Court : Karnataka
Decided on : Jun-08-2004
Reported in : AIR2004Kant390; ILR2004KAR3140
ORDERS. Abdul Nazeer, J.1. The petitioner claims to be a member of the Karnataka Rural Homeopathic Medical Practitioners' Association, Gokak, practicing Homeopathic system of Medicine at Hole Alur. According to him, he has vast experience in Homeopathic system of medicine and that he has been taking special care for the poor patients satisfying all their medical needs. It is his further case that the Homeopathic Medical Practitioners in Karnataka and Karnataka Rural Homeopathic Medical Practitioners' Association, Gokak, have been urging the Government of Karnataka to open Registration for the benefit of the un-registered Homeopathic Medical Practitioners, to get themselves registered in accordance with the provisions of the Homoeopathic Medical Practitioners' Act. Though several representations were filed, the State has not heeded to their request. The Registrar of Karnataka Ayurvedic & Unani Practitioners Board, issued a notice as per Annexure-D calling upon the petitioner to appear b...
Tag this Judgment!Court : Karnataka
Decided on : Nov-17-2004
Reported in : ILR2005KAR1557
Nagamohan Das, J.1. The first appellant is aged about 50 years and suffering from chromic renal failure from the year 2003 and she is on dialysis twice in a week. In addition to renal failure, the first appellant is suffering from hypertension diabetes. As per Annexure-'A' dated 15.7.2004, the Doctors advised the first appellant to undergo Kidney Transplantation at the earliest. Further, it is the case of first appellant that her blood group is 'O' positive, whereas the blood group of first appellant's husband, three daughters and two sons are 'B' positive as per Annexure 'B' to 'B5' and do not match with the blood group of first appellant.2. The second appellant is aged about 32 years, married to Mr. Shivananjaiah having a daughter aged about 12 years and a son aged about 10 years. The second appellant is a house-wife and her blood group is 'O' positive. The second appellant through her husband and his relatives are closely known to the family of first appellant. The second appellant ...
Tag this Judgment!Court : Karnataka
Decided on : Feb-09-2004
Reported in : [2005(104)FLR161]; ILR2004KAR4890; 2004(6)KarLJ59; (2005)ILLJ364Kant
ORDERN. Kumar, J.1. The petitioner has challenged in this writ petition the award of the Labour Court dated 3-4-1998 where, on a preliminary point the Labour Court held that the petitioner is not a workman under Section 2(s) of the Industrial Disputes Act, 1947 and consequently passed an award dated 19-6-1998 rejecting his application filed under Section 10(4-A) of the Industrial Disputes Act in which he has challenged the order of termination,2. The case of the petitioner in brief are as under:He was appointed as a Shift Operator (Process) on a salary of Rs. 600-00 per month on 9-2-1976. His appointment was subsequently confirmed on 12-2-1977. Annexure-A is the order of appointment. Annexure-B is the order of confirmation. Petitioner was promoted as Junior Officer (Process) with effect from 1st March, 1982. His salary was raised from Rs. 600-00 to Rs. 1100-00. Annexure-C, dated 9th March, 1982 is the letter evidencing the said fact. He was called upon to enter into a service contract ...
Tag this Judgment!Court : Karnataka
Decided on : Oct-07-2004
Reported in : AIR2005Kant50; ILR2005KAR1278; 2005(1)KarLJ118
N. Kumar, J.1. These appeals are placed before me for my opinion, pursuant to an order dated 13-8-2004 passed by Hon'ble the Chief Justice, consequent to divergence of opinion between the two learned Judges who constituted the Division Bench. As the learned Judges did not state the point upon which they differed, it is necessary for me to ascertain the same before I give my opinion, in view of the decisions rendered by a Full Bench of Allahabad High Court in the case of Shriram Industrial Enterprises Limited v. Union of India and Ors., : AIR1996All135 .2. The facts in brief are as hereunder:The first appellant is the medical college and the second appellant is its Principal. First appellant-institution is established by the people belonging to the Scheduled Caste. The first appellant-college was established in the year 1980 by the trust known as Ananda Social and Educational Trust. First appellant-college was maintained and administered by the Board of Trustees and the Governing Counci...
Tag this Judgment!Court : Karnataka
Decided on : Aug-06-2004
Reported in : AIR2005Kant41; ILR2004KAR4584; 2004(7)KarLJ416
ORDERS. Abdul Nazeer, J.1. Since common questions of law and fact arise for consideration in all these petitions, by consent of the learned Counsel for the parties, they are taken up together for final disposal, even though they are listed for preliminary hearing.2. The petitioners have challenged condition No. 10(b) to appendix - 5 to the National Council for Teacher Education (Form of Application for recognition, the time limit of submission of Application, determination of norms and standards for recognition of teacher education programmes and permission to start new course or training) Regulations 2002, (for short, 'the Regulations') which provides for creation of an endowment fund of Rs. 5, 00, 000/-, to be operated jointly by the authorised representatives of the Management and the concerned Officers of the Regional Committee of the National Council for Teacher Education in case of unaided institutions.3. The petitioners have filed applications before the 1st respondent for grant...
