Karnataka Court March 2009 Judgments

Hindustan Petroleum Corporation Limited Vs. State of Karnataka and ors ...

Court: Karnataka

Reported in: 2009(6)KarLJ11; 2009(4)AIRKarR352

ORDERD.V. Shylendra Kumar, J.1. Writ petition by a Government of India Enterprise by name M/s. Hindustan Petroleum Corporation Limited, who it appears had been allotted an extent of 405.12 acres of industrial land as per lease-cum-sale agreement dated 28-10-1998 entered into between the Karnataka Industrial Areas Development Board (for short, 'KIADB') and the petitioner (copy at Annexure-C).2. It is in respect of this industrial area, the second respondent-Mangalore Urban Development Authority had made the petitioner pay a sum of Rs. 1,31,32,563/- on the premise that the petitioner was attempting change of land use i.e., converting the land which was earlier having the character of agricultural land into an industrial land and without obtaining the prior permission of the second respondent as required under Section 14 of the Karnataka Town and Country Planning Act, 1961 (for short, the KTCP Act) and therefore the petitioner was required to first pay this amount before going ahead with ...

New India Assurance Co. Ltd. by Its Manager Vs. Jegadeesh Reddy S/O Kr ...

Court: Karnataka

V. Jagannathan, J.1. This appeal is by the insurance company aggrieved by the liability being put. on the appellant by the tribunal while allowing the claim petition filed by the 1st respondent Jagadeesh Reddy.2. The tribunal awarded Rs. 2,46,200/- as compensation to the 1st respondent in respect of the injury sustained by him in a road accident that occurred on 31.5.2005. The appellant is aggrieved by the liability put on it and learned Counsel Sri. O. Mahesh, for the appellant made the following submission.3. It is his contention that the vehicle KA-03-EP-8085 was driven by the very injured himself i.e. Jagadeesh Reddy and the accident occurred near the ring road cross at Ramamurthy Nagar at about 9.30 p.m, when according to the complaint, a dog came on the way and the rider of the motor cycle applied the brake suddenly and in the process, the 1st respondent fell down and sustained injuries.4. The submission of the learned Counsel Sri. O. Mahesh is that the vehicle was driven by the ...

Y.B. Siddaramu S/O Boraiah and ors. Vs. T.R. Ramesh S/O Rangappa and o ...

Court: Karnataka

Reported in: ILR2009KAR4334

ORDERS.N. Satyanarayana, J.1. The petitioners in all these three petitions are employees under the respondent Company working in different capacities. Admittedly, they have been appointed in the service of the respondent company subsequent to 01-01-1994 and prior to 08-10-1996. It is the case of petitioners that the respondent company by an office order dated 08-10-1996 voluntarily extended the benefit of wage increase to all its employees including the petitioners herein pursuant to the recommendation of 3rd tripartite wage committee for sugar industries. Thereafter, for the first time in 2006 December, the respondent issued a Notice to some of the petitioners on the basis that the wage increase pursuant to recommendation of third tripartite committee for sugar industries is for the employees who were on the role of the first respondent company as on 01-01-1994 and not for those who are appointed subsequently. Since these employees have been appointed to the respective post subsequent...

Smt. Muniamma Vs. the Tahsildar and ors.

Court: Karnataka

Reported in: 2009(6)KarLJ417; 2009(4)AIRKarR191

ORDERD.V. Shylendra Kumar, J.1. These two writ petitions involve common questions and parties are also common; it is taken up for examination together.2. Writ petitions by a person, who had filed an application under Section 5 of the Karnataka Village Offices Abolition Act, 1961 ('Act' for short). As per the application dated 9-8-1981, which has seen its ups and downs in being allowed at the first instance by the Tahsildar, being disturbed either in the writ petition or in an appeal. Such disturbance in the latest round having provided the impugned order dated 10-6-2004 - Copy produced at Annexure-A to the writ petition, the present writ petition to get over the order.3. The impugned order under Annexure-A came to be passed in the appeal M.A. No. 26 of 2004 filed by the second respondent in W.P. No. 27958 of 2004 as per order dated 10-6-2004 in respect of an extent of 11 guntas of land in Sy. No. 217 of Banasawadi Village, Bangalore (earlier) North Taluk, now Bangalore East Taluk and a...

Mysore Sales International Limited a Government of Karnataka Undertaki ...

Court: Karnataka

Reported in: 2009(243)ELT161(Kar); ILR2009KAR2974; 2009(5)AIRKarR446

ORDERK.N. Keshavanarayan, J.1. As common questions of fact and law arise for consideration in all these revision petitions, they were heard together and are being disposed of by this common judgment2. All these revision petitions are filed under Section 18 of the Karnataka Small Causes Courts' Act, against the judgment and decree passed by the Court of Small Causes, Bangalore. Facts leading to the presentation of these revision petitions are as under:Hindusthan Aeronautics Limited (for short HAL), a Government of India Undertaking imported certain spare parts for its Aircraft Division from foreign suppliers. These goods were duly insured with the United India Insurance Company Ltd., (for short Insurer). The imported goods landed in Bangalore Airport on 4.6.2000. The Mysore Sales International Limited, (for short MSIL) had been appointed as a custodian under Section 45(1) of the Customs Act (hereinafter referred to as the Act) in respect of the goods imported and landed in Bangalore Air...

Sri H.D. Kulkarni S/O. Late H.P. Devaiah Vs. the Secretary, Department ...

