Court : Karnataka
Decided on : Feb-25-2005
Reported in : III(2005)ACC81; 2006ACJ536; 2005(3)KarLJ113
s.b. majage, j.1. claimants in mvc no. 253 of 1999, who are the wife and children of deceased nagappa jadar and claimant in mvc no. 239 of 1999 who is the injured claimant, being not satisfied with the amount of the compensation awarded to them by the tribunal under impugned judgment and award, are before this court requesting to enhance the compensation and also fasten the liability with the insurance company as claim against insurance company-respondent 2 has been dismissed by the tribunal. 2. facts in brief are: the appellants-claimants claimed compensation before the tribunal alleging that on 26-12-1998 there was accident of maxi cab (tempo) belonging to the 1st respondent and insured with the 2nd respondent and in that, nagappa jadar died whereas claimant in mvc no. 239 of 1999 has sustained injuries and consequently the wife and children of deceased nagappa and injured shivappa are entitled to compensation from the driver, owner and insurer of said vehicle i.e., respondents. 3. the driver and owner of the vehicle filed objections denying the material averments besides rashness and negligence in driving tempo by its driver and other particulars and pleaded that as the vehicle had insurance coverage issued by the 2nd respondent-insurance company and 3rd respondent had a valid driving licence to drive the vehicle, the insurance company is liable to indemnify. 4. on the other hand, the 2nd respondent-entrance company filed objections stating that the 3rd respondent-driver .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-16-2005
Reported in : [2005(107)FLR694]; ILR2005KAR4656; 2005(4)KarLJ606
p. vishwanatha shetty, j. 1. the appellants in this appeal have called in question the correctness of the order dated 9th february, 2001 made in writ petition no. 19893 of 1994 by the learned single judge of this court workmen of hindustan machine tools limited, specialised watch case division v. hindustan machine tools limited and ors., : (2001)illj1449kant wherein, he has taken the view that the workers of the hmt limited, specialised watch case division, i.e., the 2nd appellant, are entitled to receive bonus from the appellants for the year 1983-84 onwards. 2. since the 1st respondent, though served with the notice, failed to enter appearance, we requested sri m.v. vedachala, learned counsel who was present in the court, to assist the court in this appeal as amicus curiae in support of the case of the 1st respondent.3. facts in brief.--the 1st respondent (hereinafter referred to as 'the workmen union') had raised a dispute with regard to their claim for monthly performances incentive and also for payment of bonus for the year 1983-84 onwards. on failure of conciliation, the state government referred the dispute to the additional industrial tribunal (hereinafter referred to as 'the tribunal') under section 10(1)(d) of the industrial disputes act, 1947 (hereinafter referred to as 'the act') for adjudication. during the pendency of the proceedings, with regard to the claim of the workmen union for monthly performance incentives, the claim was settled between the parties and .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-05-2005
Reported in : ILR2005KAR4020; 2005(5)KarLJ350
ashok b. hinchigeri, j.1. the land at sy.no. 94 of nayanappasettypalya, bangalore south taluk, measuring 2 acres 18 guntas were acquired for the benefit of the 2nd respondent-bangalore development authority ('bda' for short) vide preliminary notification dt. 30.11.1967 and final notification dt. 27.5.1970. these lands comprised of 1 acre 12 guntas of cultivable land and 1 acre 6 guntas of quarry land.2. the 1st respondent special land acquisition officer passed the award on 19.5.1975 fixing the market value at the rate of rs. 13,000/- per acre for 1 acre 12 guntas of cultivable land and rs. 1,000/- per acre for 1 acre 6 guntas of kharab land consisting of quarry. he awarded a sum of rs. 1,17,958/- for the loss of business quarry and other things at 30% out of the estimated value of rs. 3,93,194/- as proposed by the geo, mysore and as approved by the director of geology.3. not content with the aforesaid award, the appellants sought reference under section 18 of the land acquisition act, praying for the enhancement of the compensation amount aggregating to rs. 1,79,127-70. as many as 4 witnesses were examined and as many as 32 documents were marked as exhibits on behalf of the appellants. the respondents did not lead their rebuttal evidence.4. the reference court formulated the following points for its consideration:(i) whether the claimants are entitled for the compensation in respect of the phut kharab land measuring 1-06 acre pertaining to the quarries? if so, to what extent .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-24-2005
Reported in : 2005(5)KarLJ273
