Karnataka Court August 2009 Judgments

Sri Chandan Mal S/O Late Jawahar Mal Vs. the Special Deputy Commission ...

Court: Karnataka

ORDERA.S. Bopanna, J.1. The petitioner is calling in question the order dated 11.12.2008 passed by the first respondent-Deputy Commissioner in Revision (P) No. 68/08-09 which is impugned at Annexure 'D' to the petition.2. The petitioner herein claims to be the purchaser of the property bearing Sy. No. 112/2 measuring 1 acre 16 guntas of Kodigehalli Village. The said property is said to have been purchased from the fourth respondent under a sale deed dated 29.12.1995. Pursuant thereto, the petitioner is said to have secured the mutation order for the purpose of change of revenue entries and the same was ordered in M.R. No. 22/97-98. The contesting respondent Nos. 7 and 8 claim to be aggrieved by the said mutation entry. They contend that the revenue entries made in their names vide M.R. No. 2/1994-95 is the appropriate entry, since they nave a right to the property in question and in this regard, reference is also made to the earlier transaction keeping in view the total extent of the l...

Bangalore Electrical Suppaly Co. Ltd. (Erstwhile Kptc Ltd.) by Its Man ...

Court: Karnataka

ORDERHuluvadi G. Ramesh, J.1. These two petitions have been filed - one by the workman and the other by the management, assailing the award passed by the Addl. Labour Court, Bangalore in ReO/2004.2. The workman was working under the management in Grade II. Alleging tampering of the member board so as to facilitate consumers (various establishments and hotels) to enjoy the benefit of excess units as against the actual units consumed, and making monthly collections, for unlawful gain, thereby causing pilferage and loss to the Department, after having kept the workman under suspension, relying upon the confession statement given by Die workman and being satisfied with the same, disciplinary authority imposed the punishment of dismissal. Aggrieved, the workman moved the Government seeking reference. Government raised the following points for reference:and referred the matter to the Labour Court. Labour Court after inquiry, has come to the conclusion that the misconduct is not proved and al...

Welcast Steels Ltd. Represented by Its Executive Director, Mr. Yashraj ...

Court: Karnataka

ORDERHuluvadi G. Ramesh, J.1. This petition is by the Management, assailing the award dated 25-1-2006 passed by the Labour Court, Bangalore in Reference No. 6/1993.2. The petitioner-Management was engaged in printing newspapers such as 'The Times of India' and 'The Economic Times' etc. The first party workmen were employed in the Press situated in Peenya Industrial Area. Initially, during 1985 these workmen joined as Plate Makers, but in the Press only printing work is being done after the plate making. Before plate making, the negatives are processed at the Joint or common premises of all the three establishments in addition to the marketing and collection of advertisement for the newspaper Times of India. There was a demand by the Union for Mage fixation for newspaper employees alleging that the Management has not extended full statutory benefits. The Bachawath Wage Board has fixed different wage rates for different occupations hence, the wage of plate makers is also notified.3. The ...

S.V. Venkataiah S/O Late Venkataiah, Vs. the State of Karnataka by Its ...

Court: Karnataka

ORDERA.S. Bopanna, J.1. The petitioner is seeking a writ of mandamus to direct the respondents to incorporate the survey numbers and fix the boundary marks by means of stone in respect of the lands in Sy. Nos. 255 and 257 of Kodavatti village, Kunigal Taluk, Tumkur District2. The case of the petitioner is that the extent of land as indicated in the petition has been granted to the petitioner and the petitioner is in possession and enjoyment of the same. However, the boundaries in respect of the said property has not been fixed as per the claim as made in the petition despite the request made by the petitioners. In this regard, the petitioners have placed reliance on the Annexures which have been produced along with the Writ Petition. The document at Annexure G would indicate that the petitioner had made a detailed representation indicating his right in respect of the properties situate in Sy. Nos. 255 and 257. The said representation was addressed to the third and fourth respondents. T...

Neelappa S/O Mallappa Vs. Gowramma W/O Ningappa,

Court: Karnataka

K.N. Keshavanarayana, J.1. This appeal by the third defendant in O.S. No. 85/2002 on the file of the Civil Judge (Jr.Dn.), Holalkere is directed against the concurrent judgments of the courts below decreeing the suit filed by the respondent-1/plaintiff for partition and separate possession of the suit schedule properties.2. The subject matter of the suit are four items of agricultural lands and two items of house properties situated in Chikkayemmiganur Village of Holalkere Taluk. The first defendant Kenchappa, second defendant Siddappa, third defendant Neelappa and one Ningappa husband of the plaintiff are brothers being the sons of one Mallappa who was the propositus of the family. The said Mallappa died leaving behind his four sons. Subsequently, the husband of the plaintiff also died leaving behind only his wife viz., Gowramma. The plaintiff filed the suit inter alia contending that all the suit schedule properties are the ancestral joint family properties of Mallappa and his sons a...

