Karnataka Court March 1999 Judgments
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Employees' State Insurance Corporation, Bangalore Vs. M.P. Mohammed Al ...
Court: Karnataka
Decided on: Mar-26-1999
Reported in: 1999(1)ALD(Cri)856; 1999(2)ALT(Cri)456; 1999CriLJ3082; ILR1999KAR2701; 1999(5)KarLJ642; (1999)IILLJ911Kant
S.R. Bannurmath, J.1. This appeal is filed by the Employees' State Insurance Corporation challenging the judgment of acquittal dated 30-6-1993 passed by the Special Court for Economic Offences, Bangalore, in C.C. No. 1098 of 1992 acquitting the respondent of the offence under Section 85(e)(ii) of the Employees State Insurance Act, 1948 (hereinafter referred to as the 'Act'),2. The brief facts are: The respondent is the proprietor of M/s. Grand National Hotel, N.R. Road, Bangalore. The establishment of the respondent is governed by the Act. As per Section 40(1) of the Act read with Regulations 31 and 26 of the Employees' State Insurance (General) Regulations, 1950 (hereinafter referred to as the 'regulations'), the respondent was required to pay contributions of both employers and employees within 21 days following the last date of calendar month (for the period ending 30-9-1991) and submit the return of the contributions in Form 6 within 42 days of the end of the contribution period to...
S. Nachimuthu Gounder and Others Vs. H.B. Nagaraju and Others
Court: Karnataka
Decided on: Mar-26-1999
Reported in: ILR1999KAR250; 1999(6)KarLJ1
Y. Bhaskar Rao, C.J. 1. This appeal is filed assailing the order of the learned Single Judge dismissing the writ petition. The brief facts of the case are.-- Respondent 2 who belong to Korama Caste resides in Shagya Village of Kollegal Taluk, Mysore District. He was granted 5 acres 46 cents of land in Sy. Nos. 661/2C, 661/3B and 663/1B vide grant order dated 16-10-1963 with a non-alienation clause. Thereafter, 2nd respondent alienated the land in favour of the appellant. After the commencement of the Karnataka SC/ST (Prohibition of Transfer of Certain Lands) Act, 1978, respondent 2 and his son respondent 1 filed an application for restoration of the land by declaring the sale as null and void. The Assistant Commissioner, after issuing notice to the appellant and after conducting an enquiry allowed the application and ordered restoration of the land. That order was challenged in W.P. No. 16667 of 1973 before this Court on the ground that the grantee was not a member belonging to Schedul...
Doddanarsimha Reddy Vs. the Secretary, Karnataka State Election Commis ...
Court: Karnataka
Decided on: Mar-25-1999
Reported in: ILR1999KAR2831; 2000(1)KarLJ487
ORDER1. The petitioner, in this petition, is a member of Gudibande Taluk Panchayat elected under the reserved category Backward Class 'B'.2. In this petition, the petitioner has prayed for quashing the notification dated 28th of December, 1998, a copy of which has been produced as Annexure-G, insofar as it relates to reservation of a post of the office of Adhyaksha for a person belonging to General (Woman).3. Sri A. Shivaram, learned Counsel appearing for the petitioner, in support of the prayer of the petitioner that the impugned notification to the extent it is challenged, is illegal and liable to be quashed, made three submissions. Firstly, he submitted that in none of the Taluk Panchayats in the District of Kolar, a seat has been reserved for a person belonging to Backward Class 'B' to the office of Adhyaksha of the Taluk Panchayat (hereinafter referred to as 'the Panchayat') and, therefore, the reservation made to the office of Adhyaksha for a person belonging to General (woman) i...
Smt. Usha Satish Vs. the Board of Directors, the Lakshmi Vilas Bank Li ...
Court: Karnataka
Decided on: Mar-25-1999
Reported in: 2000(1)KarLJ515
ORDER1. Petitioner, now dismissed from service, had joined the services of the respondent Lakshmi Vilas Bank Limited, Karur as a Clerk. Immediately after such appointment, she was posted to work at Jayanagar Branch, Bangalore. Taking into consideration her seniority and also good work carried out by her, petitioner was granted promotion first in the year 1991 and thereafter in the year 1992 as an Officer in the Bank.2. Petitioner was serving in the respondent-Bank as an Accountant (on deputation) at Bangalore Main Branch. While working in the said Branch, she was served with a letter dated 17-2-1993 containing certain acts of omissions and commissions said to have been committed by her while working as Accountant in the City Market Branch of the respondent-Bank. By her letter dated 12-3-1993, petitioner accepts her mistakes and pleads for mercy. Competent Authorities of the respondent-Bank not being satisfied with the explanation offered had issued a charge memo dated 26-4-1993 contain...
H.R. Sundera Murthy and Another Vs. State Government of Karnataka, Foo ...
Court: Karnataka
Decided on: Mar-25-1999
Reported in: ILR1999KAR1805; 1999(2)KarLJ525
ORDER1. This petition is filed in 'Public Interest' under Articles 226 and 227 of the Constitution of India by the petitioners, who are practicing Advocates praying for a writ of mandamus to declare the appointment of 2nd and 3rd respondents as the Presidents to the Consumer Dispute Redressal Forums of Bangalore Rural District and Karwar District, as void, illegal and unconstitutional.2. Respondents 2 and 3 were appointed as Presidents of Consumer Dispute Redressal Forums known as 'District Forums of Bangalore Rural District, Bangalore and Karwar District' respectively by the first respondent in Government Notification No. ANS 74 SLF 98, dated 1-7-1998 exercising powers under Section 10(1) of the Consumer Protection Act, 1986 (in short, 'the Act'). According to the petitioners, respondents 2 and 3 are not qualified to be appointed as Presidents of the District Forums since they have not held the office of the District Judge at any time. Respondent 2 had joined service in this Court as ...
