Court : Karnataka
..... veerichettiar, aged about70years residing at9222-a, veerasam colony, alangombu, coimbatore (dt), tamil nadu - 641 302 ... ..... this is the only just and equitable interpretation that can be placed on the social welfare beneficial legislation as the act and the scheme are built sincerely for the purposes they are meant to serve inasmuch as members should not lose their right to their own money earning interest accruing silently on such amounts as sit in ..... thus, prior to 2016, in case of cessation of employment from one employer to another or transfer of the employee from one establishment to another, where the latter employer or establishment is not covered under the act, if an application for withdrawal of the amount was not filed within 36 months, the account would be rendered inoperative. ..... post-2016, if the employee, even in the case of transfer to an employer or establishment not covered by the act, fails to file an application for withdrawal of the amounts in his account within 36 months, the account would not be rendered inoperative. ..... thus, she submits that there was no delay on the part of the respondent, the respondent acted in all fairness and made payment of the amount due. 6.7. ..... a direction is issued to the organization to make current the "inoperative account" qua the petitioner and pay - 11 - wp no.11790 of 2021 the accrued interest as a vested right as calculated in a sum of rs.61,587/- for 31 months for the period 1.4.2011 to 31.10.2013. .....
Tag this Judgment!Court : Karnataka
..... acquired, accrued or incurred, or any remedy or 26 proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; nor shall this act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, nothwithstanding that the same respectively may have been ..... regard to the need to render social justice to women, the states of andhra pradesh, tamil nadu, karnataka and maharashtra made necessary changes in the law giving equal right to daughters in hindu mitakshara coparcenary property: in kerala, the legislature enacted the kerala joint hindu family system (abolition) act, 1975.17. ..... at the time of his death an interest in a mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this act: provided that, if the deceased had left him surviving a female relative specified in class i of the schedule or a male relative specified in that class who claims through such female relative, the interest of the deceased ..... , against the judgement and decree dated2206.2013 passed in o.s.no.33/2009 on the file of i additional senior civil judge, mysore, decreeing the suit filed for partition and separate possession and for .....
Tag this Judgment!Court : Karnataka
..... government of tamil nadu & others, reported in (1990)2 scc456(bench consisting of three hon ble judges), the act does not require the detaining authority to specify the period under which a detenue is required ..... the said order passed by the commissioner of police is confirmed by the state government as per annexure-c, dated 6.11.2014 under section 12 of the act; which means that the order passed by the police commissioner, mangalore, detaining the detenue for a period of twelve months is - 6 - confirmed by the state government by virtue of the order dated 6.11. ..... it may, in devaki s case (cited supra) three judges bench of the apex court has clearly ruled that the period as mentioned in section 3(2) of the act refers to the power of delegation and it has no relevance at all to the period for which a person may be detained. ..... orders detaining certain persons- (1) the state government may, if satisfied with respect to any bootlegger or drug-offender or gambler or goonda or immoral traffic offender or slum- - 7 - grabber that with a view to prevent him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do, make an order directing that such persons be detained. ..... has given the mandate that the state government, if satisfied, may delegate the power to pass an order of detention under the act to the district magistrate or the commissioner of police, as the case may be, for a maximum period of three months. ..... bearing no.hd/72/sst/2013, dated 4.9.2014 .....
Tag this Judgment!Court : Karnataka
..... respondent nos.2 and 3/company would urge the following grounds: (i) that the writ petition is not maintainable as admittedly the petitioner is a workman and had to raise an industrial dispute under the industrial disputes act, 1947 against the order of dismissal; 9 (ii) that the delinquent sri srinivasa murthy had also raised industrial dispute and it is the industrial tribunal that had granted relief to the said delinquent; (iii) ..... the delay in finalising the audit account cannot stand scrutiny in view of the above two provisions of the tamil nadu act 17 of 1961. ..... the details and findings in the enquiry report, i am convinced that the delinquent employee, being a responsible employee has committed acts of grave misconduct which are detrimental to the company s interest and the management can no longer rely on such employee with ..... ec no.17100, wireless operator, ttc now working at auto garage department was issued charge sheet/memo vide no.fpr/dsp/2010-11 dated 17.12.2010, with regard to acts of misconduct alleged against sri shankara s.jadabutt, and his explanation was called for. ..... the said delinquent employee raised an industrial dispute under section 10(4)(a) of the industrial disputes act, in i.d.a.no.41 of 2000 and the industrial tribunal allowed the dispute, quashed the order of dismissal and directed his reinstatement with ..... the proceedings dated 11-11- 2013, is vindication of such a statement and reads as follows: dz g z r u z g v p u a azs n g ja z v r z d j / u u jp ai i .....
