Karnataka Court March 1992 Judgments
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Bharat Gold Mines Ltd. Vs. Hanuman and Others
Court: Karnataka
Decided on: Mar-11-1992
Reported in: 1992ACJ1155; [1992(65)FLR271]; (1993)IILLJ313Kant
Venkatachala, J.1. These are the appeals filed under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') by Bharath Gold Mines Ltd., K.G.F. (for short 'the employer'), against the awards made by the Commissioner for Workmen's Compensation, Kolar District (for short 'the Commissioner'), awarding compensation to the workmen of the employer on premature termination of their services by reason of occupational disease, silicosis, contracted by them in the course of their employment. The respondent in each of these appeals is the workman concerned. As the employment of the workmen involved their exposure to the inhalation of dust containing silica, they contracted the occupational disease, silicosis, listed as occupational disease in Part C of Schedule III to the Act. The contracting of occupational disease, silicosis, by each workman made his employer to treat that disease as an injury arising out of an accident and in the course of his employment and to terminate his s...
Annamma Vs. Pattamma
Court: Karnataka
Decided on: Mar-11-1992
Reported in: II(1993)DMC559; ILR1993KAR755
K.A. Swami, J.1. This Appeal by the plaintiffs is preferred against the judgment and decree dated 4th October, 1991 passed by the learned 19th Additional City Civil Judge, Bangalore in O.S.No. 2762/1990. The respondents are defendants 1 to 3 in the trial Court. There are two suit properties. But the plaintiffs have confined their claim only to item No. 2 in the schedule to the plaint. The plaintiffs have claimed 1/5th share each in item No. 2 on the ground that the said property was the self-acquired property of their late father by name Shri Chinnappa Mudaliar, who died in the year 1952 leaving behind his widow, two sons and two daughters. The plaintiffs are the two daughters of Chinnappa Mudaliar. Defendant No. 1 is the widow of Chinnappa Mudaliar. The sons are not made parties to the suit on the ground that they had alienated their share along with defendant No. 1 in favour of defendant No. 2. Therefore, they are not necessary parties to the suit. According to the plaintiffs as item...
Chairman-cum-managing Director, Bgml Vs. Hanuman
Court: Karnataka
Decided on: Mar-11-1992
Reported in: I(1993)ACC669; ILR1992KAR1819; 1992(2)KarLJ132; (1995)IIILLJ98Kant
Venkatachala, J. 1. These are the Appeals filed under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act'), by Bharath Gold Mines Limited, K.G.F. (for short 'the employer'), against the awards made by the Commissioner for Workmen's Compensation, Kolar District (for short 'the Commissioner'), awarding compensation to the workmen of the employer on premature termination of their services by reason of occupational disease - Silicosis contracted by them in the course of their employment. Respondent in each of these Appeals, is the workman concerned. As the employment of the workmen involved their exposure to the inhalation of dust containing silica, they contracted the occupational disease silicosis listed as occupational disease in Part 'C' of Schedule III to the Act. The contracting of occupational disease -silicosis by each workman made his employer to treat that disease as an injury arising out of an accident and in the course of his employment and to terminate his ...
Bharath Gold Mines Ltd. Vs. Hanuman and ors.
Court: Karnataka
Decided on: Mar-11-1992
Reported in: 1(1994)ACC439
N. Venkatachala, J.1. These are the appeals filed under Section 30 of the Workmen's Compensation Act, 1923 (for short 'me Act') by Bharath Gold Mines Ltd., K.G.F. (for short 'the employer'), against the awards made by the Commissioner for Workmen's Compensation, Kolar District (for short 'the Commissioner'), awarding compensation to the workmen of the employer on premature termination of their services by reason of occupational disease, silicosis, contracted by them in the course of their employment. The respondent in each of these appeals is the workman concerned. As the employment of the workmen involved their exposure to the inhalation of dust containing silica, they contracted the occupational disease, silicosis, listed as occupational disease in Part C of Schedule III to the Act. The contracting of occupational disease, silicosis, by each workman made his employer to treat that disease as an injury arising out of an accident and in the course of his employment and to terminate his...
Basappa Vs. Siddagangamma
Court: Karnataka
Decided on: Mar-10-1992
Reported in: II(1992)DMC167; ILR1992KAR1798; 1992(2)KarLJ357
Vasantha Kumar, J. 1. This Regular First Appeal is directed against the Judgment and Decree dated 1-3-80 passed by the Court of the Civil Judge, Madhugiri, in R.A.No.183/78 while dismissing the appeal the first appellate Court has confirmed the Judgment and Decree passed in O.S. No. 58/76 try the Court of the Munsiff, Madhugiri, wherein the appellant was directed to pay maintenance in a sum of Rs. 25/- per month and another sum of Rs. 50/- per annum towards separate residence.2. This Court at the stage of admission formulated the following proposition of law for consideration:-'Whether Section 18 of the Adoptions and Maintenance Act could be so construed as to hold that notwithstanding the nullity of a marriage under Section 11 of the Hindu Marriage Act the wife claiming maintenance, retains her status as wife for the purposes of applying for maintenance?3. The few facts to briefly state are;The plaintiff by name Siddagangamma, the third wife of one Basappa filed Original Suit against ...
