Karnataka Court January 1998 Judgments
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Karnataka Electricity Board, Bangalore Vs. Pyare Jan and Others
Court: Karnataka
Decided on: Jan-13-1998
Reported in: [1998(79)FLR909]; ILR1998KAR1827; 1998(3)KarLJ462; (1999)ILLJ715Kant
ORDER1. The award of the Labour Court, Bangalore dated 7-7-1994 at Annexure-A, by which the reinstatement of two workmen, namely respondents 1 and 2, is directed with full back wages, with continuity of service and other consequential benefits, is sought to be quashed in this writ petition under Articles 226 and 227 of the Constitution by the employer Karnataka Electricity Board (KEB).2. The services of respondents 1 and 2, working at the relevant time as temporary meter readers, came to be terminated with effect from 25-5-1986. The workmen raised an industrial dispute in that regard, and the Labour Court found on facts that Section 25-F of the Industrial Disputes Act, 1947 (Act, for short) had not been complied with in full. Hence the impugned award.3. There was an attempt of complying with Section 25-F of the Act. But, apart from the fact that notice-period wages and compensation payable under clause (b) of Section 25-F did not come to be paid on the very day of termination which hap...
G.V. Subba Rao Vs. Tahsildar, Chickkaballapur Town, Kolar District and ...
Court: Karnataka
Decided on: Jan-13-1998
Reported in: ILR1998KAR2371; 1998(3)KarLJ413
Acts/Rules/Orders:Karnataka Village Offices Abolition Act, 1961 - Sections 2(1), 3, 4, 5, 6 and 7;Karnataka Village Offices Abolition Rules, 1965 - Rules 4 and 5;Karnataka Village Offices Abolition (Amendment) Act, 1978 - Section 1JUDGEMENT Mohamed Anwar, J.1. We have heard the arguments of the learned Counsel on both sides.2. Certain undisputed facts giving rise to this appeal are as stated under:Various extents of lands in Sy. Nos. 150, 30, 154 and 78 situate in the villages Arikere and Musthur of Chickballapur taluk, Kolar District were the service mam lands attached to the village office of Shanbhog of Musthur Village. One Gopala Rao was the original Barawardar i.e., the holder of the said office. He had three children by name Lakshmamma, Narayana Rao and Lakshmidevamma. Narayana Rao pre-deceased him leaving behind his son Suryanarayana Rao. After the death of Gopala Rao, Suryanarayana Rao was directed by the concerned Revenue Authority to take charge of the said village office but...
K.A. Prabhakar Vs. the Bangalore Development Authority, Bangalore and ...
Court: Karnataka
Decided on: Jan-12-1998
Reported in: 1999(2)KarLJ555
ORDER1. Heard the learned Counsel for the petitioner Sri Subhash B. Adi as well as Sri N.K. Patil for respondent 1, Sri T.S. Ramachandra for respondent 2 and Sri M. Shivappa for respondent 3, in the writ petition.2. By this petition, the petitioner has sought the issuance of writ of prohibition or writ or order, in the nature of writ of prohibition, prohibiting respondent 1 from according sanction for conversion of the road into a site existing in between Site Nos. 10 and 11, in the layout as recommended by the Assistant Executive Engineer, as per Annexure-C to the writ petition. The petitioner has further prayed for issuance of writ of mandamus directing respondent 1 namely the Bangalore Development Authority, to demolish any construction or Civil Works that may have been taken up in the disputed Site No. 10-A, by respondent 3 to the writ petition and to retain Site No. 10-A in its existing position as a road for the use of the petitioner as well as other persons in the locality. He p...
Haji Ebrahim Sait Wakf, Chennai Vs. M/S. Mogra Trading Company Limited ...
Court: Karnataka
Decided on: Jan-12-1998
Reported in: ILR1998KAR1028; 1998(3)KarLJ269
ORDER1. Heard the learned Counsel for the petitioner and the learned Government Pleader, who takes notice on the directions of the Court for respondent 2.2. In this petition the order dated 16-12-1996 passed by the Rent and Accommodation Controller, East Range, Bangalore, in Case No. HRC(E) FR. 6 of 1995 rejecting the contention of the petitioner that the premises in question belongs to a Wakf Board called Haji Ebrahim Sait Wakf and so the provisions of the H.R.C. Act were not applicable, has been challenged.3. Respondent 1-M/s. Mogra Trading Company Limited, which has been a tenant of a portion of I Floor of premises No. 98, Ebrahim Residency Road, Civil Station, Bangalore, under the present petitioner Haji Ebrahim Sait Wakf, filed a petition for fixation of fair rent.4. The present petitioner pleaded that it was a wakf property and so the provisions of the Karnataka Rent Control Act were not applicable.5. The plea of the present petitioner was rejected on the ground that the petition...
Mysore Stoneware Pipes and Potteries Limited, Bangalore Vs. State of K ...
Court: Karnataka
Decided on: Jan-12-1998
Reported in: [1998(79)FLR422]; ILR1998KAR1060; 1998(3)KarLJ261
ORDER1. The petitioner-employer, in this writ petition under Article 226 of the Constitution, seeks quashing of Annexure-A by which the 1st respondent-State Government referred the dispute to the Additional Labour Court, Bangalore, under Section 10(1)(c) of the Industrial Disputes Act, 1947 ('Act' for short) for adjudication.The industrial dispute relates to the termination of services of two workmen-respondents 2 and 3.2. The points of reference at Annexure-A are two: one is as to whether the termination of services of respondents 2 and 3 with effect from 10-5-1982 is justified; the second point is, if so, that is, if the termination is justified, then, bearing in mind the delay of 9 years in raising the dispute, what relief could be given to the workmen concerned.3. There is no doubt that there has been inordinate delay on the part of respondents 2 and 3, the workmen concerned, in raising an industrial dispute. They are guilty of this delay and latches on their part in spite of havin...
