Court : Karnataka
Decided on : Apr-01-2003
Reported in : AIR2003Kant357; I(2004)DMC118; ILR2003KAR1852; 2003(3)KarLJ247
D.V. Shylendra Kumar, J.1. This appeal under Section 28 of the Hindu Marriage Act is by the husband who had preferred M.C. No. 126 of 1996 before the Court of II Additional Civil Judge at Mysore praying for a decree of divorce in his favour as against the respondent-wife and for dissolution of their marriage which had been solemnised on 26-5-1991 on the ground of cruelty on the part of the wife and also on the ground that the respondent-wife is a person suffering from schizophrenia and the mental disorder which she suffers intermittently was of such kind and to such an extent that the petitioner cannot be reasonably expected to live with the respondent. 2. The Trial Court which looked into the petition having not agreed with the petitioner and having declined to grant the relief, the husband is in appeal before us. 3. Brief facts leading to the petition and the appeal are that the parties who follow Hindu customs and rituals became husband and wife as per the marriage performed in acco...
Tag this Judgment!Court : Karnataka
Decided on : Oct-23-2003
Reported in : ILR2004KAR1182
S.R. Nayak, J All these writ appeals are directed against the common judgment and Order dated 28th December, 2001 passed in W.P.Nos. 32531 of 2001; 27812 of 2001 and 28198 of 2001;, WA.Nos. 669 and 671 of 2002 are filed by the fifth respondent in W.P.No. 32531 of 2001; W.A Nos. 336-338 of 2002 by Respondent No. 15 in W.P.No. 32531 of '2001; WA No. 318 of 2002; W.A Nos. 665 and 666 of 2002 are by Respondent Nos. 20, 17 and 16 in W.P.No. 32531 of 2001 respectively; W.A No. 674 and 675 of 2002 by Respondent No. 7 and 8 respectively; W.A.No. 744 of 2002 by Respondent No. 10 in W.P.No. 32531 of 2002. The dispute brought before the Court relates to selection and appointment to the posts of Assistant Professor in Cardiology and Cardio-Thoracic Surgery.2. The facts of the case in brief may be noted first and they are as follows: The Jayadeva Institute of Cardiology (hereinafter referred to as 'the Institute') established in Bangalore is said to be a premier Institute in the field and it was es...
Tag this Judgment!Court : Karnataka
Decided on : Aug-06-2003
Reported in : ILR2003KAR4678
Nayak, J.1. What arises for decision in these Writ Appeals and Writ Petition is the validity of the proposal/action of the Karnataka Electricity Board (for short 'the Board') in erecting high tension line over the lands of the appellants for supply of additional power-500 KVA to M/s.Widia (India) Limited (for short 'the Widia'). The above action of the Board was assailed by the writ petitioners on the grounds that the same was contrary to the provisions of the Indian Electricity Act, 1910 the Electricity Supply Act, 1948 (for short, 'the Supply Act') and the Rules framed thereunder, Section 76M of the Karnataka Town and Country Planning Act, 1961, (for short, 'the Planning Act') and Condition 1(a) of the Work Order dated 27.05.1994. A learned Single Judge of this Court without finding any merit in the above contentions raised by the Writ Petitioners, by his common order dated the 5th day of April 1999, has dismissed the Writ Petitions.2. The events leading to filing of the Writ Petitio...
Tag this Judgment!Court : Karnataka
Decided on : Apr-11-2003
Reported in : I(2004)ACC111; 2005ACJ1534; ILR2003KAR2228; 2003(4)KarLJ291
Rajendraprasad, J.1. This Miscellaneous First Appeal by the Insurance Company is directed against the judgment and award dated 26.12.2000 passed in M.V.C. No. 717 /1992 on the file of the I Addl. Civil Judge (Sr. Dn.) & MACT-IV, Bangalore Rural District, Bangalore, questioning the legality and validity of the judgment impugned, particularly regarding fastening of liability on it.2. Sri P.B. Raju, learned Counsel for appellant, strenuously contended that the material on record clearly shows that the judgment and award of the Trial Court is illegal and invalid so far as fastening of liability on the Insurance Co. is concerned. The material on record also shows that as on the date of accident, patently, the driver of the vehicle in question did not possess valid Driving Licence and during pendency of the claim petition, the owner of the vehicle died and L.Rs. of the owner had not been brought on record. The learned Counsel relied upon the following decision is support of his contentions:1...
Tag this Judgment!Court : Karnataka
Decided on : Jul-25-2003
Reported in : 2003(5)KarLJ379
ORDERA.V. Srinivasa Reddy, J.1. Aggrieved by the dismissal of the petition filed by her for eviction of the tenant under Section 21(1)(h) of the Karnataka Rent Control Act, 1961 ('the repealed Act' for short), the petitioner-landlord has preferred this revision under Section 50 of the repealed Act. 2. The facts as pleaded by the petitioner in support of her case for eviction of the tenant, briefly stated, are: The petitioner is the owner of the petition premises which is rented out to the respondent-tenant on a monthly rental of Rs. 3,250A. She along with her husband are residents of Thippanahalli Estate, Chickmagalur. Her husband is one of the Directors of Ankush Builders Private Limited and office is situated at No. 15, Siddiah Road, Bangalore. The said company is engaged in the business of constructions and he being the promoter of the company is often required to be present at Bangalore. The wet weather in Chickmagalur does not suit her and she is suffering from bronchitis and ofte...