anand byrareddy, j.1. this appeal by the contesting defendants 6 and 7 is preferred against the judgment and decree directing delivery of vacant possession of the plaint schedule property to the plaintiff and further directing an enquiry for mesne profits from date of suit till date of delivery of possession and subject to such determination, the defendants to pay a sum of rs. 6,250/-per month.2. the facts of the case are as follows.--respondent 1, the plaintiff before the trial court, is the owner of land at no. 1 (old no. 34), i cross, gandhinagar, bangalore, which is described under the schedule to the plaint, measuring approximately about 10,000 sq. ft. the same was conveyed under a registered lease deed dated 29-12-1983 in favour of m/s. srinivasa trust, defendant 1 in the suit, a private trust. the broad terms of the lease deed, inter alia were as follows.--(a) the term of lease was 40 years, commencing from the date of deed;(b) the lessee was to construct, as its cost, a multi-storied non-residential commercial building within a period of three years, failing which, the lessor was entitled to determine the lease under a six months notice and regain possession of the property;(c) the lessee was entitled to occupy the entire building and sub-let the same to third parties during the tenure of the lease. except that, consent of the lessee was to be obtained after the 35th year of the lease, in respect of any fresh induction;(d) the rent payable by the lessee to the lessor .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-23-2005
Reported in : ILR2006KAR498; 2006(6)KarLJ652
ordern.s. veerabhadraiah, j.1. this is the decree holder's revision being aggrieved of the order passed in ex. case no. 130/2000 on the file of the ii addl. civil judge (sr. dn), mangalore, dated 2-2-2001 dismissing the execution petition as not maintainable.2. the brief facts of the case are as follows:the petitioner m/s shriram chits (bangalore) ltd., hampankatta branch, mangalore is a chit company registered under the chit funds act, 1982. the subscriber viz., the principal debtor sri shyam bhandary of uppinangady was a member of the chit fund and drawn the chit amount on the co-obligation of respondents sri panchakshari and sri m.p. balakrishna bhandary. the subscriber defaulted in payment of the subscription due in accordance with the terms of the chit agreement. in respect of the recovery of the dues, the petitioner initiated proceedings as provided under chapter xii of the chit funds act, 1982, before the development officer, bantwal, who is the nominee for adjudication of the disputes and an award came to be passed against the principal debtor and the sureties. the award appears to have been submitted to the joint registrar of chits, mysore division, mysore for certification as required under section 71(a) of the chit funds act, 1982. a certificate dated 10.1.2000 was issued by the joint registrar of chits, mysore division, mysore. the decree holder presented an execution petition before the ii additional civil judge (sr. dn), mangalore, for recovery of an amount of .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-16-2005
Reported in : 2005(2)KarLJ462
ordern.k. patil, j. 1. the petitioner, questioning the legality and validity of the order dated 15-3-2001 passed by the 1st respondent bearing no. ao:est-v:lc:mks:7188-b:2000-01 vide annexure-h, has presented this writ petition.2. the undisputed facts of the case are that; the petitioner earlier had filed a writ petition before this court in no. 18008 of 1999 against the recommendations of the enquiry committee at paras 4.01 and 4.04. the said writ petition was rejected of by this court on 18th june, 1999 with the observation that, 'if any action has to be taken in pursuance of the report, such action can only be in accordance with law. therefore, if any action is to be taken for cancelling the appointment of the petitioner as deputy librarian in pursuance of the said report, necessarily the university has to issue a show-cause notice and hear the petitioner and then take a decision in accordance with law. it is open for the petitioner to file objections to the show-cause notice issued by the respondents taking a specific ground that his appointment as the deputy librarian is not illegal and his appointment does not call for cancellation. the university has to take the explanation into account and then proceed in the matter in accordance with law'.. further, it is observed that, 'if the petitioner justifies his appointment and satisfies that there is no cause for cancellation, the university may not cancel his appointment'. after the disposal of the said writ petition, the .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-09-2005
Reported in : ILR2005KAR5241; 2005(5)KarLJ481
