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Karnataka Court April 2012 Judgments

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Apr 02 2012

Ravindrakumar Vs. Government of Karnataka and Another

Court: Karnataka

Decided on: Apr-02-2012

1. The petitioners’ grievance is that the post of the Mayor of the Mysore City Corporation ought to have been reserved for a Corporator belonging to Scheduled Tribe (ST). 2. Sri. H. Kantharaja, the learned Counsel for the petitioner in W.P. No.7618 of 2012 submits that the impugned notification dated 25-2-2012 reserves the post in question for Scheduled Caste-Woman (SC(W)). He complains of the violation of Section 10(1-A) of the Karnataka Municipal Corporations Act, 1976 (‘the said Act’ for short). He also takes exception to the reserving of the posts of only Deputy Mayor in the entire State and that too 5 times. There is no reason why there should not be any reservation for the post of Mayor. He complains of the prejudice against the people belonging to the ST. 3. The prayer of the petitioner in W.P.No.8068 of 2012 is for a direction to the respondent to reserve the post in question in favour of ST(W). Sri Praveen Raikote, the learned Counsel appearing for the said p...


Apr 02 2012

Arun Raju Vs. Smt. Lydia Anjali and Another

Court: Karnataka

Decided on: Apr-02-2012

1. This petition is filed to quash C.C. No.47071 of 2010 pending trial for an offence punishable under Section 419-A of the Indian Penal Code, 1860 and an offence under Section 67 of the Information Technology Act, 2000. 2. The petitioner and first respondent are before this Court and admit that the matrimonial disputes between them have been settled and marriage has been dissolved by a decree of divorce and they have no claims against each other and they have no issues. They have filed a joint memo. Today, petitioner (husband) has given a Demand Draft bearing No.003313, dated 21-1-2012 for a sum of Rs.9.00 lakhs drawn in favour of respondent (wife) on HDFC Bank. She acknowledges the receipt of the Demand Draft. 3. The learned Government Pleader relying on the judgment of the Supreme Court in the case of Gian Singh v State of Punjab and Another (2011 AIR SCW 305), would submit that this Court by exercising its power under Section 482 of the Criminal Procedure Code, 1973, cannot convert...


Apr 02 2012

Karnataka State Road Transport Corporation Vs. the Deputy Labour Commi ...

Court: Karnataka

Decided on: Apr-02-2012

Reported in: 2012ILR(Kar)2370; 2012(3)LLN654

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the orders passed by the R1 dated 17.03.2011 vide Annexure-B.) 1. Petitioner has sought quashing of order dated 17.03.2011 passed by the 1st respondent at Annexure-B, whereunder Deputy Labour Commissioner and Appellate Authority under the Payment of Gratuity Act, 1972, has dismissed the appeal filed by the Corporation on the ground of appeal having been filed beyond the period prescribed under the Act, namely beyond 120 days. 2. Heard Smt.S. Nirmmala, learned counsel appearing for the petitioner-Corporation, Sri.M.C. Basavaraju, learned counsel appearing for 3rd respondent and Sri.Jagadeesh Mundargi, learned Additional Government Advocate appearing for respondent Nos.1 and 2. Perused the impugned order and also order passed by the controlling Authority dated 12.03.2009 at Annexure-A and original records made available by the learned Additional Government Advocate. 3. The short ...


Apr 02 2012

C. Shivalingaiah Vs. State of Karnataka and Others

Court: Karnataka

Decided on: Apr-02-2012

B.S. Indrakala, J. 1. This writ petition is filed by the petitioner challenging the order vide Annexure-H, dated 23-5-2011 passed in Application No.1457 of 2007 on the file of Karnataka Administrative Tribunal, Bangalore. 2. It is contended by the petitioner that, he joined the services of respondent 2-Controll of Legal metrology as a Manual Assistant in the department of Weights and Measures, on 28-9-1968. It is further contended that appointment to the cadre of Inspector of Weights and Measures is both by direct recruitment and also by promotion in the ratio of 90% and 10% respectively. It is further contended that the petitioner who was eligible for the promotion to the said post as per Karnataka Weights and Measures Service (Recruitment) Rules, 1978, vide office letter dated 3-1-1985, was placed in independent charge of the post of Inspector of Weights and Measures with effect from 5-1-1985 and he discharged his duties till he attained the age of superannuation; meanwhile, his juni...


Apr 02 2012

Dr. L. Prashanth and Another Vs. State by Rajagopalnagar Police Statio ...

Court: Karnataka

Decided on: Apr-02-2012

1. The petitioners have filed this petition to quash Crime No.345 of 2009. The II respondent is the first informant. 2. The inter se relationship of parties and certain facts which are not in dispute are stated thus: Petitioner 2 is the husband of sister of II respondent. Petitioner 1 is the son of petitioner 2. On 19-9-1999, II respondent constituted a trust called “Shushruthi Education Trust” under a registered trust deed. The II Respondent is the author of the trust. The primary object of the trust was to promote education and establish educational institutions. The following were the trustees.- TRUSTEES i. Sri N. Srinivasa Murthy, S/o. Sri N. Narayanappa, aged about 47 years, residing at No.418/02, 6th Main Road, 4th Cross, Wilson Garden, Bangalore 560 027. ii. Dr. L. Prashanth S/o. Sri V. Lakshminarayana, aged about 26 years, residing at No.515, Padmanabhanagar, Banashankari II Stage, Bangalore 560 070. iii. Smt. Dharini Devi, D/o. Late B.S.V. Naidu, aged about 39 year...


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