Court : Karnataka
Reported in : 2004ACJ1091; 2003(6)KarLJ134
S.R. Nayak, J.1. In a bodily injury case arising out of a motor vehicle accident, the injured being aggrieved by the judgment and award dated 8-11-2000 passed in MVC No. 2834 of 1996 on the file of the Motor Accident Claims Tribunal and Additional Judge, Court of Small Causes, Bangalore City (SCH-5), for short, 'the MACT, has preferred this appeal under Section 173(1) of the Motor Vehicles Act, 1988, for short 'the Act'.2. The facts of the case in brief are as follows:In an accident involving a motor-cycle bearing Reg. No. MEM-3769 owned by the 1st respondent and insured by the 2nd respondent-Insurance Company, the appellant sustained certain injuries. He was in-patient in the Victoria Hospital between 19-8-1996 to 23-8-1996 (both days inclusive) and even after discharge from the hospital, he had to undergo medical treatment for a period of three months. In the accident the claimant sustained bimalleolar fracture of the right ankle joint and when he was in-patient in the Victoria Hospi...
Tag this Judgment!Court : Karnataka
Reported in : 2004(1)KarLJ353; (2004)IILLJ460Kant
1. Appellant claims that he was appointed as Heavy Mazdoor on daily wage basis in November 1980 and worked continuously till his services were illegally terminated on 15-2-1983 without complying with provisions of Section 25F of the Industrial Disputes Act, 1947 ('Act' for short). He filed an application dated 14-2-1996 before the Labour Officer, Belgaum Division, to take up the matter in conciliation and failing settlement to take steps to refer the matter for adjudication. In pursuance of it, the State Government, by order dated 4-5-1998 referred the dispute as to the validity of the alleged termination, to the Labour Court, Hubli under Section 10(1)(c) of the Act. By award dated 5-1-1999, the Labour Court rejected the reference on the ground that appellant had sought reference after 13 years and the delay was not explained. Feeling aggrieved, appellant filed W.P. No. 23187 of 2002. The learned Single Judge dismissed the petition by order dated 19-6-2002 on the ground that the conclu...
Tag this Judgment!Court : Karnataka
Reported in : 2004(1)KarLJ595
ORDERN.K. Patil, J.1. The petitioner assailing the correctness of the impugned order dated 12-6-2003 passed by the 1st respondent, vide Annexure-B has presented this writ petition.2. The brief facts of the case are as under:The petitioner is the elected member and Adhyaksha of the Grama Panchayat, 2nd respondent. When things stood thus, Upadhyaksha and three other members of the Grama Panchayat have gave a complaint to the 1st respondent on 12-11-2002. In pursuance of the said complaint, the 1st respondent has initiated proceedings and issued notice to the petitioner. After the receipt of the said notice, petitioner has filed his reply on 21-12-2002. After the receipt of the reply, 1st respondent had called for reports from the Secretary of the Grama Panchayat and the Junior Engineer of the Zilla Panchayat Engineering Division. In turn, the Secretary of the Grama Panchayat has submitted his report/documents on 20-12-2002 and on 16-1 -2003. The Junior Engineer has submitted his report o...
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR2882
ORDERD.V. Shylendra Kumar, J.1. Petitioner claims that he is the Mutavalli of the Hazrath Hub-Ali Shah Makan at Kolar. It is the claim of the petitioner that he has been an hereditary Mutawalli of this Darga. It appears that he was in fact appointed as Mutawalli as per Order No. KTW/M-1/23-KLR-84-85, Bangalore dated 9th August, 1990 issued by the Karnataka Board of Wakfs, Bangalore (copy at Annexure A). Petitioner was required to function under the general supervision and control of the District Wakf Committee, Kolar. 2. The district Wakf committee for the district of Kolar within which the Hazarath Hub-Ali shah Darga is located is also constituted by the Karnataka Wakf Board.3. It is the claim of the petitioner that the petitioner had brought to the notice of Wakf Board about certain undesirable activities on the part of members of the District Wakf Committee particularly in the matter of construction and leasing of some 19 shops and also in the matter of collection of rent and other ...
Tag this Judgment!Court : Karnataka
Reported in : III(2004)ACC327; 2005ACJ1712; [2004(102)FLR693]; 2004(4)KarLJ37
Ram Mohan Reddy, J.1. This miscellaneous first appeal under Section 30(1)(a) of the Workmen's Compensation Act is filed by the insurer, calling in question the correctness of the judgment and award dated 25-1-2002 passed in Case No. CWC:CR:132 of 2001 by the Labour Officer and Workmen's Compensation Commissioner, Chitradurga (for short, 'Commissioner').2. Relevant facts necessary for determination of this appeal are.--One Nagaraja said to be aged 25 years employed by the fourth respondent herein, to work as a cleaner in the motor vehicle being a tipper bearing Reg. No. KA-16-5209 owned by the fourth respondent herein, while in the course of employment, sustained grievous injuries in an accident that occurred on 11-7-2001 at about 8.30 p.m. involving a motor vehicle, while crossing the road, near a dhaba at Maderahalli. The deceased Nagaraja, it is claimed, was mowed down by the lorry bearing Reg. No. TN.28-4668, driven at a high-speed and in a rash and negligent manner had caused the a...
