Karnataka Court April 1990 Judgments

SaraswathIn Kembha Vi and Others Vs. the Divisional Railway Manager, H ...

Court: Karnataka State Consumer Disputes Redressal Commission SCDRC

R.G. Desai, President: (1) This appeal is directed against the Order of the District Forum, Belgaum, is complaint No. 5/1989 on its file, dismissing the complaint of the appellants for compensation on account of negligence of the Respondent. It arises in this way: (2) On August 14, 1989 the Appellants boarded Kittur Express Train No. 208 at Belgaum Railway Station at 6.00 p.m. to go to Bangalore. The said train left Belgaum Railway Station at about 6.00 p.m. and reached Londa Railway Station at about 7.15 p.m., the same day. It was stopped there till about 11.00 p.m. as there was derailment due to an accident involving a goods train between Nagaragali and Tavaraghatta at about 2.34 p.m. on that day. The said train left Londa Railway Station at about 11.00 p.m. and it reached Nagaragali Railway Station at about 11.30 p.m. There it was stopped till about 5.45 a.m. and thereafter it proceeded towards Bangalore and reached Bangalore after a delay of about 6 hours. Due to the halting of the...

K.N. Nagaraju Vs. Senior Manager, Central Bank

Court: Karnataka State Consumer Disputes Redressal Commission SCDRC

R.G. Desai, President: (1) The Complainant has filed this complaint against the Respondent alleging unfair trade practice by the Bank. The allegations in brief are as follows :- (2) The Complainant is the Managing Director of M/s. Linas Engineering Enterprises (P) Ltd., Mysore, a company registered under the Companies Act. The Complainant was one of the Guarantors to the loan borrowed by the company from the Canara Bank, Sara- swathipuram, Mysore. As on 1.10.1989 the liability of the Company to the Bank was Rs. 1,90,510/- exclusive of interest. The Complainant borrowed a some of Rs. 75,000/- from the Canara Bank, Saraswathipuram, Mysore, on a mortgage by deposit of title deeds of site No.789, 4th Stage, Thonachikoppal, Mysore. (3) The Complainant discharged this loan on 27.8.1989 by paying Rs. 50,647.05 by taking an advance from the prospective buyer of his house and requested the Bank to release the title deeds. The Bank informed the complainant that the title deeds would not be relea...

M/S. Mulla Company Vs. M.M. Bhaldar

Court: Karnataka State Consumer Disputes Redressal Commission SCDRC

R.G. Desai, President: (1) After hearing the Appellant's Counsel and perusing the records, the Commission (per Desai, J.) delivered the following: (2) This appeal is directed against the Order dated 9.2.1990 passed by the District Forum, Belgaum in Complaint No. 3/1989 on its file. It arises in this way: (3) The Respondent herein had purchased Orson 20''colour TV for a sum of Rs. ll,850/- on 9.12.1988 from the Appellant. Some time after the purchase the colour TV started malfunctioning and it was exhibiting black and white picture, quality of which was poor. The Respondent brought the said facts to the notice of the Appellant who went to the house of the Respondent but could not rectify the defect. As the repeated requests of the Respondent did not yield any result, the complainant filed a complaint before the District Forum, Belgaum. The appellant registered the complaint by contending inter alia that he had sent his technician to the house of the Respondent but the Respondent did not...

N.E. Krishna Murthy and Another Vs. University of Mysore and Others

Court: Karnataka

Reported in: AIR1991Kant35; ILR1990KAR1871

ORDER1. By consent of learned counsel, these writ petitions are treated as having been posted for hearing and I have heard them.2. In the academic year 1987-88, Acharya Tulasi National College of Commerce, Shimoga ('the College'), had affiliation from the University of Mysore ('the University'). 64 students, who had, during that academic year, completed their final year B.Com., Course from the College, took the final year B.Com, Examination held by the University in the month of April 1988. Results of that examination pertaining to the said students, were announced by the University on 30-6-1988 by means of a Provisional List. However, a correction slip was issued by the University on 17-9-1988 respecting the results which had been announced on 30-6-1988. The correction slip so issued brought about several changes in the earlier results. In fact, 16 students, whose earlier results showed that they had successfully passed the final year B.Com., Examination, were declared 'failed' under ...

Miss. Annie Abraham and Others Etc. Vs. the Sarvajna Education Society ...

Court: Karnataka

Reported in: AIR1991Kant148; ILR1990KAR1553; 1990(2)KarLJ38

ORDER1. Since all these writ petitions involve common questions of law and facts, they are clubbed together and disposed of by a common order.2. The petitioners in Writ Petitions Nos. 13470 to 13483 of 1989 are students who have completed the B.Ed. degree course. They have prayed for a mandamus directing the Bangalore University to publish and announce the results of the petitioners relating to the B.Ed, degree course of the Bangalore University for the academic year 1988-89 and also for a direction to the Bangalore University to issue certificates in respect of those petitioners who have successfully completed the B.Ed. degree course. The remaining writ petitions are preferred by various colleges seeking similar reliefs against the concerned University.3. Statement of objections has been filed by respondents 3 to 5 who are the State of Karnataka, the Bangalore University and the Controller of Examinations, Bangalore University, respectively in Writ Petitions Nos. 13470 to 13483 of 198...

