Court : Karnataka
Decided on : Aug-05-2003
Reported in : III(2004)ACC380; 2004ACJ591; ILR2004KAR249; 2004(1)KarLJ216
1. The appellant in this appeal is the Life Insurance Corporation of India. In this appeal the appellant has called in question the correctness of the order dated 25th July, 2000 made in Writ Petition No. 19596 of 1999 by the learned Single Judge.2. The facts in brief are as follows:The second respondent is an institution registered under the Karnataka Societies Registration Act. The object of the second respondent-institution is to promote Kannada literature and culture. The wife of the first respondent-Smt. Uma Iyer, expired on 29th June, 1998 (hereinafter referred to as 'the deceased employee'), while she was in the employment of the second respondent as a Stenographer. The appellant and the second respondent had entered into a scheme known as 'Group Savings Linked Insurance Scheme' (hereinafter referred to as 'the GSLI Scheme'), with effect from 20th September, 1989. The deceased was also admitted for the benefit of the GSLI Scheme. As per the terms of the GSLI Scheme, the second r...
Tag this Judgment!Court : Karnataka
Decided on : Jun-20-2003
Reported in : ILR2003KAR2898; 2003(5)KarLJ205
ORDERDattu, J.1. The respondent - Divisional Office of the Life Insurance Corporation of India ('the Corporation' for short) had invited applications for appointment to the posts of Typists and Sub-staff for its Raichur divisional office. In this Writ Petition we are only concerned with the appointments made to the post of Sub-Staff in the Corporation. In the employment notice, the qualification that was prescribed for the post of Sub-staff is that, the applicant should have passed IX standard examination and the candidates who have passed SSLC examination with less than 55% of marks in the aggregate were also permitted to participate in the selection process. 2. Petitioner who is a graduate, had stalked his claim by filling up the prescribed proforma application and filing the same before the respondent - Corporation Copy of the application is produced by the respondent - Corporation along with their statement of objection. The application requires to be filled by the applicants in th...
Tag this Judgment!Court : Karnataka
Decided on : Mar-17-2003
Reported in : ILR2004KAR1892; 2004(3)KarLJ310
ORDERV. Gopala Gowda, J.1. The petitioners are the registered Co-operative Housing Societies under the provisions of the Karnataka Co-operative Societies Act, 1959 and the Karnataka Co-operative Societies Rules, 1960 (for short, hereinafter called as 'KSC Act' and 'KCS Rules' respectively). They are aggrieved of the amendment to Section 38 by inserting proviso to the KCS Act by Act No. 6 of 2001. They have filed these petitions seeking for issuance of writ of certiorari to strike down Section 5 of the Karnataka Act No. 6 of 2001, by inserting the proviso to Section 38 of the KCS Act contending that the same is unconstitutional and further sought for such other directions or direction of this Court that it may deem fit to grant in the facts and circumstances of case.2. Certain necessary and relevant facts and the legal contentions urged by the petitioners are adverted to in this judgment for the purpose of considering and answering the points that would arise in these petitions by this ...
Tag this Judgment!Court : Karnataka
Decided on : Aug-04-2003
Reported in : IV(2004)BC595; [2004]121CompCas447(Kar); 2003(6)KarLJ60
ORDERN.K. Patil, J.1. In this writ petition, the petitioner has assailed the order dated 31-8-2002 passed by the Karnataka Appellate Tribunal in Appeal No. 70 of 2002 vide Annexure-B and also the judgment and award passed by the 2nd respondent in Dispute No. 102/96-97, dated 28-12-1996 vide Annexure-A.2. It is not in dispute that the petitioner availed loan from the 1st respondent-Bank on 14-8-1990 payable in 48 instalments. The last instalment expired on 30-8-1994. As the petitioner failed to pay the instalments as agreed by him even after the expiry of the last instalment, the 1st respondent raised a dispute under Section 70 of the Karnataka Cooperative Societies Act before the 2nd respondent. The 2nd respondent, after considering the oral and documentary evidence on record and other materials placed before him, has passed the impugned judgment and award on 28-12-1996. Assailing the said judgment and award, the petitioner filed an appeal before the Karnataka Appellate Tribunal in App...
Tag this Judgment!Court : Karnataka
Decided on : Aug-08-2003
Reported in : 2005ACJ122; ILR2003KAR4582
ORDERShylendra Kumar, J.1. Petitioner's husband was working as a Beekeeping Organiser in the Industries & Commerce Department, Z.P. Wing, Mandya. Petitioner's husband being an employee of the State Government, was under an obligation to take out a policy of insurance on his life during his tenure of employment and this is governed by the Karnataka Government Servants (Compulsory Life Insurance) Rules, 1958 ('the Rules' for short). Under Rule 6 of these Rules, insurance is compulsory for Government servants and a premium amount of 6 1/4 % of the average salary of the employee is required to be remitted to the Government for issuing a life assurance policy under these Rules. Under the Rules, there is an option given to an employee to have a life assurance policy over and above this amount also and on payment of higher premium.2. During his life time, the said employee, the husband of the petitioner had taken out three life assurance policies. Claim was not settled in respect of the Polic...
