Karnataka Court January 2006 Judgments
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State of Karnataka Vs. Syed Shabbir Hussaini and ors.
Court: Karnataka
Decided on: Jan-02-2006
Reported in: 2006CriLJ903
ORDERN.S. Veerabhadraiah, J. 1. Though the matter has come up for admission, it is taken up for final disposal by consent of both sides Counsel.2. This revision is by the State assailing the order passed in S. C. No. 129/2000 by the District and Sessions Judge, Fast Track Court-II, Koppal, dated 13-4-2005 discharging the accused of the offences punishable to under Sections 143, 147, 148, 342, 353, 395, 504, and 506 of Indian Penal Code.3. Brief facts of the case are as follows:The Sub Inspector of Police, Koppal Town, charge sheeted the accused for the offences punishable under Sections 143, 147, 148, 342, 353, 395, 504 and 506 read with Section 149 of Indian Penal Code. It is alleged that on 19-11-1998 at about 11.45 a.m. in front of the house of accused No. 1 while the complainant Radha Krishna, Branch Manager of Syndicate Bank, Koppal, went along with CW 4-Mohammed Moula, the Court bailiff for execution of attachment warrant in respect of the recovery of Bank dues, the accused forme...
New India Assurance Co. Ltd. Represented by Its Duly Constituted Attor ...
Court: Karnataka
Decided on: Jan-02-2006
Reported in: II(2006)ACC798; 2006ACJ1778; 2006(3)KarLJ149
K. Sreedhar Rao, J.1. One Mahadevi is the minor aged about 12 years is the deceased in MVC 105/97. The parents are the petitioners seeking condensation. The Tribunal awarded compensation of Rs. 150000/- with interest at 6% p.a. , from the date of petition till payment. The Tribunal directed the owner and the insurer of the tanker to pay the compensation. The claim against the owner-insurer of the lorry is dismissed.2. The insurer of the tanker is in appeal seeking avoidance of the liability on the ground that the deceased is an unauthorized passenger in the goods vehiole. The claimants have filed cross objection seeking fastening of liability on the owner-insurer of the lorry and also enhancement of condensation. The facts disclose that the deceased and the petitioners were travelling as passengers in a tanker. In view of the ruling of the Supreme Court in New India Assurance Co. Ltd. v. Asha Rani and Ors. reported in (2003)2 SCC 223 and M.V. Jayadwvappa and Anr. v. Oriental Fire & Gen...
M. Balasubramanya Vs. Pradyumna and ors.
Court: Karnataka
Decided on: Jan-02-2006
Reported in: III(2006)ACC772; 2007ACJ176
K. Sreedhar Rao, J.1. Petitioners in M.V.C. Nos. 106 and 108 of 1998 are awarded compensation by the Tribunal for personal injuries. Tribunal directed the owner of the vehicle to pay the compensation. The owner is in appeal seeking for fastening of liability on the insurer. The petitioners are the rider and pillion-rider of the motor-cycle which collided with the ambassador car insured with the second respondent. It is the contention that the driver of the ambassador car had licence to drive Light Motor Vehicle but had no licence to drive Light Motor Vehicle - transport. For the said reason the Tribunal dismissed the claim against the insurer. 2. The Motor Vehicles Act, 1988 provides for different qualifications and separate licences to drive different types of vehicles. The LMV is one such category. The LMV transport could be either LMV goods vehicle or LMV passenger vehicle. The skill of driving an ambassador car, whether it is LMV non-transport or transport would make very little di...
Balachennamma A. (Smt.) Vs. Managing Director, K.S.R.T. Corporation an ...
Court: Karnataka
Decided on: Jan-02-2006
Reported in: [2006(109)FLR1169]
ORDERB.S. Patil, J.1. The award passed by the Additional Labour Court, Bangalore, directing reinstatement of the workman without back wages but with continuity of service is challenged by the Management in Writ Petition No. 17315/2005.2. The legal representative of the workman has filed Writ Petition No. 26419/2005 seeking direction to the second respondent to extend the death benefits payable consequent upon the death of the employee and to appoint her to a suitable post on compassionate grounds.3. Both the cases are heard together and are disposed of by this common order.4. It is the case of the petitioner-Management in W.P. No. 17315/2005 that the respondent-workman was found guilty of, unauthorised absence from duty from June 11, 1999 to September 25, 1999 without applying for leave and was therefore dismissed from service after following the procedure required by holding a disciplinary enquiry but the Labour Court having found that the misconduct was proved and the enquiry held wa...
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