Court : Karnataka
Decided on : Dec-14-2006
Reported in : ILR2007KAR602; 2007(3)KLJ401; 2007(2)KCCR845; 2007(1)AIRKarR666
ORDERH.V.G. Ramesh, J.1. In this Writ Petition, the petitioners have sought to declare Clause 4 of the Insurance Policy as unconstitutional and ultravires and further, to declare that the condition to undergo Medical Test for getting the revival or renewal of the policy as null and void and to issue writ of mandamus or any other direction directing the respondents 2 & 3 not to forfeit the premium amount paid by the discontinued policy holders and to treat the said amount as fixed deposit till the maturity period and further to issue writ of mandamus to direct the respondent Corporation to deposit all such alleged forfeited amount in any one of the scheduled bank or in the alternative, to treat the said amount, as the deposit of the policy holders payable at the time of maturity of the policy along with the reasonable interest and for such other relielfs.2. Heard the learned Counsel for the petitioner and the learned Counsel for the respondent.3. The petitioners are said to be the polic...
Tag this Judgment!Court : Karnataka
Decided on : Jul-26-2006
Reported in : ILR2006KAR3384; 2007(1)KarLJ147
ORDERH.N. Nagamohan Das, J.1. In this writ petition the petitioners have sought for a declaration declaring that the notification dated 17.04.1997 issued by the respondents as illegal, arbitrary and ultra virus of the settlement dated 30.09.1974 and violative of Articles 14, 16, 21, 38, 39, 41, 42 and 43 of the Constitution of India and for consequential benefits in so far as it relates to:(i) denial of free Electricity to die future incumbents to the Board's service;(ii) prescribing Pre-University Course qualification to the post of Junior Assistants; and(iii) prescribing ITC/ITI qualification to the posts of Assistant Line-men and equivalent categories.2. Before 1957, the generation and transmission of electrical power was discharged by the erstwhile Electrical Department of the Government of Mysore. Under the provisions of Indian Electricity (Supply) Act a Board was constituted on 30.09.1957 in place of the Government Electrical Department. Subsequently, in the year 1970, the Electr...
Tag this Judgment!Court : Karnataka
Decided on : Jul-14-2006
Reported in : 2007(1)SLJ352(NULL)
ORDERAnand Byrareddy, J.1. The facts of the case are:The petitioner is engaged in the manufacture of tyres. The petitioner had employed over 2000 workmen and over 400 officers. The petitioner has a canteen. This is as provided and required under Section 46 of the Factories Act, 1948 (hereinafter referred to as 'the Act' for brevity). During the period 10.6.1984 to 9.7.1986, me said canteen was said to have been run and managed by a contractor by the name of Somayaji G. On 3.9.1986, it appears, the said contractor was murdered outside the factory gate. The workmen employed by the contractor were arrested and thereafter, the contract having been terminated even prior to the death of the contractor, the workmen engaged by the contractor were not allowed into the factory premises, as the petitioner claimed that there was no relationship of 'master and servant' as between the petitioner and the said workmen. The workmen had raised a dispute that there was illegal termination and sought rein...
Tag this Judgment!Court : Karnataka
Decided on : Feb-10-2006
Reported in : 2006(2)KarLJ143
B. Padmaraj, J.1. This intra-Court appeal by the appellant-Karnataka Silk Industries Corporation Limited is directed against the order passed by the learned Single Judge of this Court in Y.N. Krishna Murthy u Karnataka Silk Industries Corporation Limited, Bangalore : ILR2005KAR3389 whereby the learned Single Judge has accepted the petition filed by the respondent-employee and directed the appellant-employer not to proceed further in terms of the show-cause notice dated 14-2-2005, served on the respondent calling upon him to offer his explanation, with regard to certain alleged misconduct. The learned Single Judge has observed in para 15 of the impugned order as under:15. In the circumstances, I have no hesitation to hold that the present show-cause notice is required to be interfered with on account of delay and laches and the respondents are to be directed not to proceed further on the basis of the said notice. I must also to say that even if liberty is available to the petitioner, de...
Tag this Judgment!Court : Karnataka
Decided on : Jun-17-2006
Reported in : 2007ACJ1087
ORDERN.K. Patil, J.1. In the instant case, petitioner has sought for quashing the letter/order dated 15th October 2001 and letter dated 11th February 2002 vide Annexures E and H respectively, both passed by respondent, as the same are arbitrary and illegal and hence unsustainable in law. Further petitioner has sought for a direction, directing the respondent to settle the claim of the petitioner and make payment of Rs. 75,000/- due under the Master Policy No. 73777 on account of the death of her husband Sri. Nanjundappa, S.G. forthwith.2. The grievance of the petitioner in the instant writ petition is that, petitioner is the legally wedded wife of one Nanjundappa, S.G. who was working as Head Master at Sri. Basavarajendra Demonstration High School, Arasikere, Hassan District which is a Government Aided School. While he was so working, he was also a member of Employees Group Saving linked Insurance Scheme vide Master Policy No. GSLI 73777 issued by respondent and was regularly contribut...
