Karnataka Court January 2009 Judgments

K.B. Mulla Vs. State of Karnataka and anr.

Court: Karnataka

Reported in: 2009(3)KarLJ310

P.D. Dinakaran, C.J.1. Challenging the order of the Karnataka Administrative Tribunal, Bangalore dated 21st August, 2008 refusing to quash the proceedings of the first respondent dated 5-8-2006, where the request of the petitioner to waive the penal licence fee/rent was rejected, the petitioner has filed the present writ petition.2. The brief facts of the case is:2.1 The petitioner while he was working as Assistant Commissioner of Police was transferred from Bangalore to Gokak on 16-12-1999 and after rendering his service as Assistant Commissioner of Police retired as Superintendent of Police on 28-5-2003 holding that he was overstayed in the quarters at Bangalore despite his transfer.2.2 The respondents have demanded penal licence fee/rent as per Rule 13 of the Karnataka Government (Allotment of Government Quarters) Rules, 1999 (for short hereinafter referred as 'Allotment Rules') which reads as hereunder:13. Penal licence fee.--Without prejudice to Sub-rule (3) of Rule 9 or to Rule 2...

The Management of Bata India Limited Vs. Bata Employees Association an ...

Court: Karnataka

Reported in: ILR2009KAR3199; 2009(4)KarLJ673; (2010)ILLJ41Kant; 2009(4)AIRKarR199

ORDERSubhash B. Adi, J.1. This writ petition is by the management questioning the order passed by the third respondent dated 7-6-2005 produced at Annexure-K2. Respondent 1-Union approached the petitioner-management with a letter dated 19-4-2001 inter alia, requesting to recognise five office-bearers as 'protected workmen' for the year 2001-02. When it was not considered by the management, they made an application to the third respondent requesting him to recognise the said office-bearers as protected workmen. The said application was opposed by the petitioner-management, and on enquiry, the authority rejected the application insofar as two workmen viz., D.C. Chikkegowda and Veerabhadrappa. As against the said order, the Union filed writ petition before this Court in W.P. No. 32751 of 2001. Learned Single Judge of this Court by his order dated 30th November, 2001 allowed the writ petition by observing at para 5 as under:5. In my considered view, the first respondent has failed to exerci...

Reebok India Company Through Its Executive Director (Finance and Opera ...

Court: Karnataka

Reported in: ILR2009(1)Kar924:2009(2)KCCRSN63:2009(3)KLJ99:2009(3)AIRKarR120:AIR2009NOC2202.

ORDERRam Mohan Reddy, J.1. Common questions of fact and that of law arise for decision-making. Hence, with the consent of the learned Counsel for the parties, the petitions are clubbed together, finally heard and are disposed of by this order.2. The Petitioner a manufacturer of sports goods including Footwear has its authorised dealers in Belgaum amongst others in all parts of this country. On 29-03-2006, and 5.4.2006, the 4th respondent is said to have searched the showroom of the petitioner's distributor M/s. Square Cut and M/s. Foot Mark respectively and seized shoes in packages said to be in violation of Sections 39, 63 of the Standards of Weights and Measures Act, 1976 (for short 'Act) read with Rules 33(v) and 23(1) of the Standards of Weights and Measures (Packaged Commodities), Rules, 1977 (for short 'PC Rules'). The inspection, it is said, disclosed that the package in which the shoe was packed, did not contain the Maximum Retail Price (M.R.P.) inclusive of all taxes, in viola...

Mahadevappa Vs. Karnataka Lokayuktha and anr.

Court: Karnataka

Reported in: ILR2009KAR947

ORDERV. Jagannathan, J.1. Whether the coming into force of the Karnataka Lokayuktha Act, 1984 (for short 'the State Act') has the effect of regulating the manner of investigation only in accordance with the provisions of the State Act, even in respect of the offences under the Prevention of Corruption Act, 1988 (for short 'the Central Act')? Whether the provisions of Chapter XII of the Code of Criminal Procedure ('Cr.P.C.' for short) are inapplicable to the investigation of the offences under the Central Act, by the Police Inspector of the Lokayuktha, and thirdly, are the Police Officers of the Lokayuktha prevented from registering the case suo motu in respect of the offences under the Central Act and finally, whether the procedure followed by the Lokayuktha police in invoking the provisions of Chapter XII of the Cr.P.C. for the purpose of investigation under fee Central Act, is contrary to the very provisions of the State Act, and thus amounts to an abuse of the process of law.2. Thes...

Rangaswamy and anr. Vs. State of Karnataka and ors.

Court: Karnataka

Reported in: 2009(3)KarLJ316

P.D. Dinakaran, C.J.1. The petitioners are residents of Hejjige and Thoremavu Villages, which are located within Nanjangud Taluk at Mysore District. Nanjangud Taluk is located on the banks of river Kapila and has got religious importance as there is an ancient temple of Lord Shiva. The devotees all over the country visit these villages, for religious pilgrimage, which are located across the river Kapila. The residents, pilgrims and devotees only depend upon water transport facility to ply 'to and fro' to Nanjangud. But, unfortunately, there is no ferry service available not only to the villagers but also to the public at large. Hence, they have moved the above public interest litigation for issue of a writ of mandamus directing the respondents to provide public water transport in the Kapila river basis between Hejjige Village and Nanjangud Town i.e., to run such public ferry service, by means of auctioning the right to do so by engaging competent person/s who own/s or possess motor boa...

