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Karnataka Court August 2004 Judgments

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Aug 03 2004

Employees State Insurance Corporation Vs. K. Uttam Chand JaIn and ors.

Court: Karnataka

Decided on: Aug-03-2004

Reported in: [2005(104)FLR635]; ILR2005KAR66; 2004(7)KarLJ627; (2005)ILLJ767Kant

N.S. Veerabhadraiah, J.1. This appeal is filed by the ESI Corporation assailing the Judgment of Acquittal of the Accused for the offence punishable under Section 85(a) of the Employees State Insurance Act, 1948 by the Special Court for Economic Offences, Bangalore in C.C.No. 608/1994 dated 29.6.1998. The brief fact are as follows:The respondents are carrying on the business of printing under the name and style of M/s. Vaishali Printers' situated at No. D-8-10, Sri Balaji Complex, Sultanpet Bangalore - 560053. The said Printers is covered under the provisions of the ESI Act by giving a Code no. 53-4525/83. The respondent Nos. 1 to 3 are partners of the said M/s. Vaishali Printers. On the allegation of non-payment of contribution of Rs. 2,722.50/- for the wage periods ending 31.10.1992, 30.11.1992 and 31.12.1992, the Corporation filed a Complaint under Section 200 Cr.P.C. before the Special Court for Economic offences, Bangalore, alleging that the respondents have committed an offence pu...


Aug 02 2004

Tulsamma Vs. Jagannath and ors.

Court: Karnataka

Decided on: Aug-02-2004

Reported in: 2004CriLJ4272; ILR2004KAR4128; 2004(6)KarLJ43

Mohan Shantanagoudar, J.1. By the impugned order, the Court below has dismissed the complaint filed by the petitioner as not maintainable.2. The records disclose that the petitioner herein had, lodged the complaint (hereinafter referred to as first complaint) under Section 200 Cr.P.C. before the Court below, alleging offences punishable under Sections 494 and 495 of IPC against the respondents, inter alia contending that the 1st respondent had married the 2nd respondent herein during the subsistence of first marriage between the petitioner and the 1st respondent herein. The said complaint was registered as CC .No.844/ 1995 (P.C.No.13/1995). During the pendency of the trial in CC.No.844/ 1995, the petitioner - the complainant remained absent on the date of hearing and consequently the said complaint was dismissed for non- prosecution on 04.12.2000. The complainant made an application for recalling the order of dismissal for default. That application was also dismissed.However, the petit...


Aug 02 2004

Dr. C. Basavaraju Vs. University of Mysore and ors.

Court: Karnataka

Decided on: Aug-02-2004

Reported in: [2005(104)FLR684]; ILR2004KAR5082; 2004(6)KarLJ542

ORDERN. Kumar, J.1. The petitioner was appointed as a full time lecturer in the 1st respondent University on 30.10.1996. He was appointed as a Reader through direct selection on 31.1.2003. He has completed M.A., LL.M., and he has been awarded Ph.D. degree in Social Justice under the Indian Constitution. By a notification dated 22.10.2003 the petitioner came to be nominated as a Dean of faculty of law under Section 21 of the Karnataka Universities Act, 2000 ( for short hereinafter referred to as 'the Act') pursuant to the approval given by the Vice Chancellor. Annexure -B is the said notification. According to the petitioner, as is clear from the notification the term of Deanship is for a period of two years, hence his term shall expire only on 22.10.2005.2. The University has issued a notification as per Annexure - A nominating the 3rd respondent as Dean of Faculty of law, in the 1st respondent University. The grievance of the petitioner is that as per Annexure-B he is entitled to cont...


Aug 02 2004

In Re: Titan Springs Ltd.

Court: Karnataka

Decided on: Aug-02-2004

Reported in: [2005]126CompCas657(Kar); ILR2005KAR2373; [2005]57SCL403(Kar)

ORDERD.V. Shylendra Kumar, J.1. This is a report placed before the Court by the Official Liquidator incharge of the winding up proceedings of M/s. Titan Springs Ltd., a company in the process of being wound up pursuant to the order passed by this Court on 29-8-1990, is in the context of C.A. 38/98 filed in the two Co. P. 23 and 24 of 1999 and for the purpose of apprising the Court about the factual position for the purpose of sharing and distributing of the available assets of the company under liquidation, amongst the secured creditors of the company. M/s. Karnataka State Financial Corporation, a secured creditor had filed an application in C.A. 38/98 praying for permission to sell some of the assets of the company which it had taken over in exercise of its statutory powers under section 29 of the State Financial Corporations Act ('the Act' for short).2. In the context of the various claims that had been put forth by the secured creditors who are three in number namely M/s. Karnataka ...


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