Karnataka Court March 2011 Judgments
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Sri. B.G. Jagadish S/O. B. GundappA. Vs. Tne State of Karnataka Rep. b ...
Court: Karnataka
Decided on: Mar-03-2011
1. I caned AGA is directed to take notice for Respondent No.1 and 2. Sri. N.K. Gupta, learned Counsel is directed to take notice for respondent. Nos.3 and 4.2. The petitioner contends that, he is a Class-1 Electrical Contractor and has been doing the contract work for the past 20 years. The Chief Electrical Inspector of Karnataka has sent a recommendation at Annexure-A dated 29.11.2011 to the State Government for taking action against the petitioner for cancellation of his licence and to black list him. The petitioner has called in question the said recommendation in the writ petition3. I have heard learned Counsel for the parties.4. It is clear from Annexure-A that it is a recommendation to the State Government to initiate action against the petitioner for cancellation of his licence and to black list him. Sub-Rule (2) of Rule 17 of the Karnataka {Licensing of Electrical Contractors and Grant of Certificates and hermits to Electrical Supervisors and Wiremen) Rules, 1973. states that w...
Sri M.Kuppuswamy, S/O. Late Muniswamy. Vs. the Management of M/S. It.C ...
Court: Karnataka
Decided on: Mar-03-2011
1. With the consent of the learned counsel on both sides, the matter is heard for final disposal.2. The petitioner was a general worker in the respondent - Management. His services were dispensed with by an order dated 22.9.86. An application seeking approval under S.33(2)(b) of the Industrial Disputes Act, 1947 (for short, 'the Act'), was filed by the respondent on 24.9.86 in M.A. 3/1986 i.e., in pending Reference No.19/1980 before the Labour Court, Bangafore. M.A.3/86 came to be dismissed for non-prosecution by an order dated 19 2.88. Respondent - Management filed M.A.1/88 to restore the application filed under S.33(2)(b) of the Act and the same was dismissed by an order dated 21.2.91. Aggrieved, the respondent filed W.P. No.5364/91 which was allowed on 1.1.97 subject to the condition that the Management shall pay the cost of Rs. 5,000/- to the workman within a period of four weeks.3. Petitioner has attained the age of superannuation on 31.3.07. He filed an application under S.33(c)(...
M/S Colloids Impex (P) Limited. Vs.The Commissioner of Customs Central ...
Court: Karnataka
Decided on: Mar-03-2011
1. In W.P.No. 16756/2010. petitioner is seeking for a writ of certiorari to quash the order at Annexure H dated 5.4.2010 and also to decla:e that the respondents are not entitled to collect any amount: to issue writ of mandamus directing the respondents to refund the amount of Rs.1,45,016/- collected pursuant to the proceedings dated 5.4.2010 and for refund of Rs.4,50.000/- collected on 8.4.2010 at Annexure G and. also for return of security bond and bank guarantee and, for such other orders.2. In W.P.No.7257/2011, petitioner has sought for issuance of writ of certiorari to quash Annexure F' dated 24.12.2010 and also to declare the action of the respondent as illegal, in so far as not furnishing the documents requested and not considering the request of the petitioner for cross- examination as per Annexure 'B' dated 20.10.2010 and Annexure "IT dated 17 11.2010 and, to issue a writ of mandamus directing the respondent to consider Annexure 'B' and for such other orders.3. Petitioner is c...
Sri. K.N.M Sreekanta Swamy, Late Rm. Basaiah. Vs. the Karnataka Power ...
Court: Karnataka
Decided on: Mar-03-2011
1. Heard Shri Subbarao, Senior Advocate appearing for the learned Counsel for the petitioner and the learned counsel for the respondent.2. The facts briefly stated are as follows:- The petitioner was an employee of the respondent -Corporation. It is stated that in July 1994. a criminal case was registered against the petitioner by the Lok-Ayukta Police on the allegation that the petitioner was trapped while demanding and accepting illegal gratification of Rs. 1.000/- from one Sambashiva, in order to show official favour to the said person who had sought for obtaining power supply to his bore well. The petitioner was promptly placed under suspension pending disciplinary action. The suspension order however, was revoked and he was reinstated in the year 1995. It is further stated that alter obtaining sanction tor criminal prosecution from the Chief Engineer, Lok Ayukta had filed a charge-sheet against the petitioner, which was registered as Special Case No.33/1996. on the allegation that...
M a Padmanabhaiahswamy Vs. S a Thimmaraya Gowda
Court: Karnataka
Decided on: Mar-03-2011
1. Above appellants(SIC) were not parties before the learned single Judge. However, they claim to have been aggrieved by ihe order of the learned single Judge in W.P. 18824/2006 dated 25.5.2009, therefore, they have approached this Court seeking to set aside the order of the learned single Judge.2. The facts that led to the filing of the writ petition That one Thimmaraya Gowda approached the learned Single Judge questioning the constitutional validity of amendment to rule 3 of the Karnataka Registration (Deed Writers Licence) Rules, 1979 (for short "the rule*') published in the gazette dated 16.3.2005 bearing no.RGN.46/2G0I- 02 by the Inspector General of Registration and Commission of Stamps. It was contended before the learned single Judge by the writ petitioners that by virtue of the amendment, the District Registrar was bestowed with arbitrary power to register any person who is in possession of stamp vendors license as on 31.3.2003 as a deed writer. It was also contended that with...
