Karnataka Court September 1993 Judgments
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Management of South Central Railway Vs. Mahaboob Sab
Court: Karnataka
Decided on: Sep-10-1993
Reported in: ILR1993KAR2807; 1993(4)KarLJ335
ORDERS.B. Majmudar, C.J.1. Writ Appeal No. 1544/1993 arises out of an Interlocutory Order passed by the learned single Judge pending the Writ Petition. The appellant is the Management of South Central Railway, It is aggrieved by the order passed by the Industrial Tribunal-cum-Labour Court, Bangalore under Section 33C(2) of the Industrial Disputes Act, 1947. The order has been passed in favour of respondent-1-workman. It is not in dispute that for the purpose of adjudicating disputes regarding service conditions of the employees of Railway, the Central Administrative Tribunal will have jurisdiction. W.P.17146/92 is however filed challenging the Award of the Labour Court presumably under Articles 226 and 227 of the Constitution of India. Now the short question is whether the original Writ Petition is at all maintainable in this Court. Sub-Section (1) of Section 14 of the Administrative Tribunals Act, 1985 (for short 'the Act') lays down that save as otherwise expressly provided in this A...
Basheer Ahmed Sherif Vs. Mohammed Yousuff
Court: Karnataka
Decided on: Sep-10-1993
Reported in: ILR1993KAR3542; 1993(4)KarLJ235
ORDERMurgod, J. 1. This Appeal, under Order 43 Rule 1(r) CPC, is directed against the order dated 13.7.1993 passed in O.S.No. 1993/93 on the file of the learned 15th Add!. City Civil Judge, Bangalore, allowing I.A.II filed under Order 39 Rules 1 and 2 CPC and granting interim injunction restraining the appellant from interfering with the peaceful possession and enjoyment of the suit schedule property by the respondents. 2. The facts giving rise to this Appeal are The appellant filed a petition in HRC 10477/93 in the Court of the Additional Small Causes Judge, Bangalore City against respondent-1 and obtained an order of eviction in respect of the premises involved in the present proceedings on 18.8.1990 after protracted litigation for 7 years, Respondent-1 came up in Revision before this Court in CRP No. 5414/90 and on a compromise the present appellant agreed to grant time upto 1.6.1993 to vacate the premises. On a joint Memo filed before this Court time to vacate the premises was allo...
Pundalika Shenoy Vs. Canara High School Association
Court: Karnataka
Decided on: Sep-09-1993
Reported in: ILR1993KAR2685; 1994(1)KarLJ40
ORDERS.B. Majmudar, C.J.1. The appellant herein at the relevant time was working as Head Master in an aided Private Educational Institution which was running a school named 'Canara High School' at Urva. The Management had reverted the appellant from the post of Head Master after holding a disciplinary enquiry. We are not concerned with the merits of this decision. The appellant had challenged the said decision by filing an appeal under Section 8 of the Karnataka Private Educational Institutions (Discipline and Control) Act, 1975, to the Educational Appellate Tribunal constituted under that Act. He had prayed for stay of the reversion order which was not granted. The appeal is still pending for decision on merits. The appellant, in the meantime, had also approached the Deputy Director of Public Instructions functioning under the Grant-in-Aid Code Rules, making grievance about the very same order and the Deputy Director gave a direction to the Management that the Management should stay t...
Reserve Bank of India and Union of India and Another Vs. Jacqueline Ch ...
Court: Karnataka
Decided on: Sep-08-1993
Reported in: [1996]86CompCas231(Kar); 1996(54)ECC56; 1994(2)KarLJ298
B.N. Krishnan, J. 1. These ten appeals arise from the common order passed by the learned single judge (See Jacqueline Chandani v. Deputy Director, Enforcement Directorate [1992] 75 Comp Cas 228] in five writ petitions by which the notification issued by the Reserve Bank of India as per annexure 'H' came to be quashed and the order passed by the Deputy Director, Enforcement Directorate. levying penalty of Rs. 26,500 on the petitioner was set aside and the Union of India as also the Deputy Director were prohibited from enforcing the provisions of sections 8(1), 14 and 19(1)(e) of the Foreign Exchange Regulation Act, 1973 (for short 'the Act'), in so far as the petitioner is concerned. The Reserve Bank of India which was not a party before the learned single judge being aggrieved by that portion of the order by which its notification came to be quashed has preferred Writ Appeals Nos. 740 to 744 of 1991, with the leave of this court. The Union of India as also the Deputy Director, Enforcem...
M. Mohan Shet Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Sep-08-1993
Reported in: (1994)121CTR(Kar)29; ILR1993KAR2906; [1994]206ITR174(KAR); [1994]206ITR174(Karn); 1993(4)KarLJ737
K. Shivashankar Bhat, J.1. The petitioner is aggrieved by the endorsement dated September 9, 1992, issued by the second respondent refusing the registration of the sale deed presented before him. The sale deed referred to the consideration as Rs. 1,18,000. According to the petitioner, the deed was presented for registration and the second respondent proceeded to register the same, in fact he had put his seal on the document, and at this stage, for reasons best known to him, he refused to complete the process of registration; instead he made the endorsement which states : 'I find according to records of the office, the value of the property shown in the document is more than two lakhs. Hence, this document is refused to be accepted for registration with request to produce the income-tax clearance certificate.' 2. The petitioner has attributed ulterior motive to the second respondent which has been denied by the second respondent. For the purpose of this writ petition, it is unnecessary ...
