Karnataka Court November 2005 Judgments

Bharat Fritz Werner Karmika Sangha Vs. the Assistant Labour Commission ...

Court: Karnataka

Reported in: [2006(108)FLR779]; ILR2006KAR148; 2006(4)KarLJ443

ORDERR. Gururajan, J.WP No. 42720 of 20011. Petitioner in this petition i.e. Bharat Fritz Werner Karmika Sangha ('the Union' for short), is before me challenging the order at Annexure-A dated 30.10.2001 as unsustainable in law.2. The Union is a registered trade union existing in the respondent company namely M/s Bharat Fritz Werner Limited, Bangalore ('the management' for short). The Union is recognized by the management for the purpose of collective bargaining. Petitioner Union by its letter dated 31.3.2001 requested the management to recognize five workmen as protected workmen for the year 2001 -02 under Section 33(4) of the Industrial Disputes Act, 1947 ('the Act', for short). There was no response. The Union approached the Assistant Labour Commissioner in the matter. Objections were filed by the management. After hearing, the Assistant Labour Commissioner has rejected the request of the petitioner in terms of the impugned order.WP No. 42719 of 20013. This petition is also by the Un...

K.S. Periyaswamy Vs. Bharath Earth Movers Limited

Court: Karnataka

Reported in: 2006(1)KarLJ283; (2006)ILLJ570Kant; 2006(3)SLJ359(NULL)

ORDERR. Gururajan, J.1. The petitioner-Periyaswamy is before this Court challenging an order of suspension dated 23-9-2005, Annexure-B in the case on hand.2. The petitioner joined as an Administrative Assistant in the respondent-Company. He was suspended by the respondent in terms of Annexure-B. In the suspension order it is stated that he indulged himself in seeking to collect vital information and documents relating to the business deals between the Company and the Collaborator and also corresponding in getting certain details. He was with this allegation kept under suspension by the Company. In the suspension order, it is stated that the petitioner is required to sign the register kept at the Security Gate, BEML Soudha before 10.30 a.m. every day for recording his attendance for the purpose of payment of subsistence allowance, failing which he will not be entitled to subsistence allowance. In addition, it is stated that he should not leave the headquarters without taking prior permi...

Anantagiri Since Deceased by His L.R. Sri. V. Nagaraj Vs. State of Kar ...

Court: Karnataka

Reported in: ILR2006KAR197; 2007(1)KarLJ288

ORDERN.K. Patil, J.1. The Petitioner, questioning the legality and validity of the order dated 12th October 1989 passed in Proceedings No. ALRAA/RA/ 162/87 on the file of the Additional Land Reforms Appellate Authority, Hospet, Bellary District, confirming the order dated 2nd March 1987 passed in proceedings Nos. 88, 89, 93 and 94/81-82 on the file of the Land Tribunal, Harapanahalli, has presented the instant revision petition.2. Deceased third respondent-Sri B. Hiriyappa, now represented by his legal representatives R3 (A-D) had filed two applications for registration of occupancy rights, fourth respondent, claiming to be predecessor of the suit schedule land had also filed Form No. 1 for registration of occupancy rights and petitioner herein also claiming to be inamdar of the said land, had filed Form No. 1 for registration of occupancy rights. On an earlier occasion, the applications filed by petitioner's father (deceased Sri. Ananthagiri), deceased third respondent-Sri B. Hiriyapp...

Process Pumps (Private) Limited Vs. the Deputy Labour Commissioner, Re ...

Court: Karnataka

Reported in: [2006(110)FLR520]; 2006(1)KarLJ414

ORDERR. Gururajan, J.1. Petitioner-Process Pumps Private Limited, is before me challenging the endorsement dated 26-8-2005 issued by the Appellate Authority under the Payment of Gratuity Act. Respondent 2 jointed services of M/s. All Casts Industries in the year 1992. The said establishment was taken over by the petitioner-company. The second respondent resigned from services and thereafter he approached the Controlling Authority by way of a petition stating that he joined All Cast Industries in the year 1982 and not in the year 1992 and hence he should be paid gratuity for additional period of 10 years. Second respondent failed to produce any document in support of his claim. The Controlling Authority after hearing has passed an award for a sum of Rs. 89,239/- on 11-2-2005. Petitioner filed an appeal before the first respondent. While filing the appeal the petitioner did not produce any certificate evidencing the deposit of the amount ordered by the Controlling Authority. In these cir...

State by Old Town Police Vs. Anthony Nikolas

Court: Karnataka

Reported in: 2006CriLJ1582; ILR2006KAR905; 2006(4)KarLJ318

S.R. Bannurmath, J. 1. This is apathetic and bizarre case where the accused-father of the deceased Sunitha is held guilty of the offences under Section 306 and 354 Indian Penal Code and sentenced to undergo RI for 5 years and to pay a fine of Rs. 1000/- for offence Under Section 306, in default of payment of fine to undergo SI for 3 months and also to undergo SI for three months for the offence punishable under Section 354 of Indian Penal Code and to pay a fine of Rs. 500/- in default of payment of fine to undergo SI for one month by the learned Additional Sessions Judge, Shimoga by judgment of conviction and sentence dated 4-11-2000.2. The brief facts of the case giving rise to the present appeal are as follows:The deceased Sunitha, daughter of the accused Antony and PW 4 Neelamma was aged around 15 years at the time of incident i.e., on 21-2-1997. According to the prosecution, because of poverty and necessity, both accused and his wife used to go for work and whenever the wife PW4 wa...

Smt. Jayarathnamma and ors. Vs. Mukthiar Singh and anr.

