Karnataka Court September 1984 Judgments
M.P. Jayaraj Vs. State of Karnataka
Court: Karnataka
Decided on: Sep-25-1984
Reported in: ILR1985KAR1013
ORDERK.A. Swami, J.1. In this Petition under Articles 226 and 227 of the Constitution, the Petitioner has sought for issue of a writ in the nature of Mandamus to the Respondents to refer his case to the Advisory Board for the District Prison at , Mysore (here inafter referred to as the 'Advisory Board'), or in thealternative to consider the recommendation of the Advisory Board for his premature release. The Petitioner has also sought for his release on parole. The last prayer does not survive, because the Petitioner has been released once on parole during the pendency of the Writ Petition.2. The Petitioner was one of the five accused in Sessions Case No. 12 of 1977 on the file of the Principal District and Sessions Judge for Metropolitan area, Bangalore. He along with the other accused was convicted for the offences punish-able under Sections 143, 148, 307 read with Section 149 ; and 324 read with Section 149 of the Indian Penal Code, and was sentenced to undergo rigorous imprisonment ...
Tag this Judgment!Honnayya and ors. Vs. Karnataka State Road Transport Corporation and a ...
Court: Karnataka
Decided on: Sep-21-1984
Reported in: ILR1985KAR1390; 1985(1)KarLJ314; (1985)IILLJ487Kant
1. The petitioners, who are ex-employees of the Karnataka State Road Transport Corporation ('Corporation' for short), have presented these petitions questioning the legality of the order terminating the services of each of the petitioners on the ground that they had been made in violation of the mandatory requirements of S. 25-F of the Industrial Disputes Act ('the Act' for short). 2. The facts of the case, in brief, are as follows : The name of each of the petitioners had been included in a list called 'Badli list' prepared by the concerned officers of the Corporation. The list so prepared was for the purpose of utilising their services on days on which regular employees of the Corporation remained absent by taking leave. Accordingly, the petitioners whose names were included in the badli list were being given appointments only on days on which the regular employees were on leave. By each of the orders, impugned in these petitions, the names of the petitioners were deleted from the ba...
Tag this Judgment!East West Hotels Ltd. Vs. Regional Director E.S.i.C.
Court: Karnataka
Decided on: Sep-21-1984
Reported in: ILR1985KAR373; 1985(1)KarLJ162; (1986)ILLJ172Kant
Rajasekhara Murthy J.1. This appeal arises out of order dated 19th September, 1979 passed by the Employees' Insurance Court, Bangalore, on an application filed by the appellant herein, under S. 75(g) of the Employees' State Insurance Act, 1948, (hereinafter referred to as the ESI ACT on ESI Application No. 2/1976. 2. The appellant-company, a hotelier, was called upon by the Respondent to pay contributions from 1st April, 1975 to 27th September, 1975 under the ESI Act in respect of the 82 workmen employment in Hotel East-West, Bangalore. The appellant thereupon filed an application under S. 75(g) of the ESI Act before the ESI Court, Bangalore, seeking a declaration that its establishment, namely, Hotel East-West, Bangalore, is not covered by the provisions of the ESI Act, and that therefore, they are not liable to make the contributions demanded. The ESI Court, by its order dated 19th September, 1979, dismissed the application and held that the appellant is a 'factory' and is bound to p...
Tag this Judgment!M.G. Kulkarni Vs. State of Karnataka
Court: Karnataka
Decided on: Sep-21-1984
Reported in: ILR1985KAR2152; 1984(2)KarLJ341
ORDERPuttaswamy, J.1. As the questions that arise for determination in these cases areinterconnected, I propose to dispose of them by a common order.2. As the petitioners, except those in Writ Petitions Nos. 1838 of 1983 and 10061 to 10066 of 1984, have challenged one and the same notifications, I propose to deal them in one group first and then the other cases thereafter in one group. In the first batch reference to documents will be made to those produced by the petitioners in Writ Petitions Nos. 14656 to 14661 of 1984 as if they are produced in all other cases also.3. The petitioners claim to have interest as owners, sellers or purchasers of different immovable properties situated in the City of Davangere, Chitradurga District. All of them claim to have executed or propose to execute instruments ofconveyance, exchange or gift as the case may be with reference to certain immovable properties situated in that city or its outskirts.4. On 17-8-1981, the Deputy Commissioner, Chitradurga ...
Tag this Judgment!R.K. Seth Vs. Cbci Society for Medical Education and anr.
Court: Karnataka
Decided on: Sep-20-1984
Reported in: ILR1984KAR1320; 1985(1)KarLJ12; (1985)IILLJ41Kant
ORDER1. The petitioners who were members of the teaching staff of St. John's Medical Collage (hereinafter referred to as 'the College'), Bangalore, have inter alia sought for a declaration that the termination of their services was illegal as being violative of the provisions of the Statutes regulation their conditions of services framed by the Bangalore University and for other incidental reliefs. 2. The facts of the case, in brief, as stated by the petitioners are as follows : (i) In WP 10480/81 : The petitioner holds MBBS degree from the Lucknow University and D. Ch. from Conjoint Board of England and M.R.C.P. from the Royal College of Physicians, Edinborough. He was appointed as Member of the teaching staff of the College on 4th June, 1966. The appointment was a permanent one though it had been the practice of the Bangalore University and the constituent colleges of the said University, in view of the provisions contained in S. 48 of the Bangalore University Act, 1964, to make appo...
