Karnataka Court September 2008 Judgments
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Mangalore Urban Development Authority Vs. Leelavathi and ors.
Court: Karnataka
Decided on: Sep-09-2008
Reported in: ILR2008KAR5059; 2009(2)KarLJ284; CDJ2009KarHC004
V. Gopala Gowda, J.1. The correctness of the order dated 27/6/2005 passed by the learned single Judge allowing W.P. No. 28205/2002 and quashing the orders impugned therein, is questioned in this appeal. The learned single Judge has held that the first respondent herein is entitled to retain the land bearing Sy. No. 53/6B of Ullala Village in Mangalore Taluk as owner. The said land was declared as 'excess land' under the repealed Urban Land (Ceiling & Regulations) Act (hereinafter referred to as ULC Act) and allotted to the appellant herein without taking possession of the same from the first respondent as required under Section 10(6) of the U.L.C. Act.The order dated 4/7/1995 passed by the Deputy Commissioner declaring the land as excess, was questioned in appeal by first respondent's husband before the Divisional Commissioner. During the pendency of the said appeal, the ULC Act was repealed by Urban Land (Ceiling and Regulation) Repeal Act 1999 (hereinafter referred to as Repeal Act)....
Karnataka State Road Transport Corporation and anr. Vs. Mahadev and or ...
Court: Karnataka
Decided on: Sep-08-2008
Reported in: ILR2008KAR4867; (2009)IIILLJ90Kant
ORDERRam Mohan Reddy, J.1. The petitioner terminated the services of the 1st respondent driver w.e.f. 02.09.2003 on the premise that the appointment against a vacancy reserved for Scheduled Tribe was by producing false documents as regards his social status, being an offence involving moral turpitude, eligible for 50% of the gratuity under the Payment of Gratuity Act 1972 for short the 'Act', in terms of Circular No. 49 dtd. 17.1.1994 and deposited the said sum with the controlling authority. The respondent having made a claim for full amount of gratuity, the controlling authority by order dtd. 06.01.2006 Annexure-B determined the full amount of gratuity payable and directed the petitioner to make payment of the said sum, which when carried in an appeal before the appellate authority, was confirmed by order dtd. 24.02.2007 Annexure-C. Hence, this Writ Petition.2. Admittedly, the petitioner did not launch a prosecution against the respondent for making a false claim for appointment to t...
S.G. Pandu S/O Gundaiah Vs. United India Insurance Company Ltd. Repres ...
Court: Karnataka
Decided on: Sep-08-2008
Reported in: 2010ACJ202; AIR2009Kant33; 2009(2)KCCR1057; AIR2009Kar33; 2009(1)AIRKarR308
ORDERA.N. Venugopala Gowda, J.1. The point which arises for consideration in this writ petition is, whether the petitioner who is an employee, can claim compensation by filing claim petition under Section 166 of the Motor Vehicles Act 1988 (hereinafter referred to as the M.V. Act) from the respondent, on account of the injury suffered by him during the course of employment, when he has availed the benefits under the provisions of the Employees State Insurance Act, 1948 (hereinafter referred to as ESI Act)2. Factual Matrix:(a) Briefly stated, the facts are that, the petitioner while working as a Private Security Guard in Mallasandra Milk Dairy of Tumkur Taluk from Janardhan Detectives and Security Chambers and while discharging the duties on 29.8.02 and while counting the milk cans of vehicle bearing registration No. KA-37-3799, on its backside, another vehicle bearing registration No. KA-06-4125, driven by its driver rashly and negligently, hit the petitioner, on account of which, he s...
Rameshwara Education Society (Regd) Represented by Its Secretary, S.M. ...
Court: Karnataka
Decided on: Sep-08-2008
Reported in: 2009(3)KarLJ271
P.D. Dinakaran, C.J.1. The vexed question that arises for our consideration in the above appeal is - Whether an employee working in the aided Industrial Training Institute governed under the provisions of the Karnataka Education Act, 1983 (for short, the Act) and the Karnataka Private Educational Institutions (Discipline and Control) Rules, 1978 (for short, the Rules) could be placed under suspension pending enquiry beyond the statutory period of six months prescribed under Section 92(3)(b) of the Act and what would be the consequential effect with reference to the settlement of salary payable to such employee?2.0. The brief and relevant facts which led this Court to decide the above question of law are stated hereunder:2.1) The writ appellant is the writ petitioner in Writ Petition No. 31294/2003 which is the Management under whom the 3rd respondent was employed as Principal On account of certain serious misconduct which contemplated charges and an enquiry before imposing penalty such...
C.R. Ashok Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Sep-08-2008
Reported in: 2009(3)KarLJ281:2009(1)KCCR634:2009(2)AIRKarR555(D.B)
P.D. Dinakaran, C.J.1. Appellant is the petitioner in Writ Petition No. 9162 of 2008, wherein he had sought to quash the endorsement dated 25-6-2008 issued by the 2nd respondent pursuant to a communication dated 10-6-2008 issued by the 3rd respondent.2.1 The brief facts of the case are:The appellant-writ petitioner is the grandson of one Javaregowda who was the owner of the land bearing Sy. No. 261/1 and 2 to an extent of 21 guntas of Navile Village. The said land was submerged in the Hemavathi Left Bank Project in the year 1988-89. It is the case of the appellant that himself, his father, mother, brother and his grandfather were all living together and that they constitute a single family.2.2 Applications were invited for the post of Primary School Teachers by the 2nd respondent and the appellant-writ petitioner applied for the same claiming the quota under Dependents of Project Displaced Persons as per the amendment to Rule 9 of the Karnataka Civil Services (General Recruitment) Rule...
Sri K. Krishnamurthy Vs. the Secretary, Ministry of Home Affairs and o ...