Court: Karnataka

Reported in: 2007ACJ1260

P. Vishwanatha Shetty, J.1. The appellants in this appeal are the widow and minor children of one Shanmukhappa. In this appeal, they have called in question the correctness of the judgment and award dated 19th September 1997, made in MVC No. 577/93 by the District Judge and Motor Accident Claims Tribunal, Chitradurga (hereinafter referred to as 'Tribunal') awarding only a sum of Rs. 3,000/- towards the death of said Shanmukhappa.2. The facts in brief:The deceased Shanmukhappa while travelling in a lorry bearing Regn. No. DL-1G-3668 met with an accident on account of collision with lorry bearing Regn. No. DL-1G-4078. On account of his death, his wife and two minor children filed claim petition before the Tribunal seeking award of compensation of Rs. 3,20,000/-. The Tribunal on consideration of evidence on record having found that the accident in question has taken place on account of rash and negligent driving of the lorry by its driver bearing Regn. No. DL-1G-4078, has awarded only a s...

Mahamod Fazlulla S/O Abdul Gaffar Vs. National Insurance Company Ltd. ...

Court: Karnataka

Reported in: II(2007)ACC699; 2007ACJ368; 2007(6)KarLJ493

K. Sreedhar Rao, J.1. This Court in M.F.A. Nos. 1622 to 1625 of 1997 declared that the liability of the insurer is only limited to Rs. 20,000 per passenger, since the policy is issued under Section 95(2) of the Motor Vehicles Act, 1939. The balance of compensation is directed to be payable by the insured. The insured has filed the above review petitions.2. Motor Vehicles Act, 1939 is replaced by Motor Vehicles Act, 1988 which came into effect from 1.7.1989. The provisions of Section 95 of Motor Vehicles Act, 1939 correspond to provisions of Section 147 of Motor Vehicles Act, 1988.3. The Counsel for the insurer resisted the review petition on the ground that the points urged in the review regarding scope and legal effect of Section 147(2) was not urged in the course of appeal. Therefore, not entitled to re-argue the appeal under the guise of review.4. The Supreme Court in the cases of National Insurance Co. Ltd. v. Nathilal : AIR1999SC623 and New India Assurance Co. Ltd. v. C.M. Jaya : ...

Balu Gopal Desai (Since Deceased by L.Rs. Siddanagouda Balu Desai S/O ...

Court: Karnataka

ORDERK. Ramanna, J.1. This is the second round of litigation fought between the deceased Petition ant and the deceased Respondent No. 3 and his L.rs. The deceased petitioner Balu Gopal Desai who filed this writ petition challenging the impugned order dated 7/9/1996 passed by the 2nd respondent, in Case No. TNC.SR:1941 at Annexure-C, whereby the Land Tribunal Respondent No. 2 rejected Form No. 7 filed by the deceased petitioner to confirm occupancy rights in respect of land Sy.No. 106 old Sy.No. 85/2 measuring 10 acres 25 guntas of Hadalga village in Hukkeri Taluka, mainly on the ground that the order of rejection of declaration filed by the deceased petitioner in Form No. 7 filed under Section 48A of Karnataka Land Reforms Act is contrary to law and evidence on record. The Land Tribunal has failed to appreciate the documentary evidence borne by record of rights and other revenue records to show that he was a tenant and tenancy of the deceased petitioner was uninterrupted since many yea...

Standard Industrial Engg. Co. Vs. Bellary Power (India) (P.) Ltd.

Court: Karnataka

ORDERRam Mohan Reddy, J.1. The petitioner claims to be a creditor of the respondent, a company incorporated under the Companies Act, 1956 (for short the 'Act') having its registered office at Bangalore.2. The respondent is said to have placed a work order dated 11-11-1998 Annexure 'C' on the petitioner for fabrication of 440 Metric Tons of steel structures for Boiler house roof trusses, for its thermal power plant at Bellary, totally valued at Rs. 23,32,000. The respondent having supplied the required raw material, the petitioner completed the job of fabrication which was jointly inspected by the officials of the respondent-company together with their consultants M/s. M.N. Dastur and Company. The petitioner submitted its first bill dated 26-11-1998 for Rs. 12,55,540.32. Annexure 'D' the second bill dated 24-12-1998 for Rs. 1,39,504.48 Annexure 'G'; and the third bill dated 24-7-2000 for Rs. 9,681.99, Annexure T, which the respondent failed to pay but deducted T.D.S. of Rs. 25,111, Anne...

Putta Madappa Vs. Subbappa and anr.

Court: Karnataka

ORDERN.K. Patil, J.1. Petitioner herein claiming to be tenant, being aggrieved by the order dated 27th July, 1989 in Appeal No. DALR:AA:G:435/87 on the file of the Additional Land Reforms Appellate Authority, Nanjangud, setting aside the order dated 30th July, 1987 passed by the Land Tribunal, Gundlupet, in proceedings No. LRF 13/74-75, has presented the instant land reforms revision petition.2. Petitioner herein claiming to be a tenant had filed Form 7 for grant of occupancy rights in respect of land bearing Survey Nos. 404/2 and 1/1 measuring 11 guntas and 2 acres 8 guntas respectively, situate in Maralapura Village, Gundlupet Taluk. The application filed by petitioner had come up before Land Tribunal, Gundlupet on 15th June, 1982 and the Land Tribunal granted occupancy rights in favour of petitioner. Being aggrieved by the said order passed by the Land Tribunal, Gundlupet, the first respondent herein filed the Writ Petition No. 74 of 1983 before this Court and this Court, allowed th...