h.n. nagamohan das, j.1. india is a land of religious and temples. the anthropological survey of india published the series 'peoples of india' describing the indian society, culture and traditions. some of the main conclusions of the survey is as under:(i) ours is one of the most diverse countries in the world. there are 4,635 ethnic communities in our country, each with its own hereditary features, language, dress, religious, customs, food habits, family relations and marriage rites. the basic lifestyles of these communities comprise the mainstream of the lives of our country's people;(ii) the people of india have emerged from miscegenation of several races like proto-australoid, paleo-mediterranean, caucasoid, negroid and mongoloid. various nationalities involved are: aryans, persians, greek, huns, arabs, turks, africans, mongolians and europeans. there has been so much intermingling that nowhere can one find a 'pure' specimen of any nationality;(iii) it has been observed that difference in colour, height and build and other hereditary features are much more pronounced between members of the same community, as compared to those between members of different community;(iv) one of the biggest sources of our diversity and unity is language. there are about 325 languages and 25 scripts in india. these have emerged from different language families like the indo-aryan, tibeto-burmese, indo-european, dravidian, austro-asiatic, and amanese and indo-iranian. over 65% of our people .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-17-2005
Reported in : 142STC153(Kar)
orderd.v. shylendra kumar, j.1. this is a case which clearly reveals arbitrary and mala fide action on the part of the respondent no. 2 assessing officer.2. though the record indicates that the assessee had, in fact, made it clear that he had opted for payment of tax by way of composition under the provisions of section 17(6) of the karnataka sales tax act, 1957, before passing of the assessment order, though there is supporting material to this effect on the record itself, the assessing officer, nevertheless, denies the benefit of payment of tax by composition provided under section 17(6) of the act and has proceeded to pass the assessment order de hors the provision.3. the assessment order again suffers from a total non-application of mind as while assessing to tax the turnover under the provisions of section 5-b of the act, the assessing officer has levied tax on the entire turnover i.e., on the entire value of the works contract itself at 10 per cent without deducting the value of such goods which were not taxable and the value of the services. on the face of it, the assessment order is also not tenable.4. the stand taken on behalf of the respondents is that the authorities had not received an application in form 8-aa under rule 8-b of the rules which is a request by the assessee opting for or indicating that the assessee had opted for payment of tax by way of composition in terms of section 17(6) of the act.5. the dispute arises in the context of computation of the tax .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-04-2005
Reported in : ILR2005KAR4984; 2005(5)KarLJ568
ordern. kumar, j.1. the respondent was a driver working at bailhongal depot of belgaum division, nwkrtc. on 14-2-1995 while on duty enroute belgaum-bailhongal he caused a fatal accident at about 13.30 hours near hirebagewadi. he was served with an articles of charge accusing him of rash and negligent driving which resulted in an accident in which three persons lost life and 20 passengers sustained injuries. the respondent gave a reply denying the charges. not being satisfied with the said reply an enquiry was initiated. petitioner examined witnesses in support of their case and also produced eight documents which were marked. respondent contended that the reply given by him to the charge-sheet has to be taken as his evidence. as there was an obligation cast upon the enquiry officer to put questions to the delinquent in the event of his not examining himself, he was questioned and his statement was recorded in which he stated the accident arose on account of breaking of front right side main leaf. the enquiry officer on appreciation of the entire material on record recorded a finding that the misconduct alleged against the respondent is established and accordingly he submitted a report to the disciplinary authority. the disciplinary authority accepting the said finding of the enquiry officer and on appreciating the entire material on record dismissed the respondent from service by his order dated 18-4-1996.2. aggrieved by the said order of dismissal the respondent filed an .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-21-2005
Reported in : III(2006)ACC260; AIR2006Kant40; 2006(2)KarLJ611
k. sreedhar rao, j.1. the deceased in mvc 1535/96 is one kumar snehal alias vishal navinchandra patel, minor boy aged about 11 years. the tribunal awarded compensation of rs. 304176.83 paise with interest at 9% p.a., from the date of petition till realisation. this court in smt. puttamma v. d.v. krishnappa reported in ilr 1999 kar sn. no. 69 has held that the minimum compensation payable in case of death of minor child is rs. 150000/-. the parents are the petitioners and they contend that after the death of their child the mother had to go for artificial insemination for begetting a child, for which, it is said that they spent rs. 12,4000/-. the said amount is also claimed as damages. the treatment taken by the petitioners to beget a child by artificial insemination is only a remote consequence and not an immediate consequence of the actionable injury.2. in that view, the petitioners are entitled to a compensation of rs. 15,0000/-with interest at 6% p.a., from the date of petition till payment as against rs. 304176,83 paise awarded by the tribunal.Tag this Judgment!