Lakshmma W/O Late Kemparangaiah Vs. the Deputy Commissioner,

Court: Karnataka

ORDERA.S. Bopanna, J.1. The petitioner is seeking for writ of certiorari to quash the order dated 23.4.2007 passed by the first respondent which is impugned at Annexure J.2. The case of the petitioner is that the total extent of land in Sy. No. 15/2 of Budihal village, Kasaba Hobli, Nelamangala Taluk, Bangalore rural district is an extent of 2 acres 32 guntas which was inam land. An extent of 28 guntas is said to have been registered to the name of Smt. Thimmakka under the proceedings of Inams Abolition Act. The said Thimmakka is none other than the mother-in-law of the petitioner. In addition to the said 28 guntas, the husband of the petitioner viz., Sri Kemparangaiah is said to have been in possession and cultivation of 28 guntas of land and as such the application in form No. 7 was filed before the Land Tribunal, Nelamangala. The said extent of 28 guntas is also said to have been granted by the Land Tribunal by its order dated 7.7.1981. In this regard, the petitioner claims the muta...

Sri Gopi Naidu S/O Late B. Venkatarama Naidu Vs. A.M. Gopal S/O Late A ...

Court: Karnataka

ORDERA.S. Bopanna, J.1. The learned Government Advocate to take notice for respondent No. 4 and file memo of appearance within a period of four weeks from today. Insofar as respondent Nos. 2 and 3, there is no need to issue notice.2. The petitioner is calling in question the order dated 02.03.2008 (to be correctly read as of the year 2009) passed in No. Revn. Petn. 19/2007-08, which is impugned at Annexure 'A' to the petition.3. The case of the petitioner in brief is that he has purchased the property in question under a sale deed dated 20.12.2001 which was executed by the Power of Attorney Holder of the owner of the property. In this context, the second respondent is the owner of the property, while the third respondent is the Power of Attorney Holder. Pursuant thereto, the petitioner is said to have secured the mutation order in M.R. No. 33/2001-02 in his favour and the consequent revenue entries were also carried out At that stage, the first respondent herein claiming to have purcha...

Management of Kamla Dials and Devices Ltd. by Its Executive Director V ...

Court: Karnataka

ORDERHuluvadi G. Ramesh, J.1. Petitions are by the management as well as by the workman assailing the award passed by the Labour Court Bangalore In ID 75/2002 on 1.6.2005.2. The workman joined the services of the management during November 1995 as a Trainee and thereafter, he was appointed as Grade II workman with effect from 1.11.1996. In November 1997, his services were confirmed. During 2001, certain misconduct were alleged against the workman like, rude behaviour with his official superiors, use of abusive language and making filmy remarks and gestures, indecent behavior, unauthorised absence and willful insubordination, causing nuisance within the premises and, absence from place of work. In this regard, on several dates, charge sheet were served on the workman. During December, 2001, inquiry was held. Based on the inquiry report workman was dismissed from service for the proved misconduct Against the said order, workman allowing the dispute and matter was contested. Thereafter, a...

Sri Yellappa S/O Late Sri Nallappa Vs. the Principal Secretary, Depart ...

Court: Karnataka

ORDERA.S. Bopanna, J.1. The petitioner is before this Court seeking for the allowing reliefs:a) issue Writ in the nature of Certiorari or any other writs end to quash the impugned order dt.31-03-1997 passed by the 3rd Respondent authority in case No. LRF(83) 1003/1990-91, as per Annexure-'Y' and M.R. No. 75/07-08, dt.08-06-2008 passed by the 4th Respondent Tahasildar as per 2007-08 RRT dt.28-10-2008 Annexure-W & X, Memo dated 08-09-2008 in No. RRT.CR 287/2008-09 issued by the 3rd Respondent as per Annexure-'XE' endorsement dt.30-09-2008 in No. RRT(BH)CR 136/2008-09, issued by the 4th Respondent as per Anexure-'AF' and further declare that, revenue entries made in the name of the Government to the extent of 1 acre 30 guntas out of 4 Acres 36 Guntas in Sy. No. 56 of Singasandra Village by removing the name of the petitioner without initiating any proceedings and without passing orders thereon are illegal & void. And all further proceedings that are totally contrary to law and against the...

State Bank of Mysore Vs. G. Mahadevappa

Court: Karnataka

Reported in: 2009(6)KarLJ310

1. This appeal was disposed of by order dated 17-11-2008, wherein writ appeal was allowed. However, on review petition filed by the respondent herein in R.P. No. 166 of 2009, which has been allowed by separate order passed by this Court, the said order dated 17-11-2008 is recalled and with the consent of the learned Counsel appearing for the parties, W.A. No. 2251 of 2006 is taken up for final hearing.2. Learned Counsel appearing for the appellant submitted that State Bank of Mysore Employees' (Pension) Regulations, 1995 (hereinafter referred to as the 'Pension Regulations') has been given effect from 29-9-1995. The application that was filed by the petitioner on 3-8-1994 was one for resignation with effect from 4-8-1994 and the same has been accepted. Once the resignation of the respondent has been accepted, the application filed by him on 3-8-1994 cannot be treated as one for voluntary retirement.3. Learned Senior Counsel appearing for the respondent submitted that though settlement ...