Bangalore Club Vs. Regional Director, Esic
Court: Karnataka
Decided on: Sep-08-1993
Reported in: II(1994)ACC319; [1994(68)FLR406]; ILR1993KAR3307; 1993(4)KarLJ431; (1994)IILLJ780Kant
Krishnan, J. 1. The appellant was the applicant before the Employees State Insurance Court, Bangalore in E.S.I. No. 12/1983 and being aggrieved by the order passed by the said Court holding that it was liable to be covered under the Employees State Insurance Act (for short 'the E.S.I. Act' or 'the Act') with effect from January 27, 1980, has preferred this appeal.2. The appellant filed an application before the E.S.I Court under Section 75 of the E.S.I. Act and pleaded as hereunder. It is a Club set up and run by its members for the purpose of recreation and it does not make any profit and it is run on the contribution from the members from time to time and for the benefit of its members. It is having a canteen and caters foodstuffs in the course of its activities and it is neither a factory nor an establishment liable to be covered under the E.S.I. Act. The E.S.I. Inspector inspected the Club and sent a letter dated January 25, 1981 together with a draft order claiming a sum of Rs. 60...
T.S. Rukmini Vs. T.S. Channabasavaiah
Court: Karnataka
Decided on: Sep-08-1993
Reported in: 1994ACJ600; ILR1993KAR2874; 1994(1)KarLJ283
Krishnan, J.1. These two Appeals arise from one claim case and therefore they are disposed of by this common Judgment2. The wife, children and mother of one K.N.Hanumappa who died in a motor vehicle accident involving truck No. MYT-5578 on 11.1.1981 preferred the Claim Petition before the Motor Accidents Claims Tribunal, Chitradurga for recovery of compensation from the driver, owner and insurer of the said vehicle. The case put forward is, that the deceased was proceeding in the said goods truck as a hirer for transporting furniture and died as a result of the accident attributable to the rash or negligent driving of the truck and the Tribunal after holding in favour of claimants on the point of actionable negligence, awarded compensation of Rs. 57,000/- and directed all the three respondents before it to satisfy the award. The claimants, being dissatisfied with the quantum of compensation awarded, have preferred the 1st appeal viz, M.F.A.No. 1535 of 1985. The insurer disputing the fi...
State of Karnataka Vs. Dundamada Shetty
Court: Karnataka
Decided on: Sep-08-1993
Reported in: ILR1993KAR2605; 1994(3)KarLJ378
S.B. Majmudar, C.J.1. These group of matters comprised in List-1 and II are referred to a Full Bench pursuant to an order of the Division Bench of this Court consisting of two of us, (SBM, CJ., and NDVBJ) dated 30.7.1993 as according to the Division Bench, there was a conflict between the Decisions rendered by Mr. Chandrakantaraj Urs, in Writ Petition No. 4563/87, and group decided on 14.7.1987 and as confirmed by the Division Bench of this Court in Writ Appeal Nos.2059-2096/87 and connected matters decided on 2.12.1987, and against which Judgments, several Special Leave Petitions were dismissed by the Supreme Court on the one hand and Judgment of Mr. Justice Doddakalegowda, in NANJANAYAKA AND ETC. ETC. v. STATE OF KARNATAKA AND ORS. etc., : AIR1990Kant97 and which was the subject matter of pending appeals before a Division Bench on the other. The Division Bench placing reliance on the Decision of the Full Bench of this Court in : AIR1993Kant306 referred the entire group of these matte...
Nizami Rice Mill Vs. Karnataka Electricity Board
Court: Karnataka
Decided on: Sep-08-1993
Reported in: ILR1993KAR2720; 1994(1)KarLJ77
ORDERShivashankar Bhat, J. 1. Writ Petition was heard for final disposal.Petitioner is the proprietor of a Rice Mill having the benefit of electrical supply for running the mill. On 16.7.1993, the authorities of the Electricity Board inspected the premises of the Rice Mill and opined that the petitioner has been consuming electricity after tampering with the meter and thus, petitioner is guilty of theft of electricity. Thereafter petitioner was served with a Bill dated 23.7.1993 for Rs. 1,43,419/- being the alleged 'back billing charges'. This Bill was served on 24.7.1993. On 29th July, the present Writ Petition was filed challenging the said demand. Petitioner also seeks restoration of the electricity supply to his mill.2. Petitioner contended that the impugned action of the respondents violated the principles of Natural Justice and that the demand under the impugned Bill was exhorbitant and arbitrary and that the petitioner has no other effective alternative remedy against the impugn...
Shanakarappa Veerabasappa Bannihatti Vs. the Deputy Commissioner Dharw ...
Court: Karnataka
Decided on: Sep-07-1993
Reported in: AIR1994Kant97
ORDER1. The petitioner has sought for declaration of acquisition proceedings initiated under sub-section (1) of Section 3 of the Karnataka Acquisition of Land for Grant of House Sites Act, 1972 (Karnataka Act No. 18/73) hereinafter called as the Act) vide Notification No. LAQ 11/HS/OR. 19/82-83 dated 31-1-1983, gazetted on 17-2-1983 and notification issued under sub-section (4) of Section 3 of the Act vide notification No. LAQ 11 HSC 19/82-83 dated 29th November 1983 as having lapsed by virtue of Section 11A of the Land Acquisition Act 1894 as amended by Act 68/1984 (Karnataka Act 17/1961) and also for quashing of intimation issued by the Tahsildar Hirekerur, videLAQ HS Kunchur 93-94 dated 18-6-1993.2. The short question that arises for consideration is whether the provisions of Section 11A of the Land Acquisition Act 1894 as amended by Act 68/1984 is applicable to proceedings initiated under the provisions of the Karnataka Acquisition of Land for Grant of House Sites Act, 1972 (Act 18...
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