Court : Karnataka
Reported in : 1999(1)KarLJ603
1. Corruption in a civilised society is a disease like cancer, which if not detected in time is sure to malignise the polity of country leading to disastrous consequences. It is termed as plague which is not only contagious but if not controlled spreads like a fire in a jungle. Its virus is compared with HIV leading to AIDS, being incurable. It has also been termed as Royal thievery. The socio-political system exposed to such a dreaded communicable disease is likely to crumble under its own weight. Corruption is opposed to democracy and social order, being not only anti people, but aimed and targeted against them. It affects the economy and destroys the cultural heritage. Unless nipped in the bud at the earliest, it is likely to cause turbulence shaking of the socio- economic-political system in an otherwise healthy, wealthy, effective and vibrating society.2. The menace of corruption was found to have enormously increased by first and second world war conditions. The corruption, at th...
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR3620; 1998(6)KarLJ667; (1999)IILLJ552Kant
K.R. Prasada Rao1. These appeals have been filed against the order passed by the learned Single Judge in Writ Petition Nos. 5517 and 5518 of 1998, dated 4-3-1998 confirming the ex parte stay order dated 24-2-1998 staying the operation of the order of transfer of respondent 2-Deputy Manager (TTC) from the Technical Training Centre to its Regional Office, Calcutta under Office Memorandum No. FPA TRF 97 384, dated 27-11-1997 issued by the appellant (Annexure-EE to the writ petitions) and rejecting the application filed by the appellant-Company for vacating the stay order dated 24-2-1998.2. The impugned order passed by the learned Single Judge has been challenged by the management of the appellant-Company on two grounds which are (1) the writ petitions filed by the respondents in the writ appeals are not maintainable, as the appellant-Company is not a 'State' or other authority within the sweep of the expression used in Article 12 of the Constitution of India and (2) the order of transfer ...
Tag this Judgment!Court : Karnataka
1. All these Writ Petitions are listed before this Bench by a Special Order of the Hon’ble Chief Justice for decision. The subject matter of all these petitions is identical though one of the writ petition is by way of public interest litigation. Therefore, they are taken up for consideration together and disposed of by this common order. 2. The petitioners in W.P.No. 66920/2010 herein are the member shareholders of the Doodhganga Krishna Sahakari Sakkare Karkhane Niyamit, Chikkodi. It is a Co-operative sugar factory registered under the Karnataka Co-operative Societies Act, 1959. It was established to cater to the needs of the sugarcane farmers in and around Chikkodi, Raibagh and Athani Taluk in Belgaum District. Later it was converted into a Multi-State Co-operative Society under the Karnataka Multi State Co-operative Societies Act, 2002, by extending its area of operation to more than one State (Karnataka and Maharashtra) Earlier, they were having crushing capacity of 2500 TCD...
Tag this Judgment!Court : Karnataka
Reported in : AIR1990Kant97; 1989(2)KarLJ202
ORDER1. Common prayer in these series is to issue a writ in the nature of mandamus to forbear respondents from interfering with their right to excavate, remove and transport granite found in his/their patta land/s.2. Most of the petitioners are from old State of Mysore and a few from Kollegal, which on re-organization has become part and parcel of Mysore District. They trace their right to excavate granite either to proviso to S. 38 of Mysore Land Revenue Code and notification issued thereunder or the Madras Board Standing Order. In support of their prayer, reliance is placed on catena of decisions of this Court to which a reference would be made a little later.3. Respondents in their statement of objections dispute their right to extract minor minerals except in accordance with the Rules framed under S. 15 of the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as the 'Act') Specific reference is made to Ch. II of the Karnataka Minor Mineral Concessio...
Tag this Judgment!Court : Karnataka
- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU R DATED THIS THE8H DAY OF APRIL, 2024 BEFORE THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION No.1167 OF2024(GM-POLICE) BETWEEN: SRI.VINAY RAJASHEKARAPPA KULKARNI, AGED ABOUT54YEARS, MEMBER, LEGISLATIVE ASSEMBLY, KARNATAKA STATE AND RESIDENT OF BARAKOTI SHIVAGIRI, DHARWAD 58 007. PETITIONER (BY SRI.C V NAGESH., SENIOR COUNSEL FOR SRI. K RAGHAVENDRA.,ADVOCATE) AND: CENTRAL BUREAU OF INVESTIGATION, BELLARY ROAD, BENGALURU 560 032. REPRESENTED BY ITS DIRECTOR. RESPONDENT (BY SRI. S V RAJU., ASG A/W SRI. P PRASANNA KUMAR AND SRI. RAHUL REDDY., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA, PRAYING TO I) CALL FOR RECORDS IN SPL.C.C.NO.565/2021 WHICH IS PRESENTLY PENDING ON THE FILE OF THE LXXXI ADDL. CITY CIVIL AND SESSIONS JUDGE, (CCH.NO.82), BENGALURU AND ETC., THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDER, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING: - 2 - ORDER Petitioner, a former Cab...
