Karnataka Court June 1995 Judgments
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Vysya Bank Ltd. Rep. by Its General Manager, Bangalore Vs. General Sec ...
Court: Karnataka
Decided on: Jun-20-1995
Reported in: 1994(1)KarLJ15; (1996)ILLJ420Kant
Hakeem, A.C.J.1. In this appeal by the management, the correctness and legality of the interim order on interlocutory application No. 1 passed by the learned Single Judge allowing the same and directing payment to the workman wages as provided under S. 17B of the Industrial Disputes Act, 1947 (the Act for short), is challenged. 2. In the writ petition, the appellant has challenged the validity and correctness of the award, dated 30 July 1994, passed by the second respondent-Central Government Industrial Tribunal-cum-Labour Court, Bangalore (the Tribunal). The brief facts as stated in the petition are as follows : One Smt. Neeraja (the workman) was appointed by the appellant bank as a probationary clerk-cum-typist. The period of their probation was six months from the date of her reporting for duty which could be extended by three months at the discretion of the bank. According to the appellant, her services during the period of probation were not satisfactory and she was found to be in...
Bhanu Liquor Shop, Banuvalli Village, Harihar Taluk Vs. State of Karna ...
Court: Karnataka
Decided on: Jun-20-1995
Reported in: 2000(5)KarLJ512
ORDER1. Petitioners in these petitions are licensees holding CL. 2 and CL. 9 licences issued under the Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1968 (hereinafter referred to as 'the rules'). The licences are granted for the duration of the excise year, that is from the 1st July of a year to the 30th June of the following year. Every licensee is required to make a fresh application for licence every year. Rule 4 provides how an application for licence should be made. Sub-rule (1) requires the applicant to make an application to the Deputy Commissioner of the District if the sale is within a District or to the Excise Commissioner, if the sale is more than one District in that behalf. Sub-rule (2) gives the particulars to be contained in an application for licence. Sub-rule (3) of Rule 4 which has been introduced with effect from 1-7-1992 provides: 'The application shall be accompanied by up-to-date Sale Tax Clearance Certificate issued by the Department of Commercial T...
The State by the Deputy Commissioner, Gulbarga Vs. Jattappa
Court: Karnataka
Decided on: Jun-19-1995
Reported in: AIR1996Kant93; 1995(4)KarLJ492
Acts/Rules/Orders:Land Acquisition Act, 1894 - Sections 4 and 18JUDGEMENT1. The short point that arises in this appeal is the question as to whether the State can be ordered to pay damages to a citizen for having encroached upon his land and constructed public buildings thereon. Admittedly, the lands in dispute belong to the petitioner and this case which is 28 years old has had a very unfortunate background. The appellant-State did not commence and conclude proceedings under the Land Acquisition Act which ought to have culminated in an award and the petitioner receiving his compensation. From the references that are available on record, as pointed out by the learned Govt. Advocate, the State did issue some notification in the Gazette which may be treated as having been the commencement of the acquisition proceeding. Thereafter the notice under S. 4(1) was issued to the petitioner and there is a reference to notice under S. 9 at which stage the petitioner appears to have pointed out th...
Srikanth Vs. Karnataka Electricity Board and ors.
Court: Karnataka
Decided on: Jun-19-1995
Reported in: (1996)IILLJ560Kant
P. Krishna Moorthy, J.1. In this writ petition, the petitioner prays for quashing annexure 'A' order dated March 11, 1994, wherein the third respondent rejected the claim of the petitioner for an appointment on compassionate grounds and for a direction to the respondent to appoint the petitioner to a suitable post.2. Sri J. Siddappa, father of the petitioner, was working as a mechanic, Grade-11 in the respondent-board for more than 20 years. He died in harness on April 24, 1979, leaving behind him his wife, six daughters and three sons. The eldest brother of the petitioner, Sri Nagaraj, is married and living separately, settled at Shimoga. Another brother, Sri Rajachari, is married and living separately at Jog. Four sisters of the petitioner are also married and living separately with their families. The petitioner is staying with his mother and unmarried sisters who are unemployed. The petitioner has completed VIII Std. and is unemployed. The petitioner submitted an application on Mar...
Srikanth Vs. Chief Engineer, Karnataka Electricity Board
Court: Karnataka
Decided on: Jun-19-1995
Reported in: ILR1995KAR2271; 1995(5)KarLJ296
ORDERKrishna Moorthy, J.1. In this Writ Petition, the petitioner prays for quashing Annexure 'A' order dated 11.3.1994 wherein the third respondent rejected the claim of the petitioner for an appointment on compassionate grounds and for a direction to Respondent to appoint the petitioner to a suitable post.2. Sri J. Siddappa, father of the petitioner was working as a Mechanic, Grade-II in the Respondent-Board for more than 20 years. He died in harness on 24.4.1979 leaving behind film his wife, six daughters and three sons. The eldest brother of the petitioner Sri Nagaraj is married and living separately, settled at Shimoga. Another brother Sri Rajachari is married and living separately at Jog. Four sisters of the petitioner are also married and living separately with their families. The petitioner is staying with his mother and unmarried sisters who are unemployed. Petitioner has completed VIII Standard and is unemployed. Petitioner submitted an application on 11.3.1993 to appoint him ...