Court: Karnataka

Reported in: ILR2009KAR3012; 2009(5)KarLJ329; 2009(3)KCCR1773; 2009(5)AIRKarR199(D.B)

P.D. Dinakaran, C.J.1. The above writ petition is directed against the order dated 9th February 2009 in application No. 4732/2008 on the file of Karnataka Administrative Tribunal, Bangalore, where the 4th respondent herein challenged the orders of transfer dated 4th September 2008 which was originally challenged before the Tribunal in Application No. 4299/2008. The said application No. 4299/2008 was disposed by the Tribunal by order dated 5th September 2008 giving liberty to the 4th respondent herein to file a review application before the Cadre Management Authority and the Cadre Management Authority by order dated 24th September 2008 dismissed the review petition and the same was challenged before Tribunal in AppUcation No. 4732/2008.2. By the impugned orders of transfer dated 4th September 2008 and 24th September 2008, the 4th respondent was transferred from Manipal Police Station, Udupi District to CHESCOM, Chamarajanagar, while the petitioner herein who was arrayed as 4th responden...

Bangalore Metropolitan Transport Corporation Vs. the Deputy Labour Com ...

Court: Karnataka

Reported in: ILR2009KAR4305; 2009(4)KarLJ495; (2009)IVLLJ754Kant; ILR2008(1)Kar1136; 2008(4)KLJ356; 2008(2)KCCR882; 2008(2)AIRKarR328; 2008LabIC(NOC)555(Kar); 2008-IIILLJ-396

ORDERSubhash B. Adi, J.1. This writ petition is by the Corporation, questioning the order of the second respondent dated 22-11-2007 produced at Annexure-C confirmed by the order of the first respondent dated 15-7-2008 produced at Annexure-E.2. Respondent 3-workman filed a claim petition under the Payment of Gratuity Act, 1972 inter alia alleging that, he was appointed as a Conductor on 4-12-1967 and thereafter he was promoted as a Traffic Controller and attained the age of superannuation on 31-8-2004 and by that time, he had completed 38 years of continuous service and claimed that, he was drawing Rs. 12,010/- as a basic salary. Corporation was required to pay Rs. 2,83,860/- by way of gratuity, however, Corporation has paid only Rs. 2,27,952/-.3. This claim petition was opposed by the Corporation on the ground that, there was a break in service of 1 year 10 months 5 days and further, the respondent 3-workman was appointed as a Badli Conductor from 4-2-1967 to 30-12-1972 and during this...

Smt. Latha W/O. Sunil Tiwari Rajput by Caste Vs. State of Karnataka Re ...

Court: Karnataka

ORDER1. Alleging illegal detention of husband Sunil Tiwari, Smt. Latha-the petitioner has filed this Habeas Corpus Writ Petition. According to her, on 25.7.2008, her husband left the house saying that he is going to P.F. Office and thereafter, has not returned back. After making enquiry with friends and relatives, she had lodged a complaint on 12.3.2008 with the jurisdictional Police and they have registered a missing complaint case. Since, he has not been traced out, she filed the present habeas corpus writ petition. Petitioner suspected that her sister-in-law by name Smt. Sunitha Bai and Maternal Uncle Lakshmana Singh, having hand in the sudden disappearance of her husband.2. After filing of the writ petition, notice was ordered. Smt. Geetha Menon, teamed Government advocate took notice for respondents 1 and 2 and today the alleged detenue Sri. Sunil Tiwari is produced before us.3. In the presence of the counsel for the petitioner and the learned Government Advocate when we enquired ...

Sap India Private Limited Vs. State of Karnataka and ors.

Court: Karnataka

Reported in: (2009)23VST276(Karn)

ORDERD.V. Shylendra Kumar, J.1. All these writ petitions are by the assessee under the provisions of the Karnataka Value Added Tax Act, 2003 who have been assessed to certain tax liability under the provisions of this Act by the assessing authorities either at the first instance or by reopening of the deemed assessment.2. The petitioners are basically aggrieved by the assessment orders passed by the assessing authority and have questioned the legality of the assessment orders and consequential demands on several grounds. In the case of writ petitioners in W.P. Nos. 1984 of 2008, 7622 of 2008, 727 to 732 of 2009 and 746 to 814 of 2009, it is contended that the assessing authorities have in effect subjected to tax the transaction which is more in the nature of a service transaction, that in respect of the very transaction the authorities under the Finance Act, 1994, have assessed the petitioners to service tax under the provisions of this Act; that it is settled law, when once the partic...

The Oriental Insurance Company Limited Through Its Regional Office Rep ...

Court: Karnataka

Reported in: ILR2009KAR2379

K. Sreedhar Rao, J.1. One Naganaika, driver of a lorry working under the 5th respondent, was engaged for loading sugarcane from Bannariamman Sugar Factory. After unloading the sugarcane at the factory, he was coming back to Chamarajanagar, on 31.10.2005. It was about 4.00 p.m. He got down to attend first call of nature. When the deceased was urinating near agricultural land, which was fenced with live-electric wire, came into contact resulting in the death of Naganaika due to electrocution.2. The W.C. Commissioner had found that the death is in the course of and out of employment. The wife, parents and children of the deceased have been awarded compensation. The insurer of the lorry was directed to pay compensation.3. The Insurer is in appeal. The following are the substantial question of law:i) Whether the death of Naganaika has occurred in the course of and out of employment?ii) Whether the insurer is liable to pay the compensation?4. The Counsel for the appellant has relied on the r...