Karnataka Court January 2001 Judgments
S.B. Nagappa and ors. Vs. State of Karnataka and anr.
Court: Karnataka
Decided on: Jan-22-2001
Reported in: ILR2001KAR1295; 2002(3)KarLJ372
ORDERChandrashekaraiah, J.1. The Commissioner, Shimoga Urban Development Authority, issued a notification dated 12-11-1992 under Section 17 of the Karnataka Urban Development Authorities Act, 1987 (hereinafter referred to as 'KUDA Act'), proposing to acquire the land measuring 3.29 guntas in Survey No. 112 situated at Somanakoppa Village, Shimoga Taluk, along with other lands. This notification was followed by final notification dated 24-5-1994 issued by the State Government under Section 19(1) of the KUDA Act. Thereafter, the State Government issued a notification dated 22-8-1998 withdrawing the acquisition proceedings in respect of the land measuring 3 acres 29 guntas in Survey No. 1.12 of Somanakoppa Village. Subsequently, the Government issued another notification dated 11-4-2000. This notification is under challenge by the petitioners in this petition.2. The learned Counsel for the petitioners submits that the State Government having withdrawn the acquisition proceedings in exerci...
Tag this Judgment!The Assistant Executive Engineer, N.H. No. 13, Bijapur Vs. Shantavva a ...
Court: Karnataka
Decided on: Jan-22-2001
Reported in: II(2001)ACC439; 2003ACJ79; [2001(90)FLR584]; ILR2001KAR3031; 2002(3)KarLJ589
Chidananda Ullal, J. 1. This is an appeal filed by the Assistant Executive Engineer, Byapur, to challenge the order dated 31-7-1996 in No. WCA:3R:81/95 passed by the Workmen's Compensation Commissioner, Bijapur. In passing the said order, the Workmen's Compensation Commissioner while allowing the claim made by the respondents had awarded a sum of Rs. 55,251.00 together with interest at 6% per annum.2. The learned Additional Government Advocate, Sri Ashok Mensinkai, had taken me through the impugned order under challenge. He had also taken me through the facts of the case. While urging the grounds made out in the instant appeal, it was argued by him that the Workmen's Compensation Commissioner (henceforth in brief referred to for convenience as the 'WCC') had totally erred in awarding the compensation without there being evidence as to at what point of time the alleged accident had taken place. According to him, the alleged accident resulting in the death of one Yellanagouda, the husban...
Tag this Judgment!Kanthu Vs. the Land Tribunal, Siddapur, Uttara Kannada District and Ot ...
Court: Karnataka
Decided on: Jan-19-2001
Reported in: ILR2001KAR2326; 2001(2)KarLJ477
ORDERR. Gururajan, J. 1. This petition is filed by the tenant aggrieved by the order of the District Additional Land Reforms Appellate Authority, Sirsi, in Appeal No. DAAA.AP. 183 of 1986. The petitioner filed Form 7 claiming occupancy rights for one acre in Sy. No. 432, Kondli Village, Siddapur Taluq. The Tribunal granted tenancy rights in favour of the tenant. An appeal was filed before the Appellate Authority and the same was allowed, thereby setting aside the order of the Tribunal. This order of the Appellate Authority is challenged by the tenant in this Court. 2. I have heard Sri R.S. Hegde, learned Counsel for the petitioner and Sri G.A. Srikante Gowda, learned Counsel appearing for respondent 3 and Sri G. Krishna Reddy, Government Pleader appearing for respondents 1 and 2. 3. Mr. R.S. Hegde, learned Counsel appearing for the petitioner contended that the Appellate Authority is wrong in reversing the order of the Land Tribunal. According to him the Tribunal based on the material ...