Tag this Judgment!Court : Karnataka
Decided on : Feb-25-2003
Reported in : ILR2004KAR536; 2003(5)KarLJ466
ORDERS.R. Nayak, J.1. This writ petition is preferred by Chitradurga District Mazdoor Sangh, trade union represented by its President calling in question the inaction of the Management of Bhadra Sahakari Sakkare Karkhane Niyamita represented by its Managing Director, first respondent in the writ petition, in implementing the settlement produced as Annexure-A, dated 14-5-1998 and for a consequent direction to the management to implement the aforementioned settlement.2. The events leading to the filing of the writ petition be noted briefly as under:The services of members of the petitioner-Sangha, while serving as daily wagers, seasonal and regular employees in the establishment of the first respondent-factory, were terminated by the management. The concerned workmen instituted industrial disputes before the Labour Court, Hubli assailing the above action of the management. When those disputes were pending before the Labour Court, the management in response to several representations made...
Tag this Judgment!Court : Karnataka
Decided on : Feb-25-2003
Reported in : (2003)IIILLJ300Kant
S.R. Nayak, J.1. This writ petition is preferred by Chitradurga District Mazdoor Sangh, trade union represented by its president calling in question the inaction of the management of Bhadra Sahakari Sakkere Karkhane Niyamita represented by its managing director, first respondent in the writ petition, in implementing the settlement produced as annexure A, dated May 14, 1998, and for a consequent direction to the management to implement the aforementioned settlement.2. The events leading to the filing of the writ petition be noted briefly as under:The services of members of the petitioner-sangha, while serving as daily-wagers, seasonal and regular employees in the establishment of the first respondent-factory, were terminated by the management. The concerned workmen instituted industrial disputes before the Labour Court, Hubli, assailing the above action of the management. When those disputes were pending before the Labour Court, the management in response to several representations made...
Tag this Judgment!Court : Karnataka
Decided on : Sep-15-2003
Reported in : 2004ACJ271
Nayak, J.1. A small man's problems would quite often throw greater challenges to the Judge and legal system if they were to do justice to him. The challenge brought before the court in this case relates to the question whether technicalities should be allowed to overtake the commands of justice and the dictates of good conscience of the Judge? The basic jurisprudential question throughout the ages is how can we improve the quality of justice for individual parties; how can we reduce injustice? Over the centuries, it can be seen, the main answer has been to build a system of rules and principles, precepts and concepts to guide decisions in individual cases. That is a good answer, as good for the future as for the past', if we can borrow the phrase from Kenneth, Culp Davis. Therefore, the continued development of rules and principles, innovations of precepts and concepts are both desirable and inevitable. We thought hitherto that technicality is the unfailing resource of an Indian litiga...
Tag this Judgment!Court : Karnataka
Decided on : Jun-23-2003
Reported in : 2004ACJ808
S.R. Nayak, J. 1. Oriental Insurance Co. Ltd., which is the respondent No. 1 in M.V.C. No. 376 of 1999 on the file of the court of the Motor Accidents Claims Tribunal and Additional Judge, Court of Small Causes, Mayo Hall Unit, Bangalore, (SCCH 20), (for short 'the Tribunal'), being aggrieved by the judgment and award of the Tribunal dated 28.3.2002, has preferred this appeal under Section 173(1) of Motor Vehicles Act, 1988 (for short 'the Act').2. The facts of the case, in brief, are:The respondent Nos. 1 and 2 herein, namely, Kempamani and Jayanthkumar are the dependants of late C.M. Basavaraju (deceased). The deceased was working at a pub on Brigade Road, Bangalore and he died in a motor accident which took place on Varthur Main Road in front of Sunrise Bar and Restaurant, at about 11 p.m., while he was proceeding to his house on a Hero Puch (a two-wheeler) when a stray cow rushed into the middle of the road from the left side and dashed against the Hero Puch driven by the deceased....
Tag this Judgment!Court : Karnataka
Decided on : Jun-23-2003
Reported in : I(2005)ACC585
S.R. Nayak, J.1. The Oriental Insurance Company Limited, which is the first respondent in M.V.C. No. 376 of 1999 on the file of the Court of the Motor Accident Claims Tribunal and Additional Judge, Court of Small Causes, Mayo Hall Unit, Bangalore (SCCH 20), (for short 'the Tribunal'), being aggrieved by the Judgment and Award of the Tribunal dated 28th March, 2002, 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 respondents 1 and 2 herein, namely, Smt. Kempamani and Master Jayanthkumar are the dependants of the late C.M. Basavaraju (deceased). The deceased was working at a Pub on Brigade Road, Bangalore and he died in a motor accident which took place on Varthur Main Road in front of Sunrise Bar and Restaurant, at about 11.00 p.m., while he was proceeding to his house on a Hero Puch (Two-wheeler) when a stray cow rushed into the middle of the road from the left side and dashed against the Hero ...
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