Karnataka Court November 2001 Judgments
The Senior Regional Manager, Food Corporation of India, Bangalore and ...
Court: Karnataka
Decided on: Nov-28-2001
Reported in: ILR2002KAR1521; 2002(4)KarLJ17
1. This intra-Court appeal has been preferred by the concerned Area Manager of the Food Corporation of India (in short the 'Corporation'). It is against the judgment of the learned Single Judge, who, contrary to the policy decisions taken by the Corporation in its meeting dated 19-10-1996 and the terms of the contract entered into by the appellant and respondent-Labor Co-operative Society, has directed for renegotiating the times for unexpired period of contract on the basis of the policy decision taken by the Corporation in 1989, which is no more in existence. 2. The Corporation had called tender for awarding contract of handling and transporting of food grains at Mysore Depot for the period 30-5-1997 to 29-5-1999. Respondent 1, which is a Labour Co-operative Society had also submitted its tender. After negotiation between the parties, rates for handling and transporting were fixed and the contract was entered into. In the contract, it had been specifically stipulated that-'(a) Handli...
Tag this Judgment!G.V. Venkatesh Babu and anr. Vs. Krishna Kumar
Court: Karnataka
Decided on: Nov-23-2001
Reported in: 2002ACJ1998; [2002(93)FLR126]; ILR2002KAR812; 2002(2)KarLJ277
Manjula Chellur, J.1. This appeal is filed by the employer and the insurer against the injured applicant contending that the judgment and award of the Commissioner for Workmen's Compensation, Mandya in No. NF:CR:71/96 is not correct. It is contended the loss of earning capacity assessed by the doctor was 55% but the Commissioner was wrong in taking into consideration the loss of capacity at 100%. It was also contended that the fact of injured claimant still working and earning has to be taken into consideration while assessing the compensation. According to the appellants, the actual loss of earning capacity did not exceed 25%. They also contended that the assessment wages of respondent at Rs. 290/- per month by the Commissioner was wrong. According to the appellants, even if the alleged injuries fall under schedule injuries, it will not cometo the compensation of Rs. 2,70,264.00. With these averments the present appeal is filed.2. The brief facts that led to the filing of the appeal a...
Tag this Judgment!Dharak Limited, Bangalore Vs. the Regional Director, Employees' State ...
Court: Karnataka
Decided on: Nov-23-2001
Reported in: [2002(92)FLR705]; ILR2001KAR5674; 2002(2)KarLJ446
N.S. Veerabhadraiah, J.1. This appeal and the cross-objection arise out of the order passed by the E.S.I. Court dated 5-9-1988 dismissing the application filed under Section 75 of the E.S.I. Act, as barred by limitation.2. The brief facts of the case are as follows:The E.S.I. Corporation called upon M/s. Dharak Limited, to pay contribution for the period 1982-83 by demand letter dated 11-7-1984 to pay Rs. 5,722-13 paise. Since contribution amount was not paid, an order under Section 45-A was passed dated 28-9-1984. The management having kept quiet for a period of 6 years, filed an application under Section 75 of the E.S.I. Act on 17-8-1990 questioning the order passed by the E.S.I. Court. The E.S.I. Court considering the provisions of Section 77 held that the application filed is barred by limitation and accordingly dismissed. It is this order which is now questioned in the present appeal. At the same time, the E.S.I. Corporation has also filed cross-objection. It appears to be on the ...
Tag this Judgment!Pharmacy Council of India, New Delhi and anr. Vs. Smt. Archna Patwari ...
Court: Karnataka
Decided on: Nov-23-2001
Reported in: ILR2002KAR22; 2002(3)KarLJ178
N. Kumar, J.1. The appellants Pharmacy Council of India and Karnataka State Pharmacy Council have challenged in these appeals the order of the learned Single Judge holding that the first respondent is eligible for being registered as a pharmacist with the Karnataka State Pharmacy Council and on such registration being made a certificate be issued to the first respondent in this behalf.2. The facts in brief leading to this proceedings are as hereunder.--The first respondent joined the B.Pharma course in the second respondent-college of pharmacy in the year 1989. The said college is affiliated to Gulbarga University. The first respondent completed B.Pharma course in the year 1993 in first class and she was given a degree certificate by the Gulbarga University. Subsequently, she joined a private firm where she was working till the year 1996. The first respondent got married and her husband is working in U.S.A. When she was about to leave for U.S.A. she was informed that she must obtain a ...
Tag this Judgment!Shivaram Udupa Vs. Sharada Achar and ors.
Court: Karnataka
Decided on: Nov-23-2001
Reported in: 2002(1)KarLJ25
N. Kumar, J.1. The subject-matter of these proceedings is a bit of land measuring 28 guntas of Sy. No. 197/3B1 situate at Chitrapady Village, Udupi Taluk, Dakshina Kannada District (hereinafter referred to as the 'schedule land') which was used as a playground for Dakshina Kannada Zilla Parishad Higher Primary School. The acquisition of this land has been set aside by the learned Single Judge on the ground that the acquisition proceedings is a result of colourable exercise of power with a motive of depriving the petitioner from holding the land in question. The question as to colourable exercise of power being essentially a question of fact, and as the facts are not set out properly in the impugned order, we deem it is necessary to set out the facts in detail as hereunder.--2. The schedule land originally belonged to one Sri Mahadeva Ithal. One Narasimha Ithal filed an application in Form No. VII under Section 48-A of the Karnataka Land Reforms Act for grant of occupancy rights in resp...
