Karnataka Court September 2007 Judgments
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United India Insurance Co. Ltd. Rep. by Its Regional Manager, United I ...
Court: Karnataka
Decided on: Sep-10-2007
Reported in: 2009ACJ512; 2008(4)KCCRSN295; 2008(6)AIRKarR234(DB)
1. Whether the W.C. Commissioner is justified in holding that the death of Aahwathappa, the loader in the tractor-trailer was in the course is the course and out of employment?2. The decreased was employed as loader in the tractor-trailer meant for transporting the sand. At the night when the loading was to take place the driver of the tractor-trader drove the vehicle negligently and hit against the hillock, the debark falling on the deceased. The deceased was trapped in the mud load and died of asphyxia.3. The proviso to Section 147 of Motor Vehicles Act reads thus:Provided that a policy shall not be required-(i) to cover liability in respect of the death, arising out of an in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the Workmen's Compensation Act, 1923 (8 of 1923), in respect of the death of or bodi...
Siddamma W/O Ninganagouda Patil Vs. Rayanagouda S/O Basanagouda Patil ...
Court: Karnataka
Decided on: Sep-10-2007
Reported in: 2008(3)KarLJ549; 2007(4)KCCR2533
V. Jagannathan, J.1. The defendant before the trial court is the appellant herein and she is aggrieved by the fewer appellate court reversing the judgment and decree of the trial court and declaring that the plaintiff is also entitled to half share in the suit properties and the appellant herein has been restrained from receiving the compensation amount to the extent of said half share of the plaintiff's in the suit properties. The trial court had dismissed the suit filed by the plaintiff for a declaration that he be declared as the absolute owner of the entire suit schedule properties and to receive the compensation in respect of the said properties. Hence this second appeal by the defendant.2. The facts briefly stated, are to the effect that the respondent-plaintiff filed the suit in O.S. No. 180/1989 praying the trial court that he be declared as the absolute owner of the suit schedule properties in S. Nos. 76 and 120 having panchayath numbers 35, 36 and 37, and for the compensation...
Sri. Belliyappa Gowda Vs. the K.S.R.T.C. Represented by the Managing D ...
Court: Karnataka
Decided on: Sep-10-2007
Reported in: ILR2007KAR5325; 2008(1)AIRKarR77
ORDERH.V.G. Ramesh, J.1. The petitioner, assailing the order dated 25-1 -2003 passed by the Labour Court, Mangalore, dismissing the I.D. No. 55/1999, has filed this writ petition praying for the following reliefs:(a) Issue a writ of certiorari or any other appropriate writ or order quashing the Award-dated 25-1-2003 passed by the Labour Court, Mangalore, in ID. Application (LCM) Bi, 55/1999, a certified copy of which the has been produced as Annexure-J as the said Award suffers from errors which are apparent on the face of the records;(b) Issue a writ of mandamus or any other appropriate writ or order directing the respondents to reinstate him in service with full back wages, continuity of service, seniority, promotion and all other consequential benefits which he would have got as if he has not been compulsorily retired from service; and(c) Issue a writ of mandamus or any other appropriate writ or order directing the respondents to allot him the duties attached to the post of Traffic ...
Sri Venkatesh S/O Late Balappa and ors. Vs. Sri D.A.C. Venkoosa S/O D. ...
Court: Karnataka
Decided on: Sep-07-2007
Reported in: AIR2008Kant5; ILR2007KAR4623; 2008(3)KarLJ335
Subhash B. Adi, J.1. This appeal is by defendants 1 to 3 against the judgment and decree dated 23.9.2006 in O.S.No. 8657/2002. Respondent is a plaintiff.2. Suit is one for possession of the suit schedule property and for injunction.3. Case of the plaintiff is that, under registered sale deed dated 27.6.1984, he purchased the suit schedule property and he was put in symbolic possession of the tenements in the suit schedule property. The deceased Balappa was a tenant on a monthly rent of Rs. 100/-.Plaintiff demanded rent from said Balappa. Further, the notice sent by plaintiff returned with a shera as 'refused'. The plaintiff filed HRC No. 2169/88 under Section 21(1)(a) and (h) of the Karnataka Rent Control Act. Said HRC was dismissed holding that there is no relationship of landlord and tenant. Aggrieved by the said order, plaintiff filed HRRP No. 1237/1993. Even the said HRRP was also dismissed by order of this Court dated 13.1.2000. However, an observation was made that, the dismissal...