The Regional Director, E.S.i. Corporation, Bangalore Vs. Smt. Lakshmi ...
Court: Karnataka
Decided on: Mar-03-2011
(Prayer: This MFA is filed u/s 82(2) of the Employees State Insurance Act, against the order dated 20.08.2007 passed in E.S.I. Application No.32/2006 on the file of the Employees State Insurance, Bangalore, partly allowing the petition filed u/s 56 R/w regulation 52 of the employees state insurance Act for direction.) 1. The 3rd respondent in ESI Application No.32/2006 on the file of ESI Court Bangalore has come up in this appeal challenging the order dated 20.8.2007 passed in the said application directing reimbursement of a sum of Rs.75,000/- to the applicant towards medical expenses incurred by her for the treatment of her deceased son by respondents 1 and 3. For the sake of convenience parties to this appeal are referred to as they are referred to before ESI Court. 2. Brief facts leading to this appeal are: The case of applicant is that her son Basavaraj was working with M/s. R.P. Agency, a private establishment which was carrying out work within the premises of NAL, 2nd respondent...
The Regional Director Esi Corporation, Bangalore and Another Vs. M/S. ...
Court: Karnataka
Decided on: Mar-03-2011
(This MFA is filed U/S 82(2) of ESI Act, against the order dated: 28/11/2003 passed in ESI Application No.90/1999 on the file of the Employees State Insurance Court, Bangalore, allowing the application filed U/S.75(1) (G) of the Employees State Insurance Act, 1948, to declare that the provisions of the ESI Act are not applicable to the applicant and set aside the order dated 18/12/1989 and recover notices dated 30/09/1999 and 05/10/1999.) H.G. Ramesh This appeal under Section 82(2) of the Employees’ State Insurance Act, 1948 (‘the Act’) by the ESI Corporation is directed against the order dated 28.11.2003 passed by the Employees’ State Insurance Court, Bangalore (‘the ESI Court’), in E.S.I Application No.90/1999. By the impugned order, the ESI Court has allowed the application filed by the respondent-establishment by holding that the provisions of the Act were not applicable to it in view of the proviso to sub-Section 4 of Section 1 of the Act and co...
United India Insurance Co. Ltd., Through Its Regional Office Vs. Basan ...
Court: Karnataka Dharwad
Decided on: Mar-03-2011
(This Appeal is filed u/s. 173(1) of MV Act against the judgment and award dated 30.03.2005 passed in MVC No.999/1995 on the file of the Addl. Civil Judge (Sr.Dn.) and Additional Mact, Ranebennur, awarding compensation of Rs.8,350/- with interest at 6% p.a.) Re: M.F.A.Nos.6005/2005 and 6004/2005 These two appeals by the Insurance Company under section 173(1) of the Motor Vehicles Act are directed against the order and award dated 30.03.2005 passed in common MVC Nos.246/1995, 247/1995, 248/1995 and 999/1995 corresponding to M.F.A.No.6005/2005 and MVC No.246/1995 corresponding to M.F.A.No.6004/2005 on the common ground that even when the Insurance Company was not liable to reimburse the owner of the vehicle, in the present case impleaded as the 2nd respondent in these two appeals on the ground that the Insurance Company has not issued a policy in respect of the offending vehicle a truck bearing No.MCY-4397 causing an accident on 19.01.1999 giving raise to multiple claims. 2. Submission o...
Smt. Shakunthalamma Vs. State
Court: Karnataka
Decided on: Mar-03-2011
1. This Appeal has been filed by the accused challenging the judgment dated 4.11.04 passed by the Presiding Officer, Fast Track Court (Sessions) Judge III Bangalore city in S.C.No. 546/03 convicting her for the offence under Sec, 307, IPC and sentencing her to undergo for rigorous imprisonment for 5 years and to pay a fine of Rs. 10,000/- in default of payment of fine to undergo further simple imprisonment for 15 months. 2. The case of the prosecution is that on 13.8.02 at about 2.15 p.m., at House No.14, Cholanayakanahalli, Sunrise colony, Bangalore, within the limits of Hebbal Police Station, the accused with an intention to commit the murder of CW-2 Rathna called her to her house on the pretext of untying the rice bag and when the injured went inside the house of the accused, latter poured the boiling oil on her back and caused severe burn injuries with an intention or knowledge that if by that act, she has caused the murder of CW-2, she would have been guilty of murder thereby she ...
Bangalore Metropolitan Transport Corporation, Rep. by Its Chief Law Of ...
Court: Karnataka
Decided on: Mar-03-2011
(Prayer: This Writ Petition is filed under Article 226 and 227 of the Constitution of India praying to quash the Award dated 20.1.2005 bearing I.D.No.146/2002 passed by the Industrial Tribunal, Bangalore vide Annexure-H.) 1. Challenge in this writ petition is to the legality of an Award passed by the Industrial Tribunal, Bangalore, accepting the Reference in part and reducing the punishment. Aggrieved, the employer - Corporation has filed this writ petition. 2. Background facts culled out from the record are as follows: The workmen - N. Shankar Rao, while on duty driving bus bearing registration No. KA-01/F-1139 on 8.6.99, on route No.276:4, playing from Vidyaranyapuram to Kempegodwa Bus Station, caused an accident resulting in the death of a scooterist and injuries to two children. Report of the accident having been received, Articles of Charge dated 18.6.1999 was issued by the petitioner to the workman, to which a reply statement was submitted on 23.6.99. Not satisfied wi...
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