Court : Karnataka Gulbarga
..... , i hereby direct a copy of this order be sent to the lokayukta of the state of karnataka, to investigate and hold inquiry and take appropriate action, if it is found that the officials of various departments have colluded with the claimants and have siphoned off the public money. ..... the state government is satisfied, after considering the report, that any particular land is needed for public purposes or for a company, it can make a declaration to that effect under section 6 of the act and the said declaration has to be published in the official gazette and in two daily newspapers and public notice of the substance of such declaration has to be given in the locality. ..... section 17 is in the nature of an exception to section 16 and it provides that in cases of urgency, whenever the appropriate government so directs, the collector, though no such award has been made, may, on the expiration of fifteen days from the publication of the notice mentioned in section 9 (1), take possession of any land needed for a public ..... 4(1) of the act in the state gazette or in an appropriate cases in district gazette as per the local amendments ..... in jaya chandra mohapatra v/s land acquisition officer, rayagada reported in air 2005 sc 4165, the question was whether once an amendment of the decree is allowed, whether objection to the amendment can be taken on the execution side ..... thereafter the petitioners filed execution petition in e.p.no.16/2005 for execution of the award dated 06.09.2004 in lac no.60/2003 .....
Tag this Judgment!Court : Karnataka Gulbarga
..... the scope of section 2-a, the individual workman concerned may, within six months from the date of communication to him of the order of discharge, dismissal, retrenchment or termination or the date of commencement of the industrial disputes (karnataka amendment) act, 1987, whichever is later, apply, in the prescribed manner, to the labour court for adjudication of the dispute and the labour court shall dispose of such application in the same manner as a dispute referred under sub-section (1). 15. ..... even in a case where the delay is shown to be existing, the tribunal, labour court or board, dealing with the case cab appropriately mould the relief by declining to grant back-wages to the workman till the date he raised the demand regarding his illegal retrenchment/termination or dismissal. ..... however, it went on further to say that reasonable time in the cases of labour for demand of reference or dispute by appropriate government to labour tribunals will be five years after which the government can refuse to make a reference on the ground of delay and laches if there is no explanation to the delay. ..... the court may also in appropriate cases, direct the payment of part of the back-wages instead of full back-wages. ..... the labour court passed an award on 16.5.2005 directing reinstatement without continuity of service and back-wages. ..... the labour court passed an award on 17.5.2005 directing reinstatement with continuity of service from 1.9.1998. .....
Tag this Judgment!Court : Karnataka Gulbarga
..... there can be no doubt that as he had completed 240 days of continuous service, even though he was a daily wage employee, he could be terminated from service by following the provisions contained in section 25f of the act, but, it cannot be said that once it is found that a daily wage employee has been illegally terminated, the relief to which the said workman is entitled is reinstatement and payment of back wages only and not ..... is contended by the counsel for the appellant that once it is held that the termination is illegal on account of non- adherence to the provisions contained in section 25f of the act, the inescapable conclusion would be that the employee becomes entitled for reinstatement with appropriate quantum of back wages. ..... (prayer: this writ appeal is filed under section 4 of the karnataka high court act, by the advocate for appellant praying that this hon'ble court to, allow the appeal and set aside the common order of the single judge dated: 05.08.2013 passed ..... distinction was made between a daily wager and a regular employee in the matter while examining the legality and correctness of the order of termination passed wittiout adhering to the provisions contained under section 25-f of the act and while granting the relief including reinstatement and back wages. 6. ..... the provisions contained in section 11a of the act,, confers had the discretion to grant relief of reinstatement with full back wages or any other lesser relief depending on the facts and circumstances of .....
Tag this Judgment!Court : Karnataka Gulbarga
..... having regard to the questions raised before us and considering peculiar facts of the case, we deem it appropriate to state in detail the sequence of events/facts, which in our opinion, would support the view that we are ..... the omission to place true and correct facts before the corporation, when it passed the resolution-277 and when approval was sought from the government, as contemplated under section 98 of the act, tantamounts to playing fraud on these authorities and therefore this court need not and should not exercise its extraordinary jurisdiction under article 226 of the constitution. 13. ..... admittedly, before issuing the order dated 6.8.2004 the corporation was given a show cause notice as contemplated by section 98 of the act, and that the corporation did reply to the show cause notice, after once again passing a similar resolution, as was passed bearing resolution ..... (prayer: this writ appeal filed u/s 4 of the karnataka high court act, 1961, to set aside the order/judgment dated 21/01/2010 in writ petition no.47623/2004 (lb-res) and w p no.4104- 116/2005 (lb-res) passed by the learned single judge of this hon'ble court and allow this writ appeal and dismiss the ..... before we proceed further, we deem it appropriate to reproduce certain observations in the order passed by ..... the lands under registered sale deeds, the only course open to them is to proceed against the landlord either to recover the price paid by them or to proceed against the corporation for appropriate relief. .....
Tag this Judgment!Court : Karnataka Gulbarga
..... 'ble supreme court, on holding that the relevant provisions of the ipc and the drugs and cosmetic act were sufficient to deal with the situation, made the order for the release of the detenu in ..... fact, given effect to the constitutional right by providing in section 8 of the act that the detenu shall have the right of making a representation to the appropriate government." 11. ..... may, if satisfied with respect to any bootlegger or drug-offender or gambler or goonda or immoral traffic offender or slum-grabber that with a view to prevent him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do, make an order directing that such persons be detained. ..... in support of his submissions, he read out the provisions contained in section 8(1) of the goondas act, which is extracted herein below: "8 (1) when a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, but not later than, five days from the date of ..... the perusal of the statement of objects and reasons of the goondas act reveals that it was enacted as the activities of certam anti-social elements like bootleggers, drug offenders, gamglers, goondas, immoral traffic offenders and slum grabbers have been causing the ..... of kerala and others reported in 1985 (supp) scc 144, which case fell for consideration under the conservation of foreign exchange and prevention of smuggling activities act, 1974, the hon'ble supreme court has this to say: "65. .....
