Court : Karnataka
Reported in : ILR1999KAR1715; 1999(5)KarLJ193
ORDER1. The petitioners have filed these writ petitions assailing the constitutional validity of Section 26(1)(c) of the Karnataka Municipal Corporations Act (in short, 'the KMC Act') and the action of the respondent organizations in refusing permission for contesting the election for Councillors of Municipal Corporation, Bangalore.2. The petitioner in W.P. No. 43146 of 1995 is a workman employed in Bharat Earth Movers Limited, Bangalore Complex. Bharat Earth Movers is a Public Sector Establishment engaged in the manufacture of earth moving equipments and Railway Coaches. The shares of this Company are held in the name of the President of India and the same is 'State' for the purpose of Article 12 of the Constitution of India. The petitioner's application seeking permission to contest in the Bangalore City Corporation Elections came to be rejected.3. Petitioner Smt. C. Chandramma, in W.P. No. 28766 of 1996 is an employee working as Senior Office Assistant in M/s. Indian Telephone Indus...
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR2472; 1997(4)KarLJ220
ORDERMohamed Anwar, J.1. Heard arguments on both sides.2. This Revision Petition is against the order dated 23.7.1993 in LAC No. 51/90 passed by the learned Additional Civil Judge, Chikodi, rejecting the revisionist's application filed under Section 18(3)(b) of the Land Acquisition Act, 1894 (as amended by Karnataka Amendment Act of 1961), hereinafter referred to as the 'Act'.3. Admittedly, 8 guntas of agricultural land belonging to one Smt. Parwatewwa, situated at Kabbur Village, Chikodi Taluk had been acquired by the respondent for the State, under his award dated 11.6.87; and the amount of compensation for the said land under the said award was paid to the petitioner Smt. Chitra, who received the same under protest. The petitioner is the wife of Smt. Parwatewwa's brother's son.4. After said compensation was received by her, the petitioner made an application under Section 18(1) of the Act, in time, before the respondent Land Acquisition Officer, (hereinafter referred to as 'the L.A....
Tag this Judgment!Court : Karnataka
Reported in : 2001(6)KarLJ449
ORDERR. Gururajan, J.1. Petitioner in the case on hand is seeking for the following prayers:'1. to issue a writ of certiorari to quash Annexures-B and D and the entire proceedings emanated from the respondents 1, 2 and 3, and 2. to issue writ of prohibition against respondents 1 to 3 from proceeding against the writ petitioner under the colour of Karnataka Stamp Act, Section 45A, beyond Indian Registration Act, since the respondents 1 to 3, have acted without jurisdiction, and 3. to declare or strike down the proviso to Sub-section (5) of Section 45A, as unconstitutional'. 2. Petitioner presented a sale deed 19-1-1998 in which the market value of the property was shown for 6 acres and 18 guntas valued at Rs. 4,40,000/-. Respondent 3, the Sub-Registrar received the document and accepted the market value without raising any objection whatsoever. The document was registered on 19-1-1998. Subsequently the respondent referred the matter to the Deputy Commissioner on the ground of under val...
Tag this Judgment!Court : Karnataka
Reported in : 2004(6)KarLJ613
ORDERN.K. Jain, C.J.1. Karnataka Ithihasa Academy, represented by its member, Sri T.R. Krishna Gowda has filed this PIL petition to quash the order dated 21-4-2003 passed by the 4th respondent approving the construction.2. It is stated that the petitioner is a Society registered under the Karnataka Societies Registration Act, 1960. It is stated that as per Indian history, Pampa Kshetra, now known as Hampe, Pampa or Hampi in colloquial usage was the capital of Vijayanagar Emperors. The capital was later shifted on to the southern bank of Tungabhadra river near Sri Virupaksha Temple and the new capital was built around the said temple. Hampi is the only city in the entire world, which has been lying in almost the same condition in which it was, immediately after the devastating war, when the Vijayanagar rulers lost to their enemies who plundered the kingdom. The UNICEF appreciating that Hampi is of great architectural importance, issued guidelines in partial implementation of which an ar...
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR4072; [2004]134STC337(Kar)
ORDERGururajan, J.1. Petitioners are before me challenging the constitutional validity of levy of tax on silk fabrics under Section 4B of the Karnataka Tax on Luxuries Act ('the Act' for short). They are also seeking for a declaration to declare that the notification dated 25.8.2001 issued by the first respondent under Section 12-A of the Act has the effect of exempting levy of tax on silk fabrics for the entire assessment year commencing from 1.4.2001. They are also seeking for various other prayers. 2. Petitioners state in these petitions that the Act was initially enacted to levy tax on commodities like Cigarettes and the luxuries provided in a hotel. The said Act was amended by Act No. 5 of 2001 and 'silk fabrics' were inserted as item No. 4 in the Schedule to the act w.e.f. 1.4.2001. An association representing the petitioners approached the Government with regard to their difficulties in the matter. Government thereafter issued an exemption notification. However, the respondent a...
