Court : Karnataka
Decided on : Jun-22-1976
Reported in : ILR1976KAR1379; 1976(2)KarLJ57; (1977)ILLJ33Kant
..... workman from 27th august, 1971. it however, gave relief to the workman in the following terms : 'it is seen from the various medical certificate copies produced by the ii party itself and other materials on record, that the i party workman was making repeated and persistent efforts with the management for his reinstatement ..... the position under law. 9. on facts also, i find that relief granted to the workman is erroneous. the labour court has stated that the medical certificate produced by the workman and other materials on record showed that 'the workman is now physically fit to do the work of packer and peon ..... . one fine day, the management found the workman not regular in his duties owing to weakness and poor health. so the workman was sent for medical examination by dr. s. janardhan. the said doctor, on the basis of clinical examination and x-ray report, opined that the workman was suffering ..... of a lesser one in lieu of the penalty of discharge or dismissal when, in their opinion, the penalty awarded is not commensurate with the act of misconduct alleged or proved against the workman. but any such relief could be granted only when the order of discharge or dismissal is found ..... relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal is located in s. 11a of the industrial disputes act, 1947. that power is conferred on the labour court, tribunal and national tribunal to direct reinstatement in cases of wrongful discharge or dismissal or .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-29-1976
Reported in : AIR1977Kant68; 1976(2)KarLJ176
..... difficulty of identification of the two portions of survey no. 4 of karkeswara village, which has vested in the state government under section 4 of the karnataka land reforms act. it is ordered accordingly.9. the parties are directed to bear their own costs.10. the learned government pleader is permitted ..... appear; he sent an application through his brother to the tribunal praying for adjournment on the ground of illness. the application was supported by a medical certificate. the tribunal received that application, but did not pass any order thereon. instead, it proceeded to examine the witnesses for both parties and ..... , c.j.1. this writ petition is directed against order dated 13-5-1975 made by the land tribunal, narasimharajapura taluk, under section 45 of the karnataka land reforms act, 1961, registering devamma hegdathi - respondent no. 3 as occupant of 6 acres 24 guntas of land in survey no. 4 of karkeswara ..... claim of the petitioner for registration of occupancy in respect of 2 acres 20 guntas out of 6 acres 24 guntas in the said survey number.2. respondent no. 3 devamma hegdathi made an application under section 45 of the land reforms act before the land tribunal for registration of occupancy in respect of ..... fixed for enquiry, the tribunal, in proceeding to examine the witnesses in the case in the absence of one of the parties, will be acting in clear violation of the rules of natural justice as the party, who is unable to attend the proceedings of the tribunal, will be denied .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-18-1976
Reported in : 1976(2)KarLJ396; (1977)IILLJ531Kant
..... that a railway servant working on all post lost one eye and two teeth as a result of a collision between two engines and the medical officer declared that the servant was unfit for jobs in class al and b but fit for class c2 because of his defective vision and ..... off from the vehicle as a result of which there was an accident. in the said accident he sustained injury to his left arm. the medical evidence shows that the injury sustained by bhimaiah resulted in an impairment of free movement of his left hand, cisabling him from driving vehicles. he ..... total disablement' as defined in s. 2(1) of the act. total disablement is defined in the following terms : 'total disablement' means such disablement, whether of a temporary or permanent nature, as incapacitates a ..... vehicles. therefore, the commr. was not correct in holding that the injury suffered by bhimaiah amounted to permanent total disablement within the meaning of the 'act'. what is the extent and the nature of the injury and what compensation bhimaiah would be entitled to would, how ever, have to be ascertained afresh ..... of a driver he was entitled to the compensation payable for permanent and total disablement. aggrieved by this decision, the appellant has preferred this appeal. 2. the question for consideration is whether the injury caused to the left arm of bhimaiah, which has disabled him from using his arm freely constituted ' .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-09-1976
Reported in : AIR1977Kant42; ILR1977KAR137; 1976(2)KarLJ285
