Karnataka Court September 2000 Judgments
Motor Industries Co. Ltd. Vs. Regional P.F. Commissioner and anr.
Court: Karnataka
Decided on: Sep-13-2000
Reported in: [2001(88)FLR316]; (2000)IILLJ1606Kant
ORDERM.P. Chinnappa, J.1. The petitioner by this writ petition challenges the order and the interpretation sought to be put by the R-I in its Order No. MH/12053/PF/A/CS/SRO/NSK-1/1273/ 13352 dated January 31, 2000 whereby fastening it with an unwarranted demand/ liability as per Annexure-A. 2. Heard the learned senior counsel Sri. Kasturi for Kasturi Associates for the petitioner and Sri. V. Padmanabha Kedilaya, learned counsel for the respondents. 3. The learned counsel for the petitioner submitted that the order passed by the respondents is contrary to the provisions of law and therefore, it is liable to be set aside. 4. The learned counsel for the respondent submitted that this writ petition is not maintainable in view of the fact that an appeal under Section 7-C is provided. Therefore, the writ petition is liable to be dismissed summarily. 5. Controverting this argument, the learned counsel for the petitioner submitted that the order or direction issued by the respondent does not c...
Tag this Judgment!Endeavour Estates Pvt. Ltd. Vs. Assistant Labour Commissioner and ors.
Court: Karnataka
Decided on: Sep-13-2000
Reported in: (2001)ILLJ1059Kant
ORDERT.N. Vallinayagam, J. 1. The petitioner seeks to quash the orders passed by the Assistant Labour Commissioner and the Deputy Commissioner under the Payment of Gratuity Act, 1972 dated May 29, 1994 and August 17, 1996 respectively.2. It is the case of the petitioner that it is a company incorporated under the Companies Act 1956. The petitioner purchased immovable property constituted of coffee plantation, fruit trees shade trees etc., in public auction conducted on March 27, 1991 in execution of decree passed in O.S.No. 300/87 on the file of Subordinate Judge, Irinjalakuda, Kerala. The sale was confirmed on May 27, 1991, followed by a certificate of sale issued by the Court. The petitioner started with its plantation activities after purchasing the immovable property in public auction. As there were already workmen working in the plantation when the property was purchased by the petitioner, the petitioner on the request of the-workmen agreed to provide them employment in the petiti...
Tag this Judgment!B.M. Suresh Vs. State of Karnataka
Court: Karnataka
Decided on: Sep-13-2000
Reported in: 2001CriLJ36
M.F. Saldanha, J.1. This criminal appeal has been preferred by the original accused No. 2 assailing the convictions recorded by the learned Sessions Judge, Chikmagalur in Sessions Case No. 11/92. It was alleged that on the evening of 26-6-1990 at about 5 p.m., the original accused No. 1 Chandra (since deceased) and the present accused got into an altercation with one Ramachandra Gowda. They are alleged to have questioned him about a complaint lodged by him with the police about three months earlier to the incident alleging that the accused were involved in sandal wood thefts. Accused No. 1 was armed with a spade and accused No. 2 had a knife with him and it is alleged that A-1 dealt a blow on the head of Ramachandra Gowda which caused a serious injury to him and was ultimately detected to have caused a fracture of the skull. Accused No. 2 caused a bleeding injury on the hand of Ramachandra Gowda's son who is PW-2. The injury is relatively minor and accused No. 2 has been held liable un...
Tag this Judgment!Asstt. Collector of Cus. (Prev.) Vs. P.M. Abdul Rahaman
Court: Karnataka
Decided on: Sep-13-2000
Reported in: 2001(133)ELT299(Kar)
M.P. Chinnappa, J.1. Respondents 1 to 3 were prosecuted by the appellant for the offence punishable under Section 85(1) of the Gold (Control) Act and Section 135 of Gold Customs Act (sic) on the allegation that on 2-6-1988 on the information furnished by R-3, P. Ws. 1 & 4 accompanied by other officers went to the house where R-l was residing and questioned him regarding gold pellets. R-l showed the place from which P. Ws. 1,4 and other witnesses recovered 198 gold pellets weighing 23.87 Kgs. of foreign origin. On the basis of it, charge sheet was filed against the respondents. However, the respondents denied the charges levelled against them and claimed to be tried. To substantiate the case, the prosecution has examined P. Ws. 1 to 8. M. Os. 1 & 2 & Exs. P-l to P-6 (c) were got marked.2. P. Ws. 1 & 4 speak about the information being furnished by R-3 and also going to the spot where R-l & 2 were residing on that particular day and also about the seizure of gold of foreign origin. P. W....
Tag this Judgment!Karnataka State Road Transport Corporation and Another Vs. Ramachandra ...
Court: Karnataka
Decided on: Sep-12-2000
Reported in: [2001(88)FLR635]; ILR2000KAR4497; 2001(2)KarLJ300
ORDERKumar Rajaratnam, J.1. This is a Management's writ petition. This is yet another case brought before this Court where the Management has not led evidence before the Labour Court. 2. The 1st respondent-workman was working as a Conductor in the petitioner-Corporation. On 12-10-1983 the bus was checked and it was found that the respondent-workman had failed to issue tickets to 32 passengers travelling from Cheenya to Jakkanahally Cross despite collection of fare of 0-50 ps. from each of the passengers. He also failed to issue tickets to two passengers travelling from Cheenya to Melkote despite collection of fare of Re. 1.00 from each of them. The other allegation was that the workman had closed the stage entries in respect of Jakkanahally Cross and he had shown 42 tickets of 30 paise as sold, but in fact it was not so. On the basis of these allegations, a domestic enquiry was held and ultimately the workman came to be dismissed from service on 30-6-1984. Aggrieved by the order of dis...
