Court : Karnataka
Decided on : Aug-17-2000
Reported in : ILR2000KAR4535; 2001(2)KarLJ430
ORDER1. Facts and law involved in these petitions are common and therefore, they are clubbed together, heard and disposed off by this common order.2. Petitioners were allottees of residential houses by respondent-the Life Insurance Corporation of India. Since there was a breach of terms and conditions of letter of allotment by the allottees, the respondent-Corporation has cancelled the allotment and has reallotted the houses to the private respondents herein. It is this action of respondent-Corporation, which is questioned by the petitioners in these proceedings.3. Brief facts are:The Life Insurance Corporation of India had advertised a scheme for sale of row houses, built by it in Jeevanbheemanagar, Bangalore, on the lands sold to it by Bangalore Development Authority. The details of the scheme are set out in the brochure circulated by it to its policy holders. The Brochure contains the terms and conditions of the allotment and sale of the said houses. Pursuant to the advertisement, p...
Tag this Judgment!Court : Karnataka
Decided on : Mar-20-2000
Reported in : 2000(4)KarLJ370
..... others v state of gujarat, to contend that the earlier judgment of the lic case in life insurance corporation of india v d.j. bahadur and others , cannot be accepted. it was in l/c's case that industrial disputes act is held to be a special law and has to prevail over lic act being a general law. this llc's case, according to the respondents, cannot be looked ..... pendency of the petitions has in its judgment in management of karnataka state road transport corporation, bangalore and others v karnataka state road transport corporation staff and workers' federation and another dismissed the appeal filed by the corporation subject to a limited clarification that the question of applicability of section 34 of the corporations act is kept open. i must also notice that after the judgment of the hon'ble ..... petitioner against the state. that was a case of an association formed for the development of hindi and its propagation throughout the country. uttar pradesh legislature passed an act known as u.p. hindi sahitya sammelan act no. 36 of 1956 under which a statutory body was created. that was challenged and ultimately it landed in supreme court. one of the contention, being that the right to ..... 2-3-2000 stating that they do not press this application and are withdrawing the same without prejudice to its contentions. the said memo is taken on record.43. the hon'ble supreme court in management of karnataka state road transport corporation's case, supra, has in para 8 framed the following four .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-15-2000
Reported in : ILR2001KAR1341; (2002)IVLLJ370Kant
..... the provisions of the trade unions act. the political rights of every citizen including the workmen is protected and recognised in the case of kameshwar prasad v. state of bihar : (1962)illj294sc wherein the apex court has accepted the principle.29. in life insurance corporation of india, there was regulation 25 which is exactly similar to that one proposed by the management in respect of provisions of political activity. this regulation has been subsequently dropped by the lic in the conduct rules applicable to the lic employees. it is ..... and nothing to do with the master and servant relationship.15. the objection by the management to the above writ petition is to the following effect: every person in the service of the government company constituted under the companies act, 1956 is a pubic servant as defined under section 21 of the indian penal code and there (sic) is not much difference between the government servant and an employee of public sector undertaking. the government companies are considered as 'state' under article 12 of ..... party or organisation provided he gets written permission of the employer, whose such continuous right is conferred upon the workmen, that is sought to be taken away by the appellate authority, which, in my opinion, is not correct.43. in fact in the grounds made out in the petition there is no serious objection to clause 25 (19) as it stood except the contention was that there was no necessity to impose such new type of misconduct. the submission .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-04-2000
Reported in : ILR2000KAR4770; 2001(3)KarLJ401
ORDER1. The revision is directed against the order of the learned Magistrate passed under Section 13(3) of the Registration of Births and Deaths Act, 1969 ('Act' for short). The applicant, Smt. Annakka sought an order of the learned Magistrate under Section 13(3) of the Act with regard to registration of birth of her son, Soogappa. Sri Bhavani Singh, learned High Court Government Pleader submits that except the statement on oath of the applicant, there was not an iota of material to show that the applicant's son Soogappa was born on 22-6-1964 i.e., the date on which, according to the applicant, Smt. Annakka, she gave birth to the said son, Soogappa.2. The submission of Sri Bhavani Singh, learned High Court Government Pleader, appears to be on the footing that the moment the learned Magistrate passes an order under Section 13(3) of the Act, the correctness of the date of birth of the child concerned gets adjudicated upon, and that for all purposes, it will be taken that a competent Cour...
Tag this Judgment!Court : Karnataka
Decided on : Jul-06-2000
Reported in : ILR2001KAR1443
R.V. Raveendran, J.1. This is a claimants' appeal against the judgment and award dated 26-9-1996 passed by the District Judge and MACT, Chitradurga, in MVC No. 19/1994.2. The appellants are respectively the widow, three children and mother of one Govinda Setty. The said Govinda Setty was a partner of 'M/s Bellary Venkataswamy Setty' carrying on business at Davangere. On 10-10-1993, when the said Govinda Setty, along with his family members, was travelling in a car bearing No. KA, 17/M- 2911 from Bangalore to Davangere, the said care dashed against a parked lorry resulting in the death of the said Govinda Setty. Feeling aggrieved, the widow, children and mother of the said Govinda Setty filed MVC No. 19/1994 against the driver, owner and insurer of the Car, claiming a compensation of Rs. 35,00,000/ alleging that the accident occurred due to the rash and negligent diving by the driver of the car.3. The petition was resisted by the respondents contending that there was no negligence on th...
