Court : Karnataka
- 1 - WP No.11158/2013 C/W W.P.Nos.43928/2012, 11966/2013 23287/2013, 62434/2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU R DATED THIS THE22D DAY OF MAY, 2023 BEFORE THE HON'BLE MR JUSTICE KRISHNA S DIXIT W.P. No.11158/2013(LR) C/W W.P.Nos.43928/2012, 11966/2013, 23287/2013, 62434/2016(LR) IN W.P.No.11158/2013: BETWEEN:1. SRI. CLARENCE PAIS, AGED ABOUT84YEARS, S/O LATE L C PAIS, ADVOCATE & NOTARY, RESIDING AT LIGHT HOUSE HILL, MANGALOREF-575 001. DAKSHINA KANNADA DISTRICT.2. THE DIOCESE OF MANGALORE, REPRESENTED BY LORD BISHOP, REV DR. ALOYSIUS P D SOUZA, AGED ABOUT71YEARS, SON OF LATE MATHIAS D SOUZA, RESIDING AT BISHOPS HOUSE, KODIALBAIL, MANGALORE-575 003. DAKSHINA KANNADA DISTTRICT.3. SRIMAD ANANTHESHWARA TEMPLE, MANJESHWAR KERALA STATE, REPRESENTED BY ITS TRUSTEE, K GOKULDAS BHAT, AGED ABOUT70YEARS, SON OF LATE A V P BHAT, RESIDING AT "VARALAXMI" - 2 - WP No.11158/2013 C/W W.P.Nos.43928/2012, 11966/2013 23287/2013, 62434/2016 NEAR S V TEMPLE, KATAPADI574105. UDUPI DISTRICT.4. R...
Tag this Judgment!Court : Kerala
P.R. Ramachandra Menon, J. Dismissal of the Insurance cases filed by the appellants/educational institutions before the Employees Insurance Court under Section 75 r/w Sec. 77 of the Employees Insurance Act (for short Act ) for a declaration that their Institutions are not liable to be covered under the Act; that no contribution is liable to be paid by them under any circumstance; that Teachers are not liable to be considered as employees as defined under Section 2(9) of the Act and thus seeking to set aside the notice/proceedings issued by the authorities of the ESI Corporation, is the subject matter of challenge in all these cases preferred under Section 82 of the Act. In some of the cases, violation of Article 30(1) of the Constitution of India, for intruding into the minority status/rights is also projected as a ground for interference. 2. One of the main contentions raised in these appeals is as to the incompetency on the part of the authorities concerned to proceed with further st...
Tag this Judgment!Court : Karnataka
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE13H DAY OF APRIL, 2020 PRESENT THE HONBLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HONBLE MR.JUSTICE MOHAMMAD NAWAZ WRIT APPEAL NOS. 1611/2019 & 2282-2365/2019 C/W WRIT APPEAL NOS. 1272/2019, 1481-1519/2019 & 2761-2769/2019, 1520/2019, 1540-1566/2019, 1567-1601/2019, 1602-1604/2019, 1612-1618/2019, 1619/2019 & 2744/2019, 1620/2019, 1621/2019, 1623-1628/2019, 1629-1653/2019, 1679-1680/2019, 1681-1682/2019, 1704/2019,1765-1792/2019, 1794-1825/2019, 1846/2019, 1872-2214/2019, 2266-2267/2019, 2272/2019 & 2918-2972/2019, 2280-2281/2019, 2465/2019 & 2928-2937/2019, 2466/2019, 2467/2019, 2468/2019, 2546/2019, 2547/2019, 2656-2659/2019, 2667/2019, 2683/2019, 2745/2019, 2778/2019 & 2913-2915/2019, 2779/2019 & 2898-2900/2019, 2814/2019, 2823-2831/2019, 2909/2019, 2910/2019 and 2911/2019 (L-MW) WRIT APPEAL NOS.1611/2019 & 2282-2365/2019 IN W.A. NOS. 1611/2019 & 2282-2354/2019 BETWEEN1 PRIVATE HOSPITAL & NURSING HOMES ASSOCIATION PHANA, KMC2 ...