Court: Karnataka
Decided on: Sep-05-2008
Reported in: ILR2008KAR4716
ORDERD.V. Shylendra Kumar, J.1. Writ petition by a person who had obtained employment meant for persons belonging to scheduled caste community by joining in the services of the Indian Telephone Industries Ltd., Dooravaninagar, Bangalore, way back in the year 1976. It appears, the petitioner also moved up in his career with the employer, but found some obstacles in the year 1990 when, at the instance of some persons, who, according to the petitioner, were inimical towards the petitioner, had addressed an anonymous petition to the civil rights enforcement cell complaining that the petitioner does not belong to scheduled caste community but belongs to Ediga caste, which is not a caste notified as scheduled caste community. It appears that the investigation resulted in the certificate issued in favour of the petitioner as a person belonging to scheduled caste community being withdrawn.2. Petitioner is basically aggrieved that the variation to his status as a person belonging scheduled cast...
The Oriental Insurance Co. Ltd. Vs. Akkayamma W/O Late Bachegowda and ...
Court: Karnataka
Decided on: Sep-05-2008
Reported in: 2006ACJ2635; AIR2009Kant37; 2009(1)KarLJ484:2009(1)AIRKarR312:AIR2009Kar37(D.B).
1. Being aggrieved by the judgment and award dated 24.11.04 passed in MVC No. 6396/03 on the file of the IX Addl. Judge. Member, MACT-7, Court of Small Causes, Bangalore, (SCCH No. 7), the insurer of Motor Cycle bearing Registration No. KAO 4 XII2 has presented this appeal inter-alia contending that the compensation awarded by the tribunal in excessive and exorbitant and therefore, it is liable to be reduced.2. On service of notice of this appeal, respondents Nos. l to 6. who were petitioners before the Tribunal, have appeared through their learned Counsel.3. We have heard both sides.4. Respondent Nos. l to 6 herein being the wife, children and mother of one Bachegowda Gowda, filed claim petition before the tribunal seeking compensation of Rs. 30,00,000/- for the death of said Bachegowda in the motor vehicle accident that occurred at 7 p.m. on 15 11.2004. According to the claimants, on the date and at the time of the accident, the deceased while proceeding on motor cycle bearing No. KA...
M.B. Siddaraju S/O. Byrappa Vs. the Management of Powergear Ltd. Repre ...
Court: Karnataka
Decided on: Sep-05-2008
Reported in: [2009(121)FLR695]; 2009(2)KarLJ635; 2009(1)KCCR398; 2009(2)AIRKarR181.(D.B)
P.D. Dinakaran, C.J.1. The question that arises for our consideration in the present appeal is, whether the interference by the Industrial Tribunal in exercise of the powers conferred under Section 33(3)(b) of the Industrial Disputes Act 1947, in declining to grant approval to the order of dismissal dated 12-12-2007 passed against the workman pursuant to the domestic enquiry, is right and proper?2.1 The facts of the case in brief are as follows:The respondent-workman was working under the appellant as Stores Assistant A show-cause notice cum charge-sheet was issued against the respondent alleging that he left the factory premises unauthorisedly on the ruse of visiting Lakshmi Industries; helped an outsider, a photographer by name Mr. Srinivasa, to gain entry into the factory premises; made him take photographs of the company's products unauthorisedly and thereby acted against the interests of the company. In this regard a preliminary enquiry was conducted. In pursuance of the prelimina...
Sri. A.S. Anandrayan Samuel Son of A.D. Samuel Vs. Deena Bank Represen ...
Court: Karnataka
Decided on: Sep-05-2008
Reported in: [2009(121)FLR693]; 2009(3)KarLJ601; 2009(1)KCCR545; 2009(2)AIRKarR557(D.B)
P.D. Dinakaran, C.J.1. This is an appeal preferred by the workman-respondent in the writ petition, challenging the order passed by the learned Single Judge dated 11.02.2008 passed in W.P. No. 17962/2005 (L-TER)).2. The brief facts of the case giving rise to the present appeal are that:2.1) Based on the proved charge of unauthorised absence from service for 32 days in 1980, 84 days in 1990-91, 608 days in 1992-93 and 601 days in 1994-96, the workman-appellant herein was dismissed from duty with effect from 15.05.1996 heating it as 'Voluntarily retired'. At the request of the employee, the Government of India, referred the dispute to the Central Government Industrial Tribunal-cum Labour Court (hereinafter referred to as Tribunal' for short) for adjudication through reference No. L-12012/ 11/98/ 1R(B-II) dated 03.11.1998. During the trial, both the workman and the management have adduced oral and documentary evidence before the Tribunal.2.2) The Tribunal, after appreciating the oral and d...
Smt. Sharadamma W/O Late Sri D. Shamanna Vs. Sri Gunashekar S/O P. Chi ...
Court: Karnataka
Decided on: Sep-05-2008
Reported in: 2008(4)KCCR2634(DB)
S.R. Bannurmath, J.1. This appeal is filed by the unsuccessful defendant challenging the judgment and decree, dated 3.4.3007 passed by the learned 11th Additional City Civil Judge, Bangalore City in O.S. 1051/2003.2. The brief facts giving raise to the present appeal are as follows:The respondent/plaintiff herein had filed a suit for specific performance of the contract against the appellant/defendant herein in respect of the suit schedule property.It is the contention of the plaintiff that, he entered into an agreement of sale with the appellant/respondent, which came to be reduced into writing on 23.3.2002, for the sale of the suit schedule property, for a consideration of a sum of Rs. 3,50,000/-. According to the plaintiff, he paid an advance of Rs. 2,50,000/- at the time of execution of the agreement of sale itself and a time limit of eleven months was fixed for the execution of the sale deed and the balance amount was to be paid on the day of registration. According to the plainti...
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