Tag this Judgment!Sanjay Alloys (Private) Limited, Bangalore Vs. V. Ramakrishna
Court: Karnataka
Decided on: Jan-19-2001
Reported in: 2001(3)KarLJ394
ORDER1. Petitioner is the landlord and has filed this petition challenging the order dated 18-6-1996 passed in HRC No. 1468 of 1992 on the file of the Additional Small Causes Judge, Bangalore City. He filed this petition HRC No. 1468 of 1992 seeking for bona fide use and occupation of the premises on the ground of a Corporate Office in the schedule premises. In the petition it is stated that the landlord is a Company having its office at New Bamboo Bazar, Bangalore. He purchased the property by way of a sale deed dated 4-11-1991. The respondent who is a tenant was paying Rs. 500/- per month as rent. After the purchase the respondent has attorned the petitioner as a landlord and was paying rent regularly. Petitioner-Company was dealing in iron and steel and of two branches, one situated at Patamaner in Chittoor District and the other at No. 2, Kadugondanahalli, Bangalore 45. It is employing more than 100 employees and are working at the factory and it has no place to set up a Corporate ...
Tag this Judgment!Stella Silks Limited Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Jan-19-2001
Reported in: AIR2001Kant219; ILR2001KAR1689
ORDER1. This is a writ petition presented by a Limited Company which carries on certain manufacturing activity of silk fabrics under the name and style of M/s. Stella Silks and has the manufacturing unit located at No. 411, Telugarahalli Road, Anekal Taluk, Bangalore District. It is the claim of the petitioner that it is 100% Export Oriented Unit ('EOU' for short) engaged in manufacturing of silk fabrics by using raw silk imported from China and it has very sophisticated machinery imported for the manufacturing process of high technology and it reduces the manual labour to a considerable extent.2. In the course of its manufacturing activity, the petitioner's unit also has a dyeing unit, which is used for the purpose of dyeing the silk fabrics. In the activity of dyeing, water is extensively used and quite naturally, in the process, water gets contaminated and the petitioner has to get rid of this contaminated water. It appears, that the petitioner sought the consent of the second respo...
Tag this Judgment!Karnataka Electricity Board and Another Vs. B.P. Vasudeva Murthy and A ...
Court: Karnataka
Decided on: Jan-19-2001
Reported in: AIR2001Kant228; 2001(4)KarLJ228
ORDER1. The petitioner is Karnataka Electricity Board, now known as Karnataka Power Transmission Corporation Limited, in short hereinafter called as 'Corporation' for brevity in this order has filed this writ petition seeking for issuance of a writ of certiorari to quash the order dated 14-7-1999 passed by the second respondent in Appeal No. 561 of 1997 urging various facts and legal contentions.2. The brief necessary facts for the purpose of considering the rival contentions urged by the learned Counsel for the Corporation and the first respondent in person are stated as hereunder:The first respondent, a consumer, had filed complaint before the District Redressal Forum under the provisions of Section 12 of the Consumer Protection Act, 1986, in short called as 'C.P. Act' for issuance of a direction to the Corporation by the Forum to refund the interest amount collected from him for the period from 27-3-1991 to 28-4-1992 and to refund the excess amount collected by the Corporation durin...
Tag this Judgment!Employees' State Insurance Corporation, Bangalore Vs. M.P. Ranganayaka ...
Court: Karnataka
Decided on: Jan-19-2001
Reported in: II(2001)ACC98; 2002ACJ590; ILR2001KAR2007; 2001(6)KarLJ383; (2001)IILLJ67Kant
The Court1. This appeal arises out of the decision given by the Employees' State Insurance Court, Bangalore, in Application No. 15 of 1992. Under Section 73 of the Employees' State Insurance Act ('the Act' for short) the applicant approached the E.S.I. Court seeking a direction to the 1st respondent i.e., E.S.I. Corporation to assess the degree of disability as required under the provisions of the E.S.I. Act and seeking benefits to which he was entitled to as an employee.2. It was the case of the applicant that he met with an accident on 15-6-1987 while he was working as operator attached to the Prestige Department; thereby he sustained severe injuries to his right hand resulting in permanent disability. He was first taken to E.S.I. Hospital where he was treated as in-patient. Contending that the injury was in the course of employment and he is entitled for all the accidental benefits, he approached the concerned authorities for payment of sickness benefit and also permanent disability...