In Re: M.C. Chandy, Son of Late M.C. Cherian

Court: Karnataka

ORDERMohan Shantanagoudar, J.1. This petition is filed under Sections 242, 278 and 300 of the Indian Succession Act, 1925 for grant of Letters of Administration to the property and credits of the deceased Mrs. Sheila Candy to have effect throughout the Union of India. The petition discloses that the petitioner is the husband of the deceased, who was a Christian and died on 3rd October 2005. The Death Certificate of the deceased is produced at letter 'A' along with the petition. The fixed place of residence of the deceased at the time of her death was No. 55/2, Lavelle Road, Bangalore-560 001, within the jurisdiction of this Court She is stated to have left the properties at Bangalore and elsewhere and the value of the properties is more than Rs. 10,000/-. The deceased namely Mrs. Sheila Chandy left the following legal representatives:(i) M.C. Chandy - petitioner herein.(ii) M.C. Cherian, son of the DECEASED, aged about 30 years and presently residing at No. 55/2, Lavelle Road, Bangalor...

Bangalore Metropolitan Transport Corporation Central Office by Its Chi ...

Court: Karnataka

Reported in: ILR2009KAR1166; 2009(3)KarLJ643:2009(2)KCCR1159

ORDERSubhash B. Adi, J.1. This Writ Petition is by the Corporation questioning the order of the second respondent dated 4.9.2007 produced at Annexure-C confirmed by the order of first respondent dated 31.3.2008 produced at Annexure-E.2. Respondent No. 3 filed a claim petition before the Controlling Authority under the provisions of Payment of Gratuity Act 1972 (in short referred to as 'the Act') interalia stating that, he joined the Corporation service on 19.12.1966 and retired on 31.1.2004 and has completed 37 years of continuous service and he was drawing Rs. 7,315/- basic pay and was also getting Rs. 4,023/- dearness allowance. However, Corporation has paid Rs. 2.38.621/- towards the gratuity as against Rs. 2.70,655/- and claimed that he is entitled for Rs. 32.034/- with interest.3. The said claim petition was opposed by the Corporation intealia stating that there was a break in service for 3 years 11 months 7 days. In this regard, corporation had produced attendance register showin...

The Hebbar Sree Vaishnava Sabha Represented by Its President H.S. Vija ...

Court: Karnataka

Reported in: 2009(4)KarLJ11; 2009(2)KCCR1187; 2009(3)AIRKarR359(D.B)

P.D. Dinakaran, C.J.1. Since the above two appeals arise from the same set of facts arid against the common order passed by the learned Single Judge in W.P. 5205/2006 & 1250/2007 dated 02.07.2007 the same are clubbed, heard together and disposed of by this common Judgment.2. We heard Sri. P.S. Manjunath, learned Advocate appearing for the appellants in both the appeals, Sri. Ganapathi Section Shastry, Advocate appearing for contesting respondent No. 1 in W.A. No. 1996/2007 and Suit. Niloufer Akbar, learned Additional Government Advocate appearing for the District Registrar of Societies & Firms and perused the material on record.3. Background facts in a nutshell are as follows:Questioning the legality and correctness of the amendment brought into the bye-laws of The Hebar Sree Vaishnava Sabha ('Sabha' for short) in the General Body Meeting held on 31.07.2005, the contesting respondents> claiming to be the members of the 'Sabha' filed two writ, petitions inter alia contending that the ve...

Management of Indian Aluminium Company Limited, Presently Known as Hin ...

Court: Karnataka

Reported in: ILR2009KAR1902; 2009(3)KarLJ184; (2009)IIILLJ528Kant

A.N. Venugopala Gowda, J.1. This appeal arises out of an order passed by the learned Single Judge on 11.3.2005 in W.P. Nos. 32819 and 32820 of 2002 reported in 2005 AIR Karnataka HCR 1150, dismissing the writ petitions filed by the petitioner/appellant.Factual background:2. To appreciate the controversy raised in this appeal, few relevant facts may be noted:Appellant is a Company engaged in manufacturing activities. Respondent was an employee of the appellant and at the relevant point of time, he was one of the Vice-Presidents of the Workers' Union. Charge sheets dated 14.4.1980 and 29.4.1980 were issued to the respondent alleging acts of misconduct, to which, he submitted separate explanations, which were not accepted by the appellant and domestic enquiries were ordered, after holding of which, the enquiry officer submitted reports, holding the respondent guilty of certain charges. Thereafter, a show cause notice dated 8.7.1980 was issued to the respondent, proposing the punishment of...

Bazm-e-niswan Charitable Trust and anr. Vs. Amanath Co-operative Bank ...

Court: Karnataka

Reported in: 2009(4)KarLJ633;

P.D. Dinakaran, C.J.1. The unsuccessful petitioners in W.P. No. 6768 of 2008, being aggrieved by the order passed by the learned Single Judge dated 18-11-2008 whereunder the learned Single Judge disposed of the writ petition confirming the order passed by the 2nd respondent, have preferred the present appeal.2. Brief facts of the case leading to this writ appeal are:That petitioner 1 represented by its President purchased the property belonging to the respondent 1-Bank through its officers viz., respondents 14 and 15 during the period when the husband of the petitioner 2 namely respondent 3 was the President of 1st respondent-Bank through registered sale deed on 24-12-2004; the 1st respondent-Bank had raised a dispute before the 2nd respondent in dispute No. 627 of 2007 in which, the appellants herein have been arrayed as respondents 15 and 16; that in the said dispute, the appellants herein have filed interlocutory application under Section 70(3) of the Karnataka Co-operative Societie...