Court : Karnataka
Decided on : Dec-11-2003
Reported in : [2004(101)FLR399]; ILR2004KAR1307
..... as to the petitioner-company on 10.3.2003 with a request to recognise five of their workmen as protected workmen under section 33(4) of the industrial disputes act, 1947 (hereinafter referred as 'the act') for the year 2003-2004. annexure-a is the copy of the said letter. the petitioner replied to the said ..... aforesaid rival contentions, it is necessary to have a look at the provisions, which governs the same. section 33 of the act deals with the conditions of service etc. of the workmen. section 33 (3) & (4) of the act deals with recognition of protected workmen and protecting their interests during the pendency of an industrial dispute. the ..... said provisions read as under: 'section-33(3); notwithstanding anything contained in sub-section (2), no employer shall during the pendency of .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-11-2003
Reported in : 2005ACJ301; ILR2004KAR3562
..... of sri pampanagouda with the result that the liability to pay compensation could be fastened on the insurance company concerned in terms of the provisions of section 147 of the motor vehicles act and the policy of insurance issued by it.3. the claim petitions were opposed by the insurance company and the owner of the tractor - trailer ..... of the liability that arose qua the owner of the vehicle as the policy issued by the company was an act policy and did not provide a cover wider than what was absolutely necessary under section 147 of the act. he urged that the liability of the insurance company could in the event of the finding on issue no. ..... question of fixing the liability of the insurance company by reference to the provisions of the workmen's compensation act. the accident in question has as observed earlier taken place in july - 1989. section 4 of the workmen's compensation act as it then stood envisaged payment of compensation by multiplying an amount equal to 40% of the monthly .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-11-2003
Reported in : III(2004)BC72; 2004CriLJ1029; ILR2004KAR421; 2004(2)KarLJ279
..... without his knowledge, or that he had exercised all due diligence to prevent the commission of such offence.(2) notwithstanding anything contained in sub-section (1), where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of , or is ..... sessions judge was not right in concluding that accused no. 4 (the present respondent) was not liable for prosecution. on a careful reading of sections 291 and 292 of the companies act, it is seen that they are enabling provisions and as regards liability of a director for prosecution for the dishonoured cheque issued on behalf of ..... the i additional civil judge and chief judicial magistrate, dharwad, in a case filed against a company and its directors alleging an offence punishable under section 138 of the negotiable instruments act.2. the case of the complainant is that in the course of transaction between the complainant and accused no. 1 - company, a cheque dated .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-11-2003
Reported in : IV(2005)ACC666
..... ram mohan reddy, j.1. the claimant-injured, a minor girl aged 4 years represented by her natural guardian father, has preferred this appeal under section 173(1) of the motor vehicles act, 1988 (for short 'the act'), being aggrieved of the judgment and award dated 7.2.2002 passed in m.v.c. no. 1609 of 1998 on the file of the court ..... the disability persists, we are of the considered opinion that a sum of rs. 60,000 towards pain and suffering would be a just compensation within the contemplation of the act and we accordingly, award the said sum.12. in the result and for the foregoing reasons, the appeal is allowed in part together with costs and in substitution of the ..... review the said finding. the appeal is restricted to the quantum of compensation awarded by the m.a.c.t. as inadequate, unjust and not within the contemplation of the act.3. ms. mithuna, the learned counsel for the appellant while assailing the finding of the m.a.c.t. sought to contend that award of compensation of rs. 79,924 .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-08-2003
Reported in : 2004ACJ1846; ILR2004KAR413
..... condition of policy. in order to absolve itself of its liability to pay the compensation under the policy and under section 2 of section 149 of the act, the burden is required to be discharged by the insurance company.12. the apex court in the case of scandia ..... insurance company limited v. kokilaben chandravadan and ors., : [1987]2scr752 observed as follows:'section 96(2)(b)(ii) of the motor vehicles act, 1939, extends immunity to the insurance company only if a breach is committed of the condition excluding driving by ..... regard to the breach of terms of conditions of policy, it is noticed that rw-1 did not place any material covered by section 19, 20, 132, 134 and 185 of ser in order to substantiate disqualification to hold the licence. the specific contention of disqualification ..... ram mohan reddy, j 1. this appeal under section 173(1) of the motor vehicles act, 1988 (for short the 'act'), is filed by the insurer of the motor vehicle involved in the accident, calling in .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-08-2003
