Karnataka Court September 2008 Judgments

B. Krishna Bhat S/O Late B. Narayana Bhat Vs. State of Karnataka by It ...

Court: Karnataka

P.D. Dinakaran, C.J.1. Heard Sri Puttige Ramesh, learned Counsel for the petitioner and also the Counsel for the respondents at length. We also heard the Member Secretary of the Karnataka State Legal Services Authority.2. The petitioner has prayed for issue of a writ of mandamus or any other writ, order or direction to the respondents in general and the 6th respondent in particular, to ensure that no sewage or garbage is directed to lakes and tanks. They have also prayed for a direction to the 6th respondent to ensure proper fencing of all the lakes and tanks in the city of Bangalore and also in the entire state of Karnataka. Further they have prayed for a direction to ensure that trees/saplings are planted on the periphery of lakes and tanks so that the said place be more green and capable of holding as well as increasing ground water level, which system will also help in preventing How of silt and mud during rainy season into the lakes and tanks and for all consequential benefits.3. ...

Sri R.B. Lakshmegowda S/O Late Bommarayigowda Vs. the Joint Registrar ...

Court: Karnataka

Reported in: 2009(1)KCCR225; 2009(1)AIRKarR268

ORDERD.V. Shylendra Kumar, J.1. Writ petitioner was an elected Director of Krishnarajanagar Taluk Co-operative Agricultural and Rural Development Bank limited, Krishnarajanagar Taluk, Mysore District.2. The second respondent - Deputy Registrar of Cooperative Societies acting as a Registrar under the provisions of the Karnataka Co-operative Societies Act, 1959 [for short the Act] being moved by the third respondent - Co-operative Bank had caused issue of a notice dated 20.5.2006 purporting to be under the provisions of Section 29-C of the Act calling upon the petitioner to attend an enquiry to be held at his office in the background of a complaint filed by the Bank complaining that the petitioner had become a defaulter by not repaying the loan amount and had also sought extension of time on behalf of one Javaregowda, son of Cheluvegowda who had become a defaulter to the Bank and on these two counts, action in terms of Section 29-C of the Act was required to be taken against the petition...

Syndicate Bank Vs. M. Hanumanthappa

Court: Karnataka

Reported in: [2009(121)FLR27]; ILR2008KAR5139; 2009(1)KarLJ419; 2009(1)KLJ419; 2009(2)AIRKarR172

ORDERRam Mohan Reddy, J.1. The petitioner, having appointed the respondent as a clerk, directed him to work at Srirama Nagar Branch during the period 11-04-1979 and 21-03-1988 and while discharging duties in the Postal Outward Department, in the said branch, from 27-08-1987 to 29-01-1988, allegedly made entries in the Postal Outward Register maintained at the branch and secured reimbursement of the amounts declaring/indicating actual postal expenditure incurred by him on behalf of the Bank in respect of 279 articles consisting of notices to borrowers/pigmy balance confirmatories, etc., out of which entries against 33 items of registered post, were indicated with receipt numbers said to be assigned by the Postal Department. It is the allegation of the petitioner, that the respondent did not actually post the letters, but secured reimbursement of the monies after making entries in the register giving the impression of having dispatched the 279 articles through post. The petitioner having...

Kirloskar Electric Company Ltd. a Company Incorporated Under the Mysor ...

Court: Karnataka

Reported in: 2009(5)KarLJ715; 2008(5)KCCR3478

P.D. Dinakaran, C.J.1. This is a pathetic case which reflects as to bow the Legal Representatives (young widow and a minor child) of the deceased-workman, who submitted bis resignation on 27.9.1995 offering himself to resign with effect from 30.11.1995 was permitted to continue in service till 6.12.1995, on which day he withdrew his resignation; but, thereafter on 6.12.1995 after the working hours the Management accepted the resignation and sent it by post relieving him from service after the working hours of 6.12.1995 i.e., with effect from 7.12.1995, are dragged from pillar to post even to receive the minimum reasonable compensation of Rs. 1,00,000/- in lumpsum, as the employee died during the pendency of the writ petition.2. The appellant-management has preferred the present appeal against the order dated 3rd October, 2007 of the learned single Judge made in Writ Petition No. 38507/2003, where the appellant-management had challenged the Award dated 16.05.2003 in A.I.D. No. 335/2001 ...

Sri K.T. Krishnegowda S/O Late Thimmegowda Vs. the Joint Registrar of ...

Court: Karnataka

Reported in: 2009(1)KCCR208; 2009(1)AIRKarR233

D.V. Shylendra Kumar, J.1. Writ petition by a person who was an elected Director of Krishnarajanagar Taluk Co-operative Agricultural and Rural Development Bank Limited, Krishnarajanagar Taluk, Mysore District, who is aggrieved by the adverse order that he has suffered at the hands of the second respondent - Deputy Registrar of Co-operative Societies, Mysore Division, Mysore who had in exercise of his powers under Section 29-C of the Karnataka Cooperative Societies Act, 1959 [for short the Act'] disqualified him from holding the Directorship of the society in terms of his order dated 6.7.2006 (copy at Annexure-D) and which the petitioner was unable to get over in his appeal before the first respondent - Joint Registrar of Co-operative Societies in an appeal under Section 106 of the Act as the appeal came to be dismissed affirming the order passed by the Deputy Registrar as per order dated 19.12.2006 passed in Appeal No. 5/2006-07 [copy at Annexure-K].2. It is to get over these orders, t...

Smt. Hemavathi Vs. New India Assurance Co. Ltd. and ors.