Tag this Judgment!Girish Vs. Shivamurthappa
Court: Karnataka
Decided on: Jan-18-2001
Reported in: AIR2001Kant210; 2001(6)KarLJ210
The Court 1. For the sake of convenience, the parties in this appeal are referred toas per their rank in the Trial Court. 2. This appeal is filed by the plaintiff in O.S. No. 60 of 1983. The suit was filed for specific performance for execution of sale deed in respect of 2 acres 2 guntas of land in Sy. No. 155/1 in Hulsoor Village, Basavakalyan Taluk on the basis of alleged agreement of sale dated 17-4-1980. The defendant resisted the suit by denying the execution of the alleged agreement and alleging that the suit documents were false and fabricated. The Trial Court dismissed the suit holding that the suit documents had not been proved. Aggrieved by the same, the plaintiff filed R.A. No. 25 of 1987. In the appeal before the first Appellate Court the plaintiff filed I.A. III under Section 45 of the Indian Evidence Act to send Exhibits P. 1 to P. 4 for comparison of the signatures thereon with the admitted signature of the defendant. The first Appellate Court dismissed both the applicat...
Tag this Judgment!Wipro Infotech Limited Vs. Union of India (Uoi)
Court: Karnataka
Decided on: Jan-17-2001
Reported in: 2001(75)ECC498; 2001(130)ELT27(Kar)
ORDERHari Nath Tilhari, J.1. By this petition, the petitioner has prayed for issuance of writ in the nature of writ of certiorari quashing the order dated 18-3-1993 bearing No. F. No. 601/4201/14-15/ 93-DPK dated 18-3-1993 as well as the consequential endorsement bearing No. F. No. 601/4201/14-15/93-DPK dated 10-11-1993, marked as Annexure-'J' and 'N' respectively to the writ petition, and prayed for issuance of writ of mandamus directing the respondent to grant the duty drawback to the petitioner against the application dated 8-3-1993, (Annexure-'H') and to issue such orders, directions or reliefs as this Court deems fit.2. The facts of the case in the nut-shell are that vide Annexure-B to the writ petition, the petitioner entered into an export contract with M/s. J.V. Belcom, Minsk, Belarus, for supply of 513 numbers of EX-1000 Printers under Supplement No. 7 dated 24-1-1992 to their export contract bearing No. Wipro/BELCOM/1/91 dated 15-5-1991 and that payments for the export were b...
Tag this Judgment!irappa and anr. Vs. Keshava and Co. and anr.
Court: Karnataka
Decided on: Jan-17-2001
Reported in: I(2002)ACC116; 2002ACJ116
T.N. Vallinayagam, J.1. Aggrieved by the inadequacy of the compensation granted for the death of one Vishnu Kulkarni aged about 14 years in the accident that took place on 20.4.1993 at about 4.00 p.m. involving vehicle No. AP 04-T 2028 going from Sindagi to Moratagi at a place 5 km. from Sindagi, the parents are before this Court in the above appeal.2. The factum of death and the negligence on the part of the driver of the vehicle is confirmed. No appeals have been preferred challenging the above. Coming to the quantum of compensation, the claim is for Rs. 2,67,000 on the ground that the boy was earning monthly Rs. 900, the court below has granted Rs. 50,000 under Section 140, Sub-clause (2) of the Motor Vehicles Act, Rs. 2,000 for funeral expenses, Rs. 2,500 for loss to estate, totally a sum of Rs. 3,500 for loss of love and affection. Thus, a sum of Rs. 58,000 was granted.3. Having regard to the submissions made by the counsel relying upon the dictum of the Supreme Court in Shanti Ba...
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