Court : Karnataka
Reported in : ILR1994KAR3313; 1994(5)KarLJ49
..... senior officer of the armed forces and he has through the present petition assailed the correctness of the order passed by the central government under section 19 of the army act on 23-4-1991 compulsorily retiring him from service. the order proceeds on the footing that the petitioner is alleged to have been guilty of ..... certain acts which in the opinion of the army authorities and the central government constituted serious misconduct which justified a direction to him to resign from service. the petitioner at that point of ..... they could come to the conclusion that the charges of serious misconduct stood proved and that the gravity of misconduct was serious enough to remove a senior army officer from service. to my mind, the conclusions were also completely unjustified insofar as the accusations even if taken as proved would at the highest amount .....
Tag this Judgment!Court : Karnataka
Reported in : 1995ACJ1067; ILR1995KAR2364; 1995(3)KarLJ556
..... part of the owner or other person.5. in the present case, the evidence on record clearly established the liability of the owner of the vehicle under section 140(1) of the act and the tribunal was wholly justified in awarding the compensation under the provision.i do not find any good ground to admit this appeal. appeal is therefore ..... used was of the opinion that the petitioner was entitled to compensation on the principle of no fault liability under section 140 of the act and has awarded compensation of rs. 25,000/-.2. the main contention of the learned counsel for the appellant is that, the first respondent had sought ..... first respondent, but on the other hand on account of the skidding of the vehicle, held that the petitioner was not entitled to claim compensation under section 166 of the motor vehicles act. however, the tribunal which found on the material on record that the son of the petitioner died in an accident in which the motor vehicle was .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR3599; 1995(5)KarLJ332
..... or by necessary implication. if it is so excluded the obligation to record reasons disappears, as in the case of court martials exercising their jurisdiction under the provisions of the army act and the rules framed thereunder. the obligation to record reasons disappears even in cases where the appellate authority passes an order of affirmances in which event it is not necessary .....
Tag this Judgment!Court : Karnataka
Reported in : 1995(5)KarLJ531; (1996)IILLJ1143Kant
..... . if it is so excluded the obligation to record reasons disappears as in the case of courts martial exercising their jurisdiction under the provisions of the army act and the rules framed thereunder. the obligation to record reasons disappears even in cases where the appellate authority passes an order of affordances in which even ..... would be punishable under standing order 23 irrespective of the fact whether it finds its enumeration in standing order 22. the act makes it obligatory to frame standing orders and get them certified. section 3(2) requires the employers in an industrial establishment while preparing draft standing orders to make provision in such draft ..... have a statutory flavour, for the same have been framed in exercise of the powers vested in the respondent bank under section 19 of the banking companies (acquisition and transfer of undertakings) act, 1970. a plain reading of these regulations shows that they entirely deal with what the officer employees of the respondent bank .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR3434
..... . if it is so exercised the obligation to record reasons disappears, as in the case of court martials exercising their jurisdiction under the provisions of the army act and the rules framed thereunder. the obligation to record reasons disappears even in cases where the appellate authority passes an order of affair manses in which even ..... would be punishable under s.o. 23 irrespective of the fact whether it finds its enumeration in s.o.22. the act makes it obligatory to frame standing orders and get them certified. section 3(2) requires the employers in an industrial establishment while preparing draft standing orders to make provision in such draft for ..... apparent have a statutory flavour, for the same have been framed in exercise of the powers vested in the respondent-bank under section 19 of the banking companies (acquisition and transfer of undertakings) act, 1970. a plain reading of these regulations shows that they entirely deal with what the officer employees of the respondent-bank .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR90; 1995(4)KarLJ32
..... the position that an administrative or a disciplinary authority who exercises quasi judicial functions must give reasons for the decisions. an exception has been made in the case of section 164 of the army act in so far as the supreme court has held that in such special proceedings that emanate that some of the normal requirements are dispensed with. to my mind .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR1407
..... be said to be carrying on an industry nor could the provisions of the industrial employment (standing orders) act, 1946, be said to be applicable to it. reliance was placed upon the provisions of section 13-a in support of the argument that any question as to the application or interpretation of a standing ..... , karnataka milk federation, karnataka state financial corporation etc., had increased the age of retirement from 55 years to 58 years. inasmuch as the respondent land army corporation had not similarly enhanced the age of superannuation, contended the petitioners it had committed an illegality and brought about a hostile discrimination as between the employees ..... the age of 58 years.2. learned counsel appearing for petitioners argued that even though the respondent-corporation has framed what are known as 'karnataka land army corporation service rules', yet the said rules are inoperative as the same have not been approved by the government. they relied upon a resolution passed by .....
Tag this Judgment!Court : Karnataka
Reported in : 1996(1)KarLJ329; (1997)IIILLJ291Kant
..... be said to be carrying on an industry nor could the provisions of the industrial employment (standing orders) act, 1946, be said to be applicable to it. reliance was placed upon the provisions of section 13a in support of the argument that any question as to the application or interpretation of a standing order ..... , karnataka milk federation, karnataka state financial corporation etc., had increased the age of retirement from 55 years to 58 years. inasmuch as the respondent land army corporation had not similarly enhanced the age of superannuation, contended the petitioners, it had committed an illegality and brought about a hostile discrimination as between the employees ..... age of 58 years.2. learned counsel appearing for petitioners argued that even though the respondent - corporation has framed what are known as 'karnataka land army corporationservice rules', yet the said rules are inoperative as the same have not been approved by the government. they rely upon a resolution passed by the .....
Tag this Judgment!Court : Karnataka
Reported in : 2(1997)ACC204
..... manner in which the case has been dealt with in a serious matter affecting the entire life and career of the petitioner. one would have expected the authorities concerned to act with atleast a medium of responsibility which is totally and completely missing in this case. the learned advocate who represents the respondents has undoubtedly done his very best to defend ..... submission is that the doctors who have certified the petitioner are competent and highly qualified medical personnel and that therefore the court must accept the certificate issued by them and act on these and that the petitioner has not made out any ground on which these certificates can be called into question. as regards the admission that i have referred to .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR1592; 1996(2)KarLJ630
..... if it is so excluded the obligation to record reasons disappears, as in the case of court martials exercising their jurisdiction under the provisions of the army act and the rules framed thereunder. the obligation to record reasons disappears even in cases where the appellate authority passes an order of affirmances in which event ..... the petitioner did not constitute misconduct within the meaning of the said expression and the contemplation of the state bank of mysore officer employees regulations. the acts of omission and commission alleged, it was contended, could at best be said to be irregularities and not misconduct. secondly it is argued that the ..... authority came to the conclusion that the misconduct committed by the petitioner amounted to misappropriating bank's funds and deriving undue pecuniary gain for himself which acts were committed with mala fide intention resulting in the loss of confidence of the bank in the petitioner. the appellate authority accordingly did not find any .....
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