Karnataka Court November 2010 Judgments
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G Krishna Acharya, S/O G Lakshminarayan Vs. the State of Karnataka and ...
Court: Karnataka
Decided on: Nov-02-2010
ORDER1. Petitioner a Senior Manager in the respondent Cooperative Bank, served the organization for more than 35 years, on the verge of retirement on attaining the age of superannuation in June of 2011, was issued with an order dated 8.5.2010 of transfer from the Head Office at Udupi to the Puttur branch as a Branch Manager. That order was called in question by raising a dispute under Section 17 of the Karnataka Cooperative Societies Act before the Dispute Registrar of Cooperative Societies (for short D.R.C.S.), registered as Dispute No.2/10, was stayed by interim order dated 17.5.2010. The application filed by the respondent Bank for vacating the interim order when rejected by order dated 19.6.2010 was carried in Revision Petition No.62/10 before the Karnataka Appellate Tribunal (for short the KAT), whence by order dated 1 7.9.2010 the revision was allowed and the interim order, dissolved. Hence this writ petition.2. Petition is opposed by filing statement of objections dated 2.11.201...
Bangalore Metropolitan Transport Corporation Vs. Laksnmamma W/O G. Nan ...
Court: Karnataka
Decided on: Nov-02-2010
1. This writ appeal is filed by the petitioner in W.F. No.3056/2009, being aggrieved by the order dated 16.02.2009, wherein the learned single Judge of this Court has modified the order passed by the III Additional Labor Court, Bangalore, in I.D.No.220/2000 vide Annexure 'A' to the writ petition and has dismissed the writ petition, confirming the award regarding reinstatement and payment of 25% back wages.2. When the matter was posted last time, it was submitted by the learned counsel appearing for the appellant that she would seek instruction from her client as to whether they are ready to give compassionate appointment to one of the legal representatives of the deceased workman as workman had died during pendency of the proceedings before the Labor Court.3. Today, when the matter is taken up for final hearing, a memo is filed reporting that settlement has been arrived at between the parties and the appellant has agreed to give compassionate appointment to respondent No.4 - S.N. Ganga...
Mr.Syed Murfad Peer Vs. the Vice Chairman and Managing Director, A.P.S ...
Court: Karnataka
Decided on: Nov-02-2010
1. These two appeals arise out of the same impugned judgment and award dated 24.3.2008 passed in MVC No. 1575/2005 on the file of the XIX Addl. SCJ. Member MACT. Court of Small Causes. Metropolitan Area. Bangalore (SCCH-17) (hereinafter referred to as the Tribunal for short).2. The Tribunal by its impugned judgment and award, awarded a sum of 71,75,000/- as compensation with interest at 6% p.a. on account of the injuries sustained by the claimant in the road traffic accident. The claimant has filed the appeal-MFA 11043/06 contending that the quantum of compensation awarded by the Tribunal is inadequate and it requires enhancement and the Andhra Pradesh State Road Transport Corporation (hereinafter referred to as 'the Corporation' for short) has filed the appeal-MFA 5990/07 contending that, the finding of the Tribunal that the accident has occurred due to the rash and negligent driving of the offending bus by its driver and thereby fixing the liability on the part of the Corporation is ...
Sri.Param Hamsa Mishra Vs. Karnataka State Financial Corporation and o ...
Court: Karnataka
Decided on: Nov-02-2010
ORDER1. The petitioner herein is impugning the notice issued under Section 13(2) of Securitization and Reconstruction of Financial Assets and Enforcement of Security interest Act, 2002, issued by respondent Nos. 1 and 2 contending that the petitioner is purchaser of petition schedule property for valuable consideration from third respondent to whom the fourth respondent has sold it under registered deed of conveyance. The case of the petitioner is that since he is the bonafide purchaser of petition schedule premises for valuable consideration, without knowledge of the alleged security of said property in favour of respondent Nos. 1, and 2, the same cannot be sold under Annexure - "E and H", notices which are challenged by him.2. Counsel appearing for respondent Nos. 1 and 2 -Karnataka Stale Financial Corporation would submit that notice issued under Section 13(2) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, cannot be challenge...
State of Karnataka Vs. Ningappa Uddappa Maddarganvi,
Court: Karnataka
Decided on: Nov-02-2010
Judgment1. State has filed the instance appeal against the judgment dated 19.01.2005 passed by the Dist. & Sessions Judge, Presiding Officer, Fast Track Court, Gokak in S.C. No. 7/99 acquitting the respondents/accused for the offences punishable under Section 498-A, 306 r/w Sec. 34 of IPC.2. When the case is called out, counsel appearing for the respondents remained absent.3. Charges were framed against the respondents for the offences punishable under Section 498-A, 306 r/w Sec. 34 of IPC on 19.11.2002. Accused no. 1 is the husband of the deceased and accused no. 2 and 3 are the parents of accused no. 1. P.W.I is the complainant who lodged complaint as per Ex.P.l, P.W.3 is the scribe of Ex.P.l and also brother of P.W.I, P.W.8 is the mother of the deceased and wife of P.W.I. Prosecution has totally examined 16 witnesses of which P.W.I, P.W.3 and P.W.8 are the material witnesses. P.W.13 to P.W.1C are the Police Officers, P.W.2 is the Doctor who conducted postmortem on the deceased. The ...
