Karnataka Court September 2007 Judgments

Sri B. Mohan Pillai Vs. State of Karnataka by Inspector of Police

Court: Karnataka

Reported in: ILR2008KAR3733;

R.B. Naik, J.1. This is an appeal filed by the accused-appellant challenging the order of conviction and sentences passed by the learned Principal Sessions Judge Kolar dated 16-9-2003 in C.C. No. 4/1998 convicting the accused-appellant for the offence punishable Under Section 7, 13(1)(d) r/w. 13(2) of the Prevention of Corruption Act, 1988 and sentenced him to undergo simple imprisonment for a period of six months and to pay fine of Rs. 2,000/-, in default to pay the fine, he shall undergo simple imprisonment for a further period of 3 months for the offence punishable Under Section 7 of Prevention of Corruption Act, 1988. Further, the accused-appellant is sentenced to undergo simple imprisonment for a period of 6 months and to pay fine of Rs. 2,000/-, in default to pay the fine he shall further undergo simple imprisonment for a period of 3 months for the offence punishable Under Section 13(1)(d) r/w. Section 13(2) of Prevention of Corruption Act, 1988. The substantive sentences shall r...

Narasegowda S/O. Chandrautta Yellegowda Vs. the State of Karnataka by ...

Court: Karnataka

Reported in: ILR2007(4)KAR4299; 2008(3)KarLJ74;

ORDERMohan Shantanagoudar, J.1. In these writ petitions, the petitioners have prayed for writ of mandamus directing the respondents to renew lapsed CL-2 licences of the petitioner by accepting 50% of the prescribed licence fee for the lapsed period and full fee for the current year. They have also sought for a writ of prohibition prohibiting the respondents from demanding the additional licence fee for the lapsed period of the licence of the petitioners. Consequently, the petitioners have sought for quashing the demand notices, by which the respondents have demanded full licence fee for the lapsed period.2. In support of the arguments, Sri G.K. Bhat, learned Counsel appearing on behalf of the petitioners relied upon the provisions of Rule 5-A of the Karnataka Excise (Sale of Indian and Foreign liquors) Rules, 1968, (for short hereinafter referred to as the 'Rules') and the judgment of the Division Bench of this Court in W.A. No. 4/2007, disposed of on 26.3.2007.It is contended by Sri G...

Sri B.P. Nagaraj S/O Sri Puttachenna Shetty Vs. the Manager, Urban Co- ...

Court: Karnataka

Reported in: 2007(6)AIRKarR454

ORDERN.K. Patil, J.1. Petitioner, questioning the correctness of the impugned order dated 17th September 2004 passed by third respondent in Dispute No. 508/2002-03 vide Annexure A and the order dated 29th June 2007 passed in Appeal No. 1139/2004 on the file of the Karnataka Appellate Tribunal at Bangalore vide Annexure B, has presented the instant writ petition.2. The grievance of petitioner in the instant writ petition is that, he had borrowed a sum of Rs. 20,000/-from the first respondent - Urban Co-operative Bank (hereinafter called 'Bank') and that, he has already repaid the said principal amount of Rs. 20.000/-However, to the shock and surprise of the petitioner, he received the notice from third respondent in Dispute No. 508/2002-03 raised by first respondent - Bank before the third respondent After receipt of the said notice, petitioner has appeared personally before the third respondent and sought for copy of necessary documents relating to the dispute including the copy of the...

Sri Shivanna S/O Late Govindaiah Vs. the Command Area Development Auth ...

Court: Karnataka

ORDERD.V. Shylendra Kumar, J.1. Though the matter has come up for orders on the application for vacating the interim order of stay granted by this Court on 26.7.2006, with the consent of learned Counsel for the parties, the matter is taken up for disposal and disposed of as under.2. Writ petition by a person who had been initially absorbed as a First Division Assistant in the services of the respondent No. 1 - Command Area Development Authority. The absorption of the petitioner was along with 78 other similar employees who it appears were earlier either Government servants or came from elsewhere in terms of a resolution passed by the respondent No. 1 -employer purporting to act under Rule-9 of the Karnataka Command Area Development Authority [Cadre Recruitment Rules] 1987.3. The grievance of the petitioner is that the petitioner after such absorption, while had been given a promotion in terms of another office order dated 31.7.1997 promoting him to the post of Office Superintendent alo...

Prakash Mahabaleshwar Bhat S/O Mahabaleshwar Sur Bhat and ors. Vs. Kar ...

Court: Karnataka

Reported in: 2008(1)KCCR236:2008(1)AIRKarR17; 2008LabIC(NOC)198

ORDERD.V. Shylendra Kumar, J.1. These two writ petitions are by persons who are working as teachers in schools run by the first respondent Karnataka Power Corporation, who manages such school for the benefit of children of its employees, who are working in different locations of the units of the corporation or offices of the corporation.2. The grievance of the petitioners essentially is that they are not recognized and given due status as teachers; that their pay scales and service conditions are not commensurate with that of teachers elsewhere, particularly in the state government, where teachers are treated on par with junior engineers/ staff nurse in the sense, the pay scales of junior engineer/ staff nurse in the government services are comparable to teachers; that the corporation while at one breath claims that teachers in the employment of its schools are also on par with teachers working in the government schools but on the other is not providing same pay scales or service benef...

