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Karnataka Court December 1998 Judgments

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Dec 03 1998

National Insurance Company Limited, Gokak, Belgaum District Vs. Nyaya ...

Court: Karnataka

Decided on: Dec-03-1998

Reported in: 2000ACJ1445; [1999(82)FLR421]; ILR1999KAR854; 1999(6)KarLJ580

1. This is the insurer's appeal against the order passed by the Commissioner for Workmen's Compensation, Belgaum, questioning the findings.2. The brief facts of the case are as follows: That on 29-5-1986 the injured Nyaya Mathasab Ghouse Sab Muke, while driving the lorry of Sri Allamkhan Hussain Khan Rathan, it met with an accident near Sankeshwar and he sustained with grievous injuries resulting in the amputation of right hand ring finger and little finger and other grievous injuries to the palm and also injury to the middle finger. On account of the injuries suffered during the course of his employment, he filed an application before the Commissioner for Workmen's Compensation, Belgaum. The injured got himself examined as P.W. 1 and also examined the Doctor and produced Exts. P. 1 to P. 14 whereas, the owner of the lorry remained absent and the matter was contested by the Insurance Company. 3. The Commissioner for Workmen's Compensation considering the evidence and the documents prod...


Dec 03 1998

National Insurance Company Limited Vs. Nyaya Mathasab Ghouse Sab Muke ...

Court: Karnataka

Decided on: Dec-03-1998

Reported in: I(2000)ACC218

N.S. Veerabhadraiah, J.1. This is the insurer's appeal against the order passed by the Commissioner for Workmen's Compensation, Belgaum, questioning the findings.2. The brief facts of the case are as follows:That on 29.5.1986 the injured Nyaya Mathasab Ghouse Sab Muke, while driving the lorry of Sri Allamkhan Hussain Khan Rathan, it met with an accident near Sankeshwar and he sustained grievous injuries resulting in the amputation of right hand ring finger and little finger and other grievous injuries to the palm and also injury to the middle finger. On account of the injuries suffered during the course of his employment, he filed an application before the Commissioner for Workmen's Compensation, Belgaum. The injured got himself examined as P.W. 1 and also examined the doctor and produced Exts. PI to P 14 whereas, the owner of the lorry remained absent and the matter was contested by the Insurance Company.3. The Commissioner for Workmen's Compensation considering the evidence and the d...


Dec 02 1998

Bairy and anr. Vs. General Manager

Court: Karnataka

Decided on: Dec-02-1998

Reported in: ILR1999KAR2889; (1999)IIILLJ1383Kant

ORDERV. Gopala Gowda, J. 1. Since common facts, contentions urged and the law involved are common in these two writ petitions, they were heard together and disposed of by this common order.2. In these two writ petitions the petitioners, who are the employees of respondent Canara Bank, have challenged the impugned orders at Annexure-H and K. In Annexure-H punishment of stoppage of increment for a period of two years with cumulative effect has been imposed on both the petitioners. Annexure-K. is the intimation furnished to the petitioners informing dismissal of the appeals filed by them against the impugned orders at Annexure-H and the order of the Appellate Authority are also enclosed thereto.3. Elaborate statement of objections have been filed on behalf of the respondent Bank justifying the impugned orders.4. Arguments have been advanced by the learned counsel on either side in support of their respective cases. Since the matters revolve round the justification or otherwise of the impu...


Dec 01 1998

Venlon Polyester Film Limited, Mysore and Others Vs. Commissioner of C ...

Court: Karnataka

Decided on: Dec-01-1998

Reported in: 1999LC189(Karnataka); 1999(108)ELT23(Kar); 2000(3)KarLJ32

ORDER1. Jurisdiction of the Commissioner for Central Excise, Bangalore in issuing the show-cause notice dated 10-7-1998 have been assailed on the ground that there is no iota of evidence and therefore the notice is without jurisdiction.2. The petitioners are holding Central Excise Registration and are engaged in the manufacture of various grades of polyester chips, polyester films, overhead projection transparency film, in roll form as well as in sheet form classifiable under Chapter 39 of the Central Excise Tariff Act, 1985. A detailed classification declaration as per prescribed form under the Rule 173-B of the Rules was submitted on 12-10-1995. The items were classified under sub-heading 3926.90 of the Tariff Act. There had been number of correspondence thereafter and it is stated that the process carried on was examined and verified from time to time. It is pointed out that the commodity in question falls under Tariff Item No. 3921 if no grinding is done. The petitioner has develop...


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