Court : Karnataka
M.P. Chinnapa, J.1. The brief facts of the case are that the respondent No. 1 on 16.05.1998 notified its intention to record 1000 numbers of each audio cassette of three songs viz. 'Kallusak-karc Kolliro', 'maduve maduve maduve' and 'chinnada hadugalu' and sent inlay cards of the above 3 cassettes along with 3 demand drafts of Rs. 1,500/ each towards royalty payable in favour of the copy right owner the appellant herein. The respondent No. 1 also after waiting for 15 days proceeded to sound record audio cassettes of the 3 above titled songs and released the same in the open market and the same was circulated throughout Karnataka State despite the appellant's refusal to grant licence/consent to do the same. Subsequently as the respondent apprehended that all the cassettes would be seized it filed a suit in O.S. 4792/98 on the file of the VIII Addl. City Civil Judge, Bangalore, along with an application under Order 39 Rules 1 & 2 CPC for temporary injunction restraining the defendants, t...
Tag this Judgment!Court : Karnataka
Reported in : ILR1999KAR4564; 2000(6)KarLJ122
ORDERA.V. Srinivasa Reddy, J. 1. In this batch of petitions, the petitioners who are the landowners have assailed the order of the Trial Court dated 23-11-1998 passed on the applications filed under Section 5 of the Limitation Act ('the Act' for short) in LAC No. 263 of 1989 connected with LAC Nos. 275, 276, 294 and 269 of 1989 dismissing the applications filed under Section 5 of the Act as not maintainable.2. Since common questions of fact and law arise in all these revision petitions they are clubbed and disposed of by this common order with the consent of learned Counsel for parties.3. The undisputed facts for purpose of disposal of these petitions are that the petitioners are claimants in LAC cases referred to supra before the II Additional City Civil Judge, Bangalore (CCH No. 17). Certain extent of their lands was admittedly acquired for the formation of Byrasandra, Tavarekere and Madiwala Layout. The respondent-Land Acquisition Officer in all cases ('LAO' for short) passed an awa...
Tag this Judgment!Court : Karnataka
Reported in : 2001(3)KarLJ110
ORDER1. The petitioner is a permanent employee of Spices Trading Corporation Limited (hereinafter referred to as the Corporation'). Due to personal reasons the petitioner tendered his resignation for the post ofMarketing Manager by his letter dated 17-6-1991 which reads as follows:'I wish to inform you by giving 3 months advance notice that I am resigning for the post of Marketing Manager for personal reasons. I request you to adjust the E.L. in my account towards the notice period and relieve me of my duties. I thank you and the organisation for having given me excellent co-operation during my tenure'.2. The Corporation by its letter dated 18-6-1991 (Annexure-B) accepted the resignation and requested the petitioner to handover the charge to the Chief Marketing Manager of the Corporation which reads as follows:'with reference to the above, the Corporation accepts your resignation and you are relieved of your duties with effect from 16-9-1991 as requested by you. You are requested to ha...
Tag this Judgment!Court : Karnataka
Reported in : I(2000)ACC425; 2001ACJ1097; [2000(84)FLR753]; ILR1999KAR4703; 2000(5)KarLJ553
M.P. Chinappa, J.1. On 14-9-1995 at about 1.45 p.m. Dhakappa bin Subbanayak was driving the bus bearing Registration No. MEC 4803 owned by Navashankar Transport insured with the Oriental Insurance Company Limited, met with an accident and as a result of which the bus driver sustained grievous injuries such as fracture of tibia and also injury on his cheek and also on his left hand. It is not in dispute that during the course of and in the discharge of his duties, he met with an accident. On that ground, he lodged a claim petition in WC/SR.1/96 on the file of the Commissioner for Workmen's Compensation, Shimoga. After assessing the evidence, the Commissioner has come to the conclusion that the claimant is entitled for compensation and accordingly determined the compensation in a sum of Rs. 1,23,650/- under Section 4-A of the Act. Being aggrieved by that judgment dated 30-4-1998, the owner and the Insurance Company have preferred this appeal.2. Heard the learned Counsel for the appellant...
Tag this Judgment!Court : Karnataka
Reported in : [2000(84)FLR270]; ILR1999KAR4347; (2001)IIILLJ184Kant
G. Pathri Basavana Goud, J. 1. The petitioner had been working with the first respondent on daily wages since November 1, 1992. He was retrenched from service on April 1, 1994. He raised an industrial dispute in that regard contending that the retrenchment was illegal. That dispute was referred to the Labour Court, Chikmagalur, by the order of the State Government dated February 16, 1995 under Section 10(1)(c) of the Industrial Disputes Act, 1947 ('Act' for short). On adjudicating the said industrial dispute, Labour Court, Chikmagalur, by its award dated January 3, 1996 at Annexure-A, held the retrenchment as illegal and directed the first respondent employer to reinstate the petitioner into service with continuity of service but without back wages. The operative portion of the award reads thus:'Reference is accepted partly. IInd party Management is not justified in refusing the work to the 1st Party workman with effect from April 1, 1994. The order refusing the work to the 1st party w...
