Court : Karnataka
Reported in : ILR2005KAR1110; 2005(2)KarLJ191
ORDERV. Gopala Gowda, J. 1. I.A.I/2004 filed by the elected members of Uppinangady Gram Panchayat and who have tendered resignations, is allowed as they are necessary and proper parties as their resignations are not considered and accepted in accordance with law.2. The petitioners are the duty elected members of 2nd respondent Gram Panchayat. They have filed these Writ Petitions seeking to quash the impugned order at Annexure-A dated 26-10-2004 passed by the first respondent dissolving the Gram Panchayat and appointing Administrator on the ground that out of 16 members, 11 members have tendered resignation.3. In paragraph 4 of the Writ Petitions it is stated that the resignation letters were dated 4-9-2004 and the President of Gram Panchayat accepted the same on 18-9-2004. It is further stated that the President tendered her resignation on 10-9-2004 itself and the same has been accepted by the Asst. Commissioner under Annexure-D dated 20-9-2004.4. The impugned order cannot be sustained...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(1)Raj682; 2005(1)WLC548
N.N. Mathur, J.1. Thousands of teachers by way of instant bunch of Writ petitions, as mentioned in Schedule appended to each petition, have challenged the Constitutional validity of the Rajasthan Panchayati Raj (Amendment) Ordinance, 2004 and Rajasthan Panchayati Raj (Amendment) Rules, 2004 providing for selection of Teachers Gr.III by the Public Service Commission and have prayed for restoring the autonomy to the Panchayati Raj Institutions in the matter of selection & appointment of primary school teachers. Petitioner-teachers have also prayed for restoration of the Notification dated 14.7.2003 providing to fill-up the posts of Teacher Gr.III to the extent of 75% from Para Teachers/Shiksha Sahyogi and 25% from the open market. It is further prayed that their services be regularized as Teacher Gr.III, who have been in continuous service for a considerable time as Para Teacher/Shiksha Sahyogi.BACKGROUND FACTS:2. The factual matrix in juxtaposition with the relevant rules may be set out...
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR1268; 2005(2)KarLJ100
ORDERR. Gururajan, J.1. Guthyappa S/o. Late Kolla is challenging the order of the Land Tribunal, dated 28-12-2001 passed in KLR (TGP) AHD 22 of 1976-77 (Annexure-F) in the following circumstances.2. Petitioner-tenant belongs to poor ST community. His father late Kolla was a tenant in respect of the suit land under the 3rd respondent. 3rd respondent was the landlord. Petitioner's father filed Form 7 seeking occupancy rights in respect of the suit lands. An order was passed rejecting the application filed by the father of the petitioner. Writ petition was filed in this Court in W.P. No. 19329 of 1985. This Court in the light of the constitution of the Appellate Authority transferred the same to the Appellate Authority. The Appellate Authority was abolished and the matter was re-transferred to this Court. Again, the matter was converted as writ petition and the converted proceedings are numbered as W.P. No. 15013 of 1993. This Court after hearing, allowed the writ petition in terms of an ...
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR2210; [2006]144STC59(Kar)
H.L. Dattu, J.1. The appellant is a public limited company engaged in the manufacture and supply of Automated Teller Machines (ATM's for short). In view of the configuration and for the purpose for which is put to use, the appellant company is of the view that the sale of ATM's is eligible to single point levy of tax under Sec 5(3)(a) of the Karnataka Sales Tax Act, 1957 (hereinafter for the sake of brevity referred to as 'Act, 1957'). However, in order to have the views of the department in this regard, in particular, the Advance Ruling Authority constituted by the Commissioner of Commercial Taxes in exercise of his powers under Section 4 of the Act, the appellant company had filed an application before the Advance Ruling Authority in Form 54 as provided under Rule 27-E (1) of the Karnataka Sales Tax Rules, 1957 ('Rules' for short), seeking clarification on the rate of tax applicable under the Act on sale of Automated Teller Machines.2. In response to the notice of the hearing issued ...
Tag this Judgment!Court : Karnataka
Reported in : 2005(3)KarLJ559; (2005)IILLJ924Kant
ORDERR. Gururajan, J.1. This petition is filed by the management of Woodlands Hotels Private Limited, challenging the order dated 30-6-2004 passed by the Industrial Tribunal, in I.A. No. 10 in I.D. No. 101 of 1999.2. Facts in brief are as under:Petitioner is a company incorporated under the provisions of the Companies Act and is engaged in the business of Lodging and Boarding. The respondent-union served charter of demand on the petitioner in terms of Annexure-B. The conciliation failed. The State referred the charter of demands for adjudication to the Industrial Tribunal, Bangalore. The said dispute is pending adjudication in I.D. No. 101 of 1999. During the pendency of the dispute majority of the petitioner's workmen resigned from the membership of the respondent-union and joined another new general union called KTUC Union. The workmen of the petitioner after joining the KTUC Union submitted similar charter of demands in terms of Annexure-E. Petitioner filed an application before the...
