Karnataka Court March 2011 Judgments
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Atlantic Shipping Pvt. Ltd. Vs. Union of India - by Its Secretary Mini ...
Court: Karnataka
Decided on: Mar-01-2011
1. Petitioner is before this Court seeking for quashing the orders passed by the 3th respondent at Annexures- C, CI to C5 and also the order of the 2th respondent at Annexures-D. Dl to D5 and also the orders on the revision applications filed by the petitioner before the 1st respondent at Annexures-M. M1 to M5 and also to quash the letters dated 15.6.2004 at Annexure 'G' and 28.6.2004 at Anncxure TV of respondents 4 and 5 demanding penalty and also to issue a writ directing the respondents to refund the amount of penalty paid with interest thereon and for such other relief.2. Petitioner is a company incorporates under the Companies Act of 1956 and entered into an agreement with the Indian Oil Corporation Lid., during the year 1.993 and 1994 for assisting the Oil Corporation on arrival of its vessels at New ivlangafore Port in filing cargo declarations, shifting of vessels etc. According to the petitioner, he is not liable to pay any duty and ii is the principal of the petitioner who is...
The Management of Gopalakrishna Textile Mills Pvt. Ltd. Vs. S.Muniswam ...
Court: Karnataka
Decided on: Mar-01-2011
1. Respondent filed an application under S.i0(4-A) of the Industrial Disputes Act, 1947 against the petitioner., for refusing employment with effect from 17.3.2000. The notice of claim though was served on the petitioner/management, statement of objections was not filed. The workman has deposed and Exs.W1 to W4 were marked. For the management, no evidence was adduced. During the pendency of the dispute, the workman has joined duty as is evident from his deposition dated 2.8.2005. He was taken back to duty on 26.2.2002 and was paid the wages. As a result, the claim was confined only for payment of wages for the period commencing from 16.3.2000 up to 25.2.2002. The Labour Court allowed the claim and has directed the petitioner to reinstate the workman into service with continuity of service together with full back wages i.e., 17.3.2000 till he was reinstated into service i.e., 25.2.2002. Feeling aggrieved, the management has filed this writ petition.2. Learned counsel appearing on both s...
New India Assurance Co. Ltd. Vs. J. Krishna, S/O. B. Guddaiah, and anr ...
Court: Karnataka
Decided on: Mar-01-2011
1. This appeal is by the insurer challenging the award made by the Tribunal on the ground of liability.2. Heard the learned Counsel for the parties and perused the records.3. For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.4. Brief facts of the case as pleaded in the claim petition are:That on 25-4-03, the claimant being a mango merchant, engaged on contract basis a goods auto rickshaw bearing registration No.KA-1 1 -3775, belonging to first respondent before the Tribunal and second respondent in the appeal and while returning in the said auto rickshaw along with the mango load to Balahattikuppe on Bevinakuppe Balahattikuppe road, the driver of the auto rickshaw drove the same in a rash and negligent manner and caused the accident. As a result, the claimant sustained injuries. Hence, he filed a claim petition before the MACT. Srirangapatna. seeking compensation of Rs.8.SO.000/-. The Tribunal by impugned judgment and ...
S D M Education Society Ujire. Vs. Dr. D Ganapathi Bhat S/O Dr. K Shan ...
Court: Karnataka
Decided on: Mar-01-2011
1. The petitioner-management is before this Court assailing the order dated 30.07.2005 passed by the Educational Appellate tribunal, Mangalore (for short 'the EAT-) in EAT No.5/95. By the said order, the EAT has declared that the petitioner-management was not justified in treating the fourth respondent herein as Professor and the approval granted has been held to be bad. The EAT has thereafter directed respondents No. 1 to 3 before if. to consider the case of the appellant before it: (petitioner herein) for promotion to the post of Professor and thereafter to re-fix his salary and pension, if he was found entitled to the post.2. Heard the learned counsel for the parties and perused the petition papers.3. Learned counsel for the petitioner while assailing the order of the EAT would urge four grounds in respect of his contentions. Firstly, it is contended that the EAT was not justified in entertaining the appeal, inasmuch as the petitioner-institution is a minority institution and theref...
Sri.Hammed Haji,s/O Hydrose Haji. Vs. State of Karnataka, . Rep. by Se ...
Court: Karnataka
Decided on: Mar-01-2011
1. Annexure-T letter dated 22.08.2009 issued by the Assistant Executive Engineer. Project Sub-Division. Mangalore, addressed to the petitioner, where under the petitioner is given a final notice to complete the work entrusted to him. failing which action would be taken in accordance with law to cancel the contract and blacklist him for committing breach of the agreement, is called in question in this writ petition. A direction is also sought against the respondent authorities to consider the grievance made by the petitioner for settlement of his bills in terms of the general conditions of the contract.2. It is the case of the petitioner that he is a Class-I PWD Contractor and was entrusted with the work of constructing roads in Sullia. Puttur and Bantwal Taluks under the Prime Minister's Gram Sadak Yojana. It is the assertion of the petitioner that he had completed substantial portion of work and had requested the respondents to settle the bill, which was overdue. it was further assert...
Chinnappaiah @ Honga S/O.HuddiranjappA. Vs. State by Gauribidanur Rura ...