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Reported in : ILR1987KAR262
ORDERMurlidher Rao, J.1. Petitioner has filed these two petitions. Common set of facts have given rise to two causes of action. Reliefs asked for are separate but concerning a common transaction.Facts :Petitioner applied for grant of quarry lease in an area of 280 acres in S. No. 421 of Maralkuppa Village in Kanakapura taluk. The application was filed on 3-12-1981, for 'GREY GNEISS'. The Deputy Director of Mines and Geology, being the competent officer, granted by 150 acres and in pursuance thereof, lease deed was executed on 15-5-1982. In the lease deed, the mineral was mentioned as 'GREY GRANITE' instead of 'GREY GNEISS' as sought for by the petitioner. Petitioner commenced his operations.2. After one year, petitioner, realising the discrepancy, applied for rectification of mineral in the lease deed. He contended that he had applied for 'GREY GNEISS' and that is the mineral found in the quarry, therefore, 'GREY GRANITE' which is mentioned in the lease deed, having not been found in t...
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR2934; 1999(3)KarLJ363
S. Rajendra Babu, J. 1. The genesis of this litigation is the receipt of a letter from R. Shiva Bhaskaraswamy bringing to the notice of this Court a letter sent by the Secretary, Medical Council of India on 21-11-1994 to the Government of Karnataka, that certain medical colleges in Karnataka are admitting students in excess of the intake fixed by the Medical Council of India and sought for directions to take corrective steps to reduce the number of admissions in excess of the number approved by the Medical Council of India. That letter sent by R. Shiva Bhaskaraswamy was treated as a writ petition by registering it as such in public interest. On 26-8-1996, learned Single Judge made an order directing the State Government to ensure no medical or dental college admits any students for which the seats do not stand the test of mandatory provisions of Sections 10-A to 10-C of the Medical Council Act, 1956 and the Dental Council Act. Against that order, a writ appeal was preferred in Writ App...
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR3136; 1996(7)KarLJ426
ORDERG.C. Bharuka, J.1. The National Law School of India University, Bangalore, in its publication 'March of the Law, 1994', while reviewing legal developments in India in the field of Education Law, has noticed that '1992-93 will go down in the history of constitutional litigation on education. The debate that started with 'PRADEEP JAIN v. UNION OF INDIA, : (1984)IILLJ481SC , on the issue of policy on education, specially relating to professional education, dictates several dimensions and reached UNNIKRISHNAN v. STATE OF AP, : [1993]1SCR594 , via MOHINI JAIN v. STATE OF KARNATAKA, : [1992]3SCR658 . The Parliament also took immediate notice of the said developments and appropriately responded by enacting Indian Medical Council (Amendment) Act, 1993 and the Dentist (Amendment) Act, 1993. But all in vain. The mischief sought to be remedied could still found their ways to survive with higher vigour openly declaring 'we are unconquerable. We survive with ten heads like Ravana.' The enquiri...
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Reported in : AIR1958Kant70; AIR1958Mys70; (1958)36MysLJ199
S.R. Das Gupta, C.J.1. There is only one point raised in these two petitions and it arises in this way. The Petitioner in W. P. No. 134 of 55 is the son and the petitioner in W. P. No. 135 of 55 is his father. Both of them were partners in a firm known as 'Chandiram Brothers' dealing in Silk goods at Bangalore. The son was assessed on 31-3-1954 and the father was assessed on 30-12-1954, in respect of their income for the assessment year 1950-51. In the order of assessment, which was made under Section 23 (3) of the Indian Income Tax Act, it was stated that the assessment was made subject to revision under Section 35 of the Income Tax Act on determination of the correct share of income in the firms accounts.Thereafter on 29th March 1955 the firm was assessed, and the total income assessed was Rs. 93,461/-. On such assessment it was found that the previous assessments of the petitioners were less than what they should have been, and thereupon the Income Tax Officer, purporting to act und...
Tag this Judgment!Court : Karnataka
Reported in : AIR1966Kant17; AIR1966Mys17; (1965)1MysLJ429
(1) This appeal arises in execution proceedings, and the only question of law for decision is one of limitation. The facts leading to this appeal are as follows:(2) One Sadashiva Mathade instituted Civil Suit No. 3 of 1942 in the Court of the Civil Judge, Junior Division, Bailhongal, against one Shiddappa Mali. That suit was dismissed. Besides, the Court awarded compensatory costs of Rs. 500 against the plaintiff and directed him to pay the same to the defendant. The appellate Court confirmed that decree in Appeal on 31-1-1946.(3) One Krishnaji Joshi filed Civil Suit No.189/45 against Shiddappa Mali who was the defendant in C.S. No. 3 of 1942, and in whose favour, as already stated, there was decree for payment of Rs. 500 as compensatory costs. Krishnaji attached the said decree in C.S. 3/42 before judgment. Krishnaji's suit was decreed and the order of attachment was made absolute on 14-8-46. Krishnaji then made an application on 23rd July 1946 to the Debt Adjustment Board under the B...
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