Dr. M. Munireddy Vs. Kidwai Memorial Institute of Oncology
Court: Karnataka
Decided on: Mar-10-1992
Reported in: ILR1992KAR2359; 1992(3)KarLJ232
ORDERM. Ramakrishna, J1. This Writ Petition was taken for hearing by consent of the learned Counsel for the parties. Accordingly, I have heard them.2. The petitioner in this Writ Petition under Article 226 of the Constitution has called in question the legality and correctness of the selection of respondents 4 and 5 made in Notification, Annexure-D, No. KMIO/AC/I/92 dated 1-1-1992, for admission to M.Ch. (Surgical Oncology) course for the year 1992-93. The prayer sought for in the Writ Petition is as follows:-(a) Grant him a writ of certiorari or any other appropriate writ,order or direction quashing the selection NotificationNo. KMIO/AC/I/92 dated 1-1-1992 (Annexure-D) in so far asit relates to selection of 4th and 5th respondents for beingadmitted to the M.Ch., (Surgical Oncology) course for theacademic year 1992-93.(b) Issue a writ of mandamus/any other writ, order or direction, directing the respondents 1 to 3 to admit the petitioner to M.Ch., (Surgical Oncology) course for the aca...
Chief Commissioner (Adman.) and Commissioner of Income-tax Vs. Bharath ...
Court: Karnataka
Decided on: Mar-09-1992
Reported in: [1994]205ITR445(KAR); [1994]205ITR445(Karn)
S.A. Hakeem, J.1. The Income-tax Appellate Tribunal has referred the following question for the court's opinion under section 256(1) of the Income-tax Act, 1961 :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the provision for accrued leave salary payable to the employees is an allowable revenue deduction in computing the total income ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the technical information fees paid by the assessee is an allowable business expenditure ? 3. Whether, on the facts and in the circumstances of the case, the assessee was entitled to depreciation on roads and drains within the factory premises ?' 2. In so far as the first question is concerned, in the case of the same assessee, a substantially identical question was involved in I.T.R.C. No. 111 of 1987 for earlier years in which the tribunal was directed to prepare a supplemental statement of the c...
Cement Corporation of India Ltd. Vs. Bagambee
Court: Karnataka
Decided on: Mar-06-1992
Reported in: 1994ACJ312; (1994)IIILLJ728Kant
Venkatachala, J. 1. In this appeal under Clause (a) of Sub-section (1) of Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act'), the substantial question of law raised for our decision since relates to the method of calculating monthly wages of a workman under Section 5 of the Act and arriving at the amount of compensation for the death of the workman arising from an injury, we propose to consider the same by stating the undisputed material facts, at the very outset. 2. Appellant-Cement Corporation of India Ltd. is the employer. Respondents 1 to 6 are the dependents of Snahabuddin, the appellant's workman who died in an accident arising out of and in the course of his employment in the appellant's Cement Factory on 23-7-1984. The workman at the time of his death, was aged 37 years. 3. Respondent-1, the wife, and respondents 2 to 6, the children of the deceased workman. Shahabuddin, made a claim petition before the Commissioner for Workmen's Compensation, Gulbarga (fo...
Cement Corporation of India Ltd. Vs. Begambee
Court: Karnataka
Decided on: Mar-06-1992
Reported in: [1992(65)FLR216]; ILR1992KAR1643
Venkatachala, J. 1. In this appeal under Clause (a) of Sub-section (1) of Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act'), the substantial question of law raised for our Decision since relates to the method of calculating monthly wages of a workman under Section 5 of the Act and arriving at the amount of compensation for the death of the workman arising from an injury, we propose to consider the same by stating the undisputed material facts, at the very outset.2. Appellant-Cement Corporation of India Ltd., is the employer. Respondents 1 to 6 are the dependents of Shahabuddin, the appellant's workman who died in an accident arising out of and in the course of his employment in the appellant's Cement Factory on 23-7-1984. The workman at the time of his death, was aged 37 years.3. Respondent-1, the wife, and respondents 2 to 6, the children of the deceased workman-Shahabuddin, made a claim petition before the Commissioner for Workmen's Compensation, Gulbarga (for ...
Cement Corporation of India Vs. Smt. Begambee'and Ors.
Court: Karnataka
Decided on: Mar-06-1992
Reported in: II(1992)ACC582
N. Venkatachala, J. 1. In this appeal under Clause (a) of Sub-section (1) of Section 30 of the Workmen's Compensation Act, 1923 (for short 'The Act'), the substantial question of law raised for our decision since relates to the method of calculating monthly wages of a workman under Section 5 of the Act and arriving at the amount of compensation for the death of the workman arising from an injury. We propose to consider the same by stating the undisputed material facts, at the very outset.2. Appellant-Cement Corporation of India Limited, is the employer. Respondents 1 to 6 are the dependants of Shahabuddin, the appellant's workman who died in an accident arising out of and in the course of his employment in the appellant's Cement Factory on 23.7.1984 . The workman at the time of his death, was aged 37 years.3. Respondent-1, the wife, and respondents 2 to 6, the children of the deceased workman -- Shahabuddin, made a claim petition before the Commissioner for Workmen's Compensation, Gulb...
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