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Karnataka Court October 1989 Judgments

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Oct 19 1989

Amalgamated Electricity Company Limited Vs. the Workmen of Amalgamated ...

Court: Karnataka

Decided on: Oct-19-1989

Reported in: (1995)IIILLJ769Kant

ORDERRajendra Babu, J.1. These two petitions are disposed off by this common order since the question of law involved is one and the same.2. The petitioner in Writ Petition 2040/1984, which is a public limited company, was supplying electricity to the city of Belgaum till 1974 when by virtue of Section 4 of the Karnataka Electricity Supply Undertakings ( Acquisition) Act, 1974 (hereinafter referred to as the Acquisition Act) the undertaking of the petitioner company stood transferred to and vested in the Government. As a consequence thereof under Section 11 of the Acquisition Act the employees under the petitioner company, employed before the vesting date became, as from that date, the employees of the Government and thereafter when the undertaking was handed over to the second respondent -Electricity Board those employees continued to be such on the same terms and conditions and with same rights and privileges in the matter of conditions of service. The proviso to that section also pr...


Oct 18 1989

V. Srinivasa Rao Vs. State of Karnataka

Court: Karnataka

Decided on: Oct-18-1989

Reported in: ILR1989KAR3455; 1990(1)KarLJ3

ORDERRama Jois, Ag. C.J. 1. This appeal is presented by the appellant aggrieved by the order of the learned Single Judge dismissing his Writ Petition.2. The facts of the case, in brief, are these:-The appellant joined service in the Prisons Department of the State of Karnataka as Second Division Clerk in the year 1959. He was promoted as First Division Clerk in the year 1976 and was posted to work as Store Keeper in the Central Prison, Bellary. A Memo dated 2nd March 1981 was issued to the appellant, which reads:-'Sub: Excess and shortages noticed in respect of raw materials and Manufactured articles as on 1-5-80 at the time of handing over charge by V. Srinivasa Rao F.D.C. to Sri C. Rameshan, F.D.C.Ref: This Office Memo No. FCT/3882/80 dated 15-10-80.2. Your reply dated 16-12-1980.3.This Office Memo FCT/4320/80 dated 2-12-80.4.This Office Memo No. 4875/80 dated 2-1-81.5. Letter No. EST/251/80-81 dated 31-1-81 of the Superintendent, District Prison, Bijapur. You, Sri V. Srinivasa Rao, ...


Oct 17 1989

Banashankary Leasing Co. Ltd. and anr. Vs. State of Karnataka and anr.

Court: Karnataka

Decided on: Oct-17-1989

Reported in: [1990]182ITR8(KAR); [1990]182ITR8(Karn); 1989(3)KarLJ562; [1990]79STC87(Kar)

S. Rajendra Babu, J.1. The petitioners in these writ petitions are companies engaged in the business of hire-purchase and automobile parts. They have called in question the constitutional validity of entry 19 of the Karnataka Tax on Professions, Traders, Callings and Employments Act, 1976 (Karnataka Act 36 of 1976) (hereinafter referred to as 'the Act'), levying a flat rate of tax of Rs. 2,500 per annum. 2. The grounds of attack raised by the petitioners are : that, reading the entry under the Constitution at entry 60 of List II of the Seventh Schedule to the Constitution and the charging section as well as entry 19, the incidence of tax is upon profession, trade or calling; that when the tax base is profession, trade or calling, classification made by singling out a company without reference to the profession, trade or calling carried on by it is per se bad and has totally no relevance to the purposes and objects of the Act; that, even amongst companies, there is no classification bas...


Oct 17 1989

Ravi Printers Vs. Karnataka State Financial Corporation and Others

Court: Karnataka

Decided on: Oct-17-1989

Reported in: [1991]71CompCas714(Kar); ILR1989KAR3343

ORDERK. Shivashankar Bhat, J.1. The petitioner has challenged the notice dated July 4/20, 1988 (annexure A), whereby the Karnataka state Financial Corporation (hereinafter referred to as 'the Corporation') in exercise of its power under section 29 of the State financial Corporation Act, 1951 (hereinafter referred to as 'the Act'), proceeded to recover a sum of Rs. 48,473. The said order declares that the assets of the industrial concern of the petitioner are vested with the Corporation and two officers of the Corporation are authorised to take possession of the said assets, Annexure B, Mahazar, under which possession was taken by the said authorised persons is dated July 21, 1988;it is also challenged in this writ petition. The further prayer is for a direction to hand over the assets to the petitioner and also for a declaration that section 29 of the Act is illegal and void. 2. The petitioner took over the industrial concern from the previous owners. Admittedly the petitioner-concern ...


Oct 17 1989

Sri Banashankary Leasing Co. Ltd. and Another Vs. State of Karnataka a ...

Court: Karnataka

Decided on: Oct-17-1989

Reported in: [1991]71CompCas215(Kar)

S. Rajendra Babu, J.1. The petitioners in these writ petitions are companies engaged inn the business of hire-purchase ad automobile parts. They have called in question the constitutional validity of entry 19 of the Schedule to the Karnataka Tax on Professions, Trades, Callings and Employments Act, 1976 (Karnataka Act 36 of 1976) (hereinafter referred to as 'the Act'), levying at flat rate of tax of Rs. 2,500 per annum. 2. The grounds of attack raised by the petitioners are : that, reading the entry under the Constitution at entry 60 of List II of the Seventy Schedule to the Constitution and the charging section as well as entry 19, the incidence of tax is upon profession, trade or calling; that when the tax base is profession, trade or calling, classification made by singling out a company without reference to the profession, trade or calling carried on by it is per se bad and has totally no relevance to the purposes and objects of the Act ; than, even amongst companies, there is no c...


