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Karnataka Kalaburagi Court March 2016 Judgments

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Mar 22 2016

Dr. Digambareppa Vs. State of Karnataka

Court: Karnataka Kalaburagi

Decided on: Mar-22-2016

K.N. Phaneendra, J. 1. At the stage of admission itself, the matter is heard on merits. 2. The learned Counsel for the petitioner and the learned High Court Government Pleader have submitted their arguments. 3. The present petition is filed seeking to quash the entire proceedings in C.C. No.4435/2014 pending on the file of Principal JMFC-II Court, Raichur, for the offences punishable under sections 22 of Minimum Wages Act, 1948 and for violation of Rules 22(4), 28(2), 29(1) and 29(5) of the Minimum Wages Rule, 1950. 4. The Labour Inspector, Second Circle, Raichur, has laid a charge-sheet against the petitioner by name, describing him as Vice Chancellor of University of Agricultural Sciences, Raichur, for the above said offences on the ground that on 12.3.2014 the Labour Inspector has visited the said University and found some violations of the provisions of Minimum Wages Act and Rules, that is to say University has not furnished Registers pertaining to the Annual Report and Registers i...


Mar 18 2016

Shankargouda Vs. Kishan Rao

Court: Karnataka Kalaburagi

Decided on: Mar-18-2016

K.N. Phaneendera, J. 1. The petitioner has approached this Court calling in question the judgment of conviction and sentence passed by the III Addl. Civil Judge (Jr. Dn.) and JMFC, Kalaburagi in CC No. 1362/2006 for the offence punishable under Section 138 of the Negotiable Instruments Act imposing fine of Rs. 2,50,000/- and also sentencing him to undergo Simple Imprisonment for six months, in default of payment of the said amount. The Court has also awarded compensation of Rs. 2,45,000/- in favour of the complainant and Rs. 5,000/- as line to be credited to the State. 2. The petitioner has also called in question the order passed by the Fast Track Court I in Criminal Appeal No. 46/2009 wherein the learned Judge has confirmed the order of the Trial Court passed in CC No. 1362/2006 dated 6.6.2009. 3. For the purpose of easy understanding and convenience, the ranks of the parties are retained as per their ranks before the Trial Court. 4. The complainant (respondent herein) has riled a co...


Mar 14 2016

Nemappa Vs. Bhimanna and Another

Court: Karnataka Kalaburagi

Decided on: Mar-14-2016

S. Sujatha, J. 1. The Claimant is before this Court assailing the judgment and Award dated 19-02-2011 passed by the Motor Accident Claims Tribunal No. VIII at Muddebihal in MVC No. 180/2008. 2. The Tribunal after appreciating the material evidence available on record, awarded compensation of Rs. 4,66,000/- with interest at 6% per annum from the date of petition till the amount is fully realised exonerating the Insurer and directing the Owner-Respondent No. 1 to satisfy the Award. 3. Learned Counsel appearing for the Claimant would contend that the driver of the offending vehicle was driving a Tom-Tom Vehicle which is classified as Tight motor vehicle . Hence, he had a valid and effective driving licence. The Tribunal overlooking this aspect, fastened the entire liability on the Respondent No. 1 exonerating the Insurance Company for the reason that the driver had no valid and effective driving licence and as such there was breach of the terms and conditions of the insurance policy. 4. L...


Mar 11 2016

C. Venugopal and Another Vs. State of Karnataka

Court: Karnataka Kalaburagi

Decided on: Mar-11-2016

K.N. Phaneendra, J. 1. The petitioners are arrayed as Accused Nos. 1 and 2 in CC No. 319/2013 on the file of the Chief Judicial Magistrate, Raichur, for the offence punishable under section 92 of the Factories Act, 1948. 2. The brief factual matrix of the case is that - On 26.7.2013 -at about 12.00 p.m., a person by name Sri Thammaiah, Executive Engineer (Safety), Raichur Thermal Power Station, Shakthinagar, Raichur, informed the complainant i.e., Assistant Director of Factories, Raichur Division, Raichur, about the electrical fatal accident which took place at outdoor yard, Lingsugur Line-Ill inside the premises of the factory. The complainant's office received notice on dangerous occurrence of cause of death of - one Anantha S/o. Vivekananda, while performing annual overhauling/break down maintenance work of 220/400 KV switch Yard equipments, such as SF6 circuit breakers, isolators, CTs, CVTs., PTs., Las., DG sets and LT Switch Gear. The deceased by name Anantha son of Vivekananda, Y...


