Court : Karnataka Dharwad
Decided on : Nov-25-2021
..... reinstatement is to be granted. abandonment of inquiry18 as regards the other finding on merits by the learned single judge that the management ought not to have abandoned the inquiry proceedings and short circuited 18 termination process by resorting to termination as per sec.25(a) and 58 also requires acceptance. the applicable service rules at rule 61 provides for imposition of penalty ..... of service benefits. however, it is also admitted by the management that there is no material forthcoming as to its acceptance or otherwise. the letter of resignation not having been acted upon, the management falls back on the letter of termination on 21.06.2006, while opposing the grant of any relief. keeping in mind such factual matrix the matter requires ..... 11 - 12 iv consideration :12. a) finding of the labour court regarding 13 17 delay in seeking reference of dispute b) abandonment of inquiry 17 19 c) stigmatic termination 19 22 22 - 30 d) award of back wages v order 31 - 32 4 preamble: the management of sri dharmasthala manjunatheshwara educational society has filed w.a.no.100019/2020 calling in question ..... his right or that he had slept over his rights.14. in the claim petition filed by the employee there is a detailed narration of the events in paragraph no.5 and a and reading of the claim petition in its entirety would indicate that the workman had waited till he was cleared of the charges and then approached the appropriate .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Nov-25-2021
..... reinstatement is to be granted. abandonment of inquiry18 as regards the other finding on merits by the learned single judge that the management ought not to have abandoned the inquiry proceedings and short circuited 18 termination process by resorting to termination as per sec.25(a) and 58 also requires acceptance. the applicable service rules at rule 61 provides for imposition of penalty ..... of service benefits. however, it is also admitted by the management that there is no material forthcoming as to its acceptance or otherwise. the letter of resignation not having been acted upon, the management falls back on the letter of termination on 21.06.2006, while opposing the grant of any relief. keeping in mind such factual matrix the matter requires ..... 11 - 12 iv consideration :12. a) finding of the labour court regarding 13 17 delay in seeking reference of dispute b) abandonment of inquiry 17 19 c) stigmatic termination 19 22 22 - 30 d) award of back wages v order 31 - 32 4 preamble: the management of sri dharmasthala manjunatheshwara educational society has filed w.a.no.100019/2020 calling in question ..... his right or that he had slept over his rights.14. in the claim petition filed by the employee there is a detailed narration of the events in paragraph no.5 and a and reading of the claim petition in its entirety would indicate that the workman had waited till he was cleared of the charges and then approached the appropriate .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Feb-26-2021
..... question the order dated 22.06.2020 passed in c.c.no.1040/2020 on the file of the principal civil judge and jmfc, gokak taking cognizance for the offences punishable under sections 31 and 36 of the legal metrology act, 2009 ( the act for short) against the petitioners.3. petitioners in criminal petition no.101397/2020 are calling in question the order dated ..... of cr.p.c. the issuance of process ought to have been postponed/deferred till after holding inquiry as provided therein. for the said purpose, the learned counsel placed reliance on the decision of the -15- hon ble supreme court in udai shankar awasthi v. state of u.p. and others reported in (2013) 2 scc435 11. they also submitted that the ..... person not being a police officer, he shall have for that investigation all the powers conferred by this code on an officer- in- charge of a police station except the power to arrest without warrant.16. a cursory glance of the complaints would have revealed to the learned judge that the companies and petitioners arraigned as accused in the complaints are located/residing ..... outside his territorial jurisdiction. that would have alerted him to seek guidance from section 202 of cr.p.c. which loudly and .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Feb-26-2021
