Karnataka Court April 2005 Judgments

Vikrant Tyres Limited and anr. Vs. Techno Export Foreign Trade Company ...

Court: Karnataka

Reported in: ILR2005KAR4738

K. Sreedhar Rao, J.1. RFA 152/2000, CRP 2703/2003 and CRP 2624/2003 relates to same subject matter of dispute and between the same parties. As such all the three cases are heard together for passing common order.2. The Vikrant Tyres Limited (hereinafter called the 'Plaintiff') is a State owned company manufacturing Pneumatic tyres and tubes entered into supply of contract of certain machineries and technical service with Techno Export Foreign Trade Company Limited (hereinafter called the 'Defendant') incorporated in Czechoslovakia. The written contract is marked at Ex.P2 in the suit. The terms contained certain compensatory and penalty clauses for delays and breach committed by either of the party to the contract. The Clauses 2(2), 3(2) and 7(2) in the Contract germane for adjudication in this proceeding are extracted hereunder for convenient glance:'2(2) The above mentioned prices are understood in Indian Rupees CIF Madras as per INCOTERMS 1980 including seaworthy packing but without ...

Divisional Controller, North West Karnataka Road Trans. Corpn. and anr ...

Court: Karnataka

Reported in: 2006ACJ931

K. Sreedhar Rao, J.1. The following substantial question of law arises for our consideration in the present appealWhether the employer is not liable to pay compensation for the death of employee in the work premises while not on duty? If so, whether the award made by the W.C. Commissioner is bad in law?2. Deceased Mallappa alias Mallikarjuna Bejargie is a driver working under the appellant at Gokak Depot. Deceased was entrusted the duty of driving the bus from Davanagere to Gokak on 30.3.2000. The deceased reached Gokak by 4.30 a.m. on 31.3.2000. Deceased was not assigned with any duty on 31.3.2000. Deceased was free to go home, yet the deceased stayed back for rest on the terrace of the bus stand. In the morning while getting down from the terrace, the deceased tumbled down resulting in death.3. The wife and children made a claim before the W.C. Commissioner seeking compensation. The W.C. Commissioner awarded compensation. The employer is in appeal seeking avoidance of the liability o...

North West Karnataka Road Transport Corporation and anr. Vs. Drakshaya ...

Court: Karnataka

Reported in: I(2007)ACC426

K. Sreedhar Rao, J.1. The following substantial question of law arises for our consideration in the present appeal:Whether the employer is not liable to pay compensation for the death of employee in the work premises while not on duty? If so, whether the award made by the Workmen's Compensation Commissioner is bad in law2. Deceased Mallappa @ Malllkarjuna Bejargie is a driver working under the appellant at Gokak Depot. Deceased was entrusted the duty of driving the bus from Davangere to Gokak on 30th March, 2000, The deceased reached Gokak by 4.30 a.m. on 31st March, 2000. Deceased was not assigned with any duty on 31st March, 2000. Deceased was free to go home, yet the deceased stayed back for rest on the terrace of the bus stand. In the morning while getting down from the terrace, the deceased tumbled down resulting in death.3. The wife and children made a claim before the Workmen's Compensation Commissioner seeking compensation, The Workmen's Compensation Commissioner awarded compen...

Pandurang Katti S/O Srinivasa Ramachandra Katti and Sulabha S. Katti W ...

Court: Karnataka

ORDERA.C. Kabbin, J.1. The petitioner No. 1 herein the husband, and the petitioner No. 2 is the mother -in-law of the respondent No. 2 . Challenging the registration of a case against them in Basvanugudi Women Police station Cr No. 66/2003 for offenses punishable under section 498-A of the IPC and section 3 and 4 of the Dowry Prohibition Act, they have filed this petition under Section 482 of the CRPC with a prayer that the FIR may be quashed2. On 3/10/2003 at about 1 P.M the respondent No. 2 filed a complaint in Basvanugudi Women Police Station. The complaint read as under'I Trupti Katti got married to Mr. Pandurang Katti on 18th June 1999 at Gwalior , M.P My father spent around Rs. 4.00 Lakh in marriage that includes gold worth Rs 1.5 Lakhs . My mother -in-law was not satisfied because her demands were not fulfilled.From the First day of the marriage my mother in Law Mrs. Sulabha Katti was harassing me . But even then both husband and wife lived peacefully because my mother-in-law us...

G. Jayaram Reddy Vs. State of Karnataka and ors.

Court: Karnataka

Reported in: ILR2005KAR1963; 2005(5)KarLJ1

S.R. Nayak, J.1. A short question that arises for our consideration and decision in this appeal is whether acquisition of 1 acre 3 guntas of land comprised in Sy.No. 122 of Kodihalli, Varthur Hobli, Bangalore South taluk (hereinafter shortly referred to as the 'Schedule land) belonging to the appellant herein for a public purpose, to wit, for Golf-cum-Hotel Resort near Airport should be sustained notwithstanding the fact that the acquisition of 38 acres 21 guntas of land acquired under the same notification has been condemned by a Division Bench of this Court as fraud on power and tainted by malafide. The acquiring authority and the beneficiary of the acquisition would contend that the acquisition of the schedule land should be sustained notwithstanding the quashing of the notifications by the Division Bench of this Court with regard to 38 acres 21 guntas of land, on the ground of delay and laches on the part of the appellant in approaching this Court. On the other hand, it is the cont...

