Karnataka Court April 2005 Judgments
Mr. Sudhakar Pani Vs. Assistant Provident Fund Commissioner (Pension)
Court: Karnataka
Decided on: Apr-07-2005
Reported in: [2005(106)FLR602]; ILR2005KAR2792; 2005(4)KarLJ18; (2005)IIILLJ239Kant
ORDERGururajan, J. 1. Petitioner Sudhakar Pani is before me seeking for a certiorari to quash the order Annexure-F dated 09th April 2003.2. Petitioner was an employee of Shyam Textiles, Bangalore, which is covered by the Employees' Provident Fund and Miscellaneous Act (for short 'the Act'). Petitioner was member of the Employees Pension Scheme. He has paid contribution towards the pension fund. Petitioner while he was in employment collapsed while working as a result of which he sustained injuries on the head and was shifted to the hospital. He was diagnosed as having suffered haemorrhage of the brain due to high blood pressure. He suffered paralysis of the right arm and leg and his speech has become slurred. Annexure B is the discharge summary. He was thereafter referred to ESI hospital for follow up. ESI Medical Officer opined that the petitioner has become permanently disabled for carrying on his employment with the employer. Petitioner was compelled to leave his employment on accou...
Tag this Judgment!Khurshid Azam Choudhary Vs. Deputy Commissioner and ors.
Court: Karnataka
Decided on: Apr-07-2005
Reported in: 2005(4)KarLJ15
ORDERD.V. Shylendra Kumar, J.1. The petitioner was a Councillor in Yadgir Town Municipal Council. That his membership came to a premature end because of disqualification he suffered under the provisions of Section 16(1)(k) of the Karnataka Municipalities Act, 1964 ('Act' for short) as it was found that the petitioner had a contract with the very Municipality namely for certain repairs to be effected to a tractor owned by the Municipality the value of which contract was more than Rs. 500/-.2. The matter was brought to the notice of the Deputy Commissioner-the Competent Authority by another Councillor the 4th respondent and the Deputy Commissioner passed the order of disqualification in terms of his order dated 18-10-2004 holding that as a matter of fact the petitioner had suffered such disqualification in terms of Section 16(1)(k) of the Act and accordingly, his membership suffered. The petitioner being aggrieved preferred an appeal to the Appellate Authority. Since the Appellate Author...
Tag this Judgment!Bhaskar Rao and ors. Vs. L. Kamalamma and ors.
Court: Karnataka
Decided on: Apr-06-2005
Reported in: ILR2005KAR2129; 2005(4)KarLJ66
ORDERHuluvadi G. Ramesh, J.1. These Petitions are filed under Section. 482, Cr.P.C. being aggrieved by the order of issue of process by the III Addl. City CMM, Bangalore in CC 6843/2001 by order dated 7.7.2001 for the offence under Section 306, IPC.2. One R.K. Shivakumar had filed a Complaint against the petitioners herein and one more person alleging offence under Section 306, IPC that R.K. Girish Kumar, brother of the complainant was working at Bangalore Dairy and that he was subjected to mental cruelty and harassment. Being unable to tolerate, on 12.6.1992, the said Girish Kumar committed suicide by setting fire to himself. Later he was shifted to Victoria Hospital on the same day. While on the way to the Hospital, he is said to have informed the complainant that the accused persons, who are employees of Bangalore Dairy, were harassing him and ill-treating him and as such, he himself set fire and committed suicide. The said Girish Kumar was a Trade Union member and was playing an ac...
Tag this Judgment!Ultra Tech Cement Limited Vs. Principal Secretary Department of Indust ...
Court: Karnataka
Decided on: Apr-06-2005
Reported in: ILR2005KAR2176; (2008)11VST881(Karn)
N.K. Sodhi, C.J.1. Section 19C of the Karnataka Sales Tax Act 1957 (for short 'the Act) provides that the State Government may in such circumstances and subject to such conditions as may be prescribed by notification defer payment by any new industrial unit of the whole or any part of the tax payable in respect of any period or exempt the whole or any part of the tax payable by a new industrial unit in respect of any period. In exercise of this power the State Government by its notification dated 15-11-1996 exempted the tax payable under the Act in respect of goods manufactured and sold by new industrial units in column No. 2 of table A mentioned in the notification located in zones specified in column No. 3 and during the period and to the extent mentioned in column No. 4 thereof.2. The appellant before us is a limited company registered under the Companies Act, 1956 and is engaged in the activity of manufacture and sale of various goods including cement. It is registered as a dealer ...
Tag this Judgment!Bharath Timber and Construction Company Vs. State of Karnataka and ors ...
Court: Karnataka
Decided on: Apr-06-2005
Reported in: 2005(3)KarLJ528
ORDERRam Mohan Reddy, J.1. Since common question of law and that of fact arise in these writ petitions, with the consent of the learned Counsel for the parties the writ petitions are clubbed, heard together and are disposed of by this common order.2. Without going into the merits or demerits of the subject-matter of the petitions, learned Counsel for the parties submit that the impugned orders of the Director of Mines and Geology be set aside and proceedings remitted to the authority for consideration afresh after the disposal of the O.S. No. 110 of 1996, O.S. No. 33 of 1997 and O.S. No. 148 of 1997, pending on the file of the Civil Judge (Senior Division), Bagalkot, instituted by the petitioner in W.P. No. 6619 of 2004, W.P. Nos. 17809 and 18199 of 2004 and the party respondent by name N.K. Shashidhar, respectively.3. Briefly stated, facts are:The petitioner in W.P. No. 6619 of 2004 claims to be the owner of land measuring 66 acres and a lessee of 46 acres 27 guntas out of 112 acres 2...
