Karnataka Court August 2007 Judgments
Sri N.R. Sajid Vs. the Karnataka State Road Transport Corporation Repr ...
Court: Karnataka
Decided on: Aug-09-2007
Reported in: [2008(116)FLR285]; ILR2007KAR3743; 2008(2)KarLJ252; 2007(6)AIRKarR41(DB)
S.R. Bannurmath, J.1. This appeal is filed challenging the order dated 2.11.2006 passed by the learned single Judge in Writ Petition No.6037/2003 dismissing the writ petition and upholding the award passed by the Labour Court dated 11.4.2001 in IDA. No.60/97.2. The appellant was working as a time keeper. In the year 1996, finding that there were manipulations of the punch card and the attendance register by altering the 'L' mark indicating the presence in respect of 30 employees which had resulted in loss to the tune of Rs. 6,827/- to (he Corporation. Article of charges were framed, enquiry was held and the disciplinary authority accepting the enquiry report, by an order dated 24.5.1997 ordered penalty of dismissal from service. Aggrieved by the same, the appellant raised industrial dispute under Section 10(4-A) of the Industrial Disputes Act (for short the 'Act').3. The Labour Court, considering the material before it, including the evidence of the appellant and the management and the...
Tag this Judgment!T.C. Dasaraiah and ors. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Aug-09-2007
Reported in: 2008(1)KarLJ72; 2007(5)AIRKarR606; AIR2007NOC2680
ORDERN.K. Patil, J.1. Petitioners in these two petitions have questioned the validity or otherwise of the impugned notification dated 13th February, 2007 bearing No. SAYI. 184-MRE.2005 vide Annexure-A in both petitions.2. The grievance of petitioners in these two writ petitions is that, the first respondent-State Government has constituted (i) the second respondent-Market Committee, comprising of Chikkaballapur, Siddlaghatta and Bagepalli Taluks; and (ii) the third respondent-Market Committee comprising of Gouribidanur and Gudibande Taluks under the provisions of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966. Petitioners herein claim that, they are the elected members to the respective Market Committees for a period of five years. When things stood thus, it is the petitioners' case that, the Deputy Commissioner, Kolar District has published the draft notification for bifurcation of the second and third respondents herein, i.e., the two Market Committees as stated ...
Tag this Judgment!N.R. Sajid. Vs. the Karnataka State Road Transport Corporation Represe ...
Court: Karnataka
Decided on: Aug-09-2007
Reported in: ILR2007KAR3743; 2008(2)LLJ1134(NOC-77); 2008(2)KantLJ252; 2008(2)KarLJ252
Bannurmath, J.1. This appeal is filed challenging the order dated 2.11.2006 passed by the learned single Judge in Writ Petition No.6037/2003 dismissing the writ petition and upholding the award passed by the Labour Court dated 11.4.2001 in IDA.No.60/97.2. The appellant was working as a timekeeper. In the year 1996, finding that there were manipulations of the punch card and the attendance register by altering the 'L' mark indicating the presence in respect of 30 employees which had resulted in loss to the tune of Rs.6,827/- to the Corporation. Article of charges were framed, enquiry was held and the disciplinary authority accepting the enquiry report, by an order dated 24.5.1997 ordered penalty of dismissal from service. Aggrieved by the same, the appellant raised industrial dispute under Section 10(4-A) of the Industrial Disputes Act (for short the "Act").3. The Labour Court, considering the material before it, including the evidence of the appellant and the management and the records...
Tag this Judgment!National Insurance Company Limited Vs. Smt. Parvathi and anr.