Tag this Judgment!Court : Karnataka
Decided on : Mar-25-2000
Reported in : 2001ACJ409; ILR2000KAR2312; 2000(5)KarLJ142
ORDER1. The revision petitioner along with his wife, was awarded compensation for the death of their son, in MVC No. 18 of 1998 in a sum of Rs. 60,000/- which was settled in Lok Adalat. Out of the said compensation amount, a sum of Rs. 20,000/- is deposited in Vysya Bank for a period of five years in the name of the petitioner, by the order of the Court. The balance of Rs. 40,000/- is said to have been paid to the petitioner.2. The petitioner made an application for payment of Rs. 20,000/-kept in Fixed Deposit in Vysya Bank to meet the marriage expenses of his daughter, scheduled to be held on 18-2-2000. Along with the application, the marriage invitation card is produced before the Trial Court. The Trial Court rejected the request noting that Rs. 40,000/- is already paid to the petitioner which is available with him and the same could be utilised for the purpose of marriage, besides dwelt upon insignificant and unimportant discrepancies like the age of the petitioner shown as 32 years...
Tag this Judgment!Court : Karnataka
Decided on : Mar-29-2000
Reported in : AIR2000Kant288; ILR2000KAR2197; 2000(5)KarLJ189
ORDER1. The petitioners herein challenge the validity of Annexure-C fixation issued by the respondents in exercise of their power conferred under Paragraph 9 of the Drugs (Prices Control) Order, 1995 (hereinafter referred to as the 'DPC Order'), fixing the ceiling price of the medicinal preparations manufactured by them. They allege that the 1st petitioner is an SSI unit manufacturing a capsule named ZEVIT which is a medicinal product containing Vitamin B and zinc. They allege that the impugned notification has been issued without prior notice; that a press release issued by the respondents Annexure-D indicates that the petitioners and another manufacturer alone have been targeted for a discriminatory treatment, that the cost difference in the manufacture of the formulations as explained in Annexure-E has not been borne in mind by the respondents while fixing the price resulting in the manufacturer of whose formulation having higher potency of ingredient being treated equally with manu...
Tag this Judgment!Court : Karnataka
Decided on : Jul-25-2000
Reported in : 2001ACJ1965
Hari Nath Tilhari, J.1. This appeal arises from the judgment and award dated 11.3.1993 delivered by the Motor Accidents Claims Tribunal No. 1, Bijapur in MVC No. 288 of 1991.2. The Tribunal had awarded a total compensation of Rs. 1,62,380 with costs and interest at the rate of 6 per cent per annum from the date of the petition till the date of realisation.3. The material facts and the findings recorded by the Tribunal are to the effect that on the fatal day, i.e., 24.3.91 at about 8.45 p.m., as established by the claimants, Mallikarjun Irappa Awati suffered injuries and died on account of the accident that had taken place on the aforesaid date at 8.45 p.m. near Basaveswar Circle, Mahalingapur town on Mahalingapur-Mudhol Road. While he was going on the bicycle, at that time the tractor bearing No. KA 29-357 along with trailer No. KA 29-358 driven by respondent No. 1 in a rash and negligent manner and at high speed came and knocked down the deceased Mallikarjun, who was going on his cycl...
Tag this Judgment!Court : Karnataka
Decided on : Jul-03-2000
Reported in : 2001ACJ1141
Hari Nath Tilhari, J. 1. This appeal arises from the judgment and award dated 22.6.1993, delivered by the Motor Accidents Claims Tribunal No. IV, Belgaum in M.V.C. Case Nos. 387 and 467 of 1988.Here in the appeal, we are concerned with the award with reference to M.V.C. Case No. 467 of 1988, it may be mentioned that the Tribunal has awarded a total compensation of Rs. 1,06,500, payable by the respondent Nos. 2 and 3, before the Tribunal with interest at the rate of 6 per cent from the date of petition till the date of actual payment.2. The facts of the case in brief are that on 14.2.1988, at about 10.30 a.m., on Gokak-Belgaum Road, an accident occurred involving goods truck bearing registration No. MWE 1064 and thereby the claimants suffered bodily injuries.According to the case of the claimants, the claimant and his son, who was claimant in M.V.C. Case No. 387 of 1988, were travelling on the motor cycle belonging to the present claimant-appellant, namely, Hero Honda motor cycle bearin...
Tag this Judgment!Court : Karnataka
Decided on : Nov-03-2000
Reported in : II(2001)ACC512; 2002ACJ189; 2001(2)KarLJ629
ORDER1. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner-Insurance Company has sought to challenge the award granted by the Motor Accident Claims Tribunal in M.V.C. No. 298 of 1994. The Tribunal decided M.V.C. Nos. 298, 299, 300, 337 and 352 of 1994 by one common judgment allowing the Claims and withreference to claim case No. 298 of 1994, it had awarded the total compensation of Rs. 4,97,500-00.2. The accident in question had taken place on 21-11-1993 at about 3-10 p.m. Muralidhar, deceased, and Rukminiamma, now died, were travelling in a tempo bearing registration No. CNG-8836 from Udupi to Kapu. At that time, according to claimant's case, a bus bearing registration No. CNG-9385 came from opposite direction in a bigh speed and in a rash and negligent manner from the wrong side of the road and hit a portion of the tempo in which deceased Muralidhar and others were travelling. As a result of injuries, Muralidhar died and others suffered injuries....
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