Tag this Judgment!Rajanna Vs. Proprietor, Cupid Food Product
Court: Karnataka
Decided on: Nov-23-2001
Reported in: 2003ACJ250; [2003(96)FLR446]; ILR2002KAR1256; 2002(6)KarLJ191
Manjula Chellur, J. 1. This appeal is filed by the aggrieved workman who had filed WCA/CR-6/93-94. 2. In brief the appellant herein contended before the Commissioner for Workmen's Compensation, Mysore as under. 3. He was a workman in the respondent's establishment, which is a manufacturing unit of Cream Biscuits. As on the relevant date he was 19 years and was getting a salary of Rs. 500/- per month. The machineries of the respondent's establishment had become old and in spite of several requests and demands by the workers, he did not get them repaired. On 18-11-1992 when the appellant-applicant was preparing the cream on the concerned machine, his right hand was caught in the machine. As a result the fingers and the wrist portion got crushed in the machine. He was immediately taken to hospital on 19-11-1992. He spent lot of money for his treatment in the hospital where he was in-patient for 5 weeks. 4. On account of the injuries sustained by him he is not in a position to stretch his ...
Tag this Judgment!Mohammad Naaseer Vs. Abdul Majid and ors.
Court: Karnataka
Decided on: Nov-21-2001
Reported in: ILR2002KAR3139; 2002(2)KarLJ421
ORDERH. Rangavittalachar, J.1. The first respondent's complaint before the Executive Officer, Taluk Panchayat was that the writ petitioner has put up constructions in violation of the licence granted by the Bellur Grama Panchayat by en-crouching into his property. The Executive Officer vide Annexure-C by its endorsement dated 7-4-2001 directed the parties to approach the Civil Court for necessary redressal in this behalf. Against the said order the first respondent preferred an appeal before the President, Zilla Panchayat, Mandya who has granted an interim order vide Annexure-D, dated 23-4-2001.2. This order of the President is challenged by the writ petitioner on the ground that the President lacks total jurisdiction even to entertain the appeal. He has therefore sought for quashing of Annexure-C and also for a writ of prohibition prohibiting the President from hearing the appeal.3. Heard the learned Counsels for petitioners and respondents.4. In my view, the contention of the petitio...
Tag this Judgment!A. Diwakara Naik Vs. the Karnataka State Transport Authority, Bangalor ...
Court: Karnataka
Decided on: Nov-21-2001
Reported in: I(2003)ACC394; ILR2002KAR1357; 2002(4)KarLJ230
R.V. Raveendran, J.1. The appellant was the third respondent and third respondent herein was the petitioner in W.P. No. 22695 of 1997. Karnataka State Transport Authority ('KSTA' for short) and its Secretary are respondents 1 and 2 in the writ petition as well as in the appeal.2. One Ratnakar Adhikari was the holder of permit No. TST 9/1994-95 to operate a stage carriage on the route Nethilapadavu to Krishnapura and back (four round trips per day by one vehicle). The details of the route was as follows:-'Nethilapadavu, Gerukatte, Manjeswara, Talapady, Thokkottu (Pump well Circle, Kankanady), Mangalore bus Stand, Lady Hill, Urva Stores, Panambur, Surathkal, Krishnapura'.3. The said permit holder applied and obtained three variations of conditions of permit, under Section 80(3) of the Motor Vehicles Act, 1988 ('Act' for short) as detailed below:First variation of conditions of permit: 3.1 The permit holder applied on 21-12-1994 for the following variation of the conditions of permit: '(a...
Tag this Judgment!G.A. Udaya Vs. the Secretary, Ministry for Petroleum and Natural Gases ...
Court: Karnataka
Decided on: Nov-19-2001
Reported in: 2002(1)KarLJ46
ORDERThe Court 1. The petitioners in these two writ petitions have sought for quashing of the selection list for awarding dealership/distributorship of LPG of M/s. Hindustan Petroleum Corporation at Kodagu District in favour of respondent 4 and for a declaration that the petitioner in each of the petitions is qualified and are entitled for dealership.2. The Hindustan Petroleum Corporation issued a notification published in the Deccan Herald daily in its issue dated 26-8-2000 calling for applications for appointment of LPG distributors under various categories at different locations in Karnataka State for HP gas. One such place is Somwarpet, Kodagu District. The distributorship is reserved for general category. Pursuant to the said notification the petitioner and respondents 4 and 5 in W.P. No. 9765 of 2001 filed applications for distributorship. The Selection Committee in its proceedings dated 23-2-2001 prepared the selection list placing respondent 4 at serial No. 1. This selection ha...
Tag this Judgment!All India Vijaya Bank Officers Association and ors. Vs. Union of India ...
Court: Karnataka
Decided on: Nov-19-2001
Reported in: ILR2001KAR5640; (2002)IILLJ129Kant
ORDERChandrashekaraiah, J.1. The petitioners in these petitions have sought for a writ of mandamus to hold that the Minutes of the Meeting of the Board of Directors of Vijaya Bank held on April 28, 2000 resolving to delete Clause 12(b) of the transfer policy as arbitrary and ultra vires the provisions of the Constitution and for writ of certiorari to quash the orders of transfer dated May 25, 2001 insofar as they relate to petitioners 2 to 5 and for other consequential reliefs.2. Respondent-2 Vijaya Bank is a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, having its head office at No. 41/2, M.G. Road, Bangalore. The petitioner in the 1st writ petition is a recognised trade union of the officers of the Vijaya Bank. Respondent-5 is also one of the Trade Unions consisting of officers of second respondent Bank. In addition there are other trade unions also.3. On the basis of the Minutes of the Joint Consultative Committee Meeting held...
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