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Karnataka Court March 2001 Judgments

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Mar 08 2001

Senior Divisional Controller, North West Karnataka Road Transport Corp ...

Court: Karnataka

Decided on: Mar-08-2001

Reported in: II(2003)ACC445

Chandrashekaraiah, J.1. This appeal is by the employer challenging the order passed by the Commissioner for Workmen's Compensation, Belgaum awarding compensation of Rs. 1,26,119/- with interest and penalty.2. The facts in this case are as follows:The respondents are the L.Rs. of the deceased workman Somappa @ Somashekar Hosamane who died on 23.7.1994 in K.L.E. Hospital at Belgaum. The deceased was working as Conductor in the appellant's Corporation. On 19.7.1994 at about 1.30 p.m. while he was on his way to report for duty at Bailhongal Depot, he suddenly collapsed. Thereafter, he was taken to K.L.E. Hospital at Belgaum for treatment. While he was under treatment in the hospital he died on 23.7.1994. This death has made the L.Rs. of the deceased to file a petition before the Commissioner for Workmen's Compensation for compensation.3. On the pleadings of the parties the Commissioner framed several issues. One of such issues, i.e., issue No. 1 is relevant for consideration in this appeal...


Mar 08 2001

Kathyayini Hotels Pvt. Ltd. Vs. Additional Commissioner of Commercial ...

Court: Karnataka

Decided on: Mar-08-2001

Reported in: [2004]134STC170(Kar)

M.F. Saldanha, J.1. We have heard the appellant's learned counsel at considerable length and his principal ground of attack in this appeal proceeds on the footing that the appellate authority set aside the assessment order on the ground that it did not proceed on the basis of cogent material but that the assessing authority had essentially gone on the basis of what he considered was a reasonable estimation. The learned counsel points out that in a case where there are no records, no evidence or no material or where there is a clear cut finding to the effect that the material or evidence that is on record does not inspire confidence the assessing authority may then be justified in adopting the standard of a reasonable estimation but he seriously finds fault with the procedure adopted in the present case and it is his submission that where regular accounts are maintained and where books of account are available these are a more reliable and correct basis for arriving at figures while pas...


Mar 08 2001

Senior Divisional Controller, North West Karnataka Road Trans. Corpora ...

Court: Karnataka

Decided on: Mar-08-2001

Reported in: 2002ACJ1740

Chandrashekaraiah, J.1. This appeal is by the employer challenging the order passed by the Commissioner for Workmen's Compensation, Belgaum awarding compensation of Rs. 1,26,119 with interest and penalty.2. The facts in this case are as follows:The respondents are the LRs of the deceased workman Somappa alias Somashekar Hosamane who died on 23.7.1994 in K.L.E. Hospital at Belgaum. The deceased was working as a conductor in the appellant's Corporation. On 19.7.1994 at about 1.30 p.m. while he was on his way to report for duty at Bailhongal Depot, he suddenly collapsed. Thereafter, he was taken to K.L.E. Hospital at Belgaum for treatment. While he was under treatment in the hospital he died on 23.7.1994. This death has made the LRs of the deceased to file a petition before the Commissioner for Workmen's Compensation for compensation.3. On the pleadings of the parties the Commissioner framed several issues. One of such issue, i.e., issue No. 1 is relevant for consideration in this appeal ...


Mar 08 2001

Senior Divisional Controller, North West Karnataka Road Transport Corp ...

Court: Karnataka

Decided on: Mar-08-2001

Reported in: III(2002)ACC216

Chandrashekaraiah, J.1. This appeal is by the employer challenging the order passed by the Commissioner for Workmen's Compensation, Belgaum awarding compensation of Rs. 1,26,119/- with interest and penalty.2. The facts in this case are as follows:The respondents are the LRs of the deceased workman Somappa @ Somashekar Hosamane who died on 23.7.1994 in K.L.E. Hospital at Belgaum.The deceased was working as a conductor in the appellant's Corporation. On 19.7.1994 at about 1.30 p.m. while he was on his way to report to duty at Bailhongal Depot suddenly collapsed. Thereafter, he was taken to K.L.E. Hospital at Belgaum for treatment. While he was under treatment in the hospital he died on 23.7.1994. This death has made the LRs of the deceased to file a petition before the Commission for Workmen's Compensation for compensation.3. On the pleadings of the parties the Commissioner framed several issues. One of such issue i.e. issue No. 1 is relevant for consideration in this appeal which reads ...


Mar 07 2001

Prashanth E.L. Vs. Kuvempu University, Shimoga and ors.

Court: Karnataka

Decided on: Mar-07-2001

Reported in: AIR2001Kant448; ILR2002KAR684; 2002(3)KarLJ364

ORDERP. Vishwanatha Shetty, J.1. The question of considerable importance that would arise for consideration in this petition is, what is the interpretation to be placed to the word 'repeater' at the University Examinations?2. The few facts which are not in serious dispute and which are relevant for the disposal of this petition, may be stated as hereunder:(a) The petitioner and respondents 3 and 4 were the students pursuing their Post graduation Degree Course in Sociology in the first respondent-University (hereinafter referred to as 'the University'). The Post graduation Degree Course in Sociology is of two years' duration. The examination for the I Year Post graduation Degree commenced on 2nd June, 1999. It is the case of the petitioner that immediately after the petitioner started writing the first question, he could not write further since he suddenly suffered 'acute muscle spasm of the right hand and associated c.ulnar nerve irritation of right hand'; and this serious deterioratin...