Reported in : ILR2004KAR886; 2004(2)KarLJ535
..... same time, the escalation in the cost of land cannot be ignored. the plaintiff, instead of fighting against the escalated price of the plot allotted, ought to have accepted and acted upon the same. on account of such unwanted protraction of the matter, even now he is not able to secure possession of the plot. now, there is sky-rise price ..... . p. 22 is the lease-cum-sale agreement dated 29-1-1983 in respect of plot no. 26-b. for the reasons best known to the defendant, they have not acted upon the same. instead, they offered plot no. 64. though defendant claimed cancellation of allotment on account of failure on the part of the plaintiff, in fact, it was the .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-08-2003
Reported in : 2004(2)KarLJ193
ORDER1. The matter is finally heard by consent and disposed of by this order. Respondent, who was working as Chief Engineer (MES), retired from service on the afternoon of 31-3-1995. His date of birth is 9-3-1937. On his retirement, the respondent was paid a sum of rupees one lakh being the maximum amount of retirement gratuity payable under Rule 50(1) of the Central Civil Services (Pension) Rules. According to respondent he is entitled to payment of Rs. 1,51,210/- as retirement gratuity. He contended that though Rule 50 provided the maximum amount of retirement gratuity as Rs. 1,00,000/-, it was increased to Rs. 2,50,000/- by official memorandum dated 14-7-1995. He contended that the increased limit will apply to his case. He gave representations dated 24-11-2000 and 1-2-2001 contending that the retirement gratuity should not be restricted to Rs. 1,00,000/- and he should be paid the full retirement gratuity calculated as per Rule 50(1). The said contention was rejected by the departme...
Tag this Judgment!Court : Karnataka
Decided on : Dec-05-2003
Reported in : ILR2004KAR853
..... petitioners and taking his revenge on them.7. digressing here, it is necessary for me to point out that this petition along with several other petitions filed under section 482 cr.p.c. wherein the proceedings before the trial court had been stayed came to be listed before me as a stop gap assignment during such times ..... together and be at the receiving end until that litigation finally concludes or is it the intention of the law that the powers vested in the high court under section 482 cr.p.c. have specifically been promulgated for purposes of culling and quashing this class of litigation at its very inception; are really the basic issues ..... only precaution which the complainant has to take is to ensure that the drafting is letter perfect, that overt acts of culpability are attributed, that the facts are so arranged that they come within the ingredients of the charging section and that the complaint satisfies the requirement of a 'prima facie case'. the learned magistrate is duty bound to .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-04-2003
Reported in : ILR2004KAR1070
..... accused appears in the case the stage of discharging the accused will not arise. that apart to consider whether the conditions contemplated under section 249 are fulfilled or not, the accused had not, yet appeared in the present case. even other wise if the complaint was dismissed for default after the ..... the magistrate may, in his discretion, notwithstanding anything herein before contained, at any time before the charge has been framed, discharge the accused.'4. after going through section 249, definitely it would contemplate a situation where the accused has already appeared and the matter was at the stage before framing the charge. unless and until the ..... the charge due to the absence of the complaint. it clearly explains what are all the conditions the court has to see when such order could be passed. section 249 cr. p.c. reads as under:'249. absence of complainant : when the proceedings have been instituted upon complaint, and on any day fixed for the .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-04-2003
Reported in : ILR2004KAR684
ORDERPatil, J. 1. The petitioner, assailing the legality and validity of the impugned order dated 7th June 2001 on the file of the first respondent in case No. KU/EXAM/PROF.N. 1/ L & M/130 vide Annexure G, has presented the instant Writ Petition.2. The brief facts of the case are that the petitioner is an MBBS student studying in the second respondent - College. After the petitioner appeared for the Examination, the first respondent University, has declared his result as 'passed' and issued the marks card on 24th August 2000 vide Annexure A. Thereafter, the provisional registration certificate was issued by the Karnataka Medical Council by its register dated 24th October 2000 and the second respondent College has also issued the Certificate for successful completion of Bachelor of Medicine, Bachelor of Surgery (MBBS) on 26th May 2001. After completion of the MBBS course, the petitioner joined the house-man ship in the second respondent - College. When he was prosecuting his housemanshi...
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