K.M. Balasubramanya Prasad S/O Late K.B. Muninanjappa Vs. the Presiden ...
Court: Karnataka
Decided on: Nov-02-2010
ORDER1. The petitioner has sought for abashing the notice vide Annexure-'A' dated 21.7.2009 by which the petitioner is directed to file his statement of objections and face enquiry before the 1st respondent. The said notice is issued based on the complaint lodged by respondent No.2.2. The records reveal that the 2nd respondent is Group-D employee working in the office of Conservator of Forests. In the year 2007, the petitioners as well as 2nd respondent were working in the same office at the same place in different capacities. The 2nd respondent lodged a complaint before the Conservator of Forests, Shimoga, making certain allegations against the petitioner. She has also lodged the information before the Mahila Police Station, Kote Circle, Shimoga, alleging offences punishable under Sections 354, 509 of IPC. Pursuant to the said complaint lodged by the 2nd respondent before the Conservator of Forests, the case is referred to 1st respondent for enquiry. The 1st respondent consequently ha...
M/S. Yashi Enterprises Vs. M.C. Dayanand
Court: Karnataka
Decided on: Nov-02-2010
ORDER1. This Criminal Revision Petition is filed under Section 397 of Code of Criminal Procedure praying to set aside the judgment in C.C.No.36580/2001 dated 5.10.2005 passed by the XVIII Additional Chief Metropolitan Magistrate and XX ASCJ, Bangalore City and confirmed in Cri.A.No.52/10 dated 5.2.2010 passed by Presiding Officer, Fast Track Court-X, Bangalore.2. I have heard the learned counsel for the petitioners as well as the learned counsel for the respondent. The records were called and I have perused the records.3. Learned counsel for the revision petitioner submits as under:That no opportunity has been granted to him for addressing arguments before the appellate Court. There was delay in preferring the Criminal Appeal because there was a proposal for settlement. The complainant has slept over the matter and he did not execute the judgment of the trial Court for nearly four years. Learned counsel for the petitioners prays for one more opportunity to address the arguments on meri...
Smt S N Gayathri W/O. Ganesh Rao Vs. N Ganesh Rao S/O Narayana Rao
Court: Karnataka
Decided on: Nov-02-2010
1. This appeal is by the claimant for enhancement of compensation awarded by the Tribunal.2. Heard. The appeal is admitted and with the consent of learned Counsel appearing for the parties, it is taken up for final disposal.3. For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.4. Brief facts of the case are:That on 25-3-05. When the claimant was a pillion rider on motor cycle bearing registration No. KA-18-J-9800, near Shidle of Mudigere taluk, Chickmagaiur district, the vehicle met with an accident due to rash and negligent riding of the motor cycle by its rider. As a result, the claimant sustained grievous injuries. Hence, she filed a claim petition before the MACT, Chickmagaiur, seeking compensation of 6,00,000/-. The Tribunal by impugned judgment and award has awarded compensation of 99,500/-with interest at 9% p.a. Aggrieved by the quantum of compensation awarded by the Tribunal the claimant is in appeal seeking en...
Bangalore Metropolitan Transport Corp. Vs.
Court: Karnataka
Decided on: Nov-02-2010
1. This appeal filed by the Corporation is directed against the judgment and award dated 22.01.2005 passed in MVC No.3467/2002 on the file of the XVII Additional Judge 8t MACT, Court of Small Causes, Mayo Hall Unic, Bangalore (SCCH-20) (hereinafter referred to as Tribunal' for brevity). The Tribunal by its impugned judgment and award awarded a sum of Rs. 13,80,000/-with 6% interest from the date of petition till the date of realization as against the claim of the claimants iov Rs30,00,000/- on account of the death of the deceased Sri Biju T.S. in a road traffic accident. Being aggrieved by the quantum of compensation awarded by the tribunal, the Corporation felt necessary to present this appeal on the ground that the compensation awarded is on the higher side and needs to be reduced.2. Brief facts of the case are:Claimant Nos. 1, 2 and 3 are respectively the wife, mother and sister of the deceased. That on, 12.06.2002 at about 8.00 p.m., when the deceased was riding his motor cycle bea...
S.Vanajakshi, W/O Shankar R.G. Vs. Smt.indirA. W/O Devendra
Court: Karnataka
Decided on: Nov-02-2010
ORDER1. In this writ petition the petitioner has played for a writ in the nature of certiorari to quash the order dated 16.6.2009 in O.S.No.40/2008 /ejecting I.A.No.12 as pei Annexure-E.2. Petitioner filed O.S.No.40/2008 against the respondent for decree of permanent injunction and mandatory injunction Though the Trial Court granted an order of temporary injunction in favour of the petitioner, the respondent illegally encroached a portion of plaint 'A' schedule property as described in plaint 'C schedule property and had put up construction. In the changed circumstances, petitioner filed I.A. 12 under Order 6 Rule 17 CPC seeking amendment of plaint by way of incorporating additional facts and additional prayer for declaration of title and for recovery of the encroached portion. Under the impugned order the Trial Court rejected this writ petition 3. Heard arguments on both the side and perused entire writ.4. There is no legal impediment to convert the suit for injunction into one for de...
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