Tag this Judgment!Court : Karnataka Gulbarga
..... in the light of what is stated above, when the plaintiff has not produced document of title and he himself says that acquisition proceedings are initiated or declining to act on the statement of the defendant that acquisition proceedings are already started, the question of civil court issuing mandatory injunction to the government or governmental authorities for initiation of acquisition proceeding is not permissible ..... negligence, the government has lost any money, it shall initiate appropriate proceedings to recover the money from such persons. ..... not properly conducted in court and if the counsel for the state are also party to the same and has not protected the interest of the state, appropriate action should be initiated even against them. ..... it is also necessary for them to initiate appropriate action against those government officials, who have been colluding with the plaintiffs either by not filling the written statement or by filing the statement and admitting the claim or not ..... their bounden duty to initiate acquisition proceedings under the land acquisition act in respect of the private property, which is required for ..... whether the plaintiff proves that the defendants have acted negligently in not initiating land acquisition proceedings in respect ..... entries made therein in terms of section 35 of the evidence act although are admissible as a relevant piece of evidence and although the same may also carry a presumption of correctness, but it is beyond any doubt or dispute that .....
Tag this Judgment!Court : Karnataka Gulbarga
..... in a given case, the tribunal may issue appropriate directions seeking disability certificate from such hospital /doctor, more particularly when it is a government hospital. ..... is made by the insurance company, seeking reference to the medical board or senior government orthopedic surgeon/district surgeon, the tribunal should consider such applications favourably having regard to the quantum of compensation sought and pass appropriate orders. ..... these observations, however, shall not be construed to mean that if evidence of any doctor, who never treated the victim, or the certificate issued by him is found to be genuine and trustworthy, the tribunal cannot/should not act upon it and decide the claim. 7. ..... (prayer: this mfa is filed u/s 173(1) of mv act against the judgment and award dated 13-01-2010 passed in m.v.c.no.217/2008 on the file of motor accident claims tribunal no.vi bijapur, partly allowing the claim petition and seeking enhancement of compensation.) 1. .....
Tag this Judgment!Court : Karnataka Gulbarga
..... we find ourself in agreement with the submission advanced by learned counsel for the respondent-insurance company that the provisions contained in sub-section (2) of section 166 of the act was either not anlysed by the learned judges or the intricacies of the said provision were not noticed/brought to the notice of the court in smt. ..... on the other hand, learned counsel appearing for the respondent-insurance company submitted that the provisions contained in section 166(2) of the act do not permit filing of claim petitions within the local limits of whose jurisdiction the respondent-insurance company carries on its business. 7. ..... premakka's case (supra), the learned judges did not analyse sub-section (2) of section 166 of the act, which clearly demonstrates that a claim petition cannot be instituted before the tribunal, within whose local limits, the defendant-insurance company carries on business. 14.1. ..... dismissal of the appeal, however shall not preclude the claimants from filing claim petitions before the appropriate tribunal, if so advised. ..... , (2004) 10 scc 201: (air 2005 sc 1646: 2004 air scw 5998), observed as under: "a doubtful expression occurring in a judgment, apparently by mistake or inadvertence, ought to be read by assuming that the court had intended to say only that which is correct according to the settled ..... and another (air 2005 sc 4446) by mr. ..... admittedly, the vehicle in question was covered by insurance for the period from 18.3.2004 to 17.3.2005. .....
Tag this Judgment!Court : Karnataka Gulbarga
..... noticed that in the instant case, it is not the claim of petitioner that he is a workman and provisions of industrial disputes act, 1947 would apply and as such the principles laid down in h.s.rangaramu's case would not assist the petitioner. ..... held that raising an industrial dispute is a well recognised and legitimate mode of redress available to a workman which has achieved statutory recognition under the industrial disputes act, 1947 and this statutory recognised mode of redress cannot be denied to a workman merely because of existence or availability of alternate remedy. ..... appropriate case, in spite of availability of alternate remedy, the high court may still exercise its writ jurisdiction in atleast three contingencies:- (1) where the writ petition seeks enforcement of the fundamental rights; (2) where there is failure of principles of natural justice; or (3) where the orders or proceedings are wholly without jurisdiction or the vires of an act ..... it was held that it is a statutory right of the workman under section 10(4a) of the industrial disputes act, 1947 which gives rise to dispute and not the order of appellate or revisional authority as contemplated under the ..... judgment in h.s.rangaramu's case wherein question referred to full bench was to the following effect: "whether a workman can or cannot approach the labour court under section 10(4a) of the industrial disputes act, 1947 without exhausting the remedy of appeal or revision provided under the regulations framed by ksrtc? .....
Tag this Judgment!Court : Karnataka Gulbarga
(prayer: this ccc is filed under sections 11 and 12 of the contempt of court act 1971, initiate and take appropriate action against the accused for their failure to give affect to the verdict dated 12.12.2011 rendered in w.p.no.2311/2008 and 20426/2007 (gm-r/c) and punish them for contempt of this court. .....
Tag this Judgment!