Babu Mother Savavva Navelgund and ors. Vs. Gopinath
Court: Karnataka
Decided on: Mar-25-1999
Reported in: AIR2000Kant27; ILR1999KAR3129
Bharuka, J.1. This appeal is filed by defendants Nos. 1 and 8 to 15. They are aggrieved by the part of the impugned Judgment and decree of the Trial Court by which certain transactions of gift and sales effected by late Shivamurthappa, being the adoptive father of the plaintiff (Respondent herein) as illegal and void and has granted consequential reliefs of permanent injunction in respect of gifted properties and possession in respect of sold properties with future mesne profits from the date of the suit.2. It is not in dispute that the suit properties were ancestral in nature in the hands of late Shivamurthappa which he got in 1941 as a consequence of family partition. He adopted the plaintiff on 1-11-1957 under a registered deed of adoption after observing the customary ceremonies. Subsequently on 3-4-1979 Shivamurthappa died. His wife had died much earlier to the date of adoption of the plaintiff. He had kept the mother of the first defendant as concubine in his house.3. It also bea...
B.P.L. Group of Companies Karmikara Sangha (Registered), Bangalore Vs. ...
Court: Karnataka
Decided on: Mar-24-1999
Reported in: 2001(2)KarLJ329; (2000)ILLJ71Kant
1. The petitioner is a trade union registered under the Trade Unions Act, 1926 (hereinafter referred to as 'the Act'). It has filed this writ petition being aggrieved by the impugned show-cause notice at Annexure-G bearing No. ALC-II/TUA/CR-3/98-99, dated November 25, 1998 issued to it by the 2nd respondent-Deputy Registrar of Trade Unions, Bangalore Division-II, who is also the Assistant Labour Commissioner, calling upon the petitioner-union to show cause as to why the certificate of registration of the union should not be withdrawn.2. The facts leading to the issuance of the impugned show-cause notice are briefly stated as under-The petitioner-union has submitted an application as per Annexure-A series before the 2nd respondent to register it as a trade union under the Act along with its constitution/bye-laws. After verifying and being satisfied with the same, the 2nd respondent has registered the petitioner-union on June 10, 1998 and issued the Certificate of Registration as per Ann...
Lawerence Mendonsa Vs. the Assistant Commissioner, Kundapura, Dakshina ...
Court: Karnataka
Decided on: Mar-24-1999
Reported in: 2000(4)KarLJ292
ORDER1. This petition is directed against the order dated 27-5-1998 in C.DIS.REV.SR.1/87-88 passed by the respondent 1, the Assistant Commissioner, Kundapura, copy at Annexure-B to writ petition, confirming the order of grant dated 15-6-1972 made by the respondent 3, the Tahsildar, Karkala, copy at Annexure-A to writ petition, order dated 12-1-1993 in case No. RAP. 83 of 1989-90 passed by the respondent 2, the Special Deputy Commissioner in the second appeal, copy as at Annexure C to writ petition. Confirming the order dated 7-8-1996 in Rev.43 of 1993 dismissing the revision petition of the petitioner and lastly the order dated 7-8-1996 in Revision Petition No. Rev. 43 of 1993, copy as at Annexure-D to writ petition, passed by the Karnataka Appellate Tribunal, the respondent 4 herein. Besides the petitioner had also challenged the original order dated 15-6-1972 in No. DIS. FDR 709/71-72 passed by the respondent 3, the Tahsildar, Karkala, copy as at Annexure-A to writ petition.2. I hear...
Medical Council of India, New Delhi Vs. J.N. Medical College, Belgaum ...
Court: Karnataka
Decided on: Mar-24-1999
Reported in: ILR1999KAR1961; 1999(5)KarLJ1
Y. Bhaskar Rao, C.J. 1. The Medical Council of India (hereinafter, for short, 'MCI') has filed this appeal assailing the judgment of the learned Single Judge disposing of the writ petition filed by respondent 1-college with certain directions.2. The brief facts of the case are that respondent 1-college was started in the year 1963-64. In the year 1985-86 the college had increased the seats up to 130 and the same was approved by the MCI. Thereafterwards, up to 1-6-1992 the seats in the college were increased from 130 to 175 and 175 to 195. The college had applied for approval of the said 195 seats to the MCI. An inspection was made on behalf of the MCI regarding the infrastructure of the college and they had suggested for remedying the defects pointed out by them, by upgrading the standards according to the norms provided by the MCI. Thereafter, further inspections were made and the Inspectors of the MCI inspected the college and gave the report, stating that the college has got all the...
Harisingh Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Mar-24-1999
Reported in: 1999(6)KarLJ86
ORDER1. An application seeking grant of a quarrying lease in respect of 20 guntas of land in Sy. No. 224 of Minajagi Village in Muddebihal Taluk, Bijapur District was filed by the petitioner with the Deputy Director of Mines and Geology. No intimation about the fate of that application was sent to the petitioner, although in terms of Rule 10 of Karnataka Minor Mineral Rules, 1969, such an intimation was required to be sent in case the Competent Authority refused to grant the lease. On the contrary, by a notification dated 13-7-1992 the area in question was leased out in favour of the 4th respondent for quarrying what are known as Shahabad Stones. Aggrieved, the petitioner has called in question the validity of the said notification. 2. Mr. Patil, Counsel appearing for the petitioner contended that the grant of a lease in favour of the 4th respondent only showed that an application had been received from the said respondent also. Any such application should therefore according to the le...
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