Tag this Judgment!New India Assurance Co. Ltd. Vs. K. Ramanna and ors.
Court: Karnataka
Decided on: Apr-06-2005
Reported in: 2007ACJ644
K. Sreedhar Rao, J.1. All the appeals arise out of the same accident. The lorry was transporting cement loads from Bellary to Kampli and there were about 50 inmates. The lorry met with an accident resulting in 11 deaths and 14 injuries. In respect of the 7 deaths the legal representatives have filed application before the Workmen's Compensation Commissioner seeking compensation. It is said that all the seven deceased persons were travelling as loaders in the lorry. The Commissioner for Workmen's Compensation awarded compensation to the petitioners directing the insurer to pay the compensation. The insurer is in appeal seeking avoidance of the liability on the ground that the deceased persons are the unauthorised passengers in the goods vehicle and that the insurer has no liability to pay compensation.2. The owner of the lorry remained absent before the Workmen's Compensation Commissioner.3. The following substantial questions of law arise for consideration:(i) Whether the Workmen's Com...
Tag this Judgment!Narayanamma Vs. the State of Karnataka Represented by Its Secretary Pa ...
Court: Karnataka
Decided on: Apr-05-2005
Reported in: ILR2005KAR2051; 2005(4)KarLJ449
ORDERD.V. Shylendra Kumar, J.1. Petitioner is a person who has been elected to the membership of Doddatekahalli Grama Panchayat in the election held on 8.3.2005. Petitioner had contested from a non-reserved constituency. The Deputy Commissioner of the District issued notification dated 23.3.2005 vide Annexure-C interalia indicating the reservation of the posts of President in several gram panchayats of the district including Sidlaghatta Taluk wherein the post of President in Doddatekahalli Grama Panchayat had been reserved in favour of a woman candidate belonging to backward class 'B' category and the post of Upadhyaksha was not reserved. However, in terms of another notification dated 30.3.2005 in NO. ELN (2) CR 59/2004-05 vide Annexure-D, the reservation for the post of President in this Grama Panchayat was sought to be de-reserved and made non-reserved.2. Petitioner though elected from the general constituency, is a person belonging to backward 'B' class and was aspiring to become t...
Tag this Judgment!The Primary Co-operative Agriculture and Rural Development Bank Ltd. V ...
Court: Karnataka
Decided on: Apr-05-2005
Reported in: ILR2005KAR2098; 2005(4)KarLJ439
ORDERMohan Shantanagoudar, J.1. The petitioner seeks writ of certiorari to quash the endorsement dated 11.03.2005 vide Annexure-E, by which the petitioner's nomination paper is rejected by the Returning Officer, (the Respondent No. 1 herein) on the ground that the petitioner is a defaulter as on the date of filing of his nomination and to direct the Respondent No. 1 to accept his nomination and permit him to contest the election to the Managing Committee of the 2nd respondent bank.2. Though the matter is listed for orders, the same is taken up for final hearing by consent of learned Advocates. Heard Sri. Shantesh Gureddi, learned counsel appearing for the petitioner, Sri. Keshava Reddy, learned HCGP, appearing on behalf of the Respondent No. 1 and Sri. Jayakumar S. Patil learned senior counsel appearing on behalf of the impleaded Respondent No. 3 and perused the material on record.3. The brief facts of the case which are necessary for the disposal of the case, are that the Petitioner h...
Tag this Judgment!S.A. Manjunath and ors. Vs. the Management of Cross-lands Research Lab ...
Court: Karnataka
Decided on: Apr-05-2005
Reported in: 2005(4)KarLJ425
ORDERR. Gururajan, J.1. These petitions are filed challenging the order dated 22-4-2000 passed in Application No. 47 of 1994 on the file of the Labour Court, Bangalore.2. Petitioner-workmen filed an application under Section 33-C(2) of the Industrial Disputes Act, 1947, claiming monetary benefits in terms of the service conditions. According to them, they are entitled to incentives in terms of the Scheme provided by the management from time to time. Incentive for the year 1991-92 and from 1-4-1992 till the acceptance of resignation was not paid to the petitioners. They are entitled to receive the said amount in terms of the service conditions. Hence they filed an application before the Labour Court. The said application was contested by the respondent-management. Respondent-management, apart from denying the right with regard to payment, disputed with regard to jurisdiction of 'Courts at Bangalore' in the light of Clause 17 of the appointment orders issued to the workmen. According to ...
Tag this Judgment!The Hatti Gold Mines Limited, Represented by Its Managing Director Vs. ...
Court: Karnataka
Decided on: Apr-04-2005
Reported in: AIR2005Kant264; 2005(2)ARBLR528(Kar); ILR2005KAR1777; 2005(3)KarLJ502
A.M. Farooq, J.1. This is an appeal filed under Section 37(1)(B) of the Arbitration and Conciliation Act 1996 hereinafter referred to as 'the Act' for short.2. Brief facts of the case are that the appellant Company which is a public sector Undertaking of the Government of Karnataka had invited tenders by way of public notification for mining and transporting of ore from Ajjanahalli Mine to Ingaldal. The respondent's tender notification was accepted. The respondent was directed to commence the work from 26/5/1999. An agreement was entered into between the parties. Under the agreement the parties agreed to refer all disputes between them to arbitration and further agreed that the Court at Bangalore will have jurisdiction. As agreed when dispute arose between them it was referred to a sole arbitrator under the terms of the agreement. An award was passed by the arbitrator against the appellant on 15/3/2002. The appellant challenged the said award under Section 34 of the Act before the Civi...
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