Karnataka Court October 1999 Judgments
North West Karnataka Road Transport Corporation, Central Offices, Hubl ...
Court: Karnataka
Decided on: Oct-29-1999
Reported in: [2000(84)FLR761]; ILR1999KAR4588; 2000(1)KarLJ396; (2000)ILLJ667Kant
Acts/Rules/Orders:Industrial Disputes Act, 1947 - Sections 2-A, 9-C and 10(4-A);Industrial Disputes (Karnataka Amendment) Act, 1987Cases Referred:M/s. Avon Services Production Agencies Private Limited v. Industrial Tribunal, Haryana and Others, AIR 1979 SC 170, 1979-I-LLJ-1 (SC);Banavasi Vyavasaya Seva Sahakari Sangh Limited v. N.C. Bapat and Others, 1994(3) Kar.L.J. 508, ILR 1994 Kar. 2496JUDGEMENT Y. Bhaskar Rao, C.J.1. This appeal is filed by the KSRTC assailing the order of the learned Single Judge modifying the award of the Labour Court.2. Brief facts of the case are that the respondent-conductor was dismissed from service on 6-7-1977 after conducting a domestic enquiry. Thereafter, he made an application to the Government to make a reference of his dispute arising from his dismissal from service. The Government vide order dated 29-10-1986 refused to refer the matter stating that there is an inordinate delay.3. By amendment, Section 10(4-A) was incorporated in the Industrial Dispu...
Tag this Judgment!Regional Provident Fund Commissioner, Bangalore Vs. M/S. Dev Kran Pape ...
Court: Karnataka
Decided on: Oct-27-1999
Reported in: [2000(85)FLR251]; ILR2000KAR703; 2000(1)KarLJ1; (2000)ILLJ514Kant
Y. Bhaskar Rao, C.J.1. The Regional Provident Fund Commissioner who was the respondent in the writ petition, has preferred this appeal assailing the order of the learned Single Judge.2. The brief facts of the case are that the respondent herein challenged the order passed under Section 7-A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter for short. called the 'Act'). Originally, The Annapoorna Paper Mills was assessed under the Act. The said mill was closed on 28-9-1984. Subsequently, it defaulted the payment of loan which it had borrowed from the Karnataka State Financial Corporation (KSFC). On 1-10-1985, the KSFC, invoking power under Section 29 of the State Finance Corporation Act, 1981 took possession of the assets of the mills and sold the same. The respondent purchased the same on 18-6-1987 by deploying his own capital and after purchase of machineries, it started production. At that stage, the appellant initiated proceedings alleging that the...
Tag this Judgment!D. Thimmappa Sheika and Another Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Oct-27-1999
Reported in: 2000(1)KarLJ34
ORDER1. This review petition, from the order dated 20-3-1997 delivered by Hon'ble Mr. S. Rajendra Babu, J. and Hon'ble Mr. B.S. Sreenivasa Rao,J., in W.A. Nos. 1375 and 1376 of 1995, has been filed under Order 47. Rule 1 of the Code of Civil Procedure.2. We have heard Sri Shivaram Bhat, learned Counsel for the applicants/petitioners.3. This Court dismissed the appeals and passed the order 'that as respondent 2 is stated to have died on 6-10-1995, appeal had abated as against respondent 2. The contesting respondent having died, but legal representatives not having been brought on record. The matter having abated no relief can be granted to the appellants. Hence, the appeals are 'Dismissed'.' It is against this order, the review application has been filed.4. The learned Counsel for the applicant/petitioners submitted that the provisions of Order 22 do not apply to the writ proceedings or writ appeal so order impugned suffers from error of law apparent on record and made reference to the ...
Tag this Judgment!The General Manager, Karnataka State Road Transport Corporation, Centr ...
Court: Karnataka
Decided on: Oct-27-1999
Reported in: II(2000)ACC138; 2000ACJ1556; ILR2000KAR170; 2000(1)KarLJ537
ORDER1. Heard Sri Rajasekhar, learned Counsel for the petitioner regarding office objection. The objection is that the revision under Section 115 of the Civil Procedure Code directed against the order of the Motor Accidents Claims Tribunal is not maintainable in view of the decision of this Court in the Oriental Insurance Company Limited, Bangalore v Thibbegowda and Others.2. In this revision, respondents 1 and 2 in M.V.C. No. 413 of 1995 on the file of the II Additional Civil Judge (Senior Division) and M.A.C.T. at Dharwad have called in question the legality and correctness of the order dated 6-10-1998 awarding compensation of Rs. 9370/- to the claimant. Respondent 1 herein is the claimant.In Thibbegowda's case, supra, a learned Single Judge of this Court has held that a revision under Section 115 of the Civil Procedure Code against an order/award of the M.A.C.T. is not maintainable for the reason that Motor Accidents Claims Tribunal is not a 'Civil Court' or 'Court subordinate to Hi...
Tag this Judgment!Kum. C.P. Prathima Devi Vs. Medical Council of India, New Delhi and Ot ...
Court: Karnataka
Decided on: Oct-26-1999
Reported in: ILR2000KAR1159; 2000(3)KarLJ554
ORDER1. In this petition for a writ of certiorari, the petitioner calls in question the validity of an order issued by the respondent-Medical Council of India and the recommendations of Migration Sub-Committee declining permission to the petitioner to migrate from the Alameen Medical College, Bijapur to the Siddartha Medical College at Tumkur. A mandamus directing the respondents to permit the proposed migration has also been prayed for. The controversy arises in this following circumstances:The petitioner was selected by the CET Cell to undergo a five years MBBS Course in the Alameen Medical College at Bijapur as a merit candidate. She completed the 1st year of the said Course in December 1996 as is evident from the marks card issued by the University in May 1997. In September 1997, she appears to have made an application to the Medical Council of India seeking its permission to migrate from the Alameen College, Bijapur to Siddartha Medical College at Tumkur. The request was made on t...