Gopalakrishna Vs. Karnataka Soaps and Detergents Ltd.
Court: Karnataka
Decided on: Jun-16-1995
Reported in: ILR1995KAR2929
ORDERTirath S. Thakur, J.1. The petitioner was working as a Senior Manger (Materials) in the respondent-Bank. During the period 15th May 1991 to 20th September 1991, he is alleged to have made irregular purchases for a sum of more than Rs. One Crore and forty five lakhs. Consequently, a charge sheet proposing disciplinary action against the petitioner for making such purchases, has been served upon him on 31st May 1995 as per Annexure 'B' to the Writ Petition. The petitioner, in the meantime, superannuated and was relieved in terms of Annexure 'F' to the Writ Petition subject to the provisions of Rule 19(ii) of KS & DL Conduct and Disciplinary Action Rules 1984. Before his retirement, the petitioner appears to have made an application for the payment of the gratuity amount due to him. In response, the respondent issued an endorsement stating that since an enquiry is pending against him, the gratuity amount shall have to be withheld in terms of Rule 19(ii) of K. S. & D. L. Conduct and D...
Ratnavathiamma Vs. Prabhakar Rai
Court: Karnataka
Decided on: Jun-15-1995
Reported in: ILR1995KAR2048; 1995(3)KarLJ256
ORDERShivaprakash, J.1. An application was filed by the tenant under Section 14 of the Karnataka Rent Control Act, 1961 before the Rent Controller for fixation of fair rent. In the said proceedings, the landlord entered appearance and filed his statement of objections. Subsequently he made an application purporting to be under Order 6 Rule 17 of C.P.C. for amendment of statement of objections to plead that the tenant has sub-leased the premises. This application has been dismissed by the Rent Controller on the ground that the said plea is totally irrelevant for the purpose of fixation of fair rent and that question has to be determined by the 'Court' before whom the landlord has instituted eviction proceedings for eviction of the tenant under Section 21 (1) (f) and (h) of the Act.2. Sri M. Ram Bhat, learned Counsel for the landlord submitted relying upon sub-section (2) of Section 14 of the Act that the Rent Controller ought to consider fixation of fair rent for that portion of the pre...
Lakshmipathi Vs. Karnataka Legal Aid Board
Court: Karnataka
Decided on: Jun-15-1995
Reported in: ILR1995KAR2316; 1995(5)KarLJ61
ORDERSaldanha, J.1. This case is illustrative of how persons who are closest to the Judicial System and who have spent their whole life in the process of assisting in the dispensation of Justice to all and sundry can themselves be at the receiving end when it comes to their own cases. It is a sad reflection on the working of our Government Departments for which I see absolutely no justification, that inane and meaningless objections are raised on utterly senseless considerations and that all of these arise in relation to disbursement of small amounts of money in situations that can never be justified. The 'Babu mentality' that pervades a certain section of subordinate officers in the Government will have to be shed when it comes to dealing with these situations because it must be realised that it is a tremendous amount of waste of public and personal time getting into bureaucratic tussles on matters which are devoid of substance. Whether it is a question of reimbursing a Judge's Medica...
Karnataka State Junior Doctors Association Vs. Post Graduate Selection ...
Court: Karnataka
Decided on: Jun-14-1995
Reported in: ILR1995KAR2166; 1996(1)KarLJ65
ORDERG.C. Bharuka, J.1. The Petitioner claims to be an Association of Junior Doctors, which has been registered as such under the Societies Registration Act. It claims to represent the interest of general body of Junior Doctors. This Writ Petition has been filed by the said Association for declaring the notice dated 7th April, 1995 (Annexure B) issued by the first respondent namely the Post-Graduate Selection Committee and the Director of Medical Education in Karnataka, inviting the eligible candidates to participate in the Second Spot counseling for admission to 1994-95 Post-Graduate Medical and Dental seats (hereinafter called as Available Post-Graduate seats) as being void and illegal and for a further direction directing the first respondent even to permit such candidates who had already been allotted seats to participate in the second counseling to avail fresh choice of subject from among the seats available in second counseling as per the ranking in the selection list. At this st...
A.B. Vorkady Vs. Union Bank of India and Another
Court: Karnataka
Decided on: Jun-13-1995
Reported in: AIR1996Kant79; [1996(73)FLR960]; ILR1995KAR2532; 1995(3)KarLJ383
ORDER1. A suit for recovery of a sum of Rs. 75,000/- was filed by the second respondent against the petitioner herein in the Court of the Principal Civil Judge, Mangalore. This suit was decreed for a sum of Rs. 86,475/-with interest at the rate of 10% p.a. by the judgment and decree of the trial Court dated 13-8-1992. Admittedly, no appeal has been filed against the judgment and decree aforesaid which has become final. 2. Execution proceedings, thereafter appear to have been filed by the decree-holder which were later transferred to the City Civil Judge's Court, Bangalore. The transferee Court issued an order of attachment on 10-6-1993 attaching 1/3rd of the salary payable to the petitioner exceeding Rs. 400/-. In obedience to the said direction, the first respondent-Bank started making deductions from July, 1993 onwards and has kept the amount so deducted in a suspense account. 3. Aggrieved by the deductions made by the first respondent-Bank, the petitioner has filed the present writ ...
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