Tag this Judgment!Court : Karnataka
Decided on : Mar-20-2003
Reported in : [2003]262ITR135(KAR); [2003]262ITR135(Karn)
S.R. Nayak, J. 1. The assessee feeling aggrieved by the order of the learned single judge of this court, dated January 22, 1999, in Writ Petition No. 43139 of 1993 has preferred this writ appeal.2. The facts in brief are :3. The appellant who claims to be a civil contractor declared a total income of Rs. 86,810 in his return of income filed on February 6, 1992, for the assessment year 1991-92. The return was accompanied by a profit and loss account, balance-sheet, statement of tax deducted at source, etc. The assessing authority in intimation under Section 143(1)(a) of the Income-tax Act, 1961 (for short, 'the Act'), computed the total income of the appellant-assesses at Rs. 5,21,760, as, while processing the return, he found that the assessee had short-totaled the gross bills received from the Karnataka Housing Board (K. H. B). Consequently, the assessing authority added the difference (Rs. 27,55,383 minus 23,20,428) of Rs. 4,34,955 to the income declared by the appellant.4. Aggrieved...
Tag this Judgment!Court : Karnataka
Decided on : Jun-03-2003
Reported in : 2003(5)KarLJ26; (2003)IIILLJ861Kant
1. A learned Single Judge of this Court by a common order impugned in these writ appeals has allowed writ petitions filed by management of Beedi Manufacturing Industries and quashed notification dated 24-10-1996 issued by the Government of Karnataka under Sections 3 and 5 of the Minimum Wages Act, 1948 (for short, 'the Act') revising the rates of minimum wage in the Beedi Manufacturing Industries. Being aggrieved by the said judgment of the learned Single Judge, the State of Karnataka and the concerned Trade Unions representing the workforce in the Beedi Manufacturing Industries have filed these writ appeals.2. Beedi industries is spread throughout the State of Karnataka and the employees in the said industry number more than 8 lakhs. Employment in Beedi Manufacturing Industries is a scheduled employment as per the provisions of the Act. Under Section 3 of the Act, the appropriate Government is empowered to fix and revise minimum wages in the scheduled employment. This is an obligation...
Tag this Judgment!Court : Karnataka
Decided on : Nov-20-2003
Reported in : AIR2004Kant177; ILR2004KAR277
ORDERRangavittalachar, J 1. The Election Petitioner has filed this petition under Section 83 of the Representation of People Act, 1951 to declare the election of the 1st respondent to the Council of State as void and for a further declaration that the petitioner should be declared as the elected candidate in place of the 1st respondent.2. The Election Commission of India by a notification dated 7.3.2002, notified the number of seats to be filled up to the Rajya Sabha from the Council of States including from the State of Karnataka. As per the calender of events published, the last date for filing nomination papers was 14.3.2003, the scrutiny of the nomination papers was to be held on 15.3.2002, the last date for withdrawal of nomination was 18.3.2002 and the date of the elections was on 27.3.2002. The election petitioner herein and the 1st respondent filed their nominations to be elected as Rajya Sabha members from the State of Karnataka. When the nomination papers were taken up for sc...
Tag this Judgment!Court : Karnataka
Decided on : Feb-17-2003
Reported in : (2003)180CTR(Kar)412; [2003]261ITR15(KAR); [2003]261ITR15(Karn)
P. Vishwanatha Shetty, J.1. Since, in all these petitions common questions have been raised and arose for consideration, all these petitions along with a few other connected petitions were taken up for hearing together.2. The petitioner in Writ Petition No. 7405 of 2002 and Writ Petitions Nos. 8891 to 9021 of 2002 is the BHEL Employees' Association which is a registered trade union under the Indian Trade Unions Act, 1926 (hereinafter referred to as 'the Trade Unions Act'). It is claimed by the petitioner in the said petitions that the petitioner-association represents the interest of the workmen numbering around 1,100 employed in the Electronics Division of the Bharat Heavy Electricals Ltd. (hereinafter referred to as 'the BHEL') ; and these petitions have been filed by the association on behalf of the members who are residing in the BHEL quarters and also in the colony belonging to the BHEL.3. The first petitioner in Writ Petition No. 7205 of 2002 is Bharat Earth Movers Officers' Guil...
Tag this Judgment!Court : Karnataka
Decided on : Nov-27-2003
Reported in : AIR2004Kant261
Ram Mohan Reddy, J.1. The defendant husband, being directed to pay maintenance at Rs. 1,300/- p.m. to the plaintiff-wife by the Court of the Judge, Family Court, Raichur (for short the 'Family Court') by Judgment and order dated 11-3-2003 passed in O.S. No. 11/02, has preferred this appeal under Section 19(1) of the Family Courts Act, 1984 (for short the 'Act').2. The facts, in brief, as stated in the plaint and set out in the impugned Judgment are as under :The parties are legally wedded, the marriage having taken place on 26-4-1987 at village Talmari, District Raichur, in accordance with the customs prevailing in their community. At the time of marriage, the parents of the plaintiff-wife are said to have paid a sum of Rs. 80,000/- in cash, five tolas of gold and other costly household articles to the defendant. Subsequently, the defendant husband is said to have extracted some more money from the parents of the plaintiff-wife on the pretext of purchasing plots/houses at Kulsumbi colo...
Tag this Judgment!