Karnataka Court November 1985 Judgments

Nanjappa Vs. Management of Sri Krishnarajendra Mills

Court: Karnataka

Reported in: [1986(52)FLR699]; ILR1987KAR536

Bopanna, J.1. This petitioners have challenged the correctness of the award made by the Labour Court, Bangalore, upholding the action taken by the 1st respondent-management by retiring them on their completion of 40 years' service on the ground that such retirement was permitted by the Standing Orders in force which governed the service conditions of the workmen and certification of such Standing Orders was within the jurisdiction of the Certifying Officer who certified the said orders under the relevant provisions of the Industrial Employment (Standing Orders) Act, 1946 (for short 'the Act').2. The Certified Standing Order which governed the retirement age of the petitioners reads as under:'An operative will be retired from the employment in the company when he completes 60 years of age or 40 years of continuous service whichever occurs earlier.'It is not in dispute that the petitioners had not completed 60 years of age on the date they were retired but they had completed 40 years of ...

Parijanashram Swamiji Vs. Kailaje

Court: Karnataka

Reported in: ILR1986KAR417

ORDERKudoor, J.1. This Revision Petition is by the accused in C.C. No. 5199.84 on the file of the Chief Metropolitan Magistrate, Bangalore City. It is directed against the order dated 18-8-1984 passed by the chief Metropolitan Magistrate, Bangalore City, directing issue of process to the accused for offences punishable under Sections 409, 420 and 465 I.P.C.2. The matter arises in this way :The respondents in this revision, who will be hereinafter referred to as the complainant's, have filed a complaint before that Malleswaram Police against all these accused alleging the during the period between 1979 and 1980, the 1st accused, the ex-Matadhipathi of Chitrapur Mutt and Ex-officio Chairman of the Board of Trustees of Sree Pandurangaswami Ashrama Trust along with the other accused committed breach of trust by misappropriating the gold and silver articles of the Trust worth about Rs. 8 to 10 lakhs. On the basis of the complaint filed by them, the Malleswaram Police, registered a case in C...

Management of Motor Industries Co., Ltd. Vs. Presiding Officer

Court: Karnataka

Reported in: ILR1987KAR507; 1987(2)KarLJ110

Bopanna, J. 1. The petitioner-Management has challenged the correctness of the award made by the Labour Court', Bangalore in Ref. No. 35/79 holding that the order of termination passed against the 2nd respondent-workman ('the workman' for short) is violative of Section 25F of the Industrial Disputes Act ('the Act' for short) and the provisions of Section 73 of the Employees' State Insurance Act and therefore, be was entitled to be reinstated with continuity of service and back wages.The facts are not in serious controversy. The workman was employed as an Operator under the petitioner-Management since about 1963 and his services were terminated by an order dated 19-5-1973 while he was receiving sickness benefit from the ESI Hospital under the Employees' State Insurance Regulations. The workman on his own showing was suffering from kidney and gastric aliments and therefore, he was taking treatment in the Chamarajpet ESI Dispensary from 12-11-1972 to 19-5-1973 for the said ailments. It is...

Hegde and Golay Limited Vs. State Bank of India

Court: Karnataka

Reported in: ILR1987KAR2673

ORDERVenkatachaliah, J.1. This appeal is by Hegde and Golay Limited ('Company'), a company incorporated under the Companies Act, 1956, (the 'Act') and is directed against the order dated 26-7-1985 made by Bopanna, J., allowing a Creditor's winding-up petition brought by the State Bank of India (the 'Bank') and ordering the winding-up of the Company on grounds that the Company is unable to pay its debts within the meaning of Section 433(e) of the Act and that it is also otherwise 'Just and Equitable' that the Company be wound-up.The Bank claimed that as on 31-3-1980 a sum of Rs. 2,93,62,036 09 (exclusive of interest accruing subsequent to 1-4-1980) stood due and owing by the Company and that the Company was in fact, and must also be deemed to be, unable to pay its debts ; and that in view of the several circumstances alleged by the Bank it was also, otherwise, just and equitable that the Company be wound-up.This creditor's winding-up petition which was the unfortunate culmination of a g...

Hemant Kumar W.A. Vs. University of Agricultural Sciences, Gkvk, Banga ...

Court: Karnataka

Reported in: AIR1985Kant278; 1985(1)KarLJ377

ORDER1. The petitioner who was an applicant seeking selection for admission to the Bachelor of Veterinary Science (B. V. Se., in short) degree course in the University of Agricultural Sciences, Bangalore, has presented this writ petition questioning the Constitutional validity of the Rules of Selection and also sought for the issue of a writ of mandamus directing the University to give admission to him to the said course during the current academic year.2. The facts of the case in brief are as follows :The petitioner passed the Pre-University Examination held by the Board of Pre-University Education of this State securing 63% of marks in the optional subjects. During the current academic year he submitted his application to the first respondent-University seeking selection for admission to the B.V.Sc., course. In the application the petitioner also claimed to be selected against one of the seats reserved for Defence Personnel, as the father of the petitioner is a Subedar, Major in the ...