Smt. Venkubai (Deceased) by L.Rs Vs. the Assistant Commissioner, Sedam ...
Court: Karnataka
Decided on: Jan-12-1998
Reported in: 1998(5)KarLJ171
1. The plaintiffs L.Rs are aggrieved by the judgment of the First Appellate Court which has dismissed the appeal filed by the defendants as infructuous, inasmuch as, the injunction prayed for and granted by the Trial Court is personal in character and after the death of the plaintiff the injunction has become infructuous. 2. Raising a question of law as to whether the right to sue in an injunction suit survives to the L.Rs of the plaintiff, this second appeal is preferred. 3. The lands of an area of 26 acres 14 guntas in Sy. No. 66 and 28 acres 17 guntas in Sy. No. 67 were claimed to be in possession and ownership of the plaintiff. Form 11 was filed before the Tribunal and by the order dated 26-5-1984, the Tribunal held that 32 acres 35 guntas out of the holding was in excess and the same should be surrendered. A notice to this effect was issued by the Special Tahsildar, Land Reforms on 7-6-1984. The plaintiff responded by submitting a proposal dated 11-6-1984 proposing to surrender 15...
United India Insurance Company Limited, Belgaum Vs. Smt. Vanitha Nanda ...
Court: Karnataka
Decided on: Jan-12-1998
Reported in: 1999ACJ1276; ILR1999KAR1006; 1999(5)KarLJ487
1. This appeal is directed against the judgment and award dated 7-8-1997 passed in MVC No. 1035 of 1994 by the MACT, Saundatti. 2. The deceased -- Nandakumar Gurav was the driver of the jeep bearing No. MH-10-366. He died in the accident that took place on 26-4-1994 and the Tribunal has awarded the compensation of Rs. 4,41,000.3. The appellant has challenged the quantum of this compensation stating that it is on the higher side and the income of the driver was not taken properly. On the other hand Mr. Hiremath, learned Counsel for the respondents supported the judgment and award passed by the Tribunal. In view of this submission, the judgment is perused. 4. Mr. O. Mahesh, learned Counsel of the appellant submitted that although the Tribunal has rightly disbelieved the income of the deceased as Rs. 4,700/- per month, it has wrongly fixed the income of the driver-deceased at Rs. 3,000/- p.m. In addition to this, he is of the view that the Tribunal has excessively given compensation under...
irappa Vs. State of Karnataka
Court: Karnataka
Decided on: Jan-09-1998
Reported in: 1998(2)ALT(Cri)152; 1998CriLJ1806; ILR1998KAR1387; 1998(3)KarLJ251
M.F. Saldahna, J.1. This appeal is one more of the distressing cases wherein a young wife has lost her life due to burn injuries. The accusedbefore us is the husband and the prosecution, as invariably happens, contended that the relationship between the spouses was not good that there were frequent quarrels between them and that on the date of the incident i.e. 7-10-1995 around dinner time, one more such verbal altercation had taken place. Pursuant to this, it is alleged, that the accused-husband doused the clothes of the deceased-wife with kerosene oil and set fire to the clothes by means of a match stick. The wife Gangavva undoubtedly screamed out in pain which resulted in the congregation of several persons there. The flames were ultimately put off and Gangavva who was badly burnt was taken to the Primary Health Centre. She was treated there but the Doctor found her condition to be serious. The police were informed and Gangavva was thereafter taken to the hospital at Haveri. In the ...
Syed NazmuddIn Vs. N.S. Krishna Murthy
Court: Karnataka
Decided on: Jan-08-1998
Reported in: 1998(4)KarLJ110
ORDER1. The respondent herein filed an eviction petition against the petitioner herein on various grounds, important of them being that the premises in occupation of the tenant is required for his son to start a Small Scale Industry; That the tenant has acquired suitable alternative premises; This petition was resisted by the tenant by filing a detailed objection statement, denying generally all the petition averments including the ground of eviction viz., that the premises is required for landlord's own use; Besides the above, the tenant objected, for the landlord in including the adjoining open space, also as the 'petition schedule premises', as the same belonged to him. On the basis of the pleadings, the parties went to trial and adduced evidence; The landlord in support of his case examined himself besides examining his son and three more witnesses, he also produced about 55 documents; Similarly the respondent had examined himself and produced about 15 documents. The learned Judge ...
India Brewery and Distillery Limited, Bangalore and Others Vs. Shaw Wa ...
Court: Karnataka
Decided on: Jan-08-1998
Reported in: 1999(1)ALT(Cri)123; 1998CriLJ3759; ILR1999KAR1506; 1998(4)KarLJ752
ORDER1. The three petitioners herein are accused 1 to 3 in C.C. No. 8080 of 1955, before the learned Magistrate who have sought for quashing of entire criminal proceedings therein against them initiated on the private complaint of respondent presented before the learned Magistrate under Section 200, Cr. P.C. alleging commission of offences punishable under Sections 405, 415 and 420 of IPC. They have also challenged the order dated 5-4-1995 of the learned Magistrate taking cognizance of the offence under Sections 406 and 420 of the IPC against them on the said complaint and directing issue of process to them.2. The petitioners are hereinafter referred to as 'al', 'A2' and 'A3' and the respondent is henceforth called the 'complainant'.3. A few facts emerging from the material on record giving rise to this petition are as under:4. The complainant and accused are involved in the trade of liquor. Under Ex. P-2 contract dated 17-6-1992 entered into between them it was agreed by A1 that he sh...
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