Adi, J.1. This is defendant's appeal, questioning the judgment and decree dated 1st September 2005 in O.S. No. 5926/1999.2. Respondent filed a suit seeking ejectment of the appellant from the suit schedule property on the ground that, the appellant was a tenant on monthly rent of Rs.8,700/- and the lease period expired on 30.6.1999. In this connection, a notice was issued to the appellant interalia terminating the tenancy and also for handing over possession.3. Appellant contested the suit interalia, alleging that the tenancy is renewed on 27.9.1994 for a period of five years and the lease is perpetual lease, the respondent has no right to terminate the tenancy and further the respondent has no right to terminate tenancy without refunding the advance amount of Rs.52,400/-. Further, that the notice issued by the respondent is not in consonance with the provisions of Section 106 of the Transfer of Property Act.4. The trial court on appreciation of the evidence, decreed the sui...
The Manipal Academy of Higher Education, Deemed University, Represente ...
Court: Karnataka
Decided on: Jul-05-2007
Reported in: [2007(115)FLR708]; ILR2007(3)KAR3446; 2007(5)KarLJ453; 2007(3)KCCRSN209; 2007(5)AIRKarR217
ORDERH.V.G. Ramesh, J.1. In this writ petition, petitioner has sought for to quash the order of reference dated 8.12.03 passed by the 1st respondent at Annexure-A and consequently, the proceedings before the Tribunal in Ref.No. 164/03 by issuing writ of certiorari and for such other reliefs.2. This Court had earlier disposed of this matter on 24.6.05 allowing the writ petition and quashing the impugned order of reference made to the Industrial Tribunal, Bangalore with a direction to the 1st respondent to make reference to the Industrial Tribunal, Mysore within two months for disposal of the case. Of course, the stand taken by the petitioner therein while disposing of the matter is that petitioner is not an industry and the appropriate government is the Central Government and it is the Industrial Tribunal at Mysore which has territorial jurisdiction and not the Industrial Tribunal at Bangalore. Even the Counsel appearing for respondents 2 and 3 had no objection to make reference to the ...
Ramachandra Jois S/O K. Narayana Jois Vs. Rajeshwari Represented by He ...
Court: Karnataka
Decided on: Jul-05-2007
Reported in: 2007(6)KarLJ248; 2007(5)AIRKarR229; AIR2007NOC2434
ORDERV. Jagannathan, J.1. This petition under Section 482 of the Cr.P.C. is directed against the order passed by the learned Presiding Officer, Fast Track Court, Shimoga, dismissing the revision filed by the petitioner herein under Section 397 of the Cr.P.C. and confirming the order of maintenance passed by the trial court.2. The facts in a nutshell are to the effect that the respondent herein and her grand-mother filed a petition under Section 125 of the Cr.P.C. claiming maintenance of Rs. 500/- per month to respondent Rajeshwari on the ground that the said respondent was the child born out of the marriage between the petitioner herein and one Sukanya, the mother of respondent Rajeshwari. It was the case of the respondent that the petitioner herein married said Sukanya and out of their wedlock Rajeswari was born and thereafter, as the petitioner herein belonged to a different community than that of Sukanya, the marriage did not last long and the petitioner thereafter left Thirthahalli...
The Management of Sri. Venkatramana Temple and Sri. Hale Mariyamma Tem ...
Court: Karnataka
Decided on: Jul-05-2007
Reported in: 2007(5)KarLJ311; (2008)ILLJ122Kant; 2007(5)KLJ311; 2007(3)KCCR2027; 2007(5)AIRKarR331
ORDERAnand Byrareddy, J.1. These petitions are taken up for consideration together, since the issues involved are identical.2. In the first of the petitions, the Trustees who manage the Sri Venkataramana Temple & Hale Mariyamma Temple, Kapu, Udupi District are the petitioners on behalf of the two temples. The challenge is to an order by the Assistant Labour Commissioner and Controlling Authority, (under the Payment of Gratuity Act, 1972) Mangalore, as well as an Order passed by the Deputy Labour Commissioner, Hassan Region, Hassan, dismissing the appeal against the order of the former.3. It is the contention of the petitioners that the temples are managed by the Goudasaraswatha Brahmin community, a religious denomination. And that the State has no control over the administration of these temples as there are no statutory provisions applicable to them.4. It is stated that the third respondent was an erstwhile manager employed by the petitioners and that he had resigned from his job in t...
Smt. Eramma Vs. the Deputy Commissioner and ors.
Court: Karnataka
Decided on: Jul-05-2007
Reported in: 2007(5)KarLJ349; 2007(5)AIRKarR364
ORDERN.K. Patil, J.1. Petitioner being aggrieved by the order dated 9th October, 2006 passed in proceedings bearing No. REV/RP/50/2004-05 on the file of the first respondent vide Annexure-D, has presented the instant writ petition. Further, petitioner has sought for a direction, directing the respondents 3 to 5 to enter the name of petitioner in the record of rights in respect of the land in Sy. No. 167/1 measuring 16 acres 12 guntas situate at Madiyal Village, Aland Taluk, Gulbarga District.2. The facts of the case of petitioner is that, the husband of petitioner late Sri Eranna Yelki was the absolute owner of the land bearing Sy. No. 167/1 measuring 16 acres 12 guntas situate at Madiyal Village, Aland Taluk, Gulbarga District. After the death of the husband of petitioner, petitioner and the sixth respondent jointly filed the application for sanctioning the mutation entry and certification of the same and to enter the name of petitioner and sixth respondent jointly in all the revenue ...
Shri Babu Rajaram Mohan Ray, M.Sc. (Agricultural Engineering) in Php a ...
Court: Karnataka
Decided on: Jul-05-2007
Reported in: 2007(5)AIRKarR349
ORDERD.V. Shylendra Kumar, J.1. Writ Petitions by persons who had applied to the posts of Assistant Supervisors in the subjects of Agricultural Engineering, Land Pathology and Agricultural Entomology; in Writ Petition No. 4343/2006, Agricultural Engineering in Post Harvest Processing and Food Engineering (Grafts), in Writ Petition No. 5568/2006, Post Harvest Processing and Agricultural Engineering (Craft), in Writ Petition No. 11935/2006 Agricultural Plant Pathology, in Writ Petition No. 11041/2006, first petitioner in Agricultural Entomology and second petitioner in Agricultural Plant Pathology and in Writ Petition No. 11741/2006 in Agricultural Engineering (Post Harvest Technology/Farm, Power and Machinery/Soil and Water Conservation Engineering) are all before this Court even before the process of selection is through in terms of the two notifications Annexure-W dated 13.7.2006 in ` 4343/2006, Annexure-W dated 13.7.2006 in WP. No. 5568/2006, Annexure-H dated 12.6.2006 in WP. No. 110...
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