Tag this Judgment!Court : Karnataka
Reported in : II(2004)ACC368; 2004ACJ1498; ILR2004KAR1975; 2004(2)KarLJ440
Ram Mohan Reddy, J.1. The management of the K.S.R.T.C. has preferred this appeal under Section 173(1) of the Motor Vehicles Act, 1988 (for short, the 'Act'), calling in question the judgment and award dated 2-11-2001 in M.V.C. No. 216 of 1998 on the file of the Additional Civil Judge (Senior Division) and Additional MACT, Hassan (for short, the 'MACT).2. Brief facts leading to the filing of this appeal are:On 26-10-1998 one Chandraiah was travelling as a passenger in a K.S.R.T.C. bus bearing No. KA-25-F-278 from Hassan to Ugane. When the bus stopped near Dyavegowdanahally High School in order to allow the school children to get into the bus, driver of the said bus without waiting for the signal to be given by the conductor moved the bus in a rash and negligent manner, at a high-speed, as a result of which Chandraiah who was on the footboard fell out of the bus sustained grievous injuries and later succumbed to the same. The jurisdictional police prosecuted the driver of the bus and cha...
Tag this Judgment!Court : Karnataka
Reported in : 2004CriLJ1147; 2004(3)KarLJ432
ORDERM.S. Rajendra Prasad, J.1. Both cases involve common questions of law and common arguments have been advanced by both sides. Hence, they are being disposed of by a common order.2. These revision petitions filed by the State under Sections 397 and 401 of the Cr. P.C. are directed against the judgments dated 27-3-2001 and 7-4-2001 passed by the Principal Sessions Judge, Dakshina Kannada, Marigalore, in Cri. A. Nos. 9 and 10 of 1998, respectively, wherein the learned Sessions Judge had set aside the orders of confiscation dated 14-12-1997 and 24-12-1997 passed by the Authorised Officer in Nos. SDK/DTCR/135/91-92 and SDK/DTCK/271/92-93, respectively, challenging the legality and propriety of the judgments impugned.2-A. The Court has heard the arguments of Sri C. Ramakrishna, learned Government Pleader on behalf of the State of Karnataka and Sri K.M. Nataraj, learned Counsel on behalf of the respondents.3. In both these cases, the short question that arises for consideration is whether...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD1; 2004(1)ALT659
P.S. Narayana, J.1. Ranga Reddy District Sarpanches Association, represented by its President and Convenor Sri Girish Sanghi and others had invoked the jurisdiction of this Court under Article 226 of the Constitution of India questioning certain provisions of A.P. Panchayat Raj Act, 1994 and certain Government Orders and Rules by filing W.P. No. 12348/2002. Federation for Empowerment of Local Government by its Presidum Member, Lok Satta by its General Secretary and Dr. Jayaprakash Narayana filed W.P.MP. No. 22300/2003 in W.P. No. 12348/2002 to implead them as Respondents 3 to 5 and in view of the averments made in the affidavit filed in support of the application the said W.P.M.P. No. 22300/2003 is allowed and proposed parties are impleaded as Respondents 3 to 5. The contesting parties had put in lengthy pleadings and also placed ample material before the Court in support of their respective contentions. Likewise, Prasanna, Chairperson, District Level Committee, Zilla Parishad, Nalgond...
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR279; (2008)11VST267(Karn)
ORDERAjit J. Gunjal, J.1. This revision petition is filed by the assessee under Section 15-A of the Karnataka Tax on Entry of Goods Act, 1979. The assessment year is 1992-93.2. Brief facts which are germane for disposal of the revision petition can be stated as under;The Petitioner is a limited company manufacturing, among others, air-conditioners and refrigerators in various States in India and the countrywide marketing network with branches including one at Bangalore. The petitioner is a dealer registered under the Central Sales Tax Act, 1956 (for short CST Act), Karnataka Sales Tax Act, 1957 (for short KST Act) and Karnataka Tax on Entry of Goods Act, 1979 (for short KTEG Act). The petitioner's branch at Bangalore is engaged in selling its manufactured goods. For the assessment year 1992-93, the petitioner filed its return under the KTEG Act declaring the value of goods arrived at by taking the amount shown in the stock transfer invoice issued by the manufacturing unit which represe...
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR3111; 2004(2)KarLJ247
ORDERK. Bhakthavatsala, J.1. The petitioner is Before this Court praying for quashing the notification dated 17-11-2003 (Annexure-H) on the file of the 2nd respondent holding election to the post of Adhyaksha on 28-11-2003 and also declare that the term of office of the Adhyaksha and Upadhyaksha of the 3rd respondent-Panchayat shall be for a period of 20 months from 2-8-2003.2. The case of the petitioner is that since she was elected to the office of Adhyaksha of 3rd respondent-Panchay at on 2-8-2003, her term of office comes to an end on 1-4-2005. But, the 1st respondent has now issued a reservation notification dated 29-10-2003 for the 3rd term tenure reserving the Office of Adhyaksha for Ladies General category and Upadhyaksha to BCA (Annexure-E). The petitioner objected for holding election to the post of Adhyaksha as it is premature and her term of 20 months expire on 1-4-2005. Therefore, the petitioner is before this Court.3. The respondents 1 and 2 are represented by Sri H.B. Na...
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