Mar 03 2016

Branch Manager, Oriental Insurance Co. Ltd., Hyderabad Vs. Narayan and ...

Court: Karnataka Kalaburagi

Decided on: Mar-03-2016

S. Sujatha, J. 1. This appeal is directed against the award passed by the Motor Accident Claims Tribunal, Bidar. 2. Briefly stated the facts are : The deceased-Babanna aged about 6, met with an accident on 8-11-2013 and succumbed to the injuries sustained in the accident. The claimants being the parents of the deceased filed claim petition, claiming global compensation of Rs. 7,50,000/- with interest. The Tribunal after analysing the evidence placed on record, following the judgment of this Court in the case of Sagar (deceased) by LRs. v. Suresh in MFA No. 22068 of 2011, D/- 6-11-2013, awarded compensation of Rs. 5,00,000/-. Being aggrieved by the said award, the insurer is before this Court. 3. The learned counsel appearing for the appellant-Insurer contends that the deceased was aged 6 years, the Tribunal ought to have considered the age of the younger parent to apply the multiplier, to compute the quantum of compensation. Awarding compensation of Rs. 5,00,000/- is contrary to the pr...


Mar 03 2016

The Chairman, RGTI Ltd. Vs. Khasim Ali and Another

Court: Karnataka Kalaburagi

Decided on: Mar-03-2016

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue writ of certiorari or any appropriate writ or order and quash the impugned order dated 27.11.2012 passed in Civil Misc. No.269/2010 passed by the Presiding Officer, Fast Track Court-II at Bidar, vide Annexure-G and all proceedings pursuant thereto. This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ of certiorari or any other appropriate writ or order and quash the impugned order dated 28.09.2012 passed in Misc. Petition No.22/2010 by the Fast Track Court II at Bidar, vide Annexure-G and all proceedings pursuant thereto. This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ of certiorari or any other appropriate writ or order and quash the impugned order dated 01.08.2012 in Misc. Petition No.207/2010 passed by the Additional District and Sessions Judge at Bidar vide ...


Mar 03 2016

The Chairman Rgti Ltd. Pipe Line Vs. Khasim Ali S/O Mastansab & Anr

Court: Karnataka Kalaburagi

Decided on: Mar-03-2016

1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE3D DAY OF MARCH, 2016 BEFORE THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI WRIT PETITION No.103949/2013 C/W WRIT PETITION Nos.101106/2013, 84067/2012, 84068/2012, 84141/2012, 84142/2012, 87549/2012, 87597/2012, 87598/2012, 87599/2012, 102450/2013, 101226/2013, 102449/2013, 101107/2013, 101446/2013, 101228/2013, 101227/2013, 103961/2013, 103960/2013, 103959/2013, 103957/2013, 101216/2013, 101217/2013, 101218/2013, 101219/2013, 101220/2013, 101221/2013, 101222/2013, 101223/2013, 101224/2013, 101225/2013, 87043/2012, 102616/2013, 102617/2013, 102618/2013, 102619/2013, 102620/2013, 102621/2013, 102622/2013, 102623/2013, 102636/2013, 102637/2013, 102638/2013, 102639/2013, 102640/2013, 102774/2013, 102775/2013, 102776/2013, 102777/2013, 102778/2013, 102780/2013, 102781/2013, 102782/2013, 102783/2013, 102785/2013, 102786/2013, 102787/2013, 103946/2013, 103948/2013, 103952/2013, 103953/2013, 103958/2013, 103962/2013, 102788/2013, ...


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