Tag this Judgment!Court : Karnataka
..... krishnakumar -vs- state of tamil nadu and others (c.a. no. ..... in the other parts of the world with reference to the compensation provided to terror victims and the manner in which it is quantified and paid, more particularly the justice for united states victims of state sponsored terrorism act and the criminal injuries compensation scheme, 2012 formulated under the criminal injuries compensation act,1995 in the united kingdom which may assist the wisdom of the respondents to formulate an appropriate scheme. ..... though in the said case, in an action brought out to claim damages by filing a suit for the wrongful seizure under the essential commodities act was decreed by upholding the decree of the trial court, the consideration made in that regard to fix the liability only for acts of state when it is answerable in torts and the liability does not arise otherwise is sought to be pointed out. ..... the former vests in a person or body which is independent and supreme both externally and internally whereas latter may be act done by a delegate of sovereign within the limits of power vested in him which cannot be questioned in a municipal court. ..... the case of the petitioner is that she had suffered severe injuries in the bomb blast that occurred on 17.04.2013 at 11th cross, malleswaram, bangalore, near the office of the bharathiya janatha party. .....
Tag this Judgment!Court : Karnataka Dharwad
..... , the substantial questions of law which arise for consideration of this court are, i) whether the commissioner was justified in invoking the provisions of the workmen s compensation act, when the respondents had contended that there is no relationship of employer and employee between respondent nos.1 and 2 on the one hand, and the deceased on the ..... state of tamil nadu and others reported in 2004 llr351 without the control test and organisaton test, the conclusion arrived at by the ..... . the appellants have utterly failed to prove their contention that the commissioner was not justified in invoking the provisions of the act though there was no relationship of employer and employee and that the commissioner was also not justified in awarding compensation when the accident is ..... be occupational diseases peculiar to those employments respectively, and thereupon the provisions of sub- section (2) shall apply in the case of a notification by the central government, within the territories to which this act extends, or, in case of a notification by the state government, within the state as if such diseases had been declared by this ..... counsel contended that mental 10 stress is not included in the list of occupational disease under schedule iii to the act and as such it cannot be accepted that the act of suicide was brought about by acute stress, which was the cause for the death. ..... there was no representation on behalf of the appellant on the previous date of hearing except on 21.10.2013. .....
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..... town, within the limits of complainant-police station, the accused no.1, who is the petitioner in criminal revision petition no.1186/2012 and respondent in criminal revision petition no.306/2013, joined by other accused, in furtherance of their common intention, armed with deadly weapons, wrongfully restrained cw-1 anil shenoy and cw-2 varadaraj shenoy and assaulted them. ..... imprisonment by sessions judge s court in criminal appeal no.81/2007 was not warranted in the circumstances of the case, the revision petition filed by the state in criminal revision petition no.306/2013 deserves to be allowed and in view of the reasoning given above, the criminal revision petition no.1186/2012 filed by accused no.1 deserves to be set aside.37. ..... crl.r.p.no.1186/2012 36 per contra, learned state public prosecutor appearing for the petitioner/state in criminal revision petition no.306/2013 vehemently submitted that the sentence prescribed for the offence punishable under section 326 of ipc is either the imprisonment for life or imprisonment of other description for a term ..... it is challenging the said reduction of sentence of imprisonment by the sessions judge s court, the state has preferred criminal revision petition no.306/2013, however, the accused no.1 has filed criminal revision petition no.1186/2012, challenging the confirmation of his conviction for the offences punishable under sections 341 and 326 of ipc by ..... act of accused no.1 cannot be called as an act under crl.r.p.no.306/2013 ..... tamil .....
