The Hindu : Karnataka / Bangalore News : Registrar of Companies' petition dismissed

Online edition of India's National Newspaper
Thursday, Apr 13, 2006

Karnataka

Karnataka - Bangalore

Registrar of Companies' petition dismissed

Staff Reporter

HIGH COURTROUND-UP He accused Fairgrowth Agencies Limited of violating provisions of the Companies Act

BANGALORE: The Karnataka High Court on Wednesday dismissed a petition by the Registrar of Companies against Fairgrowth Agencies Limited.

The Registrar had filed a criminal case against the company for contravening provisions of the Companies Act. He had said that the company had violated the norms by printing and issuing share certificates without obtaining the permission of the board of directors.

The Registrar had suspected some scandal and filed a case in the Special Court for Economic Offences. The court had dismissed the complaint.

He then moved the High Court against the May 18, 2000, order of the Special Court. The company argued that the complaint was time-barred.

Dismissing the Registrar's petition, Justice A.C. Kabbin said that although the complaints were not time-barred, the company had been wound up in February, 2006, following a High Court order.

Acquittal confirmed

Justice K. Sreedhar Rao has confirmed the acquittal by a District and Sessions Court of the ward boy of a Government hospital at Korategere in Tumkur district. The State had appealed against the August 11, 1999 order of the Tumkur District and Sessions Court acquitting Syed Asim.

According to the State, Syed had administered an injection to Lakkamma when she was admitted to Government hospital. She died a short while after he was administered the injection. A case under Section 304 of the Indian Penal Code was booked against Syed. The sessions court had acquitted Syed and the State had appealed against it.

Dismissing the appeal, Justice Sreedhar Rao said the post-mortem report did not say that the death was owing to the injection. He said it was not uncommon in Government hospitals for sub para-medical staff to treat patients in the absence of doctors. They not only give injections, but also clean wounds and apply first aid, he said

Justice Sreedhar Rao said it was to be noted that ward boys also attended post-mortem proceedings. They acquire efficiency on account of practical experience and were themselves capable of conducting post mortem proceedings, he said.

In this case, he said, it could not be said that the ward boy had an intention to cause death or that he had the knowledge that he would cause death. He said there was no evidence that the death was owing to administering the injection.

The appeal was declared untenable and dismissed. The order of the lower court has been upheld.

Case against BDA

A resident of Bangalore has petitioned the court against the Bangalore Development Authority (BDA) seeking to quash its notification on auction of a site in Kuvempunagar in B.T.M. Layout. The petitioner, Purushottam, said he belonged to the weaker section of society and that he was in possession of a 30x20 site in B.T.M. Layout for the past few years. When he soughtto get the site registered in his name, the BDA asked him to furnish the title deeds.

Mr. Purushottam said he was given the site as it was given to others in the locality under the category of "weaker sections of society" during a free site distribution programme. The BDA wanted to auction the site.

On May 6, 2004, Purushottam gave a representation to the BDA urging it to give him the title deeds.

But the BDA said it could not allot the site to him as it did not belong to him. Justice Manjula Chellur permitted the auction to go on but stayed the sale proceedings.

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