Tag this Judgment!Court : Karnataka
Decided on : Mar-28-2006
Reported in : ILR2006KAR1900; 2006(3)KarLJ428
ORDERMohan Shantanagoudar, J.1. The petitioner has sought for the following reliefs:a) A writ in the nature of declaration, declaring that sub-section 4A of Section 29G introduced by enactment of Act No. 24/2001 vide Annexure-A is ultra vires of Section 28A and 29F of the Karnataka Co-operative Societies Act, (herein after called as 'Act) 1959.b) A writ in the nature of mandamus directing the 2nd respondent to declare that the resolution dated 9.4.2002 vide Annexure-B passed by the 3rd respondent society as illegal and without authority of law.2. Learned Counsel for the petitioner Sri K.R. Sreenivas Patavardhan appearing for shanthesh Gureddi submits that he is not pressing prayer (b). The said submission is recorded.3. The petitioner has questioned the validity of Sub-section (4-A) of Section 29G which is inserted by Act No. 24/2001 with affect from 5.9.2001 on the ground that the same is ultra vires of Sections 28A and 29F of Karnataka Co-operative Societies Act (hereinafter referred...
Tag this Judgment!Court : Karnataka
Decided on : Jan-19-2006
Reported in : ILR2006KAR1764; 2006(2)KarLJ565
ORDERB.S. Patil, J.1. In this writ petition, the petitioner is challenging the endorsement issued on 11-11-2003 and 4-6-2004, vide Annexures-H and J rejecting the request made for compassionate appointment of the petitioner. The claim for compassionate appointment is rejected on the ground that as per Sub-rule (2) of Rule 3 of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 (for short 'the Rules'), there is no provision for grant of compassionate appointment to the step children of the deceased.2. Before dealing with the legal point that is canvassed by the Counsel for the petitioner, few facts which will have bearing on the question raised can be referred to.Petitioner is the son of Smt. Janakamma born out of the wedlock between Smt. Janakamma and her first husband. After the death of the father of the petitioner Smt. Janakamma contracted another marriage with one S. Keriyappa on 24-4-1986. This was a registered marriage. It is claimed that at the time ...
Tag this Judgment!Court : Karnataka
Decided on : Sep-29-2006
Reported in : [2006(111)FLR1170]; ILR2006KAR4015
1. All these appeals are filed against the common order dated 12.9.2000 passed by the Employees State Insurance Court (hereinafter referred to as 'the ESI Court') in ESI Application No. 52/1998 and 28/1998. In the said applications, the Karnataka State Small Industries Development Corporation (hereinafter referred to as 'KSSIDC' for short) was the applicant and the Employees State Insurance Corporation (ESI Corporation) was the respondent. The ESI application No. 28/98 relates to claim of interest and ESI Application No. 52/1998 relates to the claim of damages by the ESI Corporation. The ESI Court by its order dated 12.9.2000 has limited the claim of interest only to the periods from 7.2.1997 to 25.10.1997 and damages at 25% for the said period. The ESI Corporation being aggrieved by the limiting of the interest has preferred MFA No. 272/01 and in so far as reducing the damages has filed MFA No. 270/01. The KSSIDC being aggrieved in so far as granting interest even for the said period ...
Tag this Judgment!Court : Karnataka
Decided on : Dec-06-2006
Reported in : 2007ACJ2276; 2007(2)KarLJ142; 2007(1)KCCR478; 2007(2)AIRKarR174; AIR2007NOC652; 2007ACJIV2276(DB)
ORDER1. Life Insurance Corporation of India is before us challenging the Judgment and Decree passed by the learned Civil Judge (Sr.Dn), T. Narasipura in O.S.No. 59/2004.2. The deceased T.S. Dasaratha took an insurance Policy bearing No. 720978441 under Plan-Term 14-20 with half-yearly mode. The date of commencement was 15.3.2000. Sum assured was Rs. 3,00,000/-. The life assured paid the premium for 2 years and subsequently he expired on 3.11.2002 due to vital Centre failure and paralytic stroke. An investigation was conducted. Thereafter, according to the appellant, the deceased life assured was treated as an inpatient in Sitaranga Hospital, Mysore on 19.1.1999 and was discharged on 22.1.1999. During the treatment Echo-cardiograph was taken and confirmed that he was an hypertension patient. It further reveals that he was a chain smoker and alcoholic. The appellant-Corporation therefore, repudiated the claim made by the respondent on the plea that the deceased life assured had suppresse...
Tag this Judgment!Court : Karnataka
Decided on : Apr-19-2006
Reported in : 2007ACJ1858; 2007(3)KarLJ305; 2007(1)Kar720; 2007(3)KLJ305; 2007(2)KCCR924; 2007(2)AIRKarR246; 2007(3)CivilLJ624(DB).
1. These Miscellaneous First Appeals under provisions of Section 173(1) of the M.V. Act, 1988 (In short 'the Act'), are directed against the judgment and award dated 14-02-1995 passed in MVC 1/2002 on the file of MACT-I & Principal District Judge, Bijapur awarding compensation of Rs. 7,50,000/- with Interest @ 8%PA to the claimants.2. The award in MVC 1/2002 is passed in a claim petition preferred by the parents, brothers and sisters of one Manoj Kumar, who died in a motor vehicle accident on 08-11-2001 involving car bearing registration No. PB-08 / and-6219 and truck bearing registration No. HR-38 / D-3719. The accident is said to have occurred on Bombay-Pune Highway near Nalgaon Village, within the territorial jurisdiction of Wadagaon-Moval Police Station.3. The factual matrix manifest from the records reveals:That Manoj Kumar, a bachelor, employed as Sales Executive in M/s Aries Agro Vet Industries Limited, while on official duty was returning from Bombay in a car bearing registrati...
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