Karnataka Court November 2003 Judgments
The Assistant Executive Engineer Vs. J. Mahadevaiah and anr.
Court: Karnataka
Decided on: Nov-07-2003
Reported in: ILR2004KAR225; 2004(3)KarLJ367; (2004)IILLJ736Kant
Raveendran, J 1. The respondents herein claimed that they were appointed by the Assistant Executive Engineer, Zilla Panchayath Engineering Sub-Division, Nanjangud Taluk, Mysore, (Appellant herein on 1.6.1994 and 11.8.1995 respectively on daily wage basis and that their services were terminated on 30.8.1996 without complying with Section 25(F) of the Industrial Disputes Act, 1947 ('Act' for short). A dispute was raised and the State Government referred the following disputes to the Labour Court, Mysore, under Section 10(1)(c) of the Act.(i) Whether the Assistant Executive Engineer, Engineering Sub-Division, Zilla Panchayat, Nanjangud, is justified in retrenching the service of J. Mahadevaiah and D.P. Babu with effect from 30.8.1996?(ii) To what relief the workmen are entitled to?The said reference was registered as Ref. No. 154 of 1998 on the file of the Labour Court, Mysore. In the said reference, the respondents were arrayed as I party and the appellant as II party. The respondents fi...
Tag this Judgment!Smt. Mallamma Vs. State by Chamarajpet Police Station
Court: Karnataka
Decided on: Nov-07-2003
Reported in: 2004(1)KarLJ606
ORDERM.S. Rajendra Prasad, J.1. Though, the matter is listed for admission by consent of both sides, the matter is taken up for final disposal.2. This petition, by accused 2 is filed under Section 482 of the Cr. P.C., praying to set aside the order dated 31-10-2003 passed by the XXIII Additional City Civil and Sessions Judge, Bangalore, in SC No. 460 of 1996, and to direct the Trial Court to secure the presence of D.W. 4 and to proceed with the case, challenging the legality and validity of the proceedings.3. The Court has heard the arguments of Sri C.H. Hanumantharaya, the learned Counsel on behalf of the petitioner and Sri C. Ramakrishna, High Court Government Pleader on behalf of respondent-State.4. The learned Counsel for petitioner strenuously contended that the material on record clearly goes to show that the order impugned is illegal and invalid. The learned Sessions Judge had failed to afford full and fair opportunity to the petitioner to prove the defence side and for no fault...
Tag this Judgment!Southern Ferro Ltd. Vs. Karnataka Power Transmission Corporation Ltd.
Court: Karnataka
Decided on: Nov-07-2003
Reported in: [2004]52SCL508(Kar)
ORDERD.V. Shylendra Kumar, J.1. Petitioner company claims that it is a company declared as a 'Sick Industrial Undertaking' within the meaning of this expression occurring in Section 3 of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as 'the Act' for short) as per an order passed to this effect on 20-7-1999 by the Bench-Ill of the Board for Industrial and Financial Reconstruction in Case No. 96/99 before it.2. It is the case of the petitioner that pursuant to the order, efforts for reviving the company is on. The petitioner-company is aggrieved by the two demands raised on it as per Annexure-C dated 2-5-2002 in Bo. AEEE-I/AAO/SAI/HT/HBL/2002-03/650 for Rs. 4,13,830 and Annexure-E dated 24-8-2002 in No. DRSD./SA/PI/2077 for Rs. 34,17,627 by the respondent apprising the petitioner as per the communication dated 24-8-2002 (Annexure-E) that on failure of payment within a week therefrom, power supply to the installation will be disconnected.3. Petition...