Commissioner of Central Excise Vs. Mc Dowell and Co. Ltd., Rep. by Its ...

Court: Karnataka

Reported in: 2005(101)ECC609; 2005(186)ELT145(Kar); ILR2005KAR2613

ORDERD.V. Shylendra Kumar, J.1. The orders of the Tribunal which is functioning under section 35-B of the Central Excise Act, 1944 (for short 'the Act') and passing orders in exercise of powers under the proviso to Section 35-F of the Act have always been the subject matter of controversy and subject for further litigation to approach the High Court by invoking the provisions of Articles 226 and 227 of the Constitution of India and on an occasion or two, even the Supreme Court.2. While more often than not, it is the Assessee who is normally aggrieved by the orders passed by the Tribunal either granting partial waiver of the amount required to be deposited for maintaining the appeal before the Tribunal or in some cases not-granting any waiver, this time the revenue is before this court questioning the legality of one such order passed by the Tribunal where under the Tribunal has granted full waiver of the requirement of the deposit of the amount, amount that is the subject matter or dis...

Smt. Amanbi and ors. Vs. Rasulsaheb Nabisaheb Nawaz

Court: Karnataka

Reported in: ILR2005KAR2659

Ajit J. Gunjal, J.,1. This appeal under Section 96 of the Code of Civil Procedure is filed by the plaintiffs. They are aggrieved by the judgment and decree passed by the learned Civil Judge, Gokak in O.S. 26 of 1992, wherein the suit for possession has been dismissed.2. Few facts that are necessary to appreciate the controversy in question are:The suit property is an agricultural land situate in Kudachi village bearing Sl.No. 161/4B ad measuring 4 acres 26 guntas, which, according to the plaintiffs is valued at Rs. 1,80,000/-. The case of the plaintiffs is that they are the owners of the land in question. The suit property was brought to sale in a revenue Court auction and one late Smt. Ajamatbi purchased the same. After her death the property devolved on her heirs who are the plaintiffs. According to them, even before the plaintiffs or could establish their possession in respect of the suit land pursuant to an auction sale, the defendant had filed a suit in O.S. No. 323/68 for declara...

Smt. Rajamma Vs. C. Puttachari and anr.

Court: Karnataka

Reported in: I(2006)BC169; 2005(4)KarLJ72

ORDERChidananda Ullal, J.1. This matter was heard by me on 12-4-2005.It was argued by Sri Purushothama Rao that if the suit has abated as against the principal debtor, the suit gets abated in its totality. In support of his argument, he has cited before me a reported decision of the Supreme Court reported in T. Raju Setty v. Bank of Baroda, Bangalore, 1991(4) Kar. L.J. 475 (DB): ILR 1991 Kar. 3303 (DB): AIR 1992 Kant. 108 (DB).2. On the other side, the Counsel for the respondent, Sri G.M. Anand supported the impugned judgment. He had also cited before me a reported decision of the Supreme Court in Mahabir Prasad v. Jage Ram and Ors., AIR 1971 SC 742 : (1971 )2 SCJ 534.I have gone through both the decisions cited by the contending Counsel. Having gone through the decisions cited, I fee that the decision cited by Sri Rao is on the facts and circumstances of this case. In para 28 of the judgment, the Supreme Court had observed as hereunder:'28. A decision of a Division Bench of Calcutta i...

Union of India (Uoi) and anr. Vs. Kmj College of Nursing (Trust) and o ...

Court: Karnataka

Reported in: 2005(4)KarLJ393

P. Vishwanatha Shetty, J.1. In this appeal the appellants have called in question the correctness of the order dated 5th February, 2004 made in Writ Petition No. 46453 of 2002 by the learned Single Judge.2. The 1st respondent filed the writ petition, out of which this appeal arises, challenging the correctness of the communication dated 1st August, 2002, a copy of which has been produced as Annexure-E to the writ petition, issued by the 2nd respondent (hereinafter referred to as 'the University'), informing the 1st respondent that since the inspection committee of the 2nd appellant (hereinafter referred to as 'the Indian Nursing Council'), on inspection, had found that it was not feasible for the 1st respondent to start B.Sc. Nursing programme, the 1st respondent has to obtain the permission from the Indian Nursing Council within a month and submit the same to the University with a view to enabling it to make admission for nursing course for the academic year 2002-2003. The learned Sin...

All India Trade Union Congress and ors. Vs. the State of Karnataka and ...

Court: Karnataka

Reported in: ILR2005KAR3052; 2005(5)KarLJ414; (2006)ILLJ344Kant

ORDERR. Gururajan, J.1. Petitioners in all these petitions are before me challenging the notification bearing No. LD:15:LWA:2001 dtd: 1-8-2001 (Annexure-O).2. Facts in WP No. 28677-78/2001;The first and second petitioners are trade unions. Third and the fourth petitioners are employed in the canteen run and maintained by the respondent/management. Petitioners say that the management of the industries preferred employment on contract basis and that would facilitate them to exploit the workmen in terms of cheap labour. The system of contract labour has been considered as a baneful and pernicious system and has kindled the judicial conscience since the workmen would have no security of service and their wages have often been far below the minimum wages prescribed by the State Government. In order to arrest this trend the Central Government enacted the Contract Labour (Regulation and Abolition) Act, 1970 (for short 'the Act'). The primary object of the Act is to abolish the system of contr...