Karnataka Court September 1998 Judgments
Chief Secretary, Zilla Panchayat, Bidar Vs. Anandabai and Another
Court: Karnataka
Decided on: Sep-16-1998
Reported in: 1999(5)KarLJ416
1. Heard the learned Counsel for the appellant.2. The only submission that has been made is, compensation awarded is excessive.3. This is a case where the death has taken place on account of rash and negligent driving by the driver of the appellant. The claimant has claimed compensation to the tune of Rs. 2 lakhs. The Tribunal has considered it by considered order awarding in total a sum of Rs. 1,01,200-00 in total as compensation. The amount awarded does not appear to be on the higher side nor does it appear to be excessive. It might have been a case where the claimant should have filed an appeal. Anyway, the amount not being excessive, this point has got no force.4. On behalf of the appellant, it was further contended that the vehicle was driven by the driver without seeking permission of the appellant. This involves a question of fact. This plea has not and does not appear to have been raised before the Claims Tribunal nor any issue have been pressed before the Claims Tribunal. The ...
Tag this Judgment!Bhalachandra Krishnaji Kale Vs. the Karnataka State Road Transport Cor ...
Court: Karnataka
Decided on: Sep-16-1998
Reported in: [1999(81)FLR330]; ILR1999KAR178; 1998(6)KarLJ207; (1999)ILLJ932Kant
ORDER1. Facts lie in a narrow compass and are not in serious dispute. Petitioner was an employee officer of the Karnataka State Road Transport Corporation, herein after referred to as the respondent-Corporation. After attaining the age of superannuation, he retired from service on 28-2-1993. It is not in dispute the applicability of gratuity laws to the respondent-Corporation. On the respondent's own showing, there was no disciplinary enquiry held against the petitioner or was pending at the time of petitioner's retirement from service.2. It is also not in dispute that prior to petitioner's retirement from service, respondents had not permitted the petitioner to avail the leave standing to his credit and therefore in terms of the circular issued by the Corporation dated 12-11-1980, he is entitled to receive the cash benefit of the earned leave.3. It is asserted in the petition that petitioner was paid all the retirement benefits except the amounts payable under the head gratuity and en...
Tag this Judgment!B.K. Annappa Vs. the Urban Development Authority, Hassan and Others
Court: Karnataka
Decided on: Sep-16-1998
Reported in: ILR1999KAR1147; 1998(6)KarLJ310
ORDER1. The petitioner has approached this Court for quashing the communication dated 16-6-1998 (Annexure-A) of the Secretary, Urban Development Department, (respondent 3) to the Commissioner, Hassan Urban Development Authority, (respondent 1) intimating him to cancel the Official Memorandum dated 27-3-1998 (Annexure-D) according sanction to appoint the petitioner for 'Group D' post with effect from 24-3-1998. His further prayer is to regularise his services in the respondent-Urban Development Authority (in short 'Authority').2. Statement of objections have been filed on behalf of the State Government and the Authority. Apart from this, as directed by this Court, the Commissioner of the Authority has also brought on record certain facts through his personal affidavit.3. According to the Authority, for execution of certain developmental projects undertaken by it during the year 1992-93, it had employed persons like the petitioner on contract or daily wages basis as 'Group D' employees f...
Tag this Judgment!Keshavappa Vs. the Assistant Commissioner, Chitradurga Sub-division, C ...
Court: Karnataka
Decided on: Sep-16-1998
Reported in: 1998(6)KarLJ526
ORDER1. Heard the arguments of both sides for final disposal of the petition at the stage of admission itself.2. It is not in dispute that the Government land measuring 4 acres 33 guntas bearing New Sy. No. 886 (Old Sy. No. 604) of Kasavanahalli Village, Chitradurga Taluk, was granted under dharkhast to the late father of respondent 3 ('R3' for short) named Channappa on 28-3-1956 as he was a member belonging to Scheduled Caste. After his death, R3 sold the said land to petitioner on 12-12-1992 under a Registered Sale Deed. Thereafter, he made an application to R1-Assistant Commissioner seeking resumption of the land under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ('the PTCL Act' for short). R3's said application was taken on R1's file in Case No. SC PTL/CTA/124 of 1996-97. After enquiry, R1 passed the impugned order dated 29-7-1997, the copy whereof is pro-duced as Annexure-D, allowing R3's application holding ...
Tag this Judgment!Kirloskar Electric Co. Ltd. Vs. State of Karnataka
Court: Karnataka
Decided on: Sep-15-1998
Reported in: AIR1999Kant60; [1999]114STC460(Kar)
Ashok Bhan, J. 1. Important question which falls for consideration in these petitions is whether the notification issued by the State Government in exercise of powers conferred by Explanation II to Entry 16B of the Schedule to Karnataka Tax on Entry of Goods Act, 1979, is impliedly repealed or rendered ineffective with the amendment of the Act by the Legislature by introducing an entry in the Explanation II of Entry 16-B of the Schedule retaining raw materials while excluding component parts and inputs made out of raw materials, to which the exemption was given by the notification.2. This order shall dispose of these appeals relating to assessment years 1986-87, 1987-88, 1988-89 and 1989-90. In all these appeals common questions of law and fact are involved and therefore being disposed of by a common order as has been done by the authorities below. 3. Petitioner herein is a Company registered under the Companies Act, 1956 and is engaged in the business of manufacturing Electrical Goods...
