Court : Karnataka
Decided on : Nov-05-1996
Reported in : AIR1997Kant261
ORDERRajendra Basu, J.1. These appeals arise out of an order made in the writ petitions filed by the appellants in which they challenged an order made by the Principal of the respondent-College expelling them from the college with effect from 20th November, 1995.2. On the allegation that on the night of 13-11-1995 at about 11.30 p.m. the bust of Dr. B. R. Ambedkar installed in front of the Academic floor of the respondent-college was desecrated, defiled and several acts of misconduct were allegedly committed by some students of the college, an enquiry was instituted. After recording the statements of 7 persons and on intimation to the students who were allegedly involved in the incident, of whom 4 appeared before the respondent, the Principal took action indicated above. Aggrieved by that action, the appellants preferred writ petitions challenging the same.3. Before the learned single Judge, the contentions urged are : (i) that the principles of natural justice have not been duly obser...
Tag this Judgment!Court : Karnataka
Decided on : Jan-05-1996
Reported in : I(2000)ACC54
S. Rajendra Babu, J.1. One Anil Gangadhar Shanbhag had taken out six policies of insurance on his life for Rs. 15,000/-, Rs. 10,000/-, Rs. 10,000/-, Rs. 10,000/-, Rs. 10,000/- and Rs. 25,000/- on 21.9.1972, 28.12.1975, 28.12.1975, 18.3.1976, 20.3.1976, and 10.8.1978 respectively from the respondent Life Insurance Corporation of India and he died on 10.12.1980. The claim made by the mother of the deceased for payment of the amount under the aforesaid policies taken out by. the deceased, after his death, was repudiated or denied by the appellant on the ground that the deceased while filling-up the proposal forms for the policies, was guilty of fraudulent misrepresentation and suppression of material facts, with regard to his health.2. The respondent filed a writ petition under Article 226 of the Constitution before this Court in W.P. No. 16051 of 1984 seeking the following reliefs:(i) Issue direction of writ to the respondents to produce the material on the basis of which the claims of t...
Tag this Judgment!Court : Karnataka
Decided on : Jan-05-1996
Reported in : 1998ACJ373; AIR1997Kant157; [1998]93CompCas933b(Kar); ILR1996KAR2078; 1996(5)KarLJ682
1. One Anil Gangadhar Shanbhag had taken out six policies of Insurance on his life for Rs. 15,000/-, Rs. 10,000/-, Rs. 10,000/-, 10,000/-, Rupees 10,000/- and Rs. 25,000/- on 21-9-72, 28-12-75, 28-12-75, 18-3-76, 20-3-76 and 10-8-78 respectively from the respondent -- Life Insurance Corporation of India and he died on 10-12-80. The claim made by the mother of the deceased for payment of the amount under the aforesaid policies taken out by the deceased, after his death, was repudiated or denied by the appellant on the ground that the deceased while filling-up the proposal forms for the policies, was guilty of fraudulent, misrepresentation and suppression of material facts, with regard to his health. The respondent filed a writ petition under Art. 226 of the Constitution before this Court in W.P. No. 16051 of 1984 seeking the following reliefs:-- '(i) Issue direction of writ to the respondents to produce the material on the basisof which the claim of the petitioner made on Policy Nos. 40...
Tag this Judgment!Court : Karnataka
Decided on : Nov-29-1996
Reported in : ILR1997KAR1228
Chidananda Ulial, J. 1. This appeal is directed against the judgment dated 23.8.1991 passed by the Additional Civil Judge and CJM, Mandya, in CO No. 92/ 89 acquitting the respondent/accused. The State has preferred the instant appeal with the leave as against the acquittal.2. The brief facts of the case are as follows:That the respondent/accused being the driver of matador van bearing registration No. CAA 5121 drove the same on M.C. Road near Thobinakere village in a high speed in a rash and negligent manner so as to endanger the human lives and as a result of the same he dashed the matador van to a road side tree caused simple injuries to grievous injuries to many passengers who had traveled in the said matador van and further caused the death of one Marigowda, also a passenger in the matador van, that immediately after the accident, the respondent/accused instead of giving first aid to the injured persons, sped away from the place of accident. That the jurisdictional police had regis...
Tag this Judgment!Court : Karnataka
Decided on : Nov-08-1996
Reported in : ILR1997KAR1704
Harinath Tilhari, J.1. This is a claimant's appeal from the judgment and order (Award) dated 27th September, 1991, delivered by Sri A.C. Patil, Motor Accident Claims Tribunal (District Judge, Uttara Kannada, Karwar) in M.V.C.No. a83 of 1988.2. The Tribunal has awarded the compensation to the tune of Rs. 40,000/-. The claimant felt dissatisfied and therefore has come up in appeal.3. The facts of the case in brief are that the claimant has been the victim of the Motor, vehicle accident that did take place on 18-4-1988 at about 8 p.m. in Vakkaikeri, Binaga Karwar, while he was proceeding to his residence on a bicycle along with his father. According to the claimant's case when the claimant reached Vakkalkeri along the National High way No. 17, on the date and at the time mentioned above, a lorry bearing Registration No. MYE 5778, belonging to respondent No. 2 in the claim petition as well as respondent No. 2 in the memo of appeal, which was being driven by respondent No. 1 Vithal Gouri, w...