Tag this Judgment!Court : Karnataka
Decided on : Jan-28-2004
Reported in : ILR2004KAR2125; 2004(2)KarLJ460
ORDERN.S. Veerabhadraiah, J.1. This revision is by the defendants questioning the findings recorded on Issues 24, 25, 26, 29 and 30 in the negative in O.S. No. 10 of 2001 on the file of the learned Civil Judge (Senior Division), Honnavar, dated 27-8-2001.2. The brief facts of the case are as follows:The plaintiffs claiming to be the hereditary Archaks from time immemorial and have been performing their duties called 'Poojapali'. This practice has been in vogue since ancient times, consistent with the custom. The plaintiffs' family have been exercising their right continuously, peacefully, openly and reasonably to the knowledge of all without protest or obstruction. This has moral and legal recognition apart from that of the public. This is a religious mandate and a question of right Purohit being a symbolic Sacred Fire is 'the leader' and not the servant as the niruktha and etimological interpretation and origin go. His duty is to secure the individual devotees 'Adhi Bhautika', 'Adhi D...
Tag this Judgment!Court : Karnataka
Decided on : Oct-15-2004
Reported in : AIR2005Kant74; ILR2004KAR5078; 2005(1)KarLJ60
ORDERK.L. Manjunath, J.1. The first petitioner is suffering from chronic renal failure. The Doctor advised her to go for a kidney transplantation. According to her, her close relatives are not in a position to donate their kidney due to non-matching of their blood group with her blood group.2. Petitioner No.l is a permanent resident of Holalu village of Hadagalli Taluk, Bellary District. According to the first petitioner, the 2nd petitioner is known to her and out of love and affection, the second petitioner voluntarily offered to donate kidney to the first petitioner. The petitioners appeared before the Committee and their depositions were recorded by the committee.3. The second respondent-Committee by its order dated 17.8.2004 as per Annexure-D to the Writ Petition has rejected the request of the petitioners. The Committee has come to the conclusion that the offer made by the second petitioner to donate the kidney as not out of love and affection. Being aggrieved by the order passed ...
Tag this Judgment!Court : Karnataka
Decided on : Jun-08-2004
Reported in : AIR2004Kant439; ILR2004KAR3390; 2004(7)KarLJ289
ORDERD.V. Shylendra Kumar, J.1. This Writ Petition is presented against the Life Insurance Corporation of India challenging the action on the part of the respondent Corporation in repudiating the contract between one Appasaheb M Gayakwad who died on 28.8.1998 and the Corporation in respect of the Life Insurance Policy No. 632317283 which the said person had taken out during his life time for a sum of Rs. 5,00,000/-.2. Petitioner is the brother of the insured and also a person who is nominated in the policy. It appears that the wife and children of the deceased were nominated initially and later the nomination had been changed in favour of the petitioner, the brother of the deceased and to the exclusion of the wife and children.3. As per the directions of this Court on 22.2.2002 the wife and children were added as petitioners 2 to 5 to this petition. Petitioners are aggrieved by the repudiation of the contract and non-settlement of the amount due under the policy and have questioned the...
Tag this Judgment!Court : Karnataka
Decided on : Apr-08-2004
Reported in : ILR2004KAR3463; 2004(5)KarLJ161
S.R. Nayak, J.1. The appellant, namely, Jindal Thermal Power Company Limited is a Company incorporated under the provisions of the Companies Act, 1956 engaged in the generation and supply of power in the State of Karnataka. Karnataka Power Transmission Corporation Limited, for short, The 'KPTCL', the first respondent herein, is a Company established under the provisions of the Companies Act, 1956 pursuant to the enactment of the Karnataka Electricity Reforms Act, 1999, for short, 'the Act' whereunder the Karnataka Electricity Board, the KEB, for short, was trifurcated into three Companies. Respondent No. 2 is Government of Karnataka (GOK).2. Pursuant to the Notifications and the subsequent clarifications issued by the Government of India in March 1992 setting out the norms for determining the tariff payable to the generating Companies, by an order dated 7th March, 1994, approval was granted by GOK to the appellant for setting up a power project of 300 MW and selling power directly to i...
Tag this Judgment!Court : Karnataka
Decided on : Feb-04-2004
Reported in : ILR2004KAR3892; 2004(3)KarLJ505
ORDERN. Kumar, J. 1. In these writ petitions important questions of law as regards the power of the Lokayukta and the Upalokayukta to investigate complaints under the provisions of the Karnataka Lokayukta Act, 1984, the procedure to be followed in such investigations, the effect of the report submitted by the Lokayukta and the consequences that flow from the declarations made under the Act arise for consideration, in addition to the question whether the Lokayukta or Upalokayukta has jurisdiction to investigate a complaint against a Vice-Chancellor of a University.2. The petitioner in W.P. Nos. 25339 and 25340 of 2003 is one Professor S.N. Hegde, Vice-Chancellor, University of Mysore. His case in brief is as under.--The petitioner was appointed as the Vice-Chancellor in September 1997 initially for a period of three years which was further extended for a period of three years in September 2000. His term was to expire in September 2003. He had put in more than 40 years of service in teac...
Tag this Judgment!