..... question the order dated 22.06.2020 passed in c.c.no.1040/2020 on the file of the principal civil judge and jmfc, gokak taking cognizance for the offences punishable under sections 31 and 36 of the legal metrology act, 2009 ( the act for short) against the petitioners.3. petitioners in criminal petition no.101397/2020 are calling in question the order dated ..... of cr.p.c. the issuance of process ought to have been postponed/deferred till after holding inquiry as provided therein. for the said purpose, the learned counsel placed reliance on the decision of the -15- hon ble supreme court in udai shankar awasthi v. state of u.p. and others reported in (2013) 2 scc435 11. they also submitted that the ..... person not being a police officer, he shall have for that investigation all the powers conferred by this code on an officer- in- charge of a police station except the power to arrest without warrant.16. a cursory glance of the complaints would have revealed to the learned judge that the companies and petitioners arraigned as accused in the complaints are located/residing ..... outside his territorial jurisdiction. that would have alerted him to seek guidance from section 202 of cr.p.c. which loudly and .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Feb-26-2021
..... question the order dated 22.06.2020 passed in c.c.no.1040/2020 on the file of the principal civil judge and jmfc, gokak taking cognizance for the offences punishable under sections 31 and 36 of the legal metrology act, 2009 ( the act for short) against the petitioners.3. petitioners in criminal petition no.101397/2020 are calling in question the order dated ..... of cr.p.c. the issuance of process ought to have been postponed/deferred till after holding inquiry as provided therein. for the said purpose, the learned counsel placed reliance on the decision of the -15- hon ble supreme court in udai shankar awasthi v. state of u.p. and others reported in (2013) 2 scc435 11. they also submitted that the ..... person not being a police officer, he shall have for that investigation all the powers conferred by this code on an officer- in- charge of a police station except the power to arrest without warrant.16. a cursory glance of the complaints would have revealed to the learned judge that the companies and petitioners arraigned as accused in the complaints are located/residing ..... outside his territorial jurisdiction. that would have alerted him to seek guidance from section 202 of cr.p.c. which loudly and .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Feb-26-2021
..... question the order dated 22.06.2020 passed in c.c.no.1040/2020 on the file of the principal civil judge and jmfc, gokak taking cognizance for the offences punishable under sections 31 and 36 of the legal metrology act, 2009 ( the act for short) against the petitioners.3. petitioners in criminal petition no.101397/2020 are calling in question the order dated ..... of cr.p.c. the issuance of process ought to have been postponed/deferred till after holding inquiry as provided therein. for the said purpose, the learned counsel placed reliance on the decision of the -15- hon ble supreme court in udai shankar awasthi v. state of u.p. and others reported in (2013) 2 scc435 11. they also submitted that the ..... person not being a police officer, he shall have for that investigation all the powers conferred by this code on an officer- in- charge of a police station except the power to arrest without warrant.16. a cursory glance of the complaints would have revealed to the learned judge that the companies and petitioners arraigned as accused in the complaints are located/residing ..... outside his territorial jurisdiction. that would have alerted him to seek guidance from section 202 of cr.p.c. which loudly and .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Feb-15-2021
..... complainant and the witnesses- (a) if a public servant acting or- purporting to act in the discharge of his official duties or a court has made the complaint; or (b) if the magistrate makes over the case for inquiry or trial to another magistrate under section 192: provided further that if the magistrate makes over the ..... 23 are praying for quashing of all further proceedings in cc no.789/2017 on the file of the learned additional civil judge and jmfc, koppal, for the offence punishable under section 500 of ipc.3. the learned jmfc by order dated 10/10/2017 has taken cognizance for the offence punishable under ..... occ: agriculture, r/o: belur, tq & dist: koppal. 4 . mr.mallikarjun s/o gurupadappa hadapad age:42. years, occ: agriculture, r/o: belur, tq & dist: koppal. 5 . mr.sidappa s/o hanumappa doddamani - 2 - age:41. years, occ: agriculture, r/o: belur, tq & dist: koppal. 6 . mr.ramappa s/o muddavva harijan gudlanur age ..... petition is allowed. a) the order dated 10/10/2017 in cc no.789/2017, on the file of the learned additional civil judge & jmfc, koppal, is set aside. b) the learned jmfc is directed to proceed with the private compliant by following the procedure contemplated under ..... relevant records and to quash the order1010.2017 passed by the addl. civil judge & jmfc-koppal in cc.no.789/2017/pc.no.209/2017 thereby registering the case against the petitioners for the offence punishable u/sec.500 of ipc.-. 5 - this petition coming on for admission this day, the court made the following .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Feb-11-2021