Tag this Judgment!Court : Karnataka
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE13H DAY OF APRIL, 2020 PRESENT THE HONBLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HONBLE MR.JUSTICE MOHAMMAD NAWAZ WRIT APPEAL NOS. 1611/2019 & 2282-2365/2019 C/W WRIT APPEAL NOS. 1272/2019, 1481-1519/2019 & 2761-2769/2019, 1520/2019, 1540-1566/2019, 1567-1601/2019, 1602-1604/2019, 1612-1618/2019, 1619/2019 & 2744/2019, 1620/2019, 1621/2019, 1623-1628/2019, 1629-1653/2019, 1679-1680/2019, 1681-1682/2019, 1704/2019,1765-1792/2019, 1794-1825/2019, 1846/2019, 1872-2214/2019, 2266-2267/2019, 2272/2019 & 2918-2972/2019, 2280-2281/2019, 2465/2019 & 2928-2937/2019, 2466/2019, 2467/2019, 2468/2019, 2546/2019, 2547/2019, 2656-2659/2019, 2667/2019, 2683/2019, 2745/2019, 2778/2019 & 2913-2915/2019, 2779/2019 & 2898-2900/2019, 2814/2019, 2823-2831/2019, 2909/2019, 2910/2019 and 2911/2019 (L-MW) WRIT APPEAL NOS.1611/2019 & 2282-2365/2019 IN W.A. NOS. 1611/2019 & 2282-2354/2019 BETWEEN1 PRIVATE HOSPITAL & NURSING HOMES ASSOCIATION PHANA, KMC2 ...
Tag this Judgment!Court : Karnataka
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE13H DAY OF APRIL, 2020 PRESENT THE HONBLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HONBLE MR.JUSTICE MOHAMMAD NAWAZ WRIT APPEAL NOS. 1611/2019 & 2282-2365/2019 C/W WRIT APPEAL NOS. 1272/2019, 1481-1519/2019 & 2761-2769/2019, 1520/2019, 1540-1566/2019, 1567-1601/2019, 1602-1604/2019, 1612-1618/2019, 1619/2019 & 2744/2019, 1620/2019, 1621/2019, 1623-1628/2019, 1629-1653/2019, 1679-1680/2019, 1681-1682/2019, 1704/2019,1765-1792/2019, 1794-1825/2019, 1846/2019, 1872-2214/2019, 2266-2267/2019, 2272/2019 & 2918-2972/2019, 2280-2281/2019, 2465/2019 & 2928-2937/2019, 2466/2019, 2467/2019, 2468/2019, 2546/2019, 2547/2019, 2656-2659/2019, 2667/2019, 2683/2019, 2745/2019, 2778/2019 & 2913-2915/2019, 2779/2019 & 2898-2900/2019, 2814/2019, 2823-2831/2019, 2909/2019, 2910/2019 and 2911/2019 (L-MW) WRIT APPEAL NOS.1611/2019 & 2282-2365/2019 IN W.A. NOS. 1611/2019 & 2282-2354/2019 BETWEEN1 PRIVATE HOSPITAL & NURSING HOMES ASSOCIATION PHANA, KMC2 ...
Tag this Judgment!Court : Karnataka
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE13H DAY OF APRIL, 2020 PRESENT THE HONBLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HONBLE MR.JUSTICE MOHAMMAD NAWAZ WRIT APPEAL NOS. 1611/2019 & 2282-2365/2019 C/W WRIT APPEAL NOS. 1272/2019, 1481-1519/2019 & 2761-2769/2019, 1520/2019, 1540-1566/2019, 1567-1601/2019, 1602-1604/2019, 1612-1618/2019, 1619/2019 & 2744/2019, 1620/2019, 1621/2019, 1623-1628/2019, 1629-1653/2019, 1679-1680/2019, 1681-1682/2019, 1704/2019,1765-1792/2019, 1794-1825/2019, 1846/2019, 1872-2214/2019, 2266-2267/2019, 2272/2019 & 2918-2972/2019, 2280-2281/2019, 2465/2019 & 2928-2937/2019, 2466/2019, 2467/2019, 2468/2019, 2546/2019, 2547/2019, 2656-2659/2019, 2667/2019, 2683/2019, 2745/2019, 2778/2019 & 2913-2915/2019, 2779/2019 & 2898-2900/2019, 2814/2019, 2823-2831/2019, 2909/2019, 2910/2019 and 2911/2019 (L-MW) WRIT APPEAL NOS.1611/2019 & 2282-2365/2019 IN W.A. NOS. 1611/2019 & 2282-2354/2019 BETWEEN1 PRIVATE HOSPITAL & NURSING HOMES ASSOCIATION PHANA, KMC2 ...
