Court : Karnataka
Decided on : Oct-11-1996
Reported in : ILR1997KAR2173
M.P. Chinnappa, J.1. Being aggrieved by the Judgment and Award dated 29.7.1988 in M.V.C.No. 572/86 on the file of the MACT Bangalore Rural district, directing the insurance company to satisfy the award of Rs. 59,500/ - with interest at 12% in favour of the claimant, the insurance company has preferred this appeal.2. The claimant also preferred cross-objections claiming for enhancement of compensation.3. Heard the learned advocates appearing for the respective parties.4. The brief facts leading to this appeal are : that the Tribunal has come to the conclusion that the claimant has sustained injuries due to the rash and negligent driving of the lorry No. CAA 5199 driven by its driver on 12.5.86 at 12.20 p.m., while he was moving as the pillion of the motor cycle No. MYK 1535 driven by R.W.1, and awarded a compensation as stated above. The insurance company has contended that it is not liable to pay as there was no coverage of insurance as on the date of the accident. However, the Tribuna...
Tag this Judgment!Court : Karnataka
Decided on : Sep-20-1996
Reported in : ILR1996KAR3136; 1996(7)KarLJ426
ORDERG.C. Bharuka, J.1. The National Law School of India University, Bangalore, in its publication 'March of the Law, 1994', while reviewing legal developments in India in the field of Education Law, has noticed that '1992-93 will go down in the history of constitutional litigation on education. The debate that started with 'PRADEEP JAIN v. UNION OF INDIA, : (1984)IILLJ481SC , on the issue of policy on education, specially relating to professional education, dictates several dimensions and reached UNNIKRISHNAN v. STATE OF AP, : [1993]1SCR594 , via MOHINI JAIN v. STATE OF KARNATAKA, : [1992]3SCR658 . The Parliament also took immediate notice of the said developments and appropriately responded by enacting Indian Medical Council (Amendment) Act, 1993 and the Dentist (Amendment) Act, 1993. But all in vain. The mischief sought to be remedied could still found their ways to survive with higher vigour openly declaring 'we are unconquerable. We survive with ten heads like Ravana.' The enquiri...
Tag this Judgment!Court : Karnataka
Decided on : Nov-29-1996
Reported in : 1997(1)ALT(Cri)946; 1997CriLJ2731; ILR1997KAR1139
ORDER1. These two petitions came to be filed under Section 482, Cr.P.C. questioning the very jurisdiction of the Sub-Divisional Magistrate, to take action under Sec. 133, Cr.P.C. for the alleged offence of polluting air and water and preventing public nuisance. Since common question of law in involved, these two petitions are disposed of by this order. Retain copy of this order in each file. 2. The brief facts of the case are that in Cr.P.C. 410/88 the petitioners are units of Grasim Industries Ltd., formerly known as the Gualior Rayon Silk . They have put up its two Units known as Harihar Polyfibers and Grasilene Dvn. on the left Bank of Tungabhadra river at Kumarapatnam near Harihar in Dharwad Dist. The Unit Harihar Polyfibers which produces pulp was commissioned in the year 1972. The other Unit Grasilene Division was set up in the year 1977 to produce high performance fibre from wood publp. The 2nd respondent filed a complaint before the 1st respondent making allegation of water and...
Tag this Judgment!Court : Karnataka
Decided on : Apr-19-1996
Reported in : AIR1997Kant93; ILR1996KAR2144; 1996(5)KarLJ616
ORDER1. This writ petition calls in question an order dated 15th Nov. 1994 issued by the Deputy Director of Collegiate Education, Dharwad refusing to accord approval to the appointment of 4 principals selected and appointed by the petitioner-Society and directing it to make appointments to the existing vacancies based on the seniority list as it stood on 31st Dec. 1995. The facts in brief may be stated thus:2. The petitioner is an educational Society running nearly 60 educational Institutions in the State of Karnataka of which 19 are Degree Colleges. All these Colleges most of which arc aided, are under the control of the Directorate of Collegiate Education of the Government of Karnataka.3. The U.G.C. Pay Scales were extended to the Teachers employed in Degree Colleges in the State by a Government Order dated 30th March 1990. As per the Scheme so introduced, with effect from 1-1-1986. there have to be only three cadres of Teachers in Degree Colleges namely Lecturers, Lecturers (Sr. Sca...
Tag this Judgment!