..... situated at binnamangala manavarthakaval village and belonging to the respondents was acquired under the provisions of the land acquisition act under a notification issued on 27-8-1964. respondents were served with the notice under sub-section (2) of, section 12 of the land acquisition act on 2-81970 informing them that an award had been passed in respect of the land that bad been acquired ..... of that article. therefore, it is not possible to accede to the argument that the limitation prescribed by article 181 can be invoked in dealing with applications under section 33-c(2) of the act.' 10. it appears to us that the view expressed by this court in those cases must be held to be applicable, even when considering the scope and applicability ..... , it is well settled that article 181 applies only to applications which are made under the code of civil procedure, and so, its extension to applications made under section 33-c(2) of the act would not be justified. as early as 1880, the bombay high court had held in bai manekbai v. manekji kavasji, (1880) ilr 7 born 213, that article 181 ..... . the case of the respondents before the court below was that they had filed an application under sub-section (1) of section 18 of the land acquisition act requesting the land acquisition officer .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-05-1976
Reported in : AIR1976Kant174; 1976(1)KarLJ349
..... than agricultural products and articles manufactured in that state, by persons not residents therein, without first obtaining a license and paying therefor. section 2 (d) of article 4 of the american constitution provides that the citizens of each state shall be entitled to all the privileges and ..... based on residence.'his lordship rejected the contention that though the rule purported to grant exemption based on residence within the state, the definition of 'bona fide students' in that rule was really based on the place of birth. his lordship said that when the rule-making ..... bad in law. mr. iyengar maintained that the impugned rules prescribe conditions of eligibility, restrict the rights of applicants to get admission to medical colleges, impose disability on applicants not possessing the qualifications prescribed by them (the rules), constitute the selection committee, empower that committee to ..... rule 10 prescribes the procedure for selection of candidates on the basis of marks secured by them in the pre-university examination or degree examination, subject to reservation for scheduled castes and scheduled tribes and other backward classes.13. we shall now briefly set out the ..... were not permanent residents in the state of maryland.37. in his separate but concurring judgment, bradley, j., observed thus:'... ... ... ... the act of the legislature of maryland, complained of in this case, discriminates in favour of residents and against non-residents of the state and, consequently, .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-16-1976
..... contention if one compares the qualifications set out in the said advertisemerit with that prescribed under the regulations. the term 'experience in a responsible capacity' cannot have any definite connotation. it cannot be put into a water-tight compartment. it depends upon the nature of posts and the duties attached thereto. the, regulation has conferred upon ..... cadre and recruitment regulations, hereinafter called shortly as 'the regulations'. the regulations were framed by the corporation with the previous sanction of the government under section 45 of the road transport corporations act, 19% by the regulations, the appointing authority and the selection authority have been constituted for recruitment to the various posts under the corporation. the ..... in automobileor mechanical engineeringfrom a recognizedand institution or equivalentqualification with notless than seven (7)years service asstores/purchase officer(class i junior)if no suit- (a) a degree of a universityable officer established by law in indiais found or equivalent qualificationfor promo- with an experience of nottion then less than seven (7) yearsby direct in a ..... prescribed under the regulations for the post of deputy controller of stores/purchases (class 1, senior) are as follows:-'2.category - deputy controller of stores/purchases stock verification officer(class i senior)by promotion (a)a degree of a universityby selection established by law infrom the caste india with not less thangory of class i five (5) .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-29-1976
Reported in : 1977CriLJ925
..... . 13 is not a sanction at all as required under section 6 of the act. section 6 of the act reads thus:6. (1) no court shall take cognisance of an offence punishable under section 161 or section 164 or section 165 of the indian penal code, or under sub-section (2) or subsection (3a) of section 5 of this act, alleged to have been committed by a public servant, except ..... the accused demanded ms. 5,000/- as bribe, i have not mentioned in ext p. 4 that the accused asked me to pay him rs. 5000/- in connection with a definite propose.28. these answers elicited in his cross-examination clearly reveal that his evidence relating to ilkal affair is an after-thought and an improvement in the prosecution case just ..... official status with a delegate cannot clothe the other officer with delegated powers and so in that decision it was held that the medical officer's sanction was incompetent, there being no delegation in his favour. the other ruling of the rajasthan high court, sudarshanlal bajaj v. s.p. agarwala air 1966 raj 37 ..... supreme court has observed as follows:6. two decisions were pressed before us by shri frank anthony. the first, vinayak, v; joshi v. state is easily distinguishable. there, a divisional medical officer who was of equal status with a divisional personnel officer granted sanction but he had no delegation of powers of appointment which only the latter enjoyed. mere equality of .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-22-1976