Tag this Judgment!C.B.C.i. Society Vs. University
Court: Karnataka
Decided on: Sep-20-1984
Reported in: ILR1985KAR855
ORDERRama Jois, J.1. The Petitioners in this Writ Petition have challenged the constitutional validity of several provisions of the Statutes framed by the Bangalore University in exercise of its power under the provisions of the Karnataka State Universities Act, 1976 ('the Act' for short).2. The material averments made in the Petition are as fol-lows: The first Petitioner is a society named Catholic Bishops' Conference of India Society (C.B.C.I. Society) for Medical Education. This is a society registered under the Karnataka Societies Registration Act on 7-2-1961. It is a denominational organisation of the Christians which is a religious minority in this country. The object of the society, inter alia, was to establish a Medical College, as indicated in the Memorandum of Association and the rules annexed thereto (vide Annexure-A). The second Petitioner is St. John's Medical College ('the College' for short) established by the first Petitioner. The third Petitioner is the Dean of the sec...
Tag this Judgment!Achutha H.S. Vs. Chief Engineer (Chakra) and ors.
Court: Karnataka
Decided on: Sep-19-1984
Reported in: 1985(2)KarLJ44; (1985)IILLJ481Kant
ORDER1. The petitioner was at the relevant time Assistant Security Guard working at Malali Village, Chakranagar Post in Shimoga District. He was served with a memo directing his suspension pending initiation of disciplinary proceedings against him for his involvement in the theft of Corrugated Galvanized Iron Sheets of the Karnataka Power Corporation (hereinafter referred to as the Corporation). That suspension was followed by a charge sheet dated 17th October, 1981 calling upon him to explain. Thereafter, a formal memo of charges was issued by the Enquiry Officer. Then the Enquiry Officer was changed and a new Enquiry Officer appointed on the objections raised by the petitioner. The enquiry was conducted. The petitioner was found guilty and his disciplinary authority, namely, the Chief Engineer-Corporation, the 1st respondent herein, dismissed the petitioner from service as per order dated 2nd September, 1982 which is impugned in this writ petition. It is needless to notice several of...
Tag this Judgment!United India Fire and General Insurance Co. Ltd. Vs. U.E. Prasad and o ...
Court: Karnataka
Decided on: Sep-18-1984
Reported in: [1986]60CompCas409(Kar)
G.N. Sabhahit, J. 1. This appeal by the insurer of the auto is directed against the judgment and award dated June 1, 1978, made by the Claims Tribunal, Bangalore City, in M.C. No. 67 of 1975 on its file awarding compensation of Rs. 8,684 from respondents Nos. 1 and 3 to 6 in the petition along with interest and costs. 2. The learned counsel appearing for the appellant submitted that since the Tribunal held that the drivers of both the auto and car were responsible for causing the accident, the Tribunal ought to have apportioned the liability between the two vehicles. He contended that the insurance company which has insured the auto could not be made liable to pay the entire compensation jointly and severally along with the other respondents. This submission was repelled by the learned counsel appearing for the claimant. He submitted that the accident was the result of composite negligence and not contributory negligence. The person who was injured was a passenger in the auto. The evid...
Tag this Judgment!Regional Director, E.S.i. Corporation Vs. Fibre Mangalore (P) Ltd.
Court: Karnataka
Decided on: Sep-18-1984
Reported in: ILR1985KAR390; (1986)ILLJ216Kant
Sabhahit, J.1. This appeal by the Regional Director, E.S.I. Corporation, Bangalore, is directed against the order date 2nd February, 1980 made by the E.S.I. court in E.S.I. Application No. 3 of 1976 on its file, allowing the application and declaring that the establishment is covered by the E.S.I. Act, 1948 from 1st August, 1974 only and no amount of contribution is payable or recoverable from the applicant by way of contribution till that period. 2. The E.S.I. Corporation averred that when the Inspector went for inspection, he found that there were nearly 25 persons working in the factory and hence the factory was liable to pay the contribution from 12th January, 1983. This was resisted by the factory on the contention that 11 of them were regular employees and 14 persons were mere trainees or apprentice. Thereafter, the employer made an application before the E.S.I. Court at No. 3/76 for a declaration that the factory is covered only from 1st August, 1974 for the purpose of contribut...
Tag this Judgment!United India Fire and General Insurance Co. Ltd. Vs. U.E. Prasad and o ...
Court: Karnataka
Decided on: Sep-18-1984
Reported in: I(1985)ACC250; [1986]60CompCas700a(Kar)
Sabhahit, J.1. This appeal by the Insurer of the Auto is directed against the judgment and award dated First day of June 1978 made by the Claims Tribunal Bangalore City in M.C. No. 67/75 on its file awarding compensation of Rs. 8684/- from respondents 1 and 3 to 6 in the petition along with interest and costs.2. The learned Counsel appearing for the appellant submitted that since the Tribunal held that both the drivers of the Auto and car were responsible for causing the accident, the Tribunal ought to have apportioned the liability between the two vehicles. He contended that the Insurance Company of the Auto could not be made liable to pay the entire compensation jointly and severally along with the other respondents. This submission was repealed by the learned Counsel appearing for the claimant. He submitted that the accident was the result of composite negligence and not contributory negligence. The person who was injured was a passenger in the Auto. The evidence of the petitioner s...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »