Court : Karnataka
Reported in : [1998]94CompCas784(Kar)
..... per share while directing the transfer of shares to the employees. the decision relates to the legislative intent of the sick industrial companies (special provisions) act, 1985, and the scheme was framed in exercise of jurisdiction under article 142 of the constitution. the facts, circumstances and the questions involved in that ..... . there is no alteration in the conditions of service of the employees nor any threat to their employment on account of such disinvestment. the act of disinvestment does not affect the interests of the employees nor does it have the effect of adversely affecting the conditions of service at present ..... . shares were not offered togeneral public or employees]. shares are offered to companies, banks, institutions, mutualfunds, brokers, or any other legal entities or persons acting individually orjointly, who are permitted to buy shares in india (including foreigninstitutional investors permitted by the sebi). the range of purchasers isbroad-based. (c) shares .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1998Kant215; ILR1998KAR2081; 1998(3)KarLJ19
..... of the entire thing and of course the paradoxical consequence of allowing a defaulter to exercise his or its right to vote despite denial by the act. the act says the defaulter shall not vote. can the government say i exempt you from the operation of that injunction and, therefore, you can vote? ..... 'to bring about better living better business and better methods of production'. the objectives are clear; the guidelines are there. there are numerous provisions of the act dealing with registration of societies, rights and liabilities of members, duties of registered societies, privileges of registered societies, property and funds of registered societies, inquiry ..... court in vyavasaya seva sahakara sangha niyamitha, bonnaikanahalli v state of karnataka, has held that.-'in clear, unambiguous and emphatic terms section 29d of the act expressly prohibits a person to be eligible for election or appointment or to continue as president, vice-president, managing director, treasurer or secretary of a .....
Tag this Judgment!Court : Karnataka
Reported in : 1998CriLJ3675
..... had been going on for long enough and which had worked on the mind of accused no. 1 to such an extent that it virtually drove him to the desperate act of eliminating the deceased. we have earlier indicated that accused no. 2 was similarly aggrieved because the deceased had deserted or rather discarded his wife who incidentally happens to be ..... next morning and was told that a dead body was found in the smashana. she went there and identified the deceased. the accused were apprehended on 16-2-92 near bal bhavan of banni mantap. on interrogation of the first accused, he is alleged to have produced the blade which, according to the prosecution was used in the commission of the .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(1)KarLJ603
..... the subsidiary, china light and power company as bribe, kickbacks, commission, etc., during the years 1994-95 and 1995-96 in violation of prevention of corruption act, the indian penal code and fera for the following reasons:(a) bribes/kickbacks are considered a part of development cost internationally. (b) in foreign accounting practices, ..... for development costs are stated to have not been properly explained. according to the petitioner a case of offences within the meaning of prevention of corruption act and other penal laws is established which require further probe, enquiry and investigation.32. we have heard petitioners and their counsel. we have also heard ..... following directions:--(1) that respondent-state (respondent 1) is directed to get a fir registered with the cbi under the provisions of delhi special police establishment act for various cognizable offences without naming any person or group of persons as accused. (2) upon registration of the fir, the director-general of the cbi .....
Tag this Judgment!Court : Karnataka
Reported in : 1998(5)KarLJ679
..... .b. kulkarni, learned additional civil judge, chikodi, allowing the present opposite party respondent's application under section 18(3)(b) of the land acquisition act as amended by karnataka act 68 of 1984.3. the learned government pleader for the revisionist contended that the reference order directing the respondent to refer the application under section 18(1 ..... application is barred by time or not, it will be very appropriate to refer to the material section and in particular to section 18 of the land acquisition act.'section 18. reference to court.-(1) any person interested who has not accepted the award may, by written application to the collector, require that matter be referred ..... would have been three years period within which he could move the application under section 18(3)(b) vide article 137 of the schedule to the limitation act that prescribed three years period from the date the right to make application accrues. so this right accrued on 3-1-1974 and the period of limitation .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(1)KarLJ252
..... and orders made thereunder; and all the provisions of the code and the rules and orders relating to unalienated land or ryotwari land shall, subject to the provisions of this act, apply to the said land: (2).... (3).... (4).... (5).... (6) notwithstanding anything contained in any law for the time being in force, any agreement for ..... 24-8-1993 division bench dismissed the said writ application holding that petitioners having not availed the opportunity under section 118(1-a) of the land reforms act which was available to them at the relevant time cannot question the correctness of the order in writ proceedings. annexure-r5 is the copy of the order ..... question the legality and the correctness of the said order.7. sri balakrishna shastry, learned counsel for the petitioners contended that no application under section 7 of the act would lie when once there is regrant, therefore the order impugned being made without jurisdiction is not, in law sustainable. in support of his arguments, he relied .....