Court: Karnataka

Reported in: 2009ACJ1751; ILR2008KAR5069:2009(2)KCCR1067:2009(1)AIRKarR164:AIR2009NOC614(D.B)

K.N. Keshavanarayana, J.1. Though this matter is listed for admission on 1.8.2008, by the consent of both sides, the same was heard on merits.Being dissatisfied with the quantum of compensation awarded by the Tribunal in MVC. No. 5340/2002 on the file of MACT-5, Bangalore City, the petitioner-claimant has filed this appeal seeking enhancement of compnesation. The appellant filed claim petition seeking compensation from the respondents for the death of her husband Lokesh who died in the motor vehicle accident that occurred on 10-8-2002 at about 10.30 p.m.2. The case of the appellant in brief is as under:On 10.8.2002 at about 10.30 p.m. when her husband lokesh was proceeding on motor cycle bearing No. KA-1-S-726 as rider on Hosur Road, near Balaji Medical Stores, Tata Sumo bearing No. 090 F-9266 driven by its driver at high speed in rash and negligent manner, came from behind and dashed against the motor cycle as a result, her husband Lokesh fell down along with motor cycle and sustained...

Mallikarjun S/O Late Veerabhadrappa Hosakote Vs. the General Manager, ...

Court: Karnataka

Reported in: 2010ACJ151:2009(1)AIRKarR126:AIR2009NOC610(D.B).

K.N. Keshavanarayana, J.1. The petitioner-claimant as also respondents 1 and 2 in MVC No. 2130/2001, on the file of the Additional MACT, Saundatti, are in appeal before this Court. The petitioner-claimant is dissatisfied whereas respondent Nos. 1 and 2 are aggrieved by the quantum of compensation awarded by the Tribunal. In both these appeals, as the respective appellants have questioned the correctness of the same judgment and award, they were heard together and are being disposed of by this common judgment.2. The parties herein will be referred to with reference to their ranking before the Tribunal.3. The petitioner-claimant filed claim petition under Section 166 of the Motor Vehicles Act, seeking compensation of Rs. 10 lakhs for the personal injuries said to have been sustained by him in the motor vehicle accident that occurred at about 7.00 P.M. on 5.5.1997.4. The case of the petitioner in brief is as under;That on 5.5.1997 at about 4.30 P.M. he boarded a KSRTC Bus at Yeragatti, to...

Secretary, Central Board of Direct Taxes and anr. Vs. B.K. Sinha

Court: Karnataka

Reported in: (2009)221CTR(Kar)284; [2009]177TAXMAN483(Kar)

A.N. Venugopala Gowda, J.1. The appellants were the respondents in Writ Petn. Nos. 23605-606/2001 and 27215/1999. The respondents herein, were the writ petitioners. The learned Single Judge, by a common order dt. 25th July, 2003 [reported as A.S. Mani v. Union of India and Ors. has allowed both the writ petitions. Aggrieved thereby, these appeals have been filed.2. The case of the petitioner in Writ Petn. Nos. 23605-606/2001 in brief is that, he is a technician; he had entered into an agreement with M/s Italab (Japan) Ltd. for supply of service in the light of his experience In the international market and his service was rendered from India. He had applied to the appellants for approval of the agreement to enable him to claim deduction, provided under Section 80RRA of the IT Act, 1961 (hereinafter referred to as the 'Act'). The application was rejected on the ground that, no visits to abroad for rendering service are envisaged in the agreement. Assailing the decision, writ petition wa...

iti Employees Housing Co-operative Society Ltd. Vs. the State of Karna ...

Court: Karnataka

Reported in: ILR2009KAR584; 2009(3)KarLJ364:2009(2)KCCR10092009(2)AIRKarR441(D.B)

V. Gopalagowda, J.1. The appellant-ITI Employees Housing Co-Operative Society Limited filed this writ Appeal questioning the correctness of the order of the learned Single Judge passed in writ Petition No. 5110/2001(LA-HB) wherein the learned Single Judge has declined to quash the notification impugned in the Writ Petition by which the first respondent-state Government in exercise of its power Under Section 48(1) of the Land Acquisition Act of 1894 (hereinafter called as L.A. Act) denotified 1 acre 15 guntas of land out of 7 acres 15 guntas including 7 guntas of phut kharab in Sy. No. 18 of Mallathahalli village, Yeshwanthapur Hobli, Bangalore Smith Taluk, Bangalore District in favour of the appellant's society urging various grounds.2. There is no need fox us to advert to the facts in this judgment as the learned single Judge has elaborately referred to the same. We are referring only the rival legal contentions urged in this appeal for the purpose of examining the same to find out wh...

Mr. M. Shashikumar and ors. Vs. the Management of Bpl Limited Represen ...

Court: Karnataka

Reported in: (2009)IIILLJ66Kant; 2009(2)AIRKarR530(D.B)

Manjula Chellur, J.1. The appellants in W.A.I 082''07 were the workmen of the first respondent - (BPL Limited) working in one of the units wherein the unit was engaged in the manufacture of components of electronic products connected with colour television business.2. The first respondent said to have entered into transfer agreement with the second respondent M/s Sanyo BPL, Private Limited on 14.12.2005. The relevant Clause 5.1 of the Business 'Transfer Agreement (hereinafter referred to as 'BTA') pertaining to employees matters indicates 'parties agree that the employees of the BPL Ltd (transferor or seller) shall become the employees of the Sanyo BPL (transferee or purchaser) on and from the closing date subject to terms and conditions set out in the employment contract to be executed between such employee and the transferee/purchaser. In advance, a notice came to be displayed by transferor dated 9.12.05 advising employees to accept the employment with the second respondent. If not, ...