Tag this Judgment!J. Sudhakar Shenoy Vs. Mrs. Vrinda Shenoy and Another
Court: Karnataka
Decided on: Sep-12-2000
Reported in: AIR2001Kant1; II(2001)DMC210; ILR2000KAR4624; 2001(2)KarLJ438
T.N. Vallinayagam, J.1.This appeal is preferred by the husband against the decree dismissing his application for dissolution of his marriage under Section 13(1) (i-a) and (iii) of the Hindu Marriage Act in M.C. No. 36 of 1990 on the file of the Principal Civil Judge and Chief Judicial Magistrate, Bangalore.2. According to the appellant the marriage between him and the first respondent took place on 25-12-1977 at Cannanore as per the custom of Gowda Saraswatha community. The second respondent is the father of the first respondent and it is claimed that the second respondent suppressed the fact that the first respondent is of unsound mind and suffering from mental disorder. The second respondent is said to have played fraud upon the appellant and has performed the marriage. It is further alleged that even on the date of the marriage, the first respondent-wifeafter garlanding of the bridegroom and the function was going on, forcibly cut and removed the bridal garland which she was wearing...
Tag this Judgment!Noorsab Alias Noor Ahmed S/O KuthubuddIn Thabbal Vs. State of Karnatak ...
Court: Karnataka
Decided on: Sep-12-2000
Reported in: 2001CriLJ425
B. Padmaraj, J.1. Heard the arguments of the learned counsel for the appellant and the learned Government Pleader for the respondent/State and carefully perused the case records in detail with their assistance.2. The appellant has been convicted under Section 302, IPC and sentenced to undergo life imprisonment and a fine of Rs. 500/-, in default, to undergo further S.I. for 3 months, for causing the death of this wife Smt. Mumtaz by pouring kerosene over her body and setting her ablaze. Hence, this appeal.3. The deceased Smt. Mumtaz was married to the accused about 10 years prior to her death and she bore three children through the accused. During the relevant time of the occurrence, the deceased was living with the accused in a rented house in Janatha Plot in Mudhol. On the night of 16-5-1995 at about 10 p.m. or so, the accused returned to the house in a drunken condition and picked up a quarrel with the deceased. During such quarrel, the accused had also beat the deceased. The said q...
Tag this Judgment!Management, Shree Doodhaganga Krishna Sahakari Sakkare Karkhana Vs. T. ...
Court: Karnataka
Decided on: Sep-12-2000
Reported in: (2002)IVLLJ578Kant
T.N. Vallinayagam, J. 1. These two writ petitions are concerned with a dispute regarding discontinuation of the employment of the workmen. Against the award passed by the Labour Court, both the workman and the management are before this Court. 2. The short facts are that the petitioner in WP No. 24832 of 1996 is a co-operative sugar factory registered under Karnataka Co-operative Societies Act, 1959. The appointment and the terms and conditions of the employees of the petitioner are governed by the provisions of the Karnataka Co-operative Societies Act and the bye-laws of the society. The sugar factory works seasonally once for six months and the exigency of work will be more only during its season. Apart from regular employees the petitioner engages some workers on daily-wage basis during the above period. The daily-wages employees will be discontinued after the completion of the work. It is further submitted that during 1986-87 season the first respondent was taken on daily-wages fro...
Tag this Judgment!Malini Muralidharan Nair and ors. Vs. Geetha Transport Co. and ors.
Court: Karnataka
Decided on: Sep-12-2000
Reported in: 2002ACJ92
Hari Nath Tilhari, J.1. This appeal arises from the judgment and decree or award dated 27.11.1993 in MVC No. 551 of 1986 by the Motor Accidents Claims Tribunal No. 3, Mangalore, whereby the Tribunal has dismissed the petitioner's claim petition on the ground that it is not maintainable.2. The facts of the case in nutshell are that a motor accident did take place on 16.4.1986 at about 3.15 p.m. on National Highway No. 17 near Katapady while the deceased, namely, husband of the claimant (K.G. Muralidharan Nair) was riding on motor cycle bearing No. GDG 9493 and bus bearing registration No. MRL 4676, according to the claimant's case, which was being driven in a rash and negligent manner came and collided with the motor cycle. According to the claimant, K.G. Muralidharan Nair died on account of the accident. The claimant-appellant claimed a sum of Rs. 6,50,000 as compensation.3. Against respondent Nos. 1 and 3, the case remained ex parte and it was contested by the insurance company, respo...
Tag this Judgment!R. Thimmayya Shetty and Another Vs. Vasanth Raj
Court: Karnataka
Decided on: Sep-11-2000
Reported in: ILR2000KAR4221; 2001(3)KarLJ89
ORDER1. The petitioners are accused in Private Complaint No, 3 of 1993 on the file of the Special Judge, Raichur. The case was numbered as Special A.C. No. 20 of 1994.2. The complainant-respondent filed a private complaint directly in the Court of Special Judge, Raichur on 7-4-1993 for offences punishable under Sections 341, 342, 506(11) read with Section 109 of the IPC and under Section 3(1)(x) and (iv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act No. 33 of 1989) (hereinafter referred to as the 'Act') along with other offences under the Penal Code.3. The case was referred as a private complaint No. 3 of 1993 by the learned Sessions Judge. The learned Special Judge after recording the sworn statement of the complainant and his witnesses passed an order registering the case as Special A.C. No. 20 of 1994 and issuing summons to the petitioner and five others. The petitioners being aggrieved by the entire proceedings initiated by the Special Judge...
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