Court : Karnataka
..... subsequent to gursewak singh s case referred to supra held that the employees of nagar nigam kanpur were 5 (2019) 6 scc103w.p.no.46017/2017 c/w w.p.no.46019/2017, w.p.no.46105/2017 w.p.no.46106/2017, w.p.no.46107/2017 w.p.no.46108/2017 14 entitled to gratuity despite ccs (pension) rules provided for them for payment of pension and gratuity in view of the fact that the central government by notification dated 08.01.1982 specified that the local bodies where ten or more persons are employed, the act shall apply. ..... these writ petitions having been heard and reserved for orders on13h april2022 coming on for pronouncement of order this day, the court made the following: order the above petitions are filed seeking quashing of the orders of the controlling authority/appellate authority under the payment of gratuity act, 1972 ( the act for short) awarding gratuity amount claimed by respondent no.1 with interest at 10% per annum. ..... circle bannerghatta road bengaluru 560 029 respondents (by sri d.s.shivananda, aga for r2 & r3; r1(a) to r1(d) served) this writ petition is filed under articles226and227of constitution of india praying to quash and set aside the order dated1612.2014 (annexure-c) passed by the assistant labour commissioner and gratuity controlling authority, mysore and quash and set aside the order dated0601.2016 (annexure d) passed by the w.p.no.46017/2017 c/w w.p.no.46019/2017, w.p.no.46105/2017 w.p.no.46106/2017, w.p.no.46107/2017 w.p.no.46108/2017 7 deputy labour .....
Tag this Judgment!Court : Karnataka
..... it is relevant to state at this stage, the pecuniary advantage from whatever source must correlate to injury or death arising out of motor vehicle accident and does not apply to the amounts or advantages accruing to the claimant as a result of some contract or act which deceased performed in his lifetime like on account of insurance, bank deposits, shares, debentures, pensionary benefits, gratuity or grant of employment to a kin of deceased cannot be said to be outcome or result of death of deceased in a motor vehicle accident. ..... of the claimant, either to the claims tribunal having jurisdiction over the area in which the accident occurred, or to the claims tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and contain such particulars as may be prescribed: provided that where no claim for compensation under section 140 is made in such application, the application shall ..... case held that the amounts received by the heirs by way of provident fund, pension and insurance cannot be termed as pecuniary advantage liable for deduction. ..... admittedly, a careful perusal of ex.p.21 - covering letter, ex.p.22- authorization letter and ex.p.23-letter of appointment of the deceased clearly depicts the insurance with tata consultancy services which was a premium for group life insurance scheme borne by tcs known as policy on group life insurance(gli) on .....
Tag this Judgment!Court : Karnataka
..... he would further contend that in the test identification parade (tip) of about 32 to 35 persons which was conducted on 17.11.2012 out of whom, seven persons were identified by p.w.28 who were at serial nos.4, 8, 12, 16, 20, 24 and 29 but when it was the turn of tip of p.w.1, who is the alleged eye witness, the authority who conducted the tip had not followed the procedure of changing the arrangement of the accused in the line of tip. ..... has viewed the barbaric gang rape by the accused and thereby it has made them to leave a clue of their barbaric act i.e, a kerchief - m.o.17 (left on the spot), one of important piece of evidence, where seminal stains of the accused and victim s found on it helped in proving that the accused persons were involved in the gang rape which is the law of nature and that is why law is called as the king of kings and nobody can escape from the justice as m.o.17 ..... as there was a fiduciary relationship between the accused and the prosecutrix being in their custody and they were trustees, it became a case where the fence itself eats the crop and in such a case the provisions of section 114-a of the evidence act, 1872 (hereinafter referred to as the evidence act ) (which came into effect from 25-12- 1983) are ..... view of the above, we are of the considered opinion that it is a fit case where the provisions of section 114-a of the evidence act are attracted and no attempt had ever been made by any of the appellants or other accused to rebut the presumption. .....