S. Prasanna Kumar S/O D.K. Srinivasan Vs. Dr. Y. Nagappa S/O Y. Basapp ...

Court: Karnataka

Reported in: ILR2007KAR4491; 2007(4)KCCRSN294; 2007(6)AIRKarR47

ORDERV. Gopala Gowda, J.1. This Election Petition is filed by the Election Agent of 2nd respondent with the following prayers:(a) accept this petition for trial;(b) declare the election of the 1st respondent, the returned candidate, as void on the ground of having committed an electoral offence/corrupt practice under Section 123(4) of the Act making false statement of facts concerning personal character of the 2nd respondent;(c) that the election of the 1st respondent be declared as void as there is fraudulent manipulation of votes polled by the returned candidate, by non-compliance of the provisions of the Act and the Rules framed under the Act within meaning of Section 100(1)(d) of the Act;(d) order recount of the votes of all the candidates and declare the 2nd respondent as having been duly elected to fill the seat from 40-Harihar Assembly Constituency;(e) name the 1st respondent, his election agent and such other persons as are found guilty of committing corrupt practice in further...

Bellary Steel and Alloys Limited Regd. Under the Companies Act, 1956 R ...

Court: Karnataka

Reported in: ILR2008KAR2441; 2008(4)KCCRSN306; 2008(1)AIRKarR456; AIR2008NOC724

ORDERAshok B. Hinchigeri, J.1. The grievance of the petitioner is that the captive mining lease in respect of 242.82 hectares in Ramandurg Range and Village, Sandur Taluk, Bellary District, sought vide its application, dated 14th September, 1993, is not granted.2. The brief facts of the case are that the petitioner/Company has been running a sponge iron plant in Bellary. It proposed to set up an integrated steel plant. The Government of Karnataka offered to lease the captive mining areas for the purpose of meeting the petitioner's iron ore requirements. In this regard, the petitioner submitted an application, dated 21st September, 1993. The State Government issued the Government Order, dated 4th December, 1995 (Annexure-C) confirming its commitment to make available to the petitioner Company seven lakh tonnes of iron ore per annum for a period of 50 years. The issuance of this Government Order was followed up by a meeting held on 27th February, 1997 between the Principal Secretary to G...

Ashok Kumar S/O Late Lakshmi Chand Vs. Sri Ananda Vadivellu (Raju) S/O ...

Court: Karnataka

Reported in: 2007(6)KarLJ125; ILR2007(4)Kar4045; 2007(4)KCCR2314

ORDERN.K. Patil, J.1. The petitioner, being aggrieved by the order dated 11th June 2007 passed on I.A. No. V in H.R.C. No. 298/2006 on the file of the Additional Judge, Court of Small Causes, (SCCH-9) Bangalore, has presented the instant House Rent Revision Petition.2. The grievance of the petitioner in this petition is that, petitioner has filed an application under Section 43 of the Karnataka Rent Act, 1999 before the Trial Court, in H.R.C. No. 298/2006, seeking appropriate relief to stop all further proceedings and to direct the petitioners therein to approach the competent Court of Civil jurisdiction for declaration of their rights, on the ground that, he is disputing the jural relationship of landlord and tenant. The said application filed by petitioner had come up for consideration before the Trial Court on 11.6.2007. The Trial Court after hearing both sides, has rejected the I.A. No. V filed by petitioner in HRC No. 298/2006 holding that, respondents herein have prima facie prod...

S.N. Murthy S/O D. Narayanaswamy, Vs. State of Karnataka by Its Secret ...

Court: Karnataka

Reported in: 2008(3)KarLJ79

ORDERD.V. Shylendra Kumar, J.1. Writ petition by certain disgruntled advocates who are not selected to be appointed as notaries, though they had made applications for such purpose.2. Petitioners are persons who had responded to a notification calling for applications to appoint notaries in certain taluks of Hassan district in terms of the notification dated 24-6-2005, copy of which is produced at Annexure-B to the writ petition.3. While it appears that the petitioners were not successful in their attempt, respondents 3 to 6 have been appointed and it is questioning the legality of the appointment of respondents 3 to 6 the present writ petition.4. Appearing on behalf of the petitioners, Sri Mahesh R. Uppin, learned Counsel for the petitioners has urged several contentions, principal among which are that the notification had not been duly published in the official gazette inviting objections; that it was not even published at the office of the Bar Council or Bar Association; that the pet...

Sri S.M. Krishna S/O S. Muniyappa and Vs. the Secretary, Department of ...

Court: Karnataka

Reported in: 2007(6)KarLJ601; 2007(4)KCCR2288; 2007(6)AIRKarR302

ORDERN.K. Patil, J.1. Petitioners, questioning the correctness of the impugned order dated 30th May 2005 in proceedings No. LND/RA/60/2003-04 passed by third respondent and the order dated 17th December 2005 in proceedings No. R.A.No. 74/2005-06 passed by second respondent vide Annexures N and O respectively, have presented the instant writ petition. Further, petitioners have sought for a direction, to remand the matter for reconsideration by fifth respondent strictly in accordance with taw within the time limit.2. The grievance of petitioners in the instant writ petition is that, petitioners herein are claiming that, the land in question has been cultivated since the time of their ancestors and thereafter, they have continued to cultivate the land in question un-authorized since more than three and half decades. In view of the amendment of the Karnataka Land Revenue Rules, it is the case of petitioners that, they have filed the application seeking regularization of their un-authorized...