Karnataka Court November 2002 Judgments
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The National Insurance Company Limited Vs. Hameed Ummarabba Yan Umar B ...
Court: Karnataka
Decided on: Nov-15-2002
Reported in: II(2003)ACC443; 2003ACJ1968; 2003(3)KarLJ321
S.B. Majage, J. 1. Claim petition filed by the first respondent under Sections 10 and 22 of the Workmen's Compensation Act (hereinafter referred as 'Act'), claiming compensation of Rs. 1,52,667.50 paise with interest and cost from the appellant on account of permanent disability caused to him due to injuries sustained in an accident on 11-9-1995 at about 10 p.m. when he was working as driver of Auto rickshaw bearing No. CTA 9641 on monthly salary of Rs. 1,500/- under the second respondent, has been allowed by the Commissioner awarding compensation of Rs. 2,63,940/- with interest at the rate of 12% per annum, after taking monthly wages at Rs. 2,000/-, applying Sections 4 and 4-A as they stand now from 15-9-1995 (after amendment). As the Commissioner has applied provisions, which came into force after the date of accident and not applied the provisions as they stood on the date of accident, this appeal is filed by the appellant-Insurance Company, raising following substantial question of...
The Management of Mysore Structurals Limited and ors. Vs. Vice-preside ...
Court: Karnataka
Decided on: Nov-14-2002
Reported in: [2003(96)FLR93]; 2002(6)KarLJ331; (2003)ILLJ372Kant
ORDERS.R. Bannurmath, J. 1. These criminal petitions are filed under Section 482 of the Cr. P.C. by the accused for quashing the proceedings in C.C. Nos. 1023 to 1025 of 1990 on the file of the VII Additional Chief Metropolitan Magistrate, Bangalore. 2. The brief facts necessary for consideration are as follows.-Petitioner 1-management dismissed the workmen by name Sri N. Sampangirama, N. Shama and N. Aswatha, from service on 2-8-1974, 12-8-1974 and 12-8-1974 respectively. They raised the dispute under the Industrial Disputes Act (hereinafter referred to as the 'Act') before the Labour Court and by the awards, the Labour Court directed the accused management to reinstate the workmen with full back wages. The same was challenged before this Court in W.P. Nos. 18717 of 1980, 19806 of 1979 and 5459 of 1980 and this Court by the order, dated 29-5-1989 dismissed the writ petitions thereby upholding the awards. Thereafter, the awards became final as they were not challenged any further. On 2...
Jayashree Nayak Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Nov-14-2002
Reported in: ILR2002KAR5355; 2003(1)KarLJ396
ORDERP. Vishwanatha Shetty, J.1. In this petition, the petitioner who was appointed as a Physical Culture Instructor in the 5th respondent-College has sought for a direction to regularise her services as a Lecturer in the 5th respondent-College.2. A few facts which are not in serious dispute may be stated as hereunder:The petitioner was appointed as a Physical Culture Instructor on 11th September, 1989. She continued in that position till 31st March, 2002 and her appointment was being renewed on contract basis every year and she was being paid a sum of Rs. 1,040/- p.m. A fresh option was given to the petitioner to continue her service on contract basis by means of communication dated 29th June, 2001, a copy of which has been produced as Annexure C. Subsequent to the communication (Annexure-C) dated 29th June, 2001, during the term of her appointment as per Annexure-C the petitioner was paid a sum of Rs. 6,000/-p.m. as her salary. In the appeal filed by the petitioner before the 2nd res...
V.B. Desai and anr. (L/Rs. of Late B.J. Desai) Vs. Administrative Offi ...
Court: Karnataka
Decided on: Nov-14-2002
Reported in: (2003)181CTR(Kar)279; [2003]260ITR277(KAR); [2003]260ITR277(Karn)
Kumar Rajaratnam, J.1. Writ appeals are taken up with the consent of parties.2. The appellants are partners of a firm under the name and style B. J. Desai and Sons, Belgaum, Karnataka, assessed to tax. The firm is a registered firm under the provisions of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). The firm filed an application before the Settlement Commission under Section 245C(1) for the assessment years 1970-71 to 1975-76 for determination of its tax dues.3. It is common ground that the firm was a registered firm for these assessment years under the provisions of the Act.4. The Settlement Commission determined the total income and the tax liability of the firm by its order dated June 15, 1984 (annexure A).5. The Settlement Commission after passing appropriate orders made the following observations in paragraph 25 at annexure A :'The Income-tax Officer will issue a demand notice and will also revise the assessment of partners so far as it covers the share income ...
Ramdas G. Baliga Vs. State of Karnataka, by Its Secretary, Revenue Dep ...
Court: Karnataka
Decided on: Nov-14-2002
Reported in: ILR2003KAR2298
Saldanha, J.1. An extremely unusual situation has arisen in this appeal which necessarily calls for a very special level of innovation in the matter of moulding of the reliefs that can be granted. The appellant before us is the original land holder and he has contended that the land in question which originally measured 3 acres and 81 cents out of which, some portion was acquired and now measures 3 acres 31 cents was leased out to the tenant under a restrictive lease. This is a special aspect of the case that has been highlighted by the appellant's learned Advocate who submits that the Tribunal and the learned Single Judge while granting and confirming the occupancy rights in favour of the tenant have overlooked this crucial aspect. There can be little dispute about the fact that the lands were let out to the tenant on lease in or about the year 1959 and that on the appointed date, the tenant did satisfy the basic requirements. This is the main reason why the occupancy rights have been...