Tag this Judgment!Court : Chennai
Reported in : (1960)2MLJ475
Anantanarayanan, J.1. This revision proceeding raises an interesting point under Section 4-B of Act XXV of 1955 as amended by Act XIV of 1956. The facts are very simple. The revision petitioner is a lessee for a period of one year in respect of a cashewrmt jjlantation. The landlord refused to execute a lease-deed as required by Section 4-B of Act XXV of 1955, though the revision petitioner was admittedly not in arrears, and has actually deposited the advance amount due. The case of the landlord was not that the revision petitioner was in arrears and was therefore liable to be evicted, but that the revision petitioner was not a ' tenant' as defined under the Act, because the land was not taken on lease for the use of the land for the purpose of agriculture or horticulture as defined in Section 2 (b). The argument here is that the revision petitioner took the land on lease for enjoyment of the usufruct in respect of the cashewnut plantation, and that this would not bring him within the d...
Tag this Judgment!Court : Kolkata
Reported in : (1996)2CALLT183(HC),100CWN900
Satyabrata Sinha, J.1. These Appeals principally raising the question of constitutionality of West Bengal Land beforms (Amendment) Act, 1981 (hereinafter referred to as 1991 Amendment Act) and West Bengal Land beforms (Amendment) Act, 1986 (hereinafter referred to as the 1986 Amendment) Act were heard together and are being disposed of by this common judgment.2. In the main matter namely Appeal from Order No. 400/92 arising out of Matter No. 1367/87 (Paschimbanga Bhumijibi Krishak Samiti and Ors. v. State of West Bengal and Ors.) two applications for amendment have been filed questioning the Constitutional First Amendment Act, 1951 in so far as it purported to insert Article 31B; Sections 6,7,8 and 2 of the Constitution (44th) Amendment Act, 1978 the Constitution (66th) Amendment Act, 1991 in so far as 9th Schedule of the Constitution was amended by inserting West Bengal Act No. 1980 Item No. 251 therein and the Constitution (78th) Amendment Act, 1995 in so far as the West Bengal Land ...
Tag this Judgment!Court : US Supreme Court
Wickard v. Filburn - 317 U.S. 111 (1942) U.S. Supreme Court Wickard v. Filburn, 317 U.S. 111 (1942) Wickard v. Filburn No. 59 Argued May 4, 1942 Reargued October 13, 1942 Decided November 9, 1942 317 U.S. 111 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO Syllabus 1. Pending a referendum vote of farmers upon wheat quotas proclaimed by the Secretary of Agriculture under the Agricultural Adjustment Act of 1938, the Secretary made a radio address in which he advocated approval of the quotas and called attention to the recent enactment by Congress of the amendatory act, later approved Page 317 U. S. 112 May 26, 1941. The speech mentioned the provisions of the amendment for increase of loans on wheat, but not the fact that it also increased the penalty on excess production, and added that, because of the uncertain world situation, extra acreages of wheat had been deliberately planted, and "farmers should not be penalized because they hav...
Tag this Judgment!Court : Mumbai
Reported in : (2005)ILLJ914Bom; 2004(4)MhLj833
S.T. Kharche, J.1. By invoking the writ jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, this petition is directed against the order dated 28-6-1991 passed by the appellate authority, i.e. the Industrial Court in Appeal (PGA No. 11/1984), whereby the order passed by the Labour Court rejecting the application of the petitioners seeking relief of payment of gratuity was rejected on 20-10-1984.2. The relevant facts are as under:One Trimbakrao was employed in the firm, named and styled as, 'M/s Kanayalal Madanlal Factory, Deptt.' as a clerk in the year 1952 and was required to carry out all types of clerical work. Trimbakrao died on 14-10-1982. The petitioner No. 1 is son and petitioner No, 2 is his widow and they had filed the proceedings i.e. the payment of gratuity Case No. 23/83 before the controlling authority i.e. the Labour Court claiming payment of gratuity as per the provisions of the Payment of Gratuity Act, 1972 (for short, the Gratuity Act). T...
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