Tag this Judgment!Dustven Pvt. Ltd. Vs. the E.S.i. Corporation
Court: Karnataka
Decided on: Nov-07-2003
Reported in: [2004(102)FLR162]; ILR2004KAR2190; (2004)IIILLJ411Kant
ORDER MADE UNDER SUB-SECTION (1) OF SECTION 45-A - PRESUMPTION UNDER SUBSECTION (2) OF SECTION 45A - HELD, the presumption available under Sub-section (2) of Section 45-A is that an order made under Sub-section (1) of Section 45-A is true and correct and question of agitating the same issue before the ESI Court does not arise.Dismissing the appeal, the Court. Held:Admittedly in this case, the matter was remitted to the ESI Court with a specific direction to determine the quantum of contribution on the basis of factual. Though opportunity was given to adduce evidence, the appellant herein has failed to produce the relevant original documents like salary registers, attendance registers and account books pertaining to the branches at Madras, Calcutta, Bombay, Delhi and Coimbatore. The ESI Court, left with no option has held that the claim made by the Corporation is proper. In the facts and circumstances of the case, the order passed by the ESI Court dismissing the application, holding tha...
Tag this Judgment!P. Mahendra and Co. Vs. Dena Bank
Court: Karnataka
Decided on: Nov-07-2003
Reported in: ILR2004KAR881; [2006]143STC573(Kar)
Chandra Shekaraiah, J.1. This appeal is by the plaintiff challenging the judgment and decree dated 31-3-1998 in OS No: 3302/88 on the file of the 17th Addl. City Civil Judge, Bangalore city.2. The plaintiff is a dealer carrying on business in non-ferrous metal scrap and the defendant is a nationalised bank having its branch at K.G. Road, Bangalore. The defendant invited tenders for two consignments comprising of 1386 an 139 pieces of 'Lead Ingots' weighing 35,178 and 6562 K.Gs respectively. Pursuant to that the plaintiff has filed his tender quoting the price of the lead ingots at Rs. 10. 60 per kg exclusive of taxes. The tender of the plaintiff was accepted by the defendant Bank Pursuant to this acceptance the plaintiff has paid the entire sale consideration calculated at the rate of Rs. 10.60 ps and paid a sum of Rs. 31, 855.95 ps. towards Karnataka sales tax at 6% plus surcharge, plus R.D.C or sales tax. According to the plaintiff has defendant Bank being not a registered dealer is ...
Tag this Judgment!M.D. Uthaiah (Since Deceased by L.Rs.) and ors. Vs. Mandepanda Aiyanna ...
Court: Karnataka
Decided on: Nov-07-2003
Reported in: ILR2004KAR1165
ORDERR.V. Raveendran, J 1. Petitioner and the respondents herein are the plaintiffs and defendants respectively in OS No. 212 of 1989, on the file of Civil Judge (Jr Dn) Virajpet. Petitioners filed IA-XXIII under Section 151 CPC to club the said suit [OS No. 212 of 1989] with OS Nos. 240 of 1989, 242 of 1990, 151 of 1995 and 161 of 1996. The said application was dismissed by order dated 18-1-2002. Feeling aggrieved, petitioners have filed this petition under Section 115 of CPC, on 14.2.2002.2. Section 115 of CPC was amended by Section 12 of Code of Civil Procedure (Amendment) Act, 1999 (for short, 'Amendment Act') by substituting the proviso to Sub-section (1). The said amendment to Section 115 came into effect from 1-7-2002. The proviso to Sub-section (1) of Section 115 CPC as substituted provides that the High Court shall not under that Section, vary or reverse any order made in the course of a suit or other proceeding, except where the order, if it had been made in favour of the par...
Tag this Judgment!Rangappa and ors. Vs. B.L. Mahalingappa and anr.
Court: Karnataka
Decided on: Nov-06-2003
Reported in: II(2004)ACC110; 2005ACJ89; 2004(1)KarLJ527
S.R.Nayak, J.:1. The dependants of the deceased being aggrieved by the judgment and award dated 3rd January, 2001 passed in M.V.C. No. 1299 of 1998 on the file of the Motor Accidents Claims Tribunal, Chitradurga (for short, 'the MACT), have preferred this appeal under Section 173(1) of the Motor Vehicles Act, 1988 (for short, 'the Act'), seeking more compensation. The facts of the case as stated by the claimants in their claim statement in brief are as follows:The fact that the deceased Puttamma died in an accident caused due to rash and negligent driving of an autorickshaw bearing Registration No. KA-16/6189 by its driver is not in controversy. According to the claimants the deceased was 35 years aged on the date of accident; she was earning monthly income of Rs. 3,000 as vegetable vendor. On that basis, the claimants claimed total compensation of Rs. 5,00,000/- under various heads.2. The MACT having opined that the claimants have not produced any satisfactory proof with regard to the...