Tag this Judgment!Court : Karnataka
..... 3.2.3 the appellant-petitioner stated that it is a public listed company under the companies act, 2013 and a reputed indian multinational conglomerate operating worldwide, carrying on business in engineering, construction, manufacturing, technology and financial services, it was claimed that the petitioner had completed ..... senior advocate a/w sri ajay, advocate & sri vardhan reddy, advocate for r-2) --- this writ appeal is filed under section4of the karnataka high court act, 1961, praying to set aside the order dated06h march2024passed in writ petition no.5304/2024 passed by the learned single judge of this hon ble ..... vehemently submitted that learned single judge erred in not appreciating the following: (i) the obligation on the part of the respondent- corporation, which is a state under article 12 of the constitution, to act in fair, reasonable and transparent manner would extend also 20 to the area of inviting offers in the tender process by not subjecting the dealers to arbitrary conditions. ..... appeal no.381 of2024(gm-res) between: larsen and toubro limited a company incorporated under the provisions of companies act, 2013 bearing cin: l99999mh1946plc004768 having registered address at l&t house n.m. ..... authority is mala fide or intended to favour someone; or whether the process adopted or decision made is so arbitrary and irrational that the court can say : 'the decision is such that no responsible 40 authority acting reasonably and in accordance with relevant law could have reached. .....
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..... the exercise of its civil or revenue jurisdiction or any criminal court in any proceeding under chapter xii or chapter xxxvi of the code of criminal procedure, 1898, makes any order admitting any instrument in evidence as duly stamped or as not requiring a stamp, or upon payment of duty and a penalty under section 34, the court to which appeals lie from, or references are made by, such first mentioned court may, of its own motion or on the application of the ..... a bar for questioning any document which has been admitted in evidence, subsequently in the same suit of proceeding on the ground that the instrument has not been duly stamped with no such objection being raised at the time of its admission, under section 58 of the act, the appellate court on its own motion or on the application of the deputy commissioner could taken into consideration the order admitting in evidence any instrument as duly ..... in order to prove due execution of the agreement of sale dated 18.10.2010 (ex.p1), plaintiff no.1(d) examined himself as pw.1 and he has stated that his father who died on 8.5.2013 had entered into the agreement (ex.p1) with the defendant, wherein the suit property was agreed to be sold by the defendant to the deceased plaintiff for a sum of `36,50,000/- and an advance of `50,000/- has been ..... relevant to note that the said documents are the bank account statements for the period from 1.4.2013 to 31.3.2014. ..... , 8.5.2013, the deceased plaintiff had the necessary funds at his disposal to pay the .....
Tag this Judgment!Court : Karnataka
..... arbitration tribunal under the adhiniyam of 1983, the parties have agreed for arbitration under the aegis of icadr in accordance with the icadr rules and the arbitration act and consciously did not mention about existence of the arbitration tribunal established under the adhiniyam of 1983, which then was already in existence, the petitioner cannot ..... the constitution of india, whereby the judgment of the city civil court, ahmedabad passed in appeal filed under section 37 of the act of 1996, upholding arbitrator's order, who while deciding the application of the claimant under section 17 of the act of 1996 stayed the operation of the order of its blacklisting for two years holding that the same will operate only if the ..... petitioner invoking section 16 of the arbitration and conciliation act, 1996 ( the act for short) read with sections, 33, 34 and 37 of the karnataka stamp act, 1957 and section 49 of the registration act, 1908. ..... these circumstances, what is important to note is that though petitions can be filed under article 227 against judgments allowing or dismissing first appeals under section 37 of the act, yet the high court would be extremely circumspect in interfering with the same, taking into account the statutory policy as adumbrated by us hereinabove so that interference is ..... varindera constructions ltd, (2020) 2 scc111 dated 17-9-2018, disposing of slp (c) no.23155/2013, this court has imposed the selfsame limitation on first appeals under section 37 so that there be a .....
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