Tag this Judgment!Mahadev Textile Mills Vs. State of Karnataka
Court: Karnataka
Decided on: Sep-15-1998
Reported in: [2001]122STC256(Kar)
ORDERS.R. Venkatesha Murthy, J.1. The short point for consideration in this revision is, whether unginned cotton comes within the ambit of cotton under entry 6 of the Fourth Schedule of the Karnataka Sales Tax Act, 1957.2. The petitioner was a registered dealer under the Karnataka Sales Tax Act, 1957 (hereinafter called 'the Act'), a composite mill having the facility of ginning, pressing, spinning, weaving and processing sought to question the assessment for the assessment years 1985-86 and 1986-87 on the ground that the unginned cotton or 'capas' do not come within entry 6 of the Fourth Schedule. The claim has been negatived throughout in the appeals provided under the Act.3. Entry 6 of the Fourth Schedule of the Karnataka Sales Tax Act reads as follows :'6. Cotton, that is to say, all kinds of cotton (indigenous or imported) in its unmanufactured state, whether ginned, baled, pressed or otherwise but not including cotton waste.'From a reading of the entry, it becomes clear that what...
Tag this Judgment!Officers of the State Bank of India Vs. State Bank of India
Court: Karnataka
Decided on: Sep-14-1998
Reported in: (1999)IILLJ988Kant
ORDERV. Gopala Gowda, J. 1. The petitioner-association which is a registered union under the provisions of the Trade Unions Act, 1926, with a view to safeguard the interest of its members, have filed this writ petition challenging the legality and validity of the circular bearing No. PA/CIR/4 dated February 5, 1992, Annexure-B issued by the Respondent-Bank represented by the Deputy Managing Director (Perosnnel), insofar as it relates to denial of lodging/boarding charges to the defence representatives and defence witnesses as illegal, null and void and without jurisdiction and the same is violative of the fundamental rights guaranteed to the employees of the Bank under Arts. 14, 16 and 21 of the Constitution of India and, further violation of the principles of natural justice.2. This writ petition has been filed by the petitioner with the prayers just above by urging the following legal contentions:It is stated that the petitioner Association the Officers' federation has got the member...
Tag this Judgment!Dr. (Mrs.) Sita Bhateja, Nursing Home (Trust), Bangalore Vs. the Presi ...
Court: Karnataka
Decided on: Sep-11-1998
Reported in: 1999(4)KarLJ220; (1999)IILLJ1194Kant
ORDER1. Having not been paid closure compensation, one month's salary and bonus, the 2nd respondent herein filed an application under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter called the 'Act') before respondent 1. It was submitted that closure compensation amounting to Rs. 925/- from 1-6-1973 to 1-8-1978, balance of pay of Rs. 50/- for the month of July 1978, one month's salary in lieu of notice of Rs. 250/-, bonus at 20% from 1-6-1973 to 1-9-1980 amounting to Rs. 4,990/-, leave wages for 30 days from 1973 to 1978 amounting to Rs. 400/-, unpaid salary from 1-9-1980 to 14-9-1980 amounting to Rs. 125/-and double wages for national and festival holidays for the years 1977-78 and 1979-80 amounting to Rs. 313/- had not been paid to the said respondent despite closure of the Dispensary in which he was serving. The claim of respondent 2 was denied by the appellant submitting that he was rendering professional service as a Doctor in the dispensary only for few hours in...
Tag this Judgment!Adivasi Shikshana Prasaraka Mandal, Aurad(B), District Bidar Vs. State ...
Court: Karnataka
Decided on: Sep-11-1998
Reported in: 1999(5)KarLJ26
ORDER1. The petitioner is a society registered under the provisions of the Karnataka Societies Registration Act. It had established a Primary School at Exemba during the year 1987-88. The approval for establishing the said Kannada Primary School at Exemba was granted under the memorandum dated 29-5-1987/1-6-1987 (Annexure-A). Clause 9 of the said memorandum provides that schools are entitled to grant-in-aid as per the Government Order No. ED 87 PBC 85, dated 18-4-1985. But, keeping in view the Order No. ED 26 SEP 96, dated 8-2-1996 (Annexure-H), the Government was not inclined to admit the petitioner's school to grant-in-aid. Accordingly, the present writ petition has been filed for quashing the order at Annexure-H with a further prayer for directing the respondents to admit the petitioner's institution, to grant-in-aid.2. It appears that in view of the Government Order Nos. ED 155 PSEP 74, dated 3-6-1977, ED 72 TPU 82, dated 5-1-1984 and ED 92 MES 86, dated 4-7-1986 (Annexure-C), Educ...
Tag this Judgment!Smt. Dyamawwa Vs. the Assistant Commissioner, Lingsugur Sub-division, ...
Court: Karnataka
Decided on: Sep-11-1998
Reported in: ILR1999KAR386; 1999(5)KarLJ105
ORDER1. By an order under Section 85 of the Karnataka Land Reforms Act, 1961 ('Act', for short) at Annexure-C, the 1st respondent-Assistant Commissioner has concluded that the lands of the petitioners specified therein are taken over to the State Government for violation of Section 85 of the Act. The said Annexure-C is called in question in these writ petitions under Articles 226 and 227 of the Constitution. 2. The procedure followed by the Assistant Commissioner leading to passing of the above said order at Annexure-C was this: The Assistant Commissioner first issued a notice on 22-10-1991, to which, the petitioners promptly replied that the lands are their ancestral property, that they were very much cultivating the said lands and that some one on inimical terms must have given wrong information. The Tahsildar then, as at Annexure-A dated 26-2-1993, gave them notice that they had violated the provisions of the Act and that they should show cause within 7 days or else further steps wi...
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