..... followed up by issuance of a policy of insurance.49. sub-section (5) which begins with a non- obstante clause declares that an insurer issuing a policy under section 147 shall be liable to indemnify the insured in respect of any liability that the policy purports to cover.50. section 149 of the act casts a duty on the insurers to satisfy the judgements and ..... that there is a requirement for an adjudication of a claim for compensation. in other words, it is only in a proceeding under sections 165 and 166 that an inquiry as contemplated under section 168 is required to be undertaken by the tribunal and an adjudication would have to be made as to who was at fault and a determination should also be ..... , against the judgment and award dated:19-01-2012 passed in mvc.no.1471/2009 on the file of the iv additional district and sessions judge and member, mact-v, belgaum, dismissing the petition filed under section163a of mv act. this appeal coming on for orders this day, the court delivered the following: judgment1 this appeal is filed challenging the dismissal of claim petition ..... . this thus makes it clear that the requirements in a proceeding under section 163a can be governed only by limitations found in the said provision and limitations prescribed under other provisions of the act cannot be imported.69. another three judges bench of the apex court in the case of united india insurance co. limited vs. sunil kumar and another - air2017sc5710has held at .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Feb-26-2021
..... cr.p.c., seeking to call for records in spl. case no.5004 of2017presently pending on the file of the iii addl. district and sessions judge, ballary, sitting at hospet and further be pelased to reverse and to set aside the - 2 - order dated0307.2017 passed in the case ..... procedure. section 19(3)(c) also states that, notwithstanding anything contained in the code of criminal procedure, no court shall stay the proceedings under the prevention of corruption act on any other ground and no court shall exercise the powers of the revision in relation to any interlocutory order passed in any inquiry, ..... not applied its judicial mind in taking cognizance for the offences. it was - 5 - also contended by him that the basic ingredients of the offence under sections 7 r/w 13(2) of the prevention of corruption act, 1988, has not been made out. he further submitted that admittedly, the petitioner ..... court is not required to appreciate evidence to conclude whether the materials produced are sufficient or not for convicting the accused. in chand dhawan (smt.) v. jawahar lal and ors., [1992]. 3 scc317 it was observed that when the materials relied upon by a party are required to be proved, ..... (varala bharath kumar and another vs. sate of telangana and another) iii) 2019 aiar (criminal) 19 (dashrath singh chauhan vs. central bureau of investigation 5. the learned standing counsel sri. santosh b. malagoudar, per contra, submitted that the complaint itself shows that the petitioner and accused no.2 in the .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Sep-21-2021
..... no.1567/2008 on the file of the presiding officer, fast track court-i & member addl. mact, belagavi, dismissing the petition filed under section 166 of m.v. act, 1994. this appeal being heard and reserved for judgment, coming on for pronouncement of judgment, this day, m.g.s. kamal, j, ..... evidence independently on the principles of preponderance of probability. the division bench of the punjab and haryana high court in the case of municipal committee jullundar city vs. shri romesh saggi and others (air1970punjab and haryana 137), taking note of the pronouncement of various high courts on the ..... into, as an invalid, and with degrees of dependence on others, robbed of complete personal choice or autonomy, should forever be in the judge s mind, whenever tasked to adjudge compensation claims. severe limitations inflicted due to such injuries undermine the dignity (which is now recognized as ..... , the act or omission being of such a nature that it may properly be described as negligence, although negligence is not given its usual meaning. (see charlesworth on negligence, 3rd edn. para 328). it is now well settled that in the case of contributory negligence, courts have power to apportion ..... (v) though the tribunal adjudicates on a claim and determines the compensation, it does not do so as in an adversarial litigation. (vi) the tribunal is required to follow such summary procedure as it thinks fit. it may choose one or more persons possessing special knowledge of and matters relevant to inquiry, .....
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