Muddebihal Housing Co-operative Society Vs. State of Karnataka

Court: Karnataka

Reported in: ILR1986KAR2291

ORDERK.A. Swami, J.1. This Petition is filed by the Muddebihal Housing Cooperative Society Ltd, Muddebihal, under Articles 226 and 227 of the Constitution of India for quashing the order dated 17-10-1985 passed by the State Government in No. RDC 131 CAP 82 produced as Annexure-E. The Petitioner has also sought for a direction to the 3rd respondent to hand over books and records seized by him on 1-2-1982 as per Annexure 'H'.2. By the order dated 29-1-1982 bearing No. D/SSN/CR. 8/81-82, the Deputy Registrar of Co-operative Societies, Bijapur, superseded the Managing Committee of the petitioner-Society in exercise of the power under Section 30 of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as 'the Act') and appointed an Administrator for a period of one year. The 3rd respondent was appointed as the Administrator. There was an appeal filed by the Petitioner-Society. No member of the Managing Committee -in the instant case the Board of Directors-has challenged th...

Rama Bai @ Meenakshi Vs. Mukunda Kamath

Court: Karnataka

Reported in: II(1986)ACC455; ILR1986KAR48

Kulkarni, J.1. M.F.A. 1736/83 by respondent No. 1 (in the lower court) is directed against the judgment and award dated 21-6-83 passed by the Motor Accidents Claims Tribunal, Man galore in M. C. (M. V. C.) 155/80 awarding a compensation of Rs. 67.000/-The claimant in M V.C 155/80 being dissatisfied with the quantum of the compensation, has preferred M.F.A. 22/84.2. The Petitioner-claimant was working as a sub postmaster in Udupi on a gross salary of Rs. 901/- per month. On 13-4-80 the claimant after finishing his work in Mangalore was going to Udupi in the bus bearing No. MEG 4458 belonging to respondent No. 1-Smt. Rama Bai. The claimant was seated in the third row on the right side. When the bus reached Padapanambur, a lorry bearing No MEG 6280 belonging to respondent No. 3-Robert D'Souza and driven by Shekar Poojari came at a great speed and without giving any signal or horn from the opposite direction i.e. from Udupi direction to Mangalore. When the bus and the lorry were crossing e...

Karnataka State Co-operative Marketing Federation Ltd. Vs. Boralingu

Court: Karnataka

ORDERK.A. Swami, J.1. In this petition, under Articles 226 and 227 of the Constitution, the petitioner has sought for quashing the order dated 13-2-1981 passed by the Karnataka Appellate Tribunal (hereinafter referred to as the 'Tribunal') in Appeal No. 499/ 1980 produced as Annexure-B.2. The impugned order sets aside the award passed by the Arbitrator in Dispute No. 407/73-74 on the ground that the claim was made by the petitioner on the basis of the shortages of fertiliser noticed by the auditor during the course of audit, hence the only course open to the petitioner was to initiate a surcharge proceeding Under Section 69 of the Act and not to raise a dispute Under Section 70 of the Karnataka Co-operative Societies Act, 1959, (hereinafter referred to as the 'Act') as such the dispute raised under Section 70 of the Act was incompetent. It is the correctness of this order that is challenged in this Writ Petition.3. It is contended on behalf of the petitioner that there was no statutory...

Y. Moideen Kunhi and ors. Vs. Collector of Central Excise, Bangalore a ...

Court: Karnataka

Reported in: 1986(7)ECC104; 1986(6)LC407(Karnataka); 1986(23)ELT293(Kar); [1986]161ITR642(KAR); [1986]161ITR642(Karn)

ORDER1. The petitioners in these four writ petitions are the owners of saw mills in Mangalore carrying on business in timber. They purchase timber logs from the State Forest depots and from others and convert them into smaller sizes, planks, etc. They also undertake job works by converting the logs belonging to others into sawn timber, planks, rafters, etc., to the specification. 2. In each of the cases the petitioner has challenged the show cause notices issued against him by the Assistant Collector of Central Excise, Mangalore, by which they were asked to show cause why action should not be taken against them for having manufactured and cleared sawn timber and other products without paying excise duty and for other offences committed under the Act, such as, failure to obtain licence, etc. 3. The petitioners have questioned the show cause notices in these petitions and have prayed for declaring that the sawing of timber logs into different sizes, planks, beams, etc., does not amount t...

M.S. Jaffer Sheriff Vs. City Improvement Trust Board

Court: Karnataka

Reported in: ILR1990KAR3746

ORDERRama Jois, J.1. These 12 Writ Appeals are presented against the Common Order rendered by a Single Judge in Writ Petition No. 2545A of 1973 and connected 11 Writ Petitions dismissing the Writ Petitions in which the petitioners had challenged the acquisition of a building, situate in the City of Mysore Under the provisions of the City of Mysore Improvement Act 1903 ('the Act' for short).2. Briefly stated the facts of the case are these: Building property bearing Municipal numbers 1590 to 1603 situate near Devaraja Market in the City of Mysore originally belonged to one Sowcar Channaiah. The property was sold in execution of a decree at the instance of the Syndicate Bank which was the decree-holder. The said property was purchased in Court auction by the petitioners in the name of one of the petitioners, and, thereafter he executed separate sale deeds in favour of other petitioners. A Preliminary Notification under Sub-section (1) of Section 16 of the Act was issued by the Board on 1...