Karnataka Court September 2008 Judgments

Smt. Sahira Banu W/O Nazeer Khan Vs. Lynal Pinto S/O P.J. Pinto, Prop. ...

Court: Karnataka

Reported in: 2009(6)KarLJ153:2009(3)AIRKarR406:AIR2009NOC1818:2009Cri.LJ(NOC)832.

ORDERArali Nagaraj, J.1. The petitioner herein who is accused in C.C.No. 848/03 has challenged the legality and correctness of the impugned judgment and order of conviction and sentence passed in the said case by the learned Addl. Civil Judge (Jr.Dn.) & JMFC, Puttur, Dakshina Kannada (hereinafter referred to as the 'trial Court' for short) convicting this petitioner-accused for the offence punishable under Section 138 of the Negotiable Instruments Act ('N.I.Act' for short) and sentencing him to pay a fine of Rs. 27,000/-. She has also challenged the judgment dated 3.7.2007 passed in CrLA. No. 183/06 on the file of the learned I Addl. Sessions Judge, Dakshina Kannada, Mangalore (hereinafter referred to as the 'Appellate Court' for short) confirming the said judgment and order of conviction and sentence passed by the trial Court.2. Though this case was listed on 5.9.08 for admission it was taken for final disposal with the consent of the learned Counsel appearing for both sides and their...

Hindustan Petroleum Corporation Ltd. Vs. V.N. Srinivasa Reddy S/O Venk ...

Court: Karnataka

Reported in: 2009(5)KarLJ634; 2009(1)KCCR604; 2009(2)AIRKarR559; AIR2009NOC2898(D.B)

P.D. Dinakaran, C.J.1. The appellant-company is a Government of India Undertaking.2. According to the learned Counsel for the appellant, the appellant-company had advertised for certain vacancies in the category of general workmen at Bangalore, L. P.G. Plant. The respondents were among the 24 candidates selected and appointed after taking required bond/undertaking from them.2.2 As per the corporation's policy the information produced by the respondents was reviewed and the documents were forwarded to the concerned school/ colleges for verification regarding proof of age, qualification etc. The school authorities have confirmed in writing that the information provided by the respondents was either false or the documents have been fabricated. In certain cases, the schools do not exist in the address given by the respondents. Thereupon, the appellant issued show cause notice to the respondents and the respondents have admitted their mistake in the reply to the show cause notices and praye...

B. Krishna Bhat S/O Late B. Narayan Bhat Vs. State of Karnataka Rep. b ...

Court: Karnataka

Mohan Shant Anagoudar, J.1. Health care is the prime need of society/family/person. There is a growing pressure on health care providers and professionals to maintain and improve the quality of health care services. The people legitimately expect high quality of medical care. In our Nation, majority of the people, specially the poor and middle class, depend upon Government and autonomous hospitals (having aid of Government) for health care. Health care system requires coordinated efforts of mainly, the State and four health professionals namely, doctors, pharmacists, nurses and diagnostic professionals. Competence of working professionals directly affects the overall quality of health care deliveries to the people. Hospitals are the main surge points of health care service delivery to the people. Patient's safety is a serious global public health issue. Limited resources for health care facility have a negative impact on the performance of the health care system.2. This writ petition i...

Gopal Dattu Pawar Vs. the Deputy Commissioner and anr.

Court: Karnataka

Reported in: ILR2008KAR4711; 2009(2)KarLJ188; 2008(4)KCCR2855

ORDERN. Kumar, J.1. The learned Government pleader is directed to take notice.2. The petitioner has challenged in this writ petition the order passed by the Karnataka Appellate Tribunal in Misc. Petition No. 13/06 dismissing the miscellaneous petition filed by the petitioner for recalling the order of rejection of the appeal for non-compliance of the office objection on the ground that it is not maintainable.3. The petitioner is an ex-service man, who has worked in the Indian Army. On release from service, he has been granted eight acres of 'D' class land in Sy. No. 804/B of Athani Village in the year 1973 by the Deputy Commissioner. As the petitioner was cultivating in all 17 acres 14 guntas of land including the land granted as aforesaid, he sought for remaining extent of agricultural land in his possession. However, the Deputy Commissioner rejected the said request. Challenging the said order rejecting his request, he preferred an appeal before the Karnataka Appellate Tribunal in Ap...

Upendra Kumar S/O Choyi Chettiar Vs. Don Finance Corporation, a Regist ...

Court: Karnataka

Reported in: AIR2009Kant184; 2009CriLJ1901; ILR2009KAR439; 2009(3)KarLJ584:2009(1)KCCR426

ORDERMohan Shantanagoudar, J.This revision petition is filed, by the convicted accused. The respondent is the complainant.1. The petitioner is tried for the offence punishable under Section 138 of the Negotiable Instruments Act before the learned V J.M.F.C, Mangalore, in C.C. No. 11/2003. After recording the evidence and hearing the parties, the Trial Court, by its judgment and order dated 29th October 2004, convicted the accused and sentenced him to undergo simple imprisonment for a period of one month and to pay compensation of Rs. 40,000/- to the complainant, with default clause. The judgment and order of the Trial Court is confirmed by the Sessions Court, Dakshina Kannada, Mangalore, in Criminal Appeal No. 385/2004, on 15th February 2006.2. Case of the complainant in brief is that: the accused borrowed a loan of Rs. 15,000/- and Rs. 6,000/-on 28.10.1993 and 2.12.1993 respectively from the complainant, agreeing to repay the same with interest at the rate of 23% p.a; Towards repaymen...

The New India Assurance Co. Ltd. by Its Duly Constituted Attorney Vs. ...

Court: Karnataka

Reported in: 2010ACJ405; ILR2009KAR501:2009(1)KCCR840:2009(2)AIRKarR266

Subhash B. Adi, J.1. This matter was heard earlier and both the counsel had relied on the decision of the Division Bench and submitted that, there is a conflicting view in the matter of application of provisions of Section 163-A as regard to the income of the deceased.2. However, today learned Counsel for the appellant placed a reliance on the Full Bench decision of this Court reported in ILR 2001 Kar 2879 in the case of (sic) and Anr. v. General Manager, KSRTC and Anr. wherein this Court has held that, in cause the person with the higher income, if he notionally brings down his income to Rs. 40,000/- in order to present his claim under Section 163-A of the Act, such claim is maintainable.3. In the above decision it is also held that the claimant during pendency of the proceedings at the original or appeal stage can amend his claim petition from one made under Section 166 to a petition under Section 163-A provided he satisfies other conditions ouch as income factor etc. In view of the ...

K.P. Prabhakar S/O Late K. Poovaiah by P.A. Holder and Vs. the Deputy ...

Court: Karnataka

Reported in: 2009(3)KarLJ545

P.D. Dinakaran, C.J.1. This appeal arises from and is directed against the order dated 14-2-2007 in WP 18979-82/03 dismissing the writ petitions as without merit.2. The petitioners-appellants claiming to be the owners of the coffee plantations which are fully assessed to revenue sought permission of the respondents to cut and remove the standing trees in the plantation as they were providing excess shade which is not conducive for the coffee plants. The respondents permitted them to cut the standing trees but when permission was sought for removing the cut logs, the respondents demanded payment of seigniorage. The petitioners being aggrieved by the said demand filed the writ petitions seeking for a declaration that the respondent has no manner of right to claim the value of trees and for a direction to the first respondent to issue transport pass to transport the tree logs cut from the coffee plantation of which the petitioners are the occupants. The learned Single on hearing the petit...

Sri C. Ramesh S/O Chikkanna Gowda Proprietor, Chef-inn Regency Premier ...

Court: Karnataka

ORDERD.V. Shylendra Kumar, J....

Grama DevaThe Sri Renuka Parameshwari (Kodhihallamma) Devasthanada Jee ...

Court: Karnataka

Reported in: ILR2008KAR4849; 2009(1)KarLJ427

ORDERN.K. Patil, J.1. Petitioner in this petition is a Temple Samithi represented by its Secretary. Petitioner has sought for quashing the decision of the first respondent dated 13th February 2006 vide Annexure-F. Further, petitioner has sought for a direction, directing the first respondent to reconsider the matter of declaring the Temple in question, viz., Sri Renuka Parameshwari (Kodihallamma) Temple, as a Muzarai Temple or a declared Institution under Section 43 of the Act of 1997 as sought for by the villagers.2. Petitioner herein is an Association of persons, registered under the provisions of the Karnataka Societies Registration Act, 1960 as per the Registration Certificate issued by the District Registrar of Societies, Chitradurga dated 5th May 2003. All the villagers submitted a memorandum to the Government through the Higher Education Minister and the second respondent - Deputy Commissioner, Chitradurga District, complaining about the mismanagement of the Temple funds by the ...

Sri T.A. Ramababu S/O Sri T.R. Adisesha Jois, Assistant Drugs Controll ...

Court: Karnataka

Reported in: 2009CriLJ629; 2009(3)KarLJ660:2009(1)AIRKarR36

ORDERD.V. Shylendra Kumar, J.1. Writ petition by an employee of the state government questioning the legality of the sanction orders issued by the first respondent-state for the purpose of the provisions of Section 19(1) of the Prevention of Corruption Act, 1988 for short, the Act].2. While Annexure-A and B produced along with the writ petition are identical sanction orders under the very provisions bearing two different dates viz., 25-8-2006 and 28-9-2006 and the petitioner had initially sought for quashing of these two orders, in view of further developments during the pendency of the writ petition, an additional prayer is added by way of amendment to call for the entire records relating to and connected with the charge sheet dated 23/27-12-2006 bearing No 3/2006 in Special Case No 33 of 2006 before the court of principal District & Sessions Judge, Dakshinakannada district at Mangalore. This amendment was sought for in the wake of the development that the sanction had been translated...