Tag this Judgment!Raja Rajagopal and Another Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Oct-25-1999
Reported in: 2000(2)KarLJ181
ORDER1. It is a peculiar case in which the petitioners have sought refund of stamp duty and registration fee after registering the sale deeds in respect of the property purchased by them.2. The petitioners purchased lands bearing Sy. Nos. 46/B and 4-7/1 of Huliyar Village in Tumkur District. The sale deeds had been got registered after paying the requisite stamp duty and registration fee as prescribed in the Karnataka Stamp Act. Thereafter the petitioners claimed refund of the stamp duty and registration fee on the ground that since they purchased the properties for the construction of cinema theatre, the stamp duty and registration fee are exempted under Government Orders dated 3-6-1994 and Official Memorandum dated 10-12-1997. By the impugned endorsement at Annexure-J, dated 22-10-1998 the petitioners had been informed that since the deeds presented by them had already been registered, the stamp duty and registration fee claimed by them cannot be refunded. Seeking to set aside the sa...
Tag this Judgment!Shiva Rao G. Chandankeri and Another Vs. the Registrar, Gulbarga Unive ...
Court: Karnataka
Decided on: Oct-25-1999
Reported in: ILR2000KAR1180; 2000(2)KarLJ271
ORDER1.The petitioner in W.P. No. 24747 of 1993 has challenged the appointment of respondents 2 to 5 as Assistant Office Superintendents on the ground of several irregularities in the matter of selection.2. The petitioner in W.P. No. 18402 of 1993 has challenged the above said selection on the ground that the University has not reserved 30% of the posts vacant for women as per the Government Order.3. The University by notification dated 31-3-1992 called for applications to fill up four posts of Assistant Office Superintendents as per Annexure-A. As per the notification two posts were reserved for General Merit, one post for Group C and one post for Group D. The petitioners in both these petitions, respondents 2 to 5 and others filed application for appointment to the said post. The Board of Appointment constituted by the University as per Section 50 of the Karnataka State Universities Act, 1976 (for short, 'the Act') prepared the list of selected candidates on the basis of merit and su...
Tag this Judgment!Indian Overseas Bank Vs. H.S. Chandrashekar and anr.
Court: Karnataka
Decided on: Oct-25-1999
Reported in: AIR2000Kant173; [1999]98CompCas722(Kar); ILR2000KAR355
T. N. Vallinayagam, J. 1. Heard the respective counsel. 2. The Indian Overseas Bank is the petitioner aggrieved by the order passed on the application filed under Order 9, Rule 13 setting aside thedecree dated August 31, 1989 in 1997 at the instance of the surety, the second defendant on the ground that the surety signature had been forged on all the documents including the court records, suit summons as well as the bank records.3. The learned judge has chosen to accept the version of the surety and set aside the decree in its entirety. It is that order that is' challenged before me in this C. R. P.4. Basically, the order passed by the court below is not sustainable as the court has no jurisdiction to set aside the decree as against the first defendant, the main borrower. If at all, the decree can be set aside only as against the surety who has come forward with the grievance. On this ground alone this order has to be set aside.5. It appears from the facts that the suit was filed by th...
Tag this Judgment!State of Karnataka Vs. Ningappa Bhimappa Uppar and ors.
Court: Karnataka
Decided on: Oct-25-1999
Reported in: 2000CriLJ1757
M.F. Saldanha, J.1. The State of Karnataka has assailed the acquittal of original accused Nos. 1 to 7 through the present appeal. Original accused No. 1 died on 14-4-1996 and hence, the appeal against him has abated. We are effectively concerned with the remaining accused. The prosecution alleged that accused Nos. 1 to 7 formed an unlawful assembly on the morning of 21-7-1989 near the entrance gate of village Govinakoppa near the Tea Shop in which P.W. 16 Gurupadappa was working and that the accused were armed with axes and clubs and that they assaulted Yankappa, son of Bhimappa Uppar and that his brother Nagappa was also assaulted in the course of the same incident. The injured persons were taken to hospital and Yankappa died at about 9 p.m. on the same night whereas Nagappa survived. We need to record that Nagappa was not available to give evidence because even though he is the complainant, he died sometime before the trial. The learned trial Judge after a careful analysis of the evi...
Tag this Judgment!Hanumanthaiah S.R. Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Oct-15-1999
Reported in: ILR2000KAR143; 2000(4)KarLJ480
ORDER1. The petitioner herein had filed the instant writ petition with main prayer to issue a writ of certiorari or any other appropriate writ to quash the publication of the list of successful candidates in the election held on 15-5-1999 in pursuance of the Election Notification issued by the respondent 2-Returning Officer, copy as at Annexure-D to writ petition and to declare that the petitioner and the respondents 4 to 15 were duly elected to the Committee of Management of the respondent 3-Bank.2. I feel it necessary to advert to the facts of the case in brief, they are as hereunder.3. That the respondent 2 had held election to the committee of management of the respondent 3-Bank on 15-5-1999 and as per the election notification dated 23-4-1999 issued by the respondent 2, copy at Annexure-A to writ petition, 11 Directors from among the general members and one each from among the women and SC/ST members, in all 13 Directors had to be elected to the respondent 3-Bank. That the petitio...
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