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR447; 2001(3)KarLJ302
ORDER1. The issues that arise for consideration in these two writ petitions are interrelated. The same shall therefore stand disposed of by this commonorder.2, Petitioner in W.P. No. 11519 of 1996 offers a training course in shorthand and Typewriting at Nagavarapalya, K.R. Puram in Bangalore. Recognition granted to the institute has been renewed from time to time as is evident from one such order produced by the petitioner. The petitioner in that petition has questioned the validity of an order dated 21st April, 1995 issued by the Commissioner of Public Instructions permitting the 4th respondent to establish a similar institute in the D.R.D.O. Complex, C.V. Raman Nagar, Bangalore. The challenge is primarily founded on the plea that the new institute permitted by the said order is within the prohibited distance of 1 km. from the petitioner-institute. While the matter was still pending in this Court, the Government appears to have issued instructions to the Commissioner of Public Instruc...
Tag this Judgment!Court : Karnataka
Reported in : ILR1999KAR4149; 2000(6)KarLJ147
ORDER1. Sri Prabhuling K. Navadgi takes notice for the respondent. Heard on merits by consent.2. The petitioner, in this writ petition under Articles 226 and 227 of the Constitution, seeks quashing of the award of the Labour Court, Bijapur, dated 16-7-1998 in KID. No. 66 of 1997 at Annexure-A.3. Respondent had been working as a Conductor with the petitioner. He was proceeded against in a domestic enquiry on the charge of violation of 'issue and start' rule, with the allegation that, at the time his bus was checked on 25-3-1996 on Bidar-Jamkhandi route, it was found that he had not issued tickets to five passengers even though he had not collected fare from them. The respondent contended that he was in the process of issuing tickets. The Inquiring Authority gave a finding that the charge did not stand proved. The Disciplinary Authority disagreed with the said finding, and held the charge as proved and awarded the punishment of dismissal from* service. The respondent raised an industrial...
Tag this Judgment!Court : Karnataka
Reported in : 2000(119)ELT543(Kar)
ORDERR.V. Raveendran, J.1. The petitioners have filed this petition for the following reliefs :-(a) A declaration that the Public Notice No. 3/94, dated 10-3-1994 [Annexure-B1] is unconstitutional;(b)(i) A direction to respondents, from undertaking and/or finalising assessments in terms of the Public Notice No. 3/94, dated 10-3-1994;(ii) From assessing to customs duty on the crude oil imported by the petitioner Company on the basis of Ullage Survey Report;(c)(i) For quashing the Public Notice No. 3/94, dated 10-3-1994.(ii) For quashing the order dated 3-6-1999 [Annexure-L] passed by the second respondent.2. The petitioner imports crude oil of different varieties. For the purpose of assessment of customs duty, the petitioner filed Bills of Entry on the basis of the quantity measured at shore tank (the quantity that is received in the shore tank on the landmass, after discharge from the ship). The Customs Authorities have assessed the quantity on the basis of the Ullage Survey Report pre...
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR306; 2000(2)KarLJ109
ORDER1. The petitioner, in this petition, is a former Assistant General Manager of the respondent-Syndicate Bank (hereinafter referred to as 'the Bank').2. The facts of this case are few and are not in dispute. They may bestated as hereunder:(a) The petitioner, who was originally employed in the Canara Banking Corporation Limited, now known as Corporation Bank, as an officer, was appointed in the Executive Grade by the respondent-Bank, by means of its order dated 1st of April, 1969. The petitioner was born on 30th of September, 1932. The age of retirement of an employee of the Bank till May 1998, was 58 years. Therefore, as per the service conditions of the Bank by which the petitioner was governed, the petitioner was to attain the age of superannuation on 12th of September, 1990, but in terms of the Explanation given to Regulation 19(1) of the Syndicate Bank Officers' Service Regulations, 1979 (hereinafter referred to as 'the Service Regulations'), the petitioner was to retire from se...
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR978; 2000(2)KarLJ554
ORDER1. The petitioners, in this petition, are the sons of one late Ningappa.2. In this petition, the petitioners have called in question the correctness of the order dated 30th of October, 1980, a copy of which has been produced as Annexure-B, passed by the Land Tribunal, Hirekerur, rejecting the claim of the petitioners to register them as occupants in respect of the land measuring 37 guntas in Survey No. 10/7 situated at Nesvi Village, Hirekerur Taluk, Haveri District.3. The few facts that may be relevant for the disposal of the writ petition, may be stated as hereunder:(a) The father of the petitioners the aforesaid Ningappa filed Form No. 7 seeking registration of occupancy right in respect of the land, referred to above, as provided under Section 48-A of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as 'the Act'). During the pendency of the proceedings before the Tribunal, the father of the petitioners expired. However, the mother of the petitioners appeared befor...
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