Shri Chandram J.M. S/O Shri Jettappa Vs. the Union of India (Uoi) Rep. ...
Court: Karnataka
Decided on: Sep-07-2007
Reported in: 2008(3)KarLJ303; 2007(6)AIRKarR441; 2008LabIC(NOC)83(Kar)
D.V. Shylendra Kumar, J.1. Writ petitioner is serving in the Border Security Force, a Paramilitary Force created under the Border Security Force Act, [Act No. 47] of 1968 [for short 'the Act'].2. It appears he is a constable in the Force and while he was serving at Bangalore the petitioner had been proceeded against by the Summary Security Force Court [for short 'SSFC'] for unauthorised absence and for committing acts not only unbecoming of the Member of the Force, but also for bringing disrepute to the Force which is an offence in terms of Section 40 of the Act3. Such action had been taken as a follow up on the complaint lodged by one Mrs. Manjula. The SSFC found the petitioner guilty of offence under Section 40 of the Act and inflicted the punishment of dismissal from service.4. The petitioner though had questioned this order by filing a writ petition before this Court was relegated to avail alternative remedy of appeal available to the petitioner under Section 117 of the Act.5. The ...
Sri Uppar Eranna S/O Let Uppar Yerriswamy Vs. the Deputy Commissioner ...
Court: Karnataka
Decided on: Sep-07-2007
Reported in: 2008(3)KarLJ55
ORDERN.K. Patil, J.1. The petitioner, assailing the correctness of the order dated 25.6.2007 passed in appeal bearing No. 96/2006-07 by the 1st respondent vide Annexure-G and the order dated 24.6.2006 passed by the 2nd respondent in appeal No. 108/2005-06 vide Annexure-F and order dated 9.5.2005 passed in MR No. 56/2004-05 by the 6th respondent vide Annexure-E, has presented this writ petition. Further, petitioner has sought to direct the respondents-1 to 4 to change the katha in favour of the petitioner as per the sate deed dated 17.4.1985 bearing No. 232/85-86 vide Annexure-A and to declare that the petitioner as the absolute owner of the land bearing Survey No. 175, measuring 6 Acres 18 guntas, situate at Sanjeevarayanakote, Bellary.2. The grievance of the petitioner in the instant case is that, petitioner is claiming that he has purchased the land in Sy.No. 175 measuring 6 Acres 18 guntas, situate at Sanjeevarayanakote, Bellary Taluk by way of registered sale deed bearing No. 232/1...
Sri B.K. Raghu S/O Sri Keshava S. Naik Since Minor Rep. by His Father ...
Court: Karnataka
Decided on: Sep-07-2007
Reported in: ILR2009KAR206; 2009(3)KarLJ288; 2009(3)KLJ288; AIR2009NOC1244(D.B); 2009(2)AIRKarR271
Cyriac Joseph, C.J.1. This Writ Appeal is filed against the Judgment dated 25.7.2007 in Writ Petition No. 11568/2007 which was dismissed by the learned Single Judge. The appellant is the petitioner in the Writ Petition and the respondents are the respondents in the Writ Petition.2. The appellant was a student of Standard X in the K.L.E. Society's M.R. Sakhare English Medium School, Vidyanagar, Hubli during the academic year 2006-07. Since the appellant did not have the minimum attendance to appear in the SSLC examination commencing on 21.3.2007, he filed Writ Petition No. 4335/2O07 praying for a direction to the Karnataka Secondary Education Examination Board (hereinafter referred to as 'the Board') to issue Hall ticket to the petitioner for the SSLC examination to be conducted from 21.3,2007 or, in the alternative, to direct the Board to treat the petitioner as an external student and allow him to appear in the SSLC examination to be conducted from 21.3.2007. In view of the submission...