Oct 16 1989

Dr. S. Balaji Pai Vs. State of Karnataka and Others

Court: Karnataka

Decided on: Oct-16-1989

Reported in: AIR1990Kant246; 1989(3)KarLJ454

ORDER1. This writ petition is directed against the Government Notification issued under Annexure-H promulgating rules in amendment to the Karnataka Entrance Test for Admission to Post-Graduate Degree and Diploma (Medical and Dental) Courses Rules, 1987, issued under the Government Order dt. 9-10-1987, restricting admission to Post-Graduate Degree and Diploma (Medical and Dental) Courses to those candidates who, have obtained the M.B.B.S. or B.D.S. degree from any of the Universities established by law in Karnataka and for a declaration that clause (b) of R. 4 as amended under Annexure-H is unconstitutional and violative of Art. 14 of the Constitution.2. The following are the materialfacts:--The petitioner secured a degree in Medicine from the University of Poona. The petitioner, however, is a permanent resident of Bangalore having passed his I.C.S.E. examination from St. Josephs Boys High School, Bangalore, obtaining 'A' grade. The petitioner was selected on merit basis for a scholarsh...


Oct 16 1989

Abdul Sukur Vs. State of Karnataka

Court: Karnataka

Decided on: Oct-16-1989

Reported in: ILR1990KAR649; 1990(3)KarLJ194

K.A. Swami, J.1. This Second Appeal arises out of a suit filed by the appellant/plaintiff for the following reliefs:'(i) Declaration to the effect that the plaintiff was born on 2-3-1331) Fasli (Corresponding to 5-12-1921 A.D.) and consequently his date of birth (23-12-1919) as shown in the Service Register of the defendant is illegal wrong and incorrect and as such it deserves to be rectified and corrected as dated 5-12-1921.(ii) Declaration that the order of the Deputy Commissioner, Raichur bearing No. RBR/EST/ 41/78-79 dated 26-9-1978 is illegal, void and liable to be set aside and plaintiff is entitled to be continued in the service till 31-12-1981 when he attains the age of Superannuation as per his correct date of birth viz., 5-12-1921 A.D.(iii) Injunction restraining the defendant or its Subordinate Officers from retiring and relieving the plaintiff on 30th or 31st January 1980 as per the latest and recent decision of the defendant (to the effect that all Government Servants who...


Oct 06 1989

P. Rajeev and ors. Vs. the Karnataka State Construction Corporation Lt ...

Court: Karnataka

Decided on: Oct-06-1989

Reported in: 1990(3)KarLJ1; (1992)ILLJ217Kant

1. In all these petitions, the substance of the relief sought by the petitioners is for a direction to the respondent to absorb them in their respective posts, held by them temporarily. They are aggrieved by the action taken by the respondent - the Karnataka State Construction Corporation Ltd. (hereinafter referred to as 'the Corporation') to terminate their respective services. 2. In W.P. No. 11642/89 the petitioner is an Engineering graduate and he was appointed as a Junior Engineer Grade I/Asst. Engineer for a period of six months initially on 26th August, 1987. Thereafter his services were continued from time to time, each time temporarily for a particular period. By an order dated 28th June, 1989, the petitioner was informed that his services stood terminated with effect from 30th June, 1989 on the expiry of the contract period. In W.P. No. 11664/89 the petitioner is a B.Com., graduate. She has also passed English and Kannada Senior Grade typewriting examination. By an order dated...


Oct 06 1989

Indian Hume Pipe Co. Ltd. Vs. Bangalore Water Supply and Sewerage Boar ...

Court: Karnataka

Decided on: Oct-06-1989

Reported in: ILR1990KAR1134

ORDERShivashankar Bhat, J.1. Since the arguments addressed by the learned Counsel regarding interim relief had to cover the main case itself, with the consent of the learned Counsel on both sides, Writ Petition itself was heard for final disposal. In essence, petitioner questions the validity of the action of the first respondent-Bangalore Water Supply and Sewerage Board (hereinafter referred to as 'the Board') entrusting the contract of supply of 600 mm.dia. pre-stressed concrete pipes to the 2nd respondent, and further seeks a direction to entrust the manufacture and supply of the said materials to the petitioner.2. The first respondent issued a tender Notification dated 4-3-1989 for manufacture and supply of pre-stressed pipes, indicating the approximate value of the supply as Rs. 20,11,350/-. The petitioner, an experienced manufacturer submitted its tender in terms of the aforesaid Notification. Tenders were opened on 28-3-1989. There were only three tenderers. The rate per metre, ...


Oct 05 1989

Sri Jagadguru Murugarajendra Polytechnic and Others Vs. State of Karna ...

Court: Karnataka

Decided on: Oct-05-1989

Reported in: AIR1990Kant231; ILR1990KAR1004; 1989(3)KarLJ626

ORDER1. Petitioners are unaided private Polytechnics. They have impugned in these writ petitions Government Order dated 22/24th July 1989 (Annexure-T in Writ Petition No. 13833 of 1989) in so far as it directs thier closure.2. Admitted events, which have preceded issuance of the impugned Government Order, warrant a brief mention before considering the question of its sustainability-Petitioners Polytechnics had been established pursuant to the Government's common letter of intent dated 26th June 1985 (Ann.-Rl in Writ Petition No. 13833 of 1989) issued to them. Annexure-1 to that Annexure-R1 refers to certain conditions, subject to which the petitioners Polytechnics were permitted to be established. The Government, by its Order No. ED 56 TPE 86 dated 5th May 1987, constituted a committee of three members headed by Prof. K. A. Krishna Murthy to go into the working of the private unaided Polytechnics in the State and make a report to it (Government) on the question whether any of them warr...


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