Karnataka Court January 1996 Judgments
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Life Insurance Corporation of India and Other Vs. Ajit Gangadhar Shanb ...
Court: Karnataka
Decided on: Jan-05-1996
Reported in: 1998ACJ373; AIR1997Kant157; [1998]93CompCas933b(Kar); ILR1996KAR2078; 1996(5)KarLJ682
1. One Anil Gangadhar Shanbhag had taken out six policies of Insurance on his life for Rs. 15,000/-, Rs. 10,000/-, Rs. 10,000/-, 10,000/-, Rupees 10,000/- and Rs. 25,000/- on 21-9-72, 28-12-75, 28-12-75, 18-3-76, 20-3-76 and 10-8-78 respectively from the respondent -- Life Insurance Corporation of India and he died on 10-12-80. The claim made by the mother of the deceased for payment of the amount under the aforesaid policies taken out by the deceased, after his death, was repudiated or denied by the appellant on the ground that the deceased while filling-up the proposal forms for the policies, was guilty of fraudulent, misrepresentation and suppression of material facts, with regard to his health. The respondent filed a writ petition under Art. 226 of the Constitution before this Court in W.P. No. 16051 of 1984 seeking the following reliefs:-- '(i) Issue direction of writ to the respondents to produce the material on the basisof which the claim of the petitioner made on Policy Nos. 40...
Amar Giri Polytechnic Run by M/S. Maruthi Education and Seva Trust (Re ...
Court: Karnataka
Decided on: Jan-05-1996
Reported in: AIR1996Kant291; 1996(7)KarLJ237
ORDER1. The petitioner in this case originally approached this Court with a very limited grievance. According to them, the parent body which is running a polytechnic namely, Maruthi Education and Seva Trust had applied to the Government for permission to shift the institution from Arsikere to Bangalore. Tt is their case that the matter was pending before the concerned authorities ana that at one stage they have to even move this Court for appropriate directions. We are concerned with what had happened in the month of November, 1995 when an officer of the Education Department had communicated to the petitioner that as a special case, the 15 students would be permitted to take the ensuing examinations. The Secretary of the Board of Technical Education to whom the directions were communicated sent a reply dated 14-11-1995 pointing out to the petitioner that they should comply with three conditions none of which are of any consequence. The examinations were to commence on the very next day...
Ananda and ors. Vs. Karnataka Electricity Board and ors.
Court: Karnataka
Decided on: Jan-05-1996
Reported in: 1996(5)KarLJ533; (1999)IIILLJ1259Kant
ORDERV.P. Mohan Kumar, J. 1. The controversy to be adjudicated in these writ petitions relates to claim of equality prayed for by a group of workers who are working in a canteen attached to the office of the 1st respondent. The allegation runs as follows:2. The petitioners are working in the K.E.B. Canteen established by the 1st respondent for benefit of its employees numbering around 800 working in the K.E.B. office in Cauvery Bhavan. They claim that they are the lowest paid employees and their salary is not on par with other employees of the K.E.B. Since their numerical strength is negligible, they allege that no trade union is willing to sponsor their cause. The canteen is catering to the need of nearly 800 employees working in the premises of the 1st respondent in Cauvery Bhavan in Bangalore during the office hours. The petitioners allege that they have been working since 1985-86. According to the petitioners the canteen is being run by the 2nd respondent who is appointed by the 1s...
Ananda and ors. Vs. Karnataka State Electricity Board
Court: Karnataka
Decided on: Jan-05-1996
Reported in: ILR1996KAR2163
ORDERV.P. Mohan Kumar, J.1. The controversy to be adjudicated in these Writ Petitions relates to claim of equality prayed for by a group of workers who are working in a canteen attached to the office of the 1st respondent. The allegation runs as follows.2. The petitioners are working in the K.E.B. Canteen established by the 1st respondent for benefit of its employees numbering around 800 working in the K.E.B. Office in Cauvery Bhavan. They claim that they are the lowest paid employees and their salary is not on par with other employees of the K.E.B. Since their numerical strength is negligible, they allege that no trade union is willing to sponsor their cause. The canteen is catering the need of nearly 800 employees working in the premises of the 1st respondent in Cauvery Bhavan in Bangalore during the office hours. The petitioners allege that they have been working since 1985-86. According to the petitioners the canteen is being run by the 2nd respondent who is appointed by the 1st re...
Gangadhara J.P. and ors. Vs. the Director of Technical Education in Ka ...
Court: Karnataka
Decided on: Jan-05-1996
Reported in: ILR1996KAR2762; 1996(6)KarLJ570
ORDERM.F. Saldanha, J.1. These Writ Petitions which have been preferred by students who have obtained Diplomas in Mechanical Engineering, the first group having the subjects Automobile Engineering and the last one in Welding & Sheet Metal, a difficulty has arisen because the notification published by the Government under the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 does not permit them to obtain admission to the B.E. Mechanical Part time Course. These petitioners contend that having regard to the number of marks obtained by them, that they were straight away qualified for admission to these courses because the relevant regulations framed by the University would permit them to do so but that they have been disqualified only because of the notification in question. They have accordingly filed these petitions contending that the relevant provisions of the notification whereunder they have sought to be disqualified by abridging the eligibility criteria s...
Life Insurance Corporation of India and ors. Vs. Ajit Gangadhar Shanbh ...
