Karnataka Court June 2009 Judgments

Bajaj Allianz General Insurance Co. Ltd. by Its Manager Vs. B.C. Kumar ...

Court: Karnataka

Reported in: ILR2009KAR2921; 2010(1)KarLJ210

V. Jagannathan, J.1. The driver pleads guilty before the criminal court and he is convicted. Can that plea of guilt by the driver become the sole criterion for allowing the claim petition by the M.A.C.T. when the evidence placed before it raises serious doubts as to the very factum of accident itself? This is the question that has cropped up in this appeal upon hearing the learned Counsel for the parties.2. In this appeal by the Insurance Company, the main ground urged is that the injuries sustained by the claimant on account of he hitting a road-side tree on Bannerghatta road has been transformed into a case of accident involving the vehicle insured with the appellant herein having dashed to the claimant's vehicle on Pandavapura-Srirangapatna road. The pith and substance of the arguments advanced by the learned Counsel Shri O. Mahesh for the appellant-Insurance Company is that the claimant: succeeded in getting compensation from the M.A.C.T. by converting a self-accident into an accid...

Hutchison Essar South Ltd., Prestige Blue Chip Represented by Its Depu ...

Court: Karnataka

Reported in: ILR2009KAR4255; 2009(4)KCCR2459

ORDERRam Mohan Reddy, J.1. Common questions of feet and that of law arise for decision making, hence with the consent of learned Counsel for the parties, the petitions are clubbed together, finally heard and are disposed of by this common order.2. The petitioners are companies registered under the Companies Act, 1956, have their registered offices at the addresses mentioned in the cause title, some of whom carry on business of providing cellular, mobile telephony services, while others manufacturer soft drinks and paints, have appointed dealers/distributors/retailers to sell and distribute their wares as well as Subscriber Identification Module (SIM) cards and to serve the customers, the said dealers are spread over Bangalore city and carrying on their trade and business from their shop premises. In the course of business, the dealers/retailers/distributors, put up boards/glow signs within their shop premises facing the road indicating brand names of the petitioners, in relation to the...

Sumithra P. D/O Krishnappa Acharya and ors. Vs. State of Karnataka Rep ...

Court: Karnataka

Reported in: ILR2009(3)KAR2752

ORDERS. Abdul Nazeer, J.1. Since common questions of law and fact are involved in ail these writ petitions, they are clubbed together, heard and disposed of by this common order.2. The petitioners are the teaching and non-teaching staff of private aided educational institutions in the State of Karnataka. Some of them are in service and some of them are retired. All off them had joined the service before 2.9.1987. All of them have passed either Kannada Language Examination as provided in Rule 3 of the Karnataka Civil Services (Service and Kannada Language Examinations) Rules, 1974 (for short 'Rules') or the SSLC examination as provided under Rule 5 within the prescribed period. Therefore, they are claiming an additional increment as per Rule 6 on par with the teaching and non-teaching staff of the Government schools in the State of Karnataka. Some of the teaching and non-teaching stall' of aided private schools filed writ petitions before this Court claiming the said benefit in W.P. Nos...

R. Kapinipathi Rao Vs. Mysore Stoneware Pipes and Potteries Ltd. and o ...

Court: Karnataka

Reported in: [2009]152CompCas632(Kar)

V. Gopala Gowda, J.1. In this appeal, Misc. Civil No. 10109 of 2009 is filed seeking condonation of delay of 342 days. Though the explanation offered in the affidavit in support of the application is not satisfactory, in the interest of justice, we are vacating the interim order granted in favour of the appellant in the Company Petition No. 3 of 2008 before the Company Law Board, Chennai Bench. It is strongly opposed by learned Counsel for the respondents regarding the delay and the explanation offered by the appellant regarding inordinate delay challenging the impugned order passed by the Company Law Board, we have condoned the delay and accordingly the Misc. Civil No. 10109 of 2009 is allowed.2. We have heard learned Counsel Ms. Geetanjali Swarhy on behalf of the appellant and Sri. Naganand, learned senior counsel on behalf of the respondents on merits.3. Though the matter is listed for hearing on the interim application, by consent of learned Counsel for both the parties, the matter...

B.M. Suresh Kumar. Vs. Om Prakash and ors.

Court: Karnataka

Reported in: 2009(3)KCCR2122(DB)

N. Kumar, J.1. This is a claimant's appeal seeking enhancement of compensation for the injuries sustained in a motor vehicle accident as well as challenging the finding of the Tribunal in so far as absolving the insurance company to pay the compensation awarded.2. For the purpose of convenience, parties are referred to as they are referred to in the clam petition.3. Case of the claimant is that he was working as cleaner-cum-conductor in bus bearing No.KA-16-2936; on 3-6-2000 at about 7.00 p.m. near Gedlahally bus stop while the claimant was bringing down passengers luggage from top of the bus, driver of the bus all of a sudden, moved the bus without waiting for any signal. On account of the same, he fell down and sustained injuries. He was immediately admitted to Bapuji hospital, Davanagere. On account of the accident, he sustained injuries. He claims that he was getting a salary of Rs. 1,600/- and Rs.40/- per day as batta. He therefore filed a claim petition claiming compensation of R...