Reported in : AIR1977Kant33; 1976(2)KarLJ318
..... the lands are all matters which require investigation and should enter into the determination of the market value made in the statutory award under section 11 of the act. however, no specific observation relative to the amount of the award can be made other than the obvious statement that each award must ..... the value, and in almost every case, the testimony of competent expert constitutes a practicable medium for presenting the case in definite form. indeed, the matter of valuation of land is a task of reconciliation of many variables. the value of a particular piece of real estate ..... taluk the claimants did not accept the awards made by the land acquisition officer; '6ut sought references to the civil court under section 18 of the land acquisition act in proceedings pursuant to which the civil judge enhanced the compensation fixing the market value of the acquired lands at es. 4.800 ..... namely, the 'devarabelakere pick-up project pursuant tu the preliminary notification under section 4(1) of the land acquisition act published in the gazet. te dated 15-7-1971.the connected appeals are by the several claimants 'seeking further enhancement.2. 'me claim for compensation before the land acquisition officer was rupees mom/- ..... for compensation organised from rs. 15,000/. tn rs- 30,000/per acre. in such circumstances, the degree of care with which ail award under s. 11 of the land acquisition act has to be made, cannot be over-emphasises if an arbitrary award is made fixing a small amount as .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-20-1976
Reported in : AIR1977Kant80; ILR1976KAR1715
..... to the notice of the petitioners while handing over the admission ticket.4. as per the new regulation for the m. b. b. s. degree. course, a student shall be considered to have completed the attendance for the subject if he has attended not less than 3/4th of the ..... 1976. with reference to the above, i forward herewith the report received from the professor, and head of the department of obstetrics and gynaecology, medical college, mysore to the effect that the following candidates have made up the shortage of attendance by attending hospital in the department of obstetrics and ..... be losing the internship, which has already been started.sd/- indira amla'8. in spite of the above repeated requests, the controller did not act favorably. so, the petitioners are before this court.before i proceed to consider the merits of the matter, it may not be out of place ..... 11-10-1975, and the applications were forwarded to the university on 20-11-1975. statutes 201 and 202 made under the mysore university act, 1956, provide that the applications of the candidates are to be scrutinised under the supervision of the controller of examinations and to assign the ..... gynaecology for needful.1. sri habibulla sheriff.2. sri prabhakar.the results of those candidates which were withheld may be announced.yours faithfully, sd/- xxxxxprincipal,medical college, mysore.'in the above letter, the principal has informed the controller that the petitioners have .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-26-1976
Reported in : ILR1976KAR1120; 1976(1)KarLJ430
..... kant lj 168) in the context of a similar question which had directly arisen, it has been clearly held that the amendment by act 56 of 1969 to section 95 (2) of the motor vehicles act would only apply to claims arisen in connection with the policies of insurance issued subsequent to coming into force of such amendment. in the ..... especially so when a vehicle was corning opposite to him. to my mind, it appears that r.w. 1 could not have taken a turn without signalling. definitely he could not have taken a turn at great speed. in the very nature of things, while taking a turn, the speed had to be cut considerably ..... the claimant in misc. case (mvc) no. 82 of 1970 was entitled to special damages of, rs. 4,540 on account of pain and suffering as, well as medical expenses, and general damages in a sum of rs. 40,000 only, i.e., in all rs. 44,540; and (5) there was a breach of the ..... to a claim for actionable negligence.3. the claim petitions in misc. cases (mvc) 75 and 82 of 1970 have been filed pursuant to section 110-a of the motor vehicles act by the driver of the mangalore ear and the injured bharatisha. in regard to the two passengers of the udipi taxi, similarly claim petitions misc ..... true that in b. r. kamath's case m, f. a. no. 373 of 1973, d/- 2-7-1974 (kant) it has been held that the provisions of section 95 (2) of the motor vehicles act as amended by amendment act applied in regard to a claim which arose subsequent to such amendment, the policy concerned, however, having been .....Tag this Judgment!