Court: Karnataka
Decided on: Jan-05-1996
Reported in: I(2000)ACC54
S. Rajendra Babu, J.1. One Anil Gangadhar Shanbhag had taken out six policies of insurance on his life for Rs. 15,000/-, Rs. 10,000/-, Rs. 10,000/-, Rs. 10,000/-, Rs. 10,000/- and Rs. 25,000/- on 21.9.1972, 28.12.1975, 28.12.1975, 18.3.1976, 20.3.1976, and 10.8.1978 respectively from the respondent Life Insurance Corporation of India and he died on 10.12.1980. The claim made by the mother of the deceased for payment of the amount under the aforesaid policies taken out by. the deceased, after his death, was repudiated or denied by the appellant on the ground that the deceased while filling-up the proposal forms for the policies, was guilty of fraudulent misrepresentation and suppression of material facts, with regard to his health.2. The respondent filed a writ petition under Article 226 of the Constitution before this Court in W.P. No. 16051 of 1984 seeking the following reliefs:(i) Issue direction of writ to the respondents to produce the material on the basis of which the claims of t...
B.S. Lingaraju Vs. the Registrar, University of Agricultural Sciences, ...
Court: Karnataka
Decided on: Jan-03-1996
Reported in: AIR1997Kant12; ILR1996KAR1478; 1996(3)KarLJ143
ORDER1. This petition once again raises the question as to the correct interpretation of the term 'Agriculturist' or 'Childern of Agriculturists as defined in Section 7 of the University of Agricultural Sciences Act, 1963. Section 5(2) of the Act reads as follows :'5 (2) Subject to the proviso to sub-section (1) the State Government may direct that the University shall reserve in Colleges seats for women, the Scheduled Castes and the Scheduled Tribes, Agriculturists or the Children of Agriculturists who possess the minimum qualifications prescribed in this behalf and who pass such practical tests in Agriculture as the State Government may by order specify, Children and wards of freedom fighters, defence personnel and Ex-servicemen and such socially and educationally backward class of citizens as may be declared by the State Government in this behalf and where such direction has been given, the University shall make reservation accordingly. Explanation : For the purpose of this subsecti...
Subhan Khan Vs. J.H. Patel
Court: Karnataka
Decided on: Jan-03-1996
Reported in: AIR1996Kant232; 1996(1)KarLJ602
ORDER1. This Election Petition is filed for a declaration that the election of the Respondent Sri J.H. Patel, as void under Section 100(1)(c) of the Representation of the People Act, 1951 in respect of 158 Channagiri Legislative Assembly Constituency of 10th Karnataka Legislative Assembly General Election and to order repoll to that Constituency.2. The allegations in the petition are to the effect that the election to the 158 --Channagiri Legislative Assembly Contituency, Shimoga District, to fill the seat for the 10th Karnataka Legislative Assembly General Elections was held on 26-11-1994. The Returning Officer had published the calendar of events by issuing a public notice dated 24-10-1994 relating to Shimoga District. Similarly, the Returning Officer in Davanagere Legislative Assembly Constituency issued Calendar of Events for holding election to the said constituency. The petitioner had filed his nomination paper personally to contest the election in Davanagere Legislative Constitu...
Lal Bahadur Memorial English School, Bangalore Vs. State of Karnataka ...
Court: Karnataka
Decided on: Jan-03-1996
Reported in: AIR1996Kant335; 1996(3)KarLJ26
ORDER1. Heard the learned counsel for the petitioner Sri Basavaraj V. Sabarad and Sri U. L. Narayana Rao assisted by Sri M. B. Prabhakar, counsel for respondent No. 5 as well as A. V. Sreenivasa Reddy, learned Addl. Government Advocate. 2. The petitioner has filed this petition under Article 226 of the Constitution of India with a prayer to the effect that this Court may be pleased to issue a writ of certiorari or an order or direction in the nature of writ of certiorari quashing the impugned order bearing No. ED 273 PGC 89 dated 23-8-1991, copy of which is annexed as Annexure No. R to the writ petition. The petitioner has also prayed for issuance of writ of mandamus or order or direction in the nature of writ of mandamus directing the respondents to delete the word 'Cholur Palya' from the Order No. 288 PGC 288 87 D/- 28-9-1987, copy of which is Annexure 'B' to the writ petition. The petitioner's case is that the petitioner-institution is known as Lal Bahadur Memorial English School' w...
Miss. Sumana Arora Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Jan-03-1996
Reported in: ILR1997KAR1334
ORDERM.F. Saldanha, J.1. The petitioner, Ms. Suman Arora is a Medical student and is also a national level tennis player of some proficiency. She had applied for admission to the Medical College in the year 1994 for the M.B.B.S. Course and had subsequently sought admission under the free seats that are available to sports persons of outstanding merit. In the meanwhile, since she is also a merited student she was granted admission to the M.S. Ramaiah Medical College at Bangalore on payment of the prescribed fees which admission was accepted. On that very day she received an intimation that she had been selected for one of the free seats under the Sports Category and was therefore asked to complete the requisite formalities. Pursuant to this, the authorities allotted her a free seat at the Medical College at Gulbarga. The petitioner represented against this allotment by pointing out that she is a tennis player who has taken part in tournaments at the national level that the coaching faci...
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