Tag this Judgment!Court : Karnataka
..... he would further contend that in the test identification parade (tip) of about 32 to 35 persons which was conducted on 17.11.2012 out of whom, seven persons were identified by p.w.28 who were at serial nos.4, 8, 12, 16, 20, 24 and 29 but when it was the turn of tip of p.w.1, who is the alleged eye witness, the authority who conducted the tip had not followed the procedure of changing the arrangement of the accused in the line of tip. ..... has viewed the barbaric gang rape by the accused and thereby it has made them to leave a clue of their barbaric act i.e, a kerchief - m.o.17 (left on the spot), one of important piece of evidence, where seminal stains of the accused and victim s found on it helped in proving that the accused persons were involved in the gang rape which is the law of nature and that is why law is called as the king of kings and nobody can escape from the justice as m.o.17 ..... as there was a fiduciary relationship between the accused and the prosecutrix being in their custody and they were trustees, it became a case where the fence itself eats the crop and in such a case the provisions of section 114-a of the evidence act, 1872 (hereinafter referred to as the evidence act ) (which came into effect from 25-12- 1983) are ..... view of the above, we are of the considered opinion that it is a fit case where the provisions of section 114-a of the evidence act are attracted and no attempt had ever been made by any of the appellants or other accused to rebut the presumption. .....
Tag this Judgment!Court : Karnataka
..... he would further contend that in the test identification parade (tip) of about 32 to 35 persons which was conducted on 17.11.2012 out of whom, seven persons were identified by p.w.28 who were at serial nos.4, 8, 12, 16, 20, 24 and 29 but when it was the turn of tip of p.w.1, who is the alleged eye witness, the authority who conducted the tip had not followed the procedure of changing the arrangement of the accused in the line of tip. ..... has viewed the barbaric gang rape by the accused and thereby it has made them to leave a clue of their barbaric act i.e, a kerchief - m.o.17 (left on the spot), one of important piece of evidence, where seminal stains of the accused and victim s found on it helped in proving that the accused persons were involved in the gang rape which is the law of nature and that is why law is called as the king of kings and nobody can escape from the justice as m.o.17 ..... as there was a fiduciary relationship between the accused and the prosecutrix being in their custody and they were trustees, it became a case where the fence itself eats the crop and in such a case the provisions of section 114-a of the evidence act, 1872 (hereinafter referred to as the evidence act ) (which came into effect from 25-12- 1983) are ..... view of the above, we are of the considered opinion that it is a fit case where the provisions of section 114-a of the evidence act are attracted and no attempt had ever been made by any of the appellants or other accused to rebut the presumption. .....
Tag this Judgment!Court : Karnataka
..... ) to make such regulations as may, from time to time, be considered necessary for regulating the affairs and the management of the school and to alter, modify and to rescind them; (xxxiv) to constitute for the benefit of the academic, technical, administrative and other staff, in such manner and subject to such conditions as may be prescribed by the regulations, such as pension, insurance, provident fund and gratuity as it may deem fit and to make such grants as it may think fit for the benefit of any employees of the ..... in light of the aforesaid questions that arise, it is necessary to answer the same in the context of the main objects and purposes of the act and secondly, in whom or which authority the administration, functioning and the management of the respondent/law school vests and whether, the state, by virtue of the impugned amendment could have mandated the respondent/law school to reserve 25% of the seats for the students of karnataka by way of horizontal reservation.88. ..... the concession given to the residents of the state (state of madhya bharath) in the matter of fees was obviously calculated to serve the interest of students who were residents of madhya bharat to serve the state or need of the locality after passing out -:208. .....