Tag this Judgment!Court : Kerala
Reported in : 2005(1)KLT848
K.S. Radhakrishnan, J.1. Whether reservation of the office of the President of a Grama Panchayat exclusi vely to woman belonging to Scheduled Caste/Scheduled Tribe community under the second proviso to Section 153(4)(d) of the Kerala Panchayat Raj Act is constitutionally valid, is the question that has come up for consideration in this case.2. Appellants-petitioners, who are members of Vadavucode Puthencruz Grama Panchayat submit that reservation of the office of President of the Grama Panchayat exclusively to women belonging to Scheduled Caste/Scheduled Tribe community is opposed to Article 14 of the Constitution of India and also would override the provisions of Article 243D of the Constitution of India. Further they also maintain the stand that the second proviso to Section 153(4)(d) is liable to be struck down as ultra vires the Constitution on the ground that such a reservation would amount to 100% reservation offending the principles of democracy.3. Facts and Pleadings:Appellants...
Tag this Judgment!Court : Karnataka
Reported in : 2005(3)KarLJ370
ORDERV. Gopala Gowda, J.1. Since this writ petition can be disposed of at the preliminary hearing stage itself, Sri H.B. Narayan, learned High Court Government Pleader is directed to take notice on behalf of respondents 1, 3 and 4 and Sri K.N. Phanindra to take notice on behalf of 2nd respondent.2. Heard the learned Counsels for the parties.3. The petitioner is the Adhyaksha of Harugeri Gram Panchayat. He is seeking a prohibition to declare election to the said Gram Panchayat until his tenure is over. According to the petitioner, he has got another 6 months tenure of office.4. The prohibition sought for by the petitioner cannot be granted. Declaration of election is not made. In paragraph 5 of the writ petition the petitioner has stated as under:'The petitioner apprehends and also reliable learnt that by the end of December 2004 a process of preliminary preparation for declaring the election to the said Panchayat is directed to be completed and thereafter very soon the necessary electi...
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR1405; 2005(2)KarLJ449
ORDERV. Gopala Gowda, J.1. Since this Writ Petition can be disposed of at the preliminary hearing stage itself, Sri H.B. Narayan, learned High Court Govt. Pleader is directed to take notice on behalf of respondents 1 and 3 and Sri K.N. Phanindra to take notice for R-2.2. Heard the learned Counsel for the parties.3. The nomination paper of the petitioner is rejected on the ground that she is working as a cook under the Scheme called 'Bisi Oota'(Hot Food) of the Government of Karnataka, which is profitable post as per the clarification made by the State Election Commission under Annexure-C. The clarification so made is based on the Letter dated 28.6.2004 of the Government that the staff working under the aforesaid Scheme are disqualified to contest in the election. The second ground mentioned in Annexure-A is that the petitioner has suppressed the fact of her working under the Scheme both in the nomination paper of the declaration.4. The nomination paper is not rejected on the grounds me...
Tag this Judgment!Court : Karnataka
Reported in : 2005(3)KarLJ550
ORDERR. Gururajan, J.1. The petitioner, Vijayakumar is challenging an order at Annexure-E, dated 25-5-1998 passed by the Court-Martial, Secunderabad in the case on hand. The petitioner was a Gunner in 7 field Regiment (Gazzala), Secunderabad. He was posted as Mess Waiter. The petitioner according to the respondent struck with a meat chopping knife on the head of Captain Rajesh Masurkar. A charge-sheet was issued to him. He was charged for using criminal force to his superior in terms of Section 40(a) of the Army Act.1.1 He was punished with the sentence of RI for 28 days with effect from 21-4-1998 to 18-5-1998. On 25-5-1998. The petitioner states that he was not in a position to defend himself on account of his conviction in the matter. On 25-5-1998, statement was taken from the petitioner and the petitioner pleaded guilty in the matter. He was just released from the prison on 18-5-1998. He did not know on what charges he had been convicted. He appointed his friend and that friend did ...
Tag this Judgment!Court : Mumbai
Reported in : 2006ACJ1824; 2005(2)MhLj939
S.T. Kharche, J.1. This criminal revision is directed against the judgment and order dated 13-12-2001 passed by the learned 2nd Ad-hoc Additional Sessions Judge in Criminal Appeal No. 53/94, whereby the appeal has been dismissed and the judgment and order of conviction passed by the learned Judicial Magistrate, First Class on 13-4-1994 in Regular Criminal Case No. 28/91 (New No. 422/91) convicting the petitioner-accused for the offence punishable under Section 304-A of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for one year and to pay fine of Rs. 2,000/- in default, to undergo further rigorous imprisonment for two months, has been confirmed.2. Brief facts are required to be stated as under :(A) The motor vehicle i.e. the truck bearing No. MHG-4385 was hired by Vasanta (PW 2) for transportation of paddy. On 6-1-1991 at about 6.00 p.m. the said truck was loaded with 100 to 125 gunny bags of paddy at village Dongargaon. The petitioner-accused was the driver ...
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