Court: Karnataka
Decided on: Aug-08-2007
Reported in: 2008ACJ1183; 2008(2)KarLJ377
Anand Byrareddy, J.1. These appeals are considered together as they arise out of the very same accident.2. The appellant is the insurer in both these appeals challenging the veracity and the bona fides of the claimants, having regard to the peculiar facts of the case and the Tribunal having proceeded to award the compensation inspite of being made aware of the peculiarities.3. The claimant in the first of these appeals is the mother of a deceased minor boy. The claimant in the second of these appeals is the father of another deceased minor boy. It was alleged that both the boys, were standing by the road side, when they were fatally run over by a speeding autorickshaw driven in a rash and negligent manner and which had turned turtle.In the claim petition by the mother, her husband, the father of her deceased son was named as a respondent, since he was the driver of the offending autorickshaw. This is one of the peculiarities.4. The accident was reported to the police by a third party/e...
Tag this Judgment!Sri V. Ganapathi S/O Venkatappa Vs. the State of Karnataka, Department ...
Court: Karnataka
Decided on: Aug-08-2007
Reported in: 2008(2)KarLJ480
ORDERD.V. Shylendra Kumar, J.1. Writ petition by an employee of the respondent No. 2 - Karnataka Food & Civil Supplies Corporation Limited who is aggrieved by the order of transfer issued by the employer dated 26.5.2007 [copy at Annexure-B] transferring the petitioner working as District Manager at Gulbarga to function as District Manager at Bidar.2. Under the very order, the respondent No. 3 who was working as a District Manager at Bagalkot has been transferred and put in place at Gulbarga wherefrom the petitioner was transferred.3. It is questioning the legality of this transfer order, the petitioner has approached this Court, inter alia, contending that the power of transfer is not exercised for bonafide purpose; that it is ordered by the Managing Director of the organisation only due to political pressure and not any bonafide exercise of power and therefore the order should be quashed.4. Respondents had been put on notice. Respondent No. 1 - State is represented by Sri. S.Z.A. Khur...
Tag this Judgment!Manu Prasad Vs. J. Krishna and ors.
Court: Karnataka
Decided on: Aug-08-2007
Reported in: 2008ACJ339; ILR2008KAR2109; 2008(3)KarLJ87
K.L. Manjunath , J.1. This appeal is by the claimant seeking enhancement of compensation awarded by the M.A.C.T., Madikeri in M.V.C. No. 242 of 1997. The claimant Manu Prasad alias Avinash who was aged about 10 years was walking by the side of the road near his house at Madapatna on 1.9.1997. At about 12.45 p.m. due to rash and negligent driving of the driver of the vehicle No. KA 09-9697 he sustained injuries in the road accident to his head, waist, hip, back, etc. He was immediately shifted to Government Hospital, Kushalanagar and, thereafter, he was shifted to B.M. Hospital, Mysore. He was there as in-patient for about 31 months. He underwent major surgery on the forehead and jaws. On the advise, he took ayurvedic treatment at Sheerangal, Kushalanagar Taluk for a period of three months. He was also taking treatment with neurosurgeon by name Dr. M.S. Bhaskar and one Dr. Gupta who was a psychiatrist respectively. Thereafter, he was admitted to NIMHANS for more than a year for his abno...
Tag this Judgment!Smt. K.S. Parvathamma W/O Late B. Nagaraja and ors. Vs. Sri. M. Munikr ...
Court: Karnataka
Decided on: Aug-08-2007
Reported in: 2007(6)AIRKarR413; AIR2008NOC189; 2008(2)ICC465; 2008AIHC504(Kar)
Subhash B. Adi, J.1. R.F.A.No. 294/2003 is by the legal representatives of the plaintiff in O.S.No. 4583/1988. R.F.A. Cross Objection No. 18/2003 is by the second defendant. R.F.A. Cross Objection No. 2/2004 is by defendant No. 3. R.F.A. No. 293/2003 is by the legal representatives of defendant in O.S.No. 3252/1987 against the judgment and decree dated 18.11.2002. Parties will be referred to as per their ranking in O.S.No. 4583/1988. Defendant No. 1 Smt. B. Vishalakshmamma and defendant No. 2 M. Munikrishnappa in O.S.No. 4583/1988 are the plaintiffs 1 and 2 in O.S.No. 3252/1987. The plaintiff in O.S.No. 4583/1988 is the defendant in O.S.No. 3252/1987.2. O.S.No. 3252/1987 is suit for declaration and injunction whereas O.S.No. 4583/1988 is for declaration that the sale deed dated 27.11.1984 executed by defendant No. 1 in favour of defendant No. 2 is nominal, void and not binding on the plaintiff. The gift deed dated 24.01.1985 executed by defendant No. 1 in favour of defendant No. 3 is n...