Tag this Judgment!Court : Karnataka
Decided on : Jun-04-1996
Reported in : ILR1997KAR1236
ORDERH.L Dattu, J. 1. Petitioner was appointed as Clerk in respondent Bank in October 1967. He was promoted to the post of Head Clerk and later promoted to the post of Officer Grade-II and after vationalisation of posts and pay scales in 1979, he was place in the post of Officer, Junior Management Grade Scale-l. While posted as Officer, Junior Management Grade at Hospet Branch, Hospet, he was served with a charge sheet dated 21st January 1983, containing charges of misconduct as Clerk at Sambra Branch of respondent Bank. It was alleged in the said charge sheet that petitioner did not remit a sum of Rs.800/- handed over to him by Wg.Cdr. Bedded on 27.2.1978 for credit into his account and on 13.3.1978 had made fictitious credit entries in the Pass Book and ledger sheet as on 27.2.1978, by interlineations and had obtained the initials of the Branch Manager by falsely confirming that the petitioner had verified the relative Voucher. This was first charge sheet. Petitioner, while working a...
Tag this Judgment!Court : Karnataka
Decided on : Feb-22-1996
Reported in : AIR1997Kant48; 1997(1)KarLJ665
ORDER1. By this petition the petitioner has prayed that this Hon'ble Court may be pleased to issue the writ in the nature of certiorari, quashing the impugned rules published vide, Notification No. ED 33 TA SE VI 92, dated 10-3-1993, copy of which is Annexure-A to the writ petition and to grant such further reliefs as this Court deems fit.2. Annexure-A to the petition is the notification publishing the Rules made by the Government in exercise of its powers under S. 14(1) of the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984, hereinafter described as the Act 37 of 1984. The petitioner claims himself to be an academician, who have been espousing the cause of the students and alleges that he espouses the cause of students who cannot raise their voice of their own for want of funds or for lack of proper counselling and information. The petitioner has filed this petition as per allegations in para-2, as public interest litigation. Para-2 of the writ petition re...
Tag this Judgment!Court : Karnataka
Decided on : Sep-19-1996
Reported in : 1999(4)KarLJ6
R.P. Sethi, C.J.1. Despite judgments of this Court in Writ Petition No. 7239 of 1983 decided on 30-7-1986, Writ Appeal No. 2159 of 1986, decided on 27-8-1986 and Special Leave Petition No. 12870 of 1985 on 29-4-1987, the appellants herein succeeded in getting the matter re-opened by filing a revision petition under Section 63 of the Bangalore Development Authority Act (hereinafter called 'the Act') which was accepted and disposed of vide Annexure-P dated 27-12-1990. Aggrieved by the aforesaid order passed by the Government of Karnataka the respondent Writ Petitioners preferred Writ Petition Nos. 5490 to 5494 of 1991 and 27338 of 1991 (Thore Salappa and Others v State of Karnataka and Others) in this Court which were allowed vide the judgment of the learned Single Judge impugned in this appeal. Writ Petition Nos. 6446 to 6456 of 1989 filed by the appellants were however dismissed. The action initiated, taken and completed by the authorities with respect to the lands and buildings compri...
Tag this Judgment!Court : Karnataka
Decided on : Nov-05-1996
Reported in : 1997(1)ALT(Cri)578; 1997CriLJ1806; ILR1997KAR129; 1997(2)KarLJ168
1. The appellant before us was the original accused in Sessions Case No. 171/93. He was charged with having committed an offence punishable under Section 302, I.P.C. The charge was that on 21-2-1993 at 8 p.m. on the road in front of Mahadevappa Hundekar's house at Tadaslur Village, that he had assaulted his younger brother Basavaraj with an iron rod which assault ultimately resulted in the death of Basavaraj. The accused was originally arrested for an offence punishable under Section 325, I.P.C. which was thereafter altered to Section 302, I.P.C. after Basavaraj died. On completion to the investigation, the accused was chargesheeted and subsequently, came to be committed for trial to the Court of Sessions. The learned I Addl. Sessions Judge, Belgaum, by his judgment and order D/- 29th December 1994, held the accused guilty of the offence with which he was charged and sentenced him to suffer R.I. for life. The present appeal is directed against that conviction. 2. Briefly stated, the pr...
Tag this Judgment!Court : Karnataka
Decided on : Jul-25-1996
Reported in : II(1998)ACC43; 1998ACJ1389; ILR1997KAR1259; 1997(2)KarLJ559
M.P. Chinnappa, J.1. Being aggrieved by the Judgment and Awards passed by the M.A.C.T. & Dist. Judge, Gulbarga, the appellants have preferred their respective appeals questioning the correctness of the Judgment and the Award in each case.2. The brief facts leading to these 15 appeals are that on 12-5-86 at about 12.15 p.m the K.S.R.T.C. bus bearing No. MYF 6056 was being driven by one Basappa of Humnabad Depot in a rash and negligent manner and in high speed. When the bus was so passing near Channur bridge on Humnabad Chincholi road it turned turtle and the passengers sustained injuries. Therefore, the injured persons lodged claims under Section 110-(A) of the M.V. Act claiming compensation for the injuries sustained by them. One of the persons succumbed to the injuries and therefore, his legal representative lodged a claim claiming compensation for the death of the deceased.3. During the pendency of the case, a Lok Adalat was held in Gulbarga District and all these matters were settle...
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