Balu Rama Pujari (Since Deceased by His Lrs. Rathnavva Balappa Poojari ...
Court: Karnataka
Decided on: Sep-07-2007
Reported in: ILR2007KAR4217; 2008(2)KarLJ442
ORDER1. Settlement not reported. Learned Counsel for the first respondent, has offered three cheques for a total amount of Rs. 1,00,000/- but petitioner is not present to accept the same.2. We have heard the learned Counsel for the parties both on the application for condonation of delay and on merits.3. This review petition was filed on 19/11/2005 seeking to set aside the order Dt. 18/7/1994 passed in W.A. No. 969/ 1991. Since there is a delay of 4109 days (more than 11 years), I.A.I/2006 is filed to condone the said delay. Regarding delay, the petitioner has stated in the application as under:2. It is submitted that this Hon'ble Court allowed the Writ Petition on the ground that the petitioner is not produced the receipt of payment made in respect of the occupancy price on 24/7/1967 which is paid by the father of the husband of the petitioner.3. It is submitted that the petitioner is producing the attested copies of the receipt dated 24/7/67 attested by the Gazetted Sub Treasury Offi...
Chandranaika Alias Marvadi and ors. Vs. State by Arasikere Rural Polic ...
Court: Karnataka
Decided on: Sep-07-2007
Reported in: 2007(6)KarLJ572; ILR2007(4)Kar3989; 2007(6)AIRKarR73(DB)
1. This criminal appeal is filed by the appellants-accused 1 to 6 challenging the judgment dated 31-7-2003 passed by the Principal Sessions Judge, Hassan in S.C. No. 211 of 2002, convicting the appellants-accused for an offence punishable under Section 395 of the Indian Penal Code, 1860 and sentencing them to undergo imprisonment for life and to pay fine of Rs. 5,000/- each and in default of payment of fine, to undergo simple imprisonment for a period of six months for an offence punishable under Section 395 of the IPC.2. The case of the prosecution in brief is that:The complainant namely, K.M. Adaveeshappa (P.W. 1) who is residing in a farm house situated at Kellangere Village, Arasikere Taluk lodged complaint as per Ex. P. 1 stating that he is staying in the said house along with his family members since 40 years and adjacent to his house, his elder brother Rudrappa (P.W. 3) was residing and towards right side of his house at a distance of about 100 feet, there is a house of one K.P....
K.R. Jayaprakash S/O. A.S. Ramaswamy Vs. Karnataka Power Transmission ...
Court: Karnataka
Decided on: Sep-07-2007
Reported in: 2007(6)KarLJ660; ILR2007(4)Kar4041; 2007(6)AIRKarR160
ORDERD.V. Shylendra Kumar, J.1. The present writ petition is by a person who is employed in the services of M/s. Karnataka Power Transmission Corporation Limited, but who is aspiring for special benefit which is available to a senior Government servant whose pay and allowances are required to be re-fixed on par with his Junior in the event of the Junior getting higher pay than the Senior subject to several conditions mentioned in Rule 7-A of Karnataka Civil Services [Automatic Grant of Special Promotion Etc.,] Rules, 1991 [for short the Rules].2. It is for granting the benefit in terms of this rule in favour of the petitioner by quashing the endorsement dated 28.3.2003 [copy at Annexure-D] issued by the respondent-Corporation and for consequential direction to extend the benefit etc., the present writ petition.3. I have heard Smt. Nirmala, learned Counsel for the petitioner and learned Counsel for the respondents.4. An employee in the services of the Karnataka Power Transmission Corpor...