Court : Karnataka
Decided on : Mar-30-2001
Reported in : 2001(3)KarLJ467
1. The controversies, contentions and claims raised in these writ appeals and connected writ petitions/appeals centres around three service cadres of Sri Jayadeva Institute of Cardiology (in short the 'Institute'). These cadres are of (i) Assistant Surgeons, (ii) Lecturers, and (iii) Assistant Professors. The first two cadres are said to be carrying the same pay-scale but the first consists of non-teaching posts whereas the second consists of teaching posts. The third cadre of Assistant Professor consists of teaching posts. It is immediately higher to the cadre of Lecturers. Till the amendment of the C and R, Rules by the resolution dated 21-3-1994 passed by the Governing Council of the Institute, the post'of Assistant Professor was to be filled by 'selection by promotion' from amongst the Lecturers. Such a promotional avenue was not available to Assistant Surgeons.2. It was because of the above reasons, that various maneuverings were adopted by some of the Assistant Surgeons in order ...
Tag this Judgment!Court : Karnataka
Decided on : Jun-07-2001
Reported in : AIR2002Kant1; ILR2002KAR2377
ORDERMohamed Anwar, J. 1. All these three civil revisions are filed by the eight plaintiffs in O.S. No. 14/1997 pending on the file of the Court of the III Addl. Civil Judge (Jr. Dn.), Gadag, and the common respondents herein are the defendants in that suit. They are filed against the respective orders of the lower appellate Court by which the plaintiffs' I.A. No. 1 under Order 39, Rules 1 and 2, CPC came to be dismissed and the trial Court's order allowing defendant No. 1's I.A. No. 9 under Order 39, Rules 1 and 2, CPC stands affirmed. 2. The said O.S. No. 14/1997 of the petitioners-plaintiffs was instituted in the trial Court on 6-1-1997 against respondents (hereinafter referred to as 'the defendants') for the following main reliefs : '(20) It is Most Humbly Prayed and Submitted that : (a) Plaintiffs be declared as hereditary Pricharika and Parupatyagar of Veeranarayan and other temples in the vicinityalong with Defendant No. 2. (b) The notice of termination dated 13-10-1995 and th...
Tag this Judgment!Court : Karnataka
Decided on : Sep-07-2001
Reported in : 2001(5)KarLJ604
ORDERR. Gururajan, J. 1. Petitioner in this petition is seeking for the following reliefs on thefollowing facts:'Wherefore, it is most respectfully prayed that this Hon'ble Court be pleased to issue a writ of certiorari or any other appropriate writ, order or direction:(a) Quashing the term/condition relating to the requirement of 3 years market standing in respect of drugs sought to be purchased and sought to be offered for purchase in the tender notification dated 19-2-2001 in No. GNS(1)/2/1999-2000(RC 1/2000-2003) issued by respondent 2 and also the condition requiring certain items to be in Alu-Alu Blister found in the corrigendum in Annexure-B issued by respondent 2 and further directing the respondents to consider the tender to be submitted by the petitioner without insisting upon the aforesaid two conditions, and(b) Allow this writ petition with costs and grant such other reliefs as this Court may deem fit to grant in the circumstances of the case'.2. Petitioner is a drug manufa...
Tag this Judgment!Court : Karnataka
Decided on : Jan-23-2001
Reported in : [2001(91)FLR511]; ILR2001KAR4116; 2001(4)KarLJ360; (2001)IILLJ965Kant
1. This appeal is directed against the order of the Employees' State Insurance Court in Employees' State Insurance Application No. 106 of 1990 disposed of on 6-5-1998.2. In brief the facts that led to the filing of this appeal are as under:The applicant is Mysore Lamp Works Limited which is a State Government undertaking engaged in the manufacturing of electrical lamps employing about 1,500 employees covered under the Employees' State Insurance Act ('the Act' for short). The respondent is the applicant before the Employees' State Insurance Court. The contribution period applicable to the employees of the respondent was from 1-4-1988 to 30-9-1988. It is also an admitted fact that the respondent-Company deducted contributions from the employees for the period 1-4-1988 to 30-6-1988 on the ground that at the relevant point of time they fell under the definition of employee by virtue of drawing less than Rs. 1,600/- per month as wages. The contention of the applicant before the Corporation ...
Tag this Judgment!Court : Karnataka
Decided on : Aug-31-2001
Reported in : 2001(78)ECC326; 2000LC19(Karnataka); ILR2002KAR2175; 2002(4)KarLJ107
ORDERG. Patribasavan Goud, J.1. Alleging evasion of payment of duty under the Central Excise and Salt Act, 1944 ('Act' for short) punishable under Sections 9(1) and 9-AA of the Act, respondent-Assistant Commissioner of Central Excise filed a complaint under Section 200 of the Criminal Procedure Code before the Special Court for Economic Offences, Bangalore on 27-7-1995 against M/s. India Tobacco Company Limited (TTC' for short) as the first accused and Ashok Bhatia, Director of ITC as the second accused. On the same day, the learned Magistrate took cognizance of the offences punishable under Sections 9(1) and 9-AA of the Act and directed issuing of summons to the said two accused. A case was registered at CC No. 1227 of 1995. 2. In the very case CC No. 1227 of 1995 on 31-10-1995, respondent-complainant filed before the said learned Magistrate, what he termed 'supplementary complaint' under Section 200 of the Criminal Procedure Code alleging commission of the very offences punishable un...
Tag this Judgment!Court : Karnataka
Decided on : Oct-19-2001
Reported in : I(2002)ACC557; II(2002)ACC510; 2002ACJ557
V.G. Sabhahit, J.1. M.F.A. No. 5566 of 1999, M.F.A. No. 690 of 2000 and Cross-objection No. 23 of 2000 arise out of the judgment and award passed by the Motor Accidents Claims Tribunal, Madhugiri in M.V.C. No. 177 of 1997 dated 23.10.1999.2. M.F.A. No. 3557 of 1998 arises out of and is directed against the judgment and award passed by Motor Accidents Claims Tribunal, Chickmagalur, in M.V.C. No. 140 of 1994 dated 29.5.1998. The essential facts of the case necessary for the disposal of these appeals are as follows:Facts Re: M.V.C. No. 177 of 19973. The parties would be referred to with reference to their rank before the Tribunal. M.V.C. No. 177 of 1997 was filed by Suma, the daughter of Mariyappa, aged 4 years, minor represented by her natural guardian father seeking compensation of Rs. 10,00,000 towards the personal injury suffered by her in a motor accident that occurred on 13.1.1997. It is averred in the petition that on 13.1.1997 at about 9 a.m. claimant was standing by the side of K...
Tag this Judgment!Court : Karnataka
Decided on : Aug-07-2001
Reported in : 2002(1)KarLJ469
P.V. Reddi, C.J.1. These appeals are filed by a Housing Co-operative Society which was one of the respondents in the writ petitions decided by the learned Single Judge by a judgment dated 6-9-1996. The learned Judge quashed the notification issued under Section 4(1) of the Land Acquisition Act published on 1-12-1988 on the ground that the requirement of Section 3(f)(vi) of the Act has not been fulfilled. The learned Judge observed that the Counsel appearing for the Government did not produce any record to show that there was a scheme submitted by the appellant-Society and the same was approved by the Government.2. Relevant portion of Section 3(f) reads as follows: 'The expression 'public purpose' includes:(vi) the provision of land for carrying out any educational, housing, health or slum clearance scheme sponsored by Government or by any authority established by Government for carrying out any such scheme, or, with the prior approval of the appropriate Government, by a local authority...
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