Tag this Judgment!New India Assurance Company Ltd. Represented by the Duly Constituted A ...
Court: Karnataka
Decided on: Aug-07-2007
Reported in: 2009ACJ334; ILR2007KAR3751
1. M.FA.No. 1298/2002 is filed by the Insurance Company and M.F.A.No. 1483/2002 is filed by the claimant challenging the judgment and award passed in MVC No. 116/99 by the Prl. Civil Judge (Sr. Dn.) CJM @ MACT, Kolar. The Insurance Company is challenging the quantum of compensation awarded by tide tribunal. The claimant has filed the appeal being not satisfied with the compensation awarded by the tribunal requesting the Court to enhance the compensation. In the circumstances, both the cases are heard together.2. The claimant - Thamanna is a B.E. Graduate aged about 35 years is a civil contractor. He was travelling in a Maxi cab bearing registration No. KA-07/2494 on 10.9.97 at about 11.00 a.m. When the maxi cab reached Kalahestipura Gate in between Mulbagal and Kolar, the driver of the maxi cab dashed against on coming Tractor. Trailer, due to which the claimant sustained grievous injuries. He was shifted to the Government Hospital, Mulbagal for treatment and thereafter to two other ho...
Tag this Judgment!Chinnappa Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Aug-07-2007
Reported in: 2008(2)KarLJ588; 2007(6)AIRKarR380; 2008LabIC(NOC)132(Kar)
ORDERD.V. Shylendra Kumar, J.1. Writ petition by a person who had been initially appointed as an 'Assistant Teacher' in English subject and who had later got the benefit of aided salary provided by the State.2. It appears subsequently an endorsement was issued to the management and to the knowledge of the petitioner that the aid will be stopped as it was found that the petitioner did not have the commensurate qualification, namely, the person who is appointed as Assistant Teacher in English subject was required to have studied English as an optional subject in the Degree examination.3. While admittedly the petitioner did not have this qualification, it appears to claim the benefit of another circular which indirectly relaxes the qualification in favour of persons who had Post-graduate qualification in English subject, the petitioner had made efforts to acquire the Post-graduate Degree in English and even while the process was on, the respondents having stopped the aided salary, the pet...
Tag this Judgment!Sri V.C. Chowdary S/O Late V. Veeranna Vs. the Indian Bank a Nationali ...
Court: Karnataka
Decided on: Aug-06-2007
Reported in: [2008(116)FLR688]; 2007(6)KarLJ663; (2008)ILLJ770Kant
ORDERD.V. Shylendra Kumar, J.1. Writ petition by an employee of first respondent-nationalized bank, questioning the legality of the disciplinary proceedings in progress against the petitioner in terms of an articles of charge issued on 18-11-2006 [Annexure-K to the writ petition).2. Petitioner has sought for quashing of this article of charge and has also sought for a further direction to the respondent-bank to formally relieve the petitioner from the services of the bank in terms of his request dated 22-6-2006 [Annexure-A] seeking for voluntary retirement as per Regulation 29 of the Indian Bank Employees Pension Regulations, 1995 [for short, the Pension Regulations].3. Petitioner has urged, inter alia, that when once the petitioner has issued notice seeking for voluntary retirement and in terms of the Regulation 29 of the Pension Regulations, it should be deemed to have operated after the expiry of three months from the date of receipt of the same, particularly, as the appointing auth...
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