Karnataka Court October 2003 Judgments
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The Divisional Controller, N.E.K.R.T.C., Bellary Division Vs. Marembee ...
Court: Karnataka
Decided on: Oct-07-2003
Reported in: 2005ACJ1141; 2003(6)KarLJ294
Ram Mohan Reddy, J. 1. This appeal is filed under Section 30 of the Workmen's Compensation Act, 1923 (for short, 'the Act') by the original employer directed against the judgment and award passed by the Commissioner for Workmen's Compensation (for short, 'Commissioner') on 3-1-2003 in W.C. No. 1061 of 2001.2. The material facts leading to the present appeal are as under:The applicant 1 is the widow of the deceased Latif, applicants 2 and 3 are the minor children of the deceased. The applicants jointly preferred an application for compensation due to the death of Latif out of and in the course of employment from the appellant-Corporation. The deceased was a driver of the appellant-Corporation appointed on 7-1-1982. The accident in question arose on 19-11-2001, at about 7 a.m. The deceased was in charge of the bus belonging to the appellant-Corporation discharged his duties of driving the said bus from Bellary on 17-11-2001, reached Mysore at 6 a.m. on 18-11-2001. Thereafter, the decease...
The Divisional Controller, Nekrtc Vs. Marembee and ors.
Court: Karnataka
Decided on: Oct-07-2003
Reported in: I(2004)ACC136; ILR2003KAR4221
Ram Mohan Reddy, J.1. This appeal is filed under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') by the original - employer directed against the Judgment and award passed by the Commissioner for Workmen's compensation (for short Commissioner) on 3.1.2003 in W.C.No. 1061/2001.2. The material facts leading to the present appeal are as under:The applicant No. 1 is the widow of the deceased Latif, applicants -2 and 3 are the minor children of the deceased. The applicants jointly preferred an application for compensation due to the death of Latif out of and in the course of employment from the appellant-Corporation. The deceased was a driver of the appellant-Corporation appointed on 7.1.1982. The accident in question arose on 19.11.2001, at about 7 a.m. The deceased was incharge of the bus belonging to the appellant-Corporation discharged his duties of driving the said bus from Bellary on 17.11.2001 reached Mysore at 6 a.m. on 18.11.2001. Thereafter, the deceased dr...
Ananth Engineering Works and anr. Vs. Karnataka Electricity Board (Kpt ...
Court: Karnataka
Decided on: Oct-07-2003
Reported in: 2004(3)KarLJ337
N.K. Jain, C.J.1.These intra-Court writ appeals arise out of the common order passed by the learned Single Judge dated 19-1-2001, in W.P. No. 24526 of 1996 and connected writ petitions. Common questions of fact and law are involved in all these appeals. As agreed, the appeals are disposed of by this common order.2. For the sake of convenience, the facts in W.P. No. 24526 of 1996, leading upto these appeals, are taken.Writ petitioners in W.P. No. 24526 of 1996 (hereinafter called 'Consumers') are the owners of special plot No. 2, situate in Industrial Estate, M.S.K. Mill Road, Gulbarga. They have put up structure on the said site consisting of several tenements. On construction of cellar and first floor, an application was made to the Kamataka Electricity Board (hereinafter called 'Board') for supply of electricity to the said premises measuring 750 sq. metres, applying for the load of 6.72 K.Ws., which was sanctioned by order dated 19-6-1995. On payment of the requisite amount, the Con...
Ali Agro Extract Pvt. Ltd. Vs. Assistant Commissioner of Commercial Ta ...