Court: Karnataka
Decided on: Mar-01-2011
1. This appeal is filed by the accused challenging the judgment dated 12.2.2004 passed by the Additional Sessions Judge. Fast Track Court-1. Kolar convicting him for offences punishable under Sections 354 and 323 of IPC and sentencing him to suffer imprisonment for one year and to pay fine of Rs. 1,000/- for the offence under Section 354 of IPC and to suffer imprisonment for six months and pay fine of Rs.500/- for the offence under Section 323 of IPC. with default claus.2. it is the ease of the prosecution that on 7.10.1996 at about 8.00 a.m., near the tank premises at Narasapura village within the limits of Gowribidanur Rural Police Station, accused committed rape on PW-5, Lakshmamma by dragging her in a Hongebeli grove and caused forcible intercourse with her and thereby, he is alleged to have committed an offence under Section 376 of IPC. It is further charged against the accused that on coming to know of the Incident, when PW-5 went along with her husband PW-6 to question the accus...
M/S Ircon International Ltd. Vs. Jt. Commissioner of Commercial Taxes, ...
Court: Karnataka
Decided on: Mar-01-2011
1. In these petitions, petitioner is assailing the order at annex ur/e F passed by the appellate authority under S.62 of the Karnataka Value. Added Tax Act. 2003. 2. Petitioner is a government of India undertaking promoted by the Ministry of Railways registered under the provision.-: of the Karnataka VAT Act, 2003. Petitioner had undertaken works contract for roads and bridges and other infrastructure developments. For the execution of four lane road from Sural kal to Mangafore - BC Road, petitioner entered into an agreement for the execution of the project with M/s New Mangalore Port Road Company which is also an undertaking of the Union Government and as per the agreed rate prevailing in the market, proceeded to execute the contract. The difficulty faced by the petitioner is, during the course of execution of the work, there was considerable delay due to natural calamities i.e.. heavy rain during the years 2006, 2007 an 2008 and during the execution of work, due to escalation in the ...
B.K. Mohan Kumar, S/O B.KrishnappA. Vs. Smt. Kempamma, W/O Late Byrapp ...
Court: Karnataka
Decided on: Mar-01-2011
1. This appeal is preferred against the judgment and decree, dated 4.9.2008 passed by the Court of the I-Additional City Civil Judge, Bangafore in O.S.No.7652/05.2. The appellant's case In brief is that Byrappa, the propositus had two wives, namely, Bayamma and Kempamma. In the wedlock between Byrappa and Bayamma, two sons, namely, B.Krishnappa and B.Shankarappa were born. In the wedlock between Byrappa and Kempamma, three sons, namely, B.Munirajappa, B.Munishamappa and Venkatesh were born. Krishnappa, Shankarappa and Munishamappa are dead. The appellant is the son of B.Krishnappa. On the execution of the sale deed by Byrappa's second wife, Kempamma (the respondent No.1 herein) in favour of the respondent HosA and 5, the appellant filed the suit seeking the refief of partition, separate possession and deciaration th3t the two sale deeds, dated 6.9.2004 and 9.9.2005 executed in favqur of the respondent Nos.4 and 5 are not binding on him. The respondent Nos.1 to 3 and the respondent No 5...
Smt. G N Bramarambika D/O Sri S V Neelakantappa, and anr. Vs. the Stat ...
Court: Karnataka
Decided on: Mar-01-2011
1. The petitioners in these two petitions are assailing the endorsement dated 20.11.2008, which are at Annexures-M and C in the respective petitions. The said endorsement is a common endorsement in respect of both the petitioners.2. Heard the learned counsel for the parties and perused the petition papers.3. For the purpose of narration of facts, the facts pleaded in W.P. 1233/2009 is noticed. The facts in W.P.No. 1234/2009 is also similar to the facts in W.P.No. 1233/2009. The petitioners are working as Assistant Teachers in the third respondent-institution from 15.09.1998 onwards on a. consolidated salary of Rs.750/- per month and they have been thereafter continued from time to time. In view of their long service from 1998 onwards, they had sought for absorption of their service more particularly, keeping in view the fact that the third respondent is engaged in taking care of the mentally challenged children. According to the petitioners, they have sufficient experience in handling ...
Sri. S. P. Krishna S/O T. Puttegowda, and ors. Vs. the Karnataka Co-op ...
Court: Karnataka
Decided on: Mar-01-2011
1. This petition coming on for preliminary hearing (B Group) is considered for Final disposal having regard to the facts and circumstances.2. The learned counsel for the respondent seeks time to file statement of objections. It is seen that the matter is of the year 2008 and as shall be presently pointed out, there is no objection that can be raised insofar as the case of the petitioners are concerned. 3. The facts are as follows:- The petitioners 1 and 2 were appointed in the erstwhile Karnataka Dairy Development Corporation as Training Co-ordinates by direct recruitment on 26.5.1977 in the pay scale of Rs.700-1100 Petitioner No.3 was also appointed as Officer-in-charge of Procurement. It is stated that one Dr.H.Hanumanthappa had reported for duty after a lapse of seventy seven days. He was working as Veterinary Officer and the said post being a lower post, the seniority of the petitioners could not have been disturbed. However, in the seniority list prepared as on 14.1.1934 in respec...