Tag this Judgment!Court : Karnataka
..... ) to make such regulations as may, from time to time, be considered necessary for regulating the affairs and the management of the school and to alter, modify and to rescind them; (xxxiv) to constitute for the benefit of the academic, technical, administrative and other staff, in such manner and subject to such conditions as may be prescribed by the regulations, such as pension, insurance, provident fund and gratuity as it may deem fit and to make such grants as it may think fit for the benefit of any employees of the ..... in light of the aforesaid questions that arise, it is necessary to answer the same in the context of the main objects and purposes of the act and secondly, in whom or which authority the administration, functioning and the management of the respondent/law school vests and whether, the state, by virtue of the impugned amendment could have mandated the respondent/law school to reserve 25% of the seats for the students of karnataka by way of horizontal reservation.88. ..... the concession given to the residents of the state (state of madhya bharath) in the matter of fees was obviously calculated to serve the interest of students who were residents of madhya bharat to serve the state or need of the locality after passing out -:208. .....
Tag this Judgment!Court : Karnataka
..... ) to make such regulations as may, from time to time, be considered necessary for regulating the affairs and the management of the school and to alter, modify and to rescind them; (xxxiv) to constitute for the benefit of the academic, technical, administrative and other staff, in such manner and subject to such conditions as may be prescribed by the regulations, such as pension, insurance, provident fund and gratuity as it may deem fit and to make such grants as it may think fit for the benefit of any employees of the ..... in light of the aforesaid questions that arise, it is necessary to answer the same in the context of the main objects and purposes of the act and secondly, in whom or which authority the administration, functioning and the management of the respondent/law school vests and whether, the state, by virtue of the impugned amendment could have mandated the respondent/law school to reserve 25% of the seats for the students of karnataka by way of horizontal reservation.88. ..... the concession given to the residents of the state (state of madhya bharath) in the matter of fees was obviously calculated to serve the interest of students who were residents of madhya bharat to serve the state or need of the locality after passing out -:208. .....
Tag this Judgment!Court : Karnataka Dharwad
..... corporations or boards, by notification, from time to time, specify; (f) member of a committee or board, statutory or non-statutory, constituted by the government; and (g) a person in the service of pay of,- (i) a local authority in the state of karnataka; (ii) a statutory body or a corporation (not being a local authority) established by or under a state or central act, owned or controlled by the state government and any other board or corporation as the state government may, having regard to its financial interest therein by notification, from time to time, specify; (iii ..... at any time,- (a) the chief minister; (b) a minister; (c) a member of the state legislature; (d) a government servant; (e) the chairman and vice-chairman (by whatever name called) or a member of a local authority in the state of karnataka or a statutory body or corporation 30 established by or under any law of the state legislature, including a co-operative society, or a government company within the meaning of section 617 of the companies act, 1956 and such other corporations or boards as the state government may, having regard to its financial interest in such ..... (d) action taken in respect of appointments, removals, pay, discipline, superannuation or other matters relating to conditions of service of public servants but not including action relating to claims for pension, gratuity, provident fund or to any claims which arise on retirement, removal or termination of service.16. .....
Tag this Judgment!Court : Karnataka Dharwad
..... corporations or boards, by notification, from time to time, specify; (f) member of a committee or board, statutory or non-statutory, constituted by the government; and (g) a person in the service of pay of,- (i) a local authority in the state of karnataka; (ii) a statutory body or a corporation (not being a local authority) established by or under a state or central act, owned or controlled by the state government and any other board or corporation as the state government may, having regard to its financial interest therein by notification, from time to time, specify; (iii ..... at any time,- (a) the chief minister; (b) a minister; (c) a member of the state legislature; (d) a government servant; (e) the chairman and vice-chairman (by whatever name called) or a member of a local authority in the state of karnataka or a statutory body or corporation 30 established by or under any law of the state legislature, including a co-operative society, or a government company within the meaning of section 617 of the companies act, 1956 and such other corporations or boards as the state government may, having regard to its financial interest in such ..... (d) action taken in respect of appointments, removals, pay, discipline, superannuation or other matters relating to conditions of service of public servants but not including action relating to claims for pension, gratuity, provident fund or to any claims which arise on retirement, removal or termination of service.16. .....
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