Court: Karnataka
Decided on: Oct-07-2003
Reported in: [2006]146STC373(Kar)
ORDERR. Gururajan, J.1. All Agro Extract Pvt. Ltd., is before me challenging the recovery proceedings initiated by the respondent-State.2. The admitted facts reveal that the petitioner has suffered heavy losses and accordingly closed his business in the year 2001. The petitioner says that the Karnataka State Finance Corporation has taken the custody of the factory and employed their security men by locking the doors of the factory where even the petitioner is not allowed to visit the factory premises. This is done by the Karnataka State Finance Corporation towards non-payment of the loan by the company. The State Bank of Mysore according to the petitioner has referred the matter to Debt Recovery Tribunal, which is pending.3. The petitioner admits that the company is liable to pay the arrears of tax towards outstanding amounts. The arrears of sales tax pertaining to the petitioner has been referred to the Special Judicial Magistrate, First Class, and the same is pending. In the meanwhil...
Maqsood and ors. Vs. the Commissioner for Cane Development and the Dir ...
Court: Karnataka
Decided on: Oct-06-2003
Reported in: 2004(1)KarLJ133
ORDERD.V. Shylendra Kumar, J.1. All these writ petitions have been filed by farmers who had supplied sugarcane to the 3rd respondent-Sahakari Sakkare Karkhane at Bhusnoor, Aland Taluk, Guibarga District, with a complaint that they had supplied sugarcane several years ago and they had not been paid the full price of the sugarcane supplied by them to the factory.2. Petitioners' request for making payment, having fallen on deaf ears and even the 1st and 2nd respondents-authorities, who could have ensured that the price of the sugarcane not paid by the factory could have been realized and paid to the farmers under the provisions of the Sugarcane (Control) Order, 1966, having not taken suitable action for the same, the petitioners have approached this Court, for issue of suitable directions to the 1st and 2nd respondents-the Commissioner for Cane Development and the Director of Sugar, and the Deputy Commissioner, Guibarga District, Guibarga, respectively for taking steps for realization of ...
Zareen Bega Vs. New India Assurance Co. Ltd. and ors.
Court: Karnataka
Decided on: Oct-06-2003
Reported in: 2004ACJ1148
S.R. Nayak, J.1. The appellant is the mother of the deceased and she has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act') calling in question the correctness and legality of the judgment and award dated 13.12.2000 in M.V.C. No. 3064 of 1996 on the file of the Motor Accidents Claims Tribunal and Additional Judge, Court of Small Causes, Bangalore City (SCCH-5), for short 'the M.A.C.T.2. The facts of the case in brief are as follows: On 24.6.1993 the deceased Naseer Khan by name, was driving lorry bearing registration No. CAA 6286 along with Yosuffa Pasha, the cleaner, on Bangalore-Pune National Highway. At about 11.30 p.m., when the said vehicle was moving 9 km. away from Ranebennur, lorry bearing the registration No. MH 17-6731 came from the opposite direction in a most rash and negligent manner and dashed against the lorry driven by the deceased and as a result Naseer Khan sustained grievous injuries and ultimately succumbed to those injuri...
Indian Dental Association, by Its Secretary and anr. Vs. Union of Indi ...
Court: Karnataka
Decided on: Oct-01-2003
Reported in: ILR2003KAR4564; 2004(1)KarLJ282
ORDERKumar, J.1. The point that arise for consideration in these Writ Petitions is:'Whether a 'deemed University' under Section 3 of the University Grants Commission Act, 1956 falls within the phrase 'University established by law' used in Section 3(d) of the Dentists Act, 1948'.2. The brief facts leading to these Writ Petitions are as under:In exercise of the powers conferred under Section 3 of the University Grants Commission Act, 1956 (Act No. 3 of 1956) (hereinafter for short referred as 'UGC Act'), the Central Government has declared the fourth respondent as deemed to be a University for the purposes of the UGC Act. The fourth respondent is running five colleges out of which two colleges of Dental Surgery which are situated at Manipal and Mangalore. The fifth respondent is the Professor Head of the Department and Dean in the College of Dental Surgery, Mangalore, belonging to the fourth respondent.3. Section 3 of the Dentists Act, 1948 (hereinafter referred to short as 'the Act') w...
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