The Hindu : Karnataka News : Plea to fill vacancies in Law Board quashed

Online edition of India's National Newspaper
Wednesday, Oct 06, 2004

Karnataka

Karnataka

Plea to fill vacancies in Law Board quashed

By Our Staff Reporter

BANGALORE, OCT. 5. The Karnataka High Court on Tuesday dismissed a petition seeking a direction to the Union Government to either fill vacancies in the Company Law Board (CLB) or extend the tenure of its members.

The petitioner, B.C. Thiruvengadam, said that the CLB was constituted to deal with issues relating to shares, debentures, non-banking financial companies and other issues relating to company affairs. Some time ago, the Union Government decided to do away with the CLB and instead constitute a National Company Law Tribunal.

The Union Government passed the Company Amendment Act, 2002, dissolving the CLB and setting up the tribunal. However, the tribunal could not be constituted as the matter was pending before the Supreme Court.

The petitioner said that the delay in constituting the tribunal had led to the neglect of the CLB. The CLB comprised nine members, including the chairman. Now, the CLB now had only three members and the six vacancies had not been filled up.

A Division Bench comprising the Chief Justice, N.K. Jain, and Justice V.G. Sabhahit dismissed the petition.

Remitted

Justice A.C. Kabbin on Tuesday remitted to the Sessions Court a petition by a resident of Dharwad challenging the reopening of a case.

The petitioner, Basavaraj Gundappa Maligeri, said that a complaint was registered against him on November 11, 1995 stating that he had amassed assets disproportionate to his known sources of income. The petitioner was in service in the Public Works Department (PWD) between 1963 and 1996.

The petitioner said proceedings were initiated against him. On July 25, 2000 the High Court quashed the proceedings. The State then filed an appeal and it allowed in 2003.

Meanwhile, the Lokayukta had filed a "B" report stating that there was lack of material to proceed against the petitioner. The Sessions court accepted the "B" report and the case was closed.

Sometime ago, an application was filed in the Sessions Court to reopen the case and criminal proceedings were initiated against the petitioner. The date of the trial was also fixed.

The petitioner challenged the reopening of a case and said it was illegal and bad in law. He urged the court to quash the reopening of the case.

Justice A.C. Kabbin remitted the case to the Sessions Court.

Adjourned

Justice H.L. Dattu on Tuesday adjourned further hearing of a petition by a film exhibitor from Bellary challenging the decision of the district authorities in not permitting the screening of non-Kannada films.

The petitioner, G. Sainath, said he had obtained the rights to distribute a Telugu film, Shankar Dada MBBS for Bellary city and Bellary district. However, the Tahsildar had asked him not to screen non-Kannada films.

He said he had paid Rs. 3 lakhs for exhibiting the film. He said the exhibition of films depended on the market forces and not on any other issue.

An exhibitor would screen only those films that the people demanded. The Government, therefore, had no powers to ban the screening of non-Kannada films.

In his affidavit, the Bellary Deputy Commissioner said that there was no oral or written directive from either him or the Tahsildar on the ban on non-Kannada films.

Dismissed

The High Court on Monday dismissed writ appeals by the Deodurga Hobli Seva Sahakara Sangha of Deodurga taluk, Raichur district, and others challenging the order of a single judge in upholding the ban on toddy tapping in Raichur and Gulbarga districts.

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