Veera Vahana Udyog Pvt. Ltd. Rep. by Managing Director, K. Srinivas Re ...

Court: Karnataka

Reported in: ILR2009KAR3370

ORDERN.K. Patil, J.1. Petitioner in this petition is a Private Limited Company represented by its Managing Director. It is stated that petitioner is involved in the business of manufacture of bodies of luxury buses and is a small senile industry First Respondent - The Karnataka State Road Transport Corporation ('Corporation' for brevity) is an undertaking of the State Government operating in the field of Road transport plying the buses throughout the country.2. Petitioner has sought for quashing Clause 2(b) of the terms and conditions laid down in Annexure 3 to the tender document/application pursuant to the tender Notification dated 27th February 2009 due en 30th March 2009 issued by the second respondent produced as Annexure D to the writ petition and to declare that the action of the second respondent in not opening the commercial bid of the petitioner dated 30th March 2009 produced as Annexure L is illegal. Further, petitioner has sought for a direction, directing the second respon...

K.P. Devaiah and anr. Vs. State of Karnataka and ors.

Court: Karnataka

Reported in: 2009(5)KarLJ660

V.G. Sabhahit, J.1. These two appeals are filed by the petitioners in W.P. No. 24870 of 2005 being aggrieved by the order dated 2-9-2008 wherein the learned Single Judge of this Court has dismissed the writ petition without prejudice to other options open to the petitioners in law.2. The appellants herein filed W.P. No. 24870 of 2005 seeking for quashing of the order dated 29-10-2004 passed by the Registrar of Cooperative Societies and to restrain respondents 3 to 8 from in any manner interfere with the functioning of the said Cambridge Education School, Mathikere and permit the petitioners to manage the affairs of the school.3. It is averred in the writ petition that petitioners and the respondents 4 to 8 formed a society under the name and style of Mathikere Cambridge Education Society and registered the same with the Registrar of Societies under the Karnataka Societies Registration Act, 1960 on 16-8-1979. The said society was running a school under the name and style of Cambridge En...

Smt. Kempamma W/O. Late Chikkashankarappa Vs. the Deputy Commissioner,

Court: Karnataka

ORDERL. Narayana Swamy, J.1. The petitioner is challenging the order passed by the Assistant Commissioner in R.A. No. 149/1996-97 dated 19,05.2008 and also the order passed by the Deputy Commissioner in No. RA/117/2005-06 dated 05.04.2008 and sought for quashing the same.2. The petitioner preferred an appeal before the Assistant Commissioner against the revenue entries made in MR No. 344-2/95-96 & 344-3/95-96. The Assistant dispute between the petitioner and the 4th respondent is civil in nature, hence in order to sort out the dispute, they have to approach the competent civil Court. Further, the Assistant Commissioner has held that the entries made in the revenue records is on the basis of the sale deed dated 09.09.1970. The sale deed has been executed by Shamanna and his brother Narayanappa. Against the order passed by the Assistant Commissioner, the petitioner preferred a revision before the Deputy Commissioner, Kolar District After issuance of notice and after verifying the entire ...

The Karnataka Planters' Association by It's Chairman, Vs. State of Kar ...

Court: Karnataka

Reported in: ILR2009KAR2938:2009(6)AIRKarR227

ORDERSubhash B. Adi, J.1. This Writ Petition is directed against the notification No. KAAE-11 LMW 2004 dated 25.3.2008 published in Karnataka Gazette dated 24.4.2008 produced at Annexure-K.2. Petitioner No. 1 is an Association of Planters established in the year 1958. Petitioners-2 and 3 are the members of the first petitioner. There are about 4,67,000 labourer employed in Coffee estates in Karnataka and their wages are fixed under the provisions of Section 5 Sub-section (1) of the Minimum Wages Act, 1948 (hereinafter referred to as the Act'). State Government by notification dated 19.2.2004 had published a draft notification calling for objections, wherein the State Government had indicated the minimum wages for the workers working in Cincona, Rubber, Tea, coffee and mixed plantations at Rs. 70.10 paise. In response to the same, the first petitioner No. 1 -Association had filed a statement of objections as per Annexure-B. In this regard, the State Government had constituted an Advisor...

Hassan Town Women's Consumers Co-operative Society Limited and Anr. Vs ...

Court: Karnataka

Reported in: 2009(4)KarLJ728

ORDERAjit J. Gunjal, J.1. Mr. H.K Basavaraj, learned High Court Government Pleader is directed to take notice for respondents.Copies to be served.2. Even though the matter is listed for preliminary hearing, with consent, it is taken up for final disposal.3. The petitioners-Societies are registered under the Karnataka Cooperative Societies Act, 1959. The date of registration of the 1st petitioner-Society is 14-11-1975 and the 2nd petitioner-Society was registered on 25-11-1991 and to that effect certificates has already been issued. Pursuant to an order passed by the Executive Officer, Taluk Panchayat, Belur, the 1st petitioner was supplying food articles/grains to the Anganawadi centres. The apprehension of the petitioners is that the respondents unreasonably, arbitrarily and for no valid reasons are not allowing the petitioners to participate in the tender process called for by them for supply of food grains/articles to the Anganawadi centres.4. Mr. Kempegowda, learned Counsel appeari...