Mar 07 2001

Yasmeen Begum Vs. Board of Directors, Karnataka Leather Industries Dev ...

Court: Karnataka

Decided on: Mar-07-2001

Reported in: 2002(4)KarLJ71

ORDERMohamed Anwar, J.1. Heard the arguments of learned Counsels on both sides.2. Petitioner joined the services of respondent-Leather Industrial Corporation Limited (the Corporation' for short) as a Second Division Assistant ('SDA' for short) in the year 1969. When she so joined the service on the establishment of respondent-Corporation, she had completed S.S.L.C. examination having studied in Urdu Medium up to 7th standard and the high school classes in English Medium. Somewhere in 1996, her salary increments were withheld by the Corporation on the ground that she had not passed Kannada language examination. Then, she gave a representation to the respondent-Corporation vide Annexure-E, dated 29- 10-1998, requesting it to release the same. On her representation, the salary increments were notionally released by the respondent-Corporation without any financial benefit to petitioner through its office order dated 12-1-1999 vide Annexure-F, and extending the financial benefit of incremen...


Mar 07 2001

Modinbi and ors. Vs. the Kalal Khatik Samaj Seva Sangha and ors.

Court: Karnataka

Decided on: Mar-07-2001

Reported in: ILR2001KAR2909; 2002(1)KarLJ180

N.K. Patil, J.1. The appellants herein aggrieved by the order dated 27-11-2000 passed by the learned Single Judge in Writ Petition No. 25196 of 1999 have preferred this appeal.2. The said writ petition came up for consideration before the learned Single Judge on 27-11-2000. The writ petition was allowed and the impugned cancellation of notification dated 3-7-1998 under Section 48(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') and published in Karnataka Gazette, dated 25th March, 1999, denotifying an extent of 32 guntas in Sy. No. 46/C was quashed. The appellants, who were respondents 5 to 10 in the writ petition, are before this Court.3. The third respondent issued the preliminary notification dated 22nd May, 1986 under Section 4(1) of the Act, at the instance of the first respondent for the purpose of burial ground, which was followed by the final notification dated 11-7-1987 issued under Section 6(1) of the Act. It is stated by the appellants that though ...


Mar 07 2001

Karnataka State Road Transport Corporation Vs. A. Ramanna

Court: Karnataka

Decided on: Mar-07-2001

Reported in: ILR2001KAR2914; (2001)IILLJ1212Kant

D.V. Shylendra Kumar, J.1. The Karnataka State Road Transport Corporation, employer of the respondent has preferred this Appeal, being aggrieved by the order dated June 29, 2000 passed by the learned single Judge of this Court in W.P. No. 37687/1998. Affirming the award passed by the Labour Court, Mangalore, in I.D. Application No. (LCM)-126/19 dated March 20, 1998, praying for setting aside the order of the learned single Judge and also for quashing of the award and for other incidental reliefs.2. The brief facts leading to the above Appeal are that the respondent/workman who was working as Conductor in the service of the appellant/Corporation in the year 1968 onwards was found to have committed certain acts of misconduct while working as a conductor. It appears that the respondent was conducting the Corporation bus bearing MYF-9821 which was plying on Mangalore-Puttur Road and while so plying, the bus was inspected on November 24, 1985 by the Inspecting Squad of the Corporation and f...


Mar 05 2001

J.K. JaIn Vs. Director of Collegiate Education, Bangalore and anr.

Court: Karnataka

Decided on: Mar-05-2001

Reported in: 2002(4)KarLJ356

ORDERN. Kumar, J.1. Though this petition is listed for preliminary hearing in 'B' group, the same is heard finally by consent and disposed off by this order.2. The petitioner has preferred this writ petition for a writ of certiorari for quashing the order dated 7-11-2000 passed in Appeal No. 72 of 2000 (HE) by the second respondent,3. The petitioner challenged the action of the first respondent denying counting of service prior to regular appointment for pay fixation and other benefits in W.P. No. 21655 of 1992. This Court by its order dated 13-11-1997 disposed off the writ petition reserving the liberty to the petitioner to make a proper representation before the State Government and the Director of Collegiate Education requesting them for continuity of service for the purpose of seniority, pay fixation and such other benefits with effect from the date of his initial appointment as has been done in the case of lecturers appointed in Government colleges. Accordingly, the petitioner mad...


Mar 05 2001

Smt. R. Rajeshwari Vs. H.N. Jagadish and Another

Court: Karnataka

Decided on: Mar-05-2001

Reported in: 2001(5)KarLJ634

ORDER1. Petition filed under Section 482 of the Cr. P.C., for restoration of a private complaint in P.C.R. No. 234 of 1997 dismissed for default on 18-9-1999.2. It is the case of the petitioner-complainant that, she had filed a private complaint for prosecuting the accused for an offence under Section 138 of the Negotiable Instruments Act. On the fateful day, when the case was called, though she was present in the Court, she could not hear properly and present before the Court, and in the result, the complaint was dismissed. Immediately, on the same day, memo was filed for restoration. The Trial Court rejected the request, revision was also filed before the Sessions Court in Cri. R.P. No. 91 of 2000 and the same came to be dismissed. Therefore, invoking the inherent power, the present petition is filed.3. On going through the material, I find that the Magistrate has power to dismiss the complaint, if the complainant is absent and at the same time, the dismissal order is passed, the Cou...


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