Tag this Judgment!Court : Karnataka
Reported in : 1998(6)KarLJ511; (1999)ILLJ89Kant
..... of market committees in government service. section 59(3) upon which much reliance has been placed reads:'notwithstanding anything contained in the industrial disputes act, 1947 (central act 14 of 1947), or in any other law for the time being in force or in any contract the transfer of the services of any ..... matters relating to the persons involved in the industry. the state act, as noted earlier, has been enacted only for the purpose of providing for the better regulation of marketing of agricultural produce and the establishment and ..... supply and distribution of the products of any industry; foodstuffs including edible oilseeds and oils; cattle fodder; raw cotton and raw jute. the central act has been enactedmainly to ensure speedier resolution of industrial disputes by removing procedural delays by making provision for the investigation and settlement of industrial disputes and other .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR3620; 1998(6)KarLJ667; (1999)IILLJ552Kant
..... a latest decision of the supreme court in air india statutory corporation v united labour union and others, it was held:'(c) contract labour (regulation and abolition) act (37 of 1970), section 2(1)(a) -- appropriate government -- corporation, instrumentality or agency -- if under control of an appropriate government -- principles for determination ..... to declare the office bearers and eight executive committee members including the 2nd respondent as 'protected workmen' under section 33 of the industrial disputes act, but the management did not agree to the said proposal of the association. thereafter an application was filed before the labour court, the competent ..... carry out its obligation in terms of theaward. therefore the association had to move the enforcement machinery constituted under the provisions of the industrial disputes act. but the labour department of the government of karnataka did not take any action because the mysore paper mills being a karnataka state public sector .....
Tag this Judgment!Court : Karnataka
Reported in : I(1999)ACC568; 2000ACJ42; ILR1999KAR157; 1999(1)KarLJ382
..... the enactment in preference to a construction which tends to defeat that purpose. the same approach has been adopted by this court while construing the provisions of the act.9. a division bench of the madras high court in k. nandakumar v managing director, thanthai periyar transport corporation, has held while considering the question of ..... cannot maintain a claim petition. on the other hand, the kerala high court has held even when a regular claim petition under section 110-a of 1939 act is rejected, compensation under no-fault liability could be awarded without a formal application for the same by the claimants. in m/s. national insurance company limited ..... was insured with the ii respondent-insurance company. the appellants claimed a compensation of rs. 25,000/- under the no-fault liability provision section 140 of the act. 3. the first respondent-owner of the vehicle remained ex parte and only the second respondent-insurance company filed objections and contested the petition mainly on the .....
Tag this Judgment!Court : Karnataka
Reported in : 2000ACJ1463
..... the common law rule. therefore, as noticed by me earlier, the question that would really arise for consideration is whether the statutory provision in the act and the rules framed thereunder, override the common law liability of joint tortfeasors, who have caused an accident on account of their composite negligence; and as ..... years later. where, however, the plaintiff's loss is the culmination of a progression, the individual stages of which are brought about by the separate acts of different defendants, each defendant is liable only for the extent to which he contributed to the final result; the second defendant (and subsequent defendants) ..... particular tortfeasor to suit his convenience or connivance. consequently, it has to be held that for adjudicating the claim for compensation under the provisions of the act, all claimants and all the tortfeasors including their insurers, have to be necessarily made parties before the claims tribunal for determination of their respective rights and .....
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