V.B. Desai and R.B. Desai Vs. Administrative Officer, Settlement Commi ...
Court: Karnataka
Decided on: Nov-14-2002
Reported in: [2002]125TAXMAN1097(Kar)
Kumar Rajaratnam, J.Writ Appeals are taken up with the consent of parties.2. The appellants are partners of the firm under the name and style M/s. B.J. Desai and Sons, Belgaum, Karnataka, assessed to tax. The firm is a registered firm under the provisions of the Income Tax Act (hereinafter referred to as the Act). The firm filed an application before the Settlement Commission under section 245C(1) for the assessment years 1970-71 to 1975-76 for determination of its tax dues.3. It is common ground that the firm was a registered firm for these assessment years under the provisions of the Act.4. The Settlement Commission determined the total income and the tax liability of the firm by its order dated 15-6-1984 (Annexure-A).5. The Settlement Commission after passing appropriate orders made the following observations in paragraph-25 at Annexure-A :'The Income Tax Officer will issue demand notice and will also revise the assessment of partners so far as it covers the share income from the ap...
Mohammedali Vs. Elias Mathai
Court: Karnataka
Decided on: Nov-14-2002
Reported in: I(2004)ACC586
S. Sankarasubban, J.1. This writ appeal is filed against the judgment of a learned Single Judge in O.P. No. 9605 of 2002 reported in 2002 (3) KIT 434. Appellant is third respondent in the original petition. First petitioner in the original petition is an existing operator on the strength of a regular permit in respect of the vehicle, KL-9E, 1017 on the route Mannarkkad-Malampuzha. The second petitioner in the original petition is existing operator on the route Thathamangalam-Malampuzha.2. The appellant applied for fresh permit for operating on the route Kondotty-Palakkad via. Edavannapara, Areekod, Manjeri, Pandikkad, Melattur, Unniyal, Alanellur, Mannarkkad, Kalladikode and Olavakkode. The route Kondotty - Palakkad is in an inter-district out. It covers a distance of 121 kms. Out of the total distance of 121 kms. 63.05 kms. lie in Malappuram District and the balance 57.5 kms. lie in the Palakkad District. The appellant applied for the permit in the Malappuram Regional Transport Author...
North West Karnataka Road Transport Corporation Vs. Mohammad Kamil Sin ...
Court: Karnataka
Decided on: Nov-13-2002
Reported in: [2003(97)FLR306]; 2003(1)KarLJ349; (2003)IILLJ713Kant
G.C. Bharuka, J. 1. In this appeal preferred by the North West Karnataka Road Transport Corporation, the pure question of law that arises for consideration, is regarding the validity of Regulation 23(8) of the Karnataka State Road Transport Corporation (Conduct and Discipline) Regulations, 1971. This Regulation reads as under: 'A Corporation servant may take the assistance of another Corporation servant from the same division or unit where the accused Corporation servant is working, to present the case on his behalf, but he may not engage a legal practitioner for the purpose'. 2. In the present case, the respondent who is working as Junior Assistant in the appellant-Corporation, is facing disciplinary enquiry. In the enquiry, he, invoking the provisions contained in Regulation 23(8) extracted above, sought permission of the enquiring officer to engage the services of a legal practitioner. But the same was rejected. According to the enquiring officer, keeping in view the provisions cont...
The Management of Bata India Limited Vs. Workmen of Bata India Limited ...
Court: Karnataka
Decided on: Nov-13-2002
Reported in: [2003(97)FLR269]; 2003(1)KarLJ488; (2003)IILLJ68Kant
G.C. Bharuka, J.1. The appellant is a public limited company. It is engaged in manufacture of shoes of various types. One of its factories is set up at Peenya Industrial Area, Bangalore. This factory is known as 'Southcan'. 2. It appears that for certain reasons, the appellant had declared lockout of its factory with effect from 1-10-2001. This has caused an industrial dispute between the workmen and the management. Since conciliation had failed between the parties, the Government, having been appraised of the same, it by order dated 1-1-2002 (Annexure-A) made a reference under Section 10(1)(c) and (d) of the Industrial Disputes Act, 1947 (in short the 'Act') on the following points: '1. Whether Eata Employees Association proves their allegation that the lockout declared by Bata India Limited Management, 4thPhase, Peenya Industrial Area, Bangalore-58, with effect from 1-10-2001 is illegal and unjustified? 2. In case if the lockout declared by Bata India Limited is proved as illegal an...
infant Advertising Private Limited and anr. Vs. Bangalore City Corpora ...
Court: Karnataka
Decided on: Nov-13-2002
Reported in: AIR2003Kant79; 2003(1)KarLJ444
ORDERA.V. Srinivasa Reddy, J.1. In this petition filed under Articles 226 and 227 of the Constitution of India the prayer is to quash the impugned endorsement Annexure-G, dated 23-2-2001 issued by the respondents directing the petitioners to cure the defects contained in the application for renewal made by the petitioner in respect of hoardings already erected by the petitioners and further informing the petitioners that in the event of failure on the part of the petitioners to cure the defects noted by the respondent within a period of 7 days that the respondents would act in accordance with thedirections given by this Court in the previous writ petitions filed by the petitioners. The petitioners allege that the impugned endorsement issued by the respondents is untenable and it is a manifestation of the predetermined intention of the Corporation to arbitrarily refuse the request of the petitioners for renewal of the licence.2. The number of hoardings involved in these petitions is 31....
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