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR2316; 1995(5)KarLJ61
ORDERSaldanha, J.1. This case is illustrative of how persons who are closest to the Judicial System and who have spent their whole life in the process of assisting in the dispensation of Justice to all and sundry can themselves be at the receiving end when it comes to their own cases. It is a sad reflection on the working of our Government Departments for which I see absolutely no justification, that inane and meaningless objections are raised on utterly senseless considerations and that all of these arise in relation to disbursement of small amounts of money in situations that can never be justified. The 'Babu mentality' that pervades a certain section of subordinate officers in the Government will have to be shed when it comes to dealing with these situations because it must be realised that it is a tremendous amount of waste of public and personal time getting into bureaucratic tussles on matters which are devoid of substance. Whether it is a question of reimbursing a Judge's Medica...
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR536; 2003(5)KarLJ466
ORDERS.R. Nayak, J.1. This writ petition is preferred by Chitradurga District Mazdoor Sangh, trade union represented by its President calling in question the inaction of the Management of Bhadra Sahakari Sakkare Karkhane Niyamita represented by its Managing Director, first respondent in the writ petition, in implementing the settlement produced as Annexure-A, dated 14-5-1998 and for a consequent direction to the management to implement the aforementioned settlement.2. The events leading to the filing of the writ petition be noted briefly as under:The services of members of the petitioner-Sangha, while serving as daily wagers, seasonal and regular employees in the establishment of the first respondent-factory, were terminated by the management. The concerned workmen instituted industrial disputes before the Labour Court, Hubli assailing the above action of the management. When those disputes were pending before the Labour Court, the management in response to several representations made...
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR3671; 1990(3)KarLJ468
Shivaraj Patil, J.1. The facts briefly stated, necessary for disposal of these appeals, are these:-2. The Oriental Research Institute is one of the non-teaching Institutions of the Mysore University. The 1st respondent joined the said Institute as a Research Assistant on 17-9-1957 as a local candidate and his services were regularised by the order dated 31-5-1965. The 2nd respondent was appointed as a Research Assistant Class-II on 1-6-1965 in the same Institute. Later he was promoted as Research Assistant-Class-I in the Institute of Kannada Studies. Since the beginning nature of the work of the 1st respondent has been reproducing the work on palm leaves. Nature of the work of the 2nd respondent was confined to carrying on the reproduction of old Kannada works. Both the respondents have not done the work of teaching at any time.3. Qualification prescribed for the post of Research Assistant Class-I and Class-II are as follows:- 1. Research Assistant Class-I:Master's degree in Kannada or...
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR4003; 1990(3)KarLJ79
ORDERK.A. Swami, J.1. This Civil Revision Petition is preferred against the order dated 13th April 1986 passed by the District Judge, Kodagu in Rev (Rent) 17/1985. The learned District Judge has reversed the order of eviction dated 7-9-1985 passed by the learned Principal Munsiff, Madikeri in HRC No. 4/1983. Hence, the landlord has come up in this revision petition.2. The premises is a residential house known as the 'Lodge' situated in S.No. 5, Block No. 18 of Madikeri Town. The petitioner is the landlord and the respondent is the tenant. The petitioner was in Railway service. On his retirement he filed an application under Section 21(1)(h) (i) and (k) of the Karnataka Rent Control Act 1961 (hereinafter referred to as the 'Act') on the ground that he has retired from railway service and he has no other premises for the use and occupation of himself and his family. Therefore, he pleaded that he reasonably and bona fide required the possession of the schedule premises. He also pleaded fo...
Tag this Judgment!Court : Karnataka
Reported in : 2005CriLJ210; 2004(7)KarLJ592
Mohan Shantanagoudar, J.1. This appeal is filed by the convicted accused No. 1 challenging his conviction for the offences punishable under Sections 498-A and 304-B of IPC r/w. Sections 3, 4 and 6 of the Dowry Prohibition Act, by the learned X Addl. City Sessions Judge, Bangalore, in S. C. No. 403 /1997.2. The case of the prosecution in brief is that:The accused No. 1 - appellant herein is the husband of the deceased Sudha and accused Nos. 2 and 3 are the father-in-law and mother-in-law of deceased Sudha respectively. The deceased Sudha married to the appellant on 27-3-1993. At the time of marriage, the accused demanded dowry of Rs. 1 lakh and gold ornaments. However, a cash of Rs. 50,000/- and certain gold ornaments were given to the accused by the parents of the deceased. Subsequent to the marriage, said Sudha lived with accused persons in Vijayanagar, Bangalore. After some time, the appellant and deceased Sudha took a house on rent and lived separately in M. C. Layout, Bangalore. Th...
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