Tag this Judgment!Karnataka State Road Transport Corporation Vs. Arun Alias Aravind
Court: Karnataka
Decided on: Nov-06-2003
Reported in: II(2004)ACC53; 2004ACJ249; AIR2004Kant149; ILR2004KAR26; 2004(1)KarLJ338
ORDERN.K. Jain, C.J.1. This reference has been placed before this Full Bench as per the order of the Chief Justice, dated 14-10-2003, and has come up before us today.The other connected matters referred involve the same question of law and as agreed they are also taken up together for consideration.2. For the sake of convenience, the factual matrix of the case with reference to essential facts which are not in dispute, giving rise to this reference can be stated with reference to M.F.A. No. 4552 of 1997 and Cross-appeal No. 11 of 1998 as follows.--In a motor accident that occurred on 15-4-1993 at 21:30 hours on Bagalkot to Guddankeri Road, due to collision of Karnataka State Road Transport Corporation, bus bearing No. MEF/8529 and lorry coming in opposite direction, Arun alias Aravind, aged 31 years, who was travelling as a passenger in the bus, sustained grievous injuries to his right hand and right elbow leading to amputation of right hand above the elbow on 17-4-1993. The injured fi...
Tag this Judgment!Daljith Singh Ghai and anr. Vs. State of Karnataka by the Station Hous ...
Court: Karnataka
Decided on: Nov-05-2003
Reported in: 2004CriLJ1024; ILR2003KAR4849; 2004(1)KarLJ431
ORDERRamesh, J. 1. Heard the learned Counsel appearing for the petitioners and the learned HCGP.2. This petition is filed assailing the order of the JMFC., Chittapur, in directing the registration of the case against the petitioners for the offence punishable under Section 304A IPC by order dated 1.3.2000 in C.C. No. 131/2000 wherein the facts are on 7.4.1998, at about 1.30 PM or so, one Jalaluddin, an employee of M/s. Associated Cement Cos. Ltd. whose service was being utilised in the factory premises at Wadi has stationed himself in the third floor of the factory building at the time the complainant Babulal was also accompanying the deceased and they were engaged in lifting iron weights weighing 50 kgs. for weighing kiln material and from the ground floor those weights were being tied by a rope by Basavaraj and they were lifting the same and they had to lift about 100 such iron weights. Since morning they had lifted 17 such weights and while lifting the 18th weight, rope was dropped ...
Tag this Judgment!Pradeep Vs. State by Sira Police
Court: Karnataka
Decided on: Nov-05-2003
Reported in: ILR2004KAR260; 2004(1)KarLJ314
1. This appeal is filed being aggrieved by the judgment of conviction and sentence passed by the learned Principal Sessions Judge, Tumkur, in Sessions Case No. 57 of 1999, dated 28-2-2001 holding the appellant guilty of the offence under Section 302 of the IPC and sentencing him to undergo life imprisonment.2. The factual matrix as per the prosecution is as follows.--The deceased Jayamma was married to one Ramachandrappa and about 8 to 10 years prior to the incident, she had deserted him and started living at Sira town as a mistress of P.W. 6-Syed Siraj. She was working as a sweeper in 'Geetha Lodge' at Sira. The accused Pradeep was also working as a servant in a nearby hotel called 'Ashoka Hotel'. As per the prosecution case, illicit intimacy developed between the accused and the deceased. P.W. 6, on coming to know of this, had in fact advised the deceased not to have connections with the accused, but it appears, it fell on deaf ears and the illicit relation continued. It appears, the...
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