Ub Mec Batteries Ltd. Vs. State Apprenticeship Advisor

Court: Karnataka

Reported in: ILR1991KAR188

ORDERR. Ramakrishna, J. 1. The above petitioners being aggrieved by the direction given by the respondent on the interpretation of Section 9(8)(a)(i) of the Apprentices Act 1961, (hereinafter referred to as 'the Act'), have filed the above Writ Petitions for issue of certiorari to quash the orders of the respondent.2. Since there is a common question of law involved, these Writ Petitions are clubbed to give a common order in W.P.14446 of 1985.3. The petitioner in W.P.14446 of 1985 is a Company registered under the provisions of the Companies Act, 1956, engaged in the manufacture of batteries. The total number of employees Including the Executives employed by the petitioner-Company is 435.4. The petitioner in W.P.15540 of 1986 is also a Company registered under the Companies Act and is engaged in the manufacture of beer. The petitioner employs around 250 workmen.5. The petitioners are required to provide opportunities of training under the Act. They are imparting training to the apprent...

M. Lakshminarayana Vs. State of Karnataka

Court: Karnataka

Reported in: ILR1990KAR2388

ORDERShivashankar Bhat, J.1. In these petitions, the petitioners question the postponment of the polls to be held for the elections of the Councillors, City Corporations, in the State of Karnataka. However, W.P.No. 5726 of 1990 questions the postponement of the poll regarding Shimoga Municipal Council. Arguments were addressed by Sri H.B. Datar, the learned Senior Advocate, with reference to W.P. 3080 of 1990 and hence relevant facts are stated from the said Writ Petition.2. Elections were announced to various Town Municipalities and the six City Corporations in the State. The decision was announced on 29-12-1989 by the Chief Electoral Officer (who is the Secretary to the State Government). Subsequently there was another direction dated 4-1-1990 to the concerned Commissioners, fixing the various dates relevant to the calendar of events. The last date for filing the nomination was 1-2-1990; scrutiny on 2nd February and the date of withdrawal 5-2-1990 and the date of the poll was 25-2-19...

P.K.M. Aboobacker Vs. Union of India and Another

Court: Karnataka

Reported in: 1990CriLJ1570; ILR1990KAR1425; 1990(2)KarLJ64

Shivashankar Bhat, J.1. This writ petition by the father of the detenu detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA, for short), was referred to a Special Bench, since, a doubt was raised about the correctness of the principle of law stated in a Bench decision of this Court in Kantilal Jain v. Union of India, W.P.H.C. No. 79 of 1979. In the said decision it was held that a detenu had no right to have legal consultation before he makes any representation against the detention under COFEPOSA. 2. On 24-4-1989, the detenu was driving a car from Mandya to Bangalore. On the way, the car was intercepted by the officers of the Directorate of Revenue Intelligence, who had credible information that contraband gold was being carried on the said car. On a search, in all 84 gold biscuits of foreign origin (9.79 Kgs.) valued at Rs. 31,24,800/- were recovered, and were seized. Detenu's statement was recorded. According to him...

Dr. Miss Parveen Rukhsana Vs. Management of Khaja Education Society

Court: Karnataka

Reported in: ILR1990KAR2259; 1990(2)KarLJ356

ORDERShyamasundar, J. 1. This Revision Petition arises out of an order passed by the Educational Appellate Tribunal on 22-9-1980, produced as per Annexure-A and the order passed by the Additional District Judge, Gulbarga on 31-3-1987 in KPEA No.2/81, produced at Annexure-C, dismissing an appeal filed by the petitioner complaining of an act of the Management who is the respondent herein in reverting her to the post of a Lecturer from that of a Principal of a Pre-University College, run and maintained by respondent institution, as not maintainable.2. The Tribunal was persuaded to take the view that the institution in question being founded and administered by a minority community the disciplinary jurisdiction of the Tribunal under the provisions of the Karnataka Private Educational Institutions (Discipline and Control) Act, 1975 ('the Act' for short) was not attracted and the action of the Management of a minority institution is immune from interference by Educational Appellate Tribunal,...

K. Raja Vs. Karnataka Electricity Board

Court: Karnataka

Reported in: ILR1990KAR1368; 1990(2)KarLJ55

Venkatachala, J.1. If an employee of the Karnataka Electricity Board ('the Board') dies in harness, doe such employee's widow or widower, as the case may be, or any other person who becomes entitled for appointment on compassionate ground in the Board under its Official Memorandum No. KEB/B5/721/80-81 dated April 16, 1986, become disentitled for such appointment by reason of such deceased employee's another son being already in the employment of the Board, is an important question which arises for our decision in this appeal. 2. Kenchaiah, an employee of the Board, who was its Lineman, died being electrocuted in the course of his employment. As he died in the course of employment and at the age of 50, his widow, as dependent of the deceased employee, made a claim before the Board under the workmen's Compensation Act, 1923. But, that claim for compensation came to be rejected by the Board on October 24, 1984. Later, she sought from the Board an employment to her son - K Raja - claiming ...