Karnataka Court November 2010 Judgments
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General Manager Arvind Motors Pvt Ltd Vs. H Shivananda S/0. Hanumantha ...
Court: Karnataka
Decided on: Nov-02-2010
ORDER1. The petitioner, assailing the correctness of the judgment and award passed in MVC No.371/2004 and connected matters on the file of the II Additional Civil Judge (Sr.Dn) and Additional Motor Accidents Claims Tribunal, Chitradurga has presented this writ petition.2. We have heard Sn R. Vijaykumar and B.G.NanjundaradSiya, learned Counsel for the petitioner.3. Learned Counsel for the petitioner during the course of arguments, submitted that the instant writ petition may be dismissed &s; not pressed reserving liberty to the petitioner to file Miscellaneous First Appeal and to keep open all the contentions.4. The submission is placed on record and the writ petition is dismissed as not pressed reserving liberty to the petitioner to Hie Miscellaneous First Appeal against the impugned judgment and award passed by the Tribunal, if need arises. All the contentions urged are left open.Ordered accordingly....
Sri Rasul Shaikh S/O Bhadur Hajifur and Sri Navfen Kumar Vs. the Regis ...
Court: Karnataka
Decided on: Nov-02-2010
1. In these writ petitions the petitioners have prayed for a writ of mandamus to direct respondent Nos. 4 and 5 to furnish legible certified copies of the judgment and decide and further, a direction to respondent Nos. 1 and 2 to initiate appropriate action and to notify all the sub-ordinate Courts in Karnataka to issue clear and legible certified copies.2. The Registrar General of this Court issued a circular on 29.09.2010 and the same reads as under:"lnspite of General Circular No. 1/99 dated 05.03.1999 in No. LCA.I/103/99 and also General Circular No. 2/99 dated 11.08.1999 in No. LCA.I/279/99-HCE698/99, it has come to the notice of '.he High Court that still some Courts are issuing certified copies of Judgments, Orders, Order Sheets and Documents, which are too taint and cannot be read without putting lot of strain and as such there will be office objections by the Scrutiny Branches of the High Court ad thereby it caused inconvenience to he Advocates and Litigants and also litigants...
Manipal University Mazdoor Union (R) Vs. the Secretary Ministry of Lab ...
Court: Karnataka
Decided on: Nov-02-2010
ORDER1. Petitioner - Registered Trade Union espousing the cause of the employees of the Manipal University, raised a dispute in the matter of change of leave pattern introduced by the Liniversity in violation of Section 9-A of the Industrial Disputes Act, 1947 which when resulted in a failure report by the Conciliation Officer, was followed by the communication dated 27.07.2009 Annexure-"A" declining to refer the dispute for adjudication, on the premise that the workmen had accepted the revision of pay scales as a package deal which included the decision to change the leave pattern and hence, this petition.2. Heard the learned counsel for the parties. Perused the pleadings and examined the communication impugned. Suffice it to state that the observations of the Apex Court in TELCO CONVOY DRIVERS MAZDOOR SANGH AND ANOTHER vs. STATE OF BIHAR AND OTHERS1, in the circumstances, is apposite:"11. It is true that in considering the question of making a reference under Section 10(1), the Gover...
Sri.Ganesh S/O.Jotiba Oulkar Vs. the Karnataka Housing Board and ors
Court: Karnataka
Decided on: Nov-02-2010
ORDERJ.S.KIIEIIAR, C.J. (Oral) :1. The instant writ petition, which has been styled as cause in public interest. It has been filed by the petitioner to assail, firstly, the order passed by the Deputy Commissioner, Belgaum, dated 12.12.2006, by which R.S.No.219 of Jakkeri Honda, Belgaum, measuring 2 acres 10 guntas has been handed over to the Karnataka Housing Board. Secondly, the petitioner assails the purpose for which the land is to be utilized. Out of the aforesaid land, 62010 Sq.ft. of land has been reserved for a housing project to be constructed by the Karnataka Housing Board, whereas, 3600 Sq.ft. of land has been earmarked for constructing quarters/flats for the staff of the Revenue Department.2. In addition to the aforesaid, the petitioner has also assailed the approval granted by the Commissioner. Belgaum Urban Development Authority on 24.07.2008, approving the layout plan in respect of RS No.219.3. In order to raise a challenge to the two orders referred to herein-above, the ...
Sri Gurusiddana Gouda D S/O Late Mugana Gouda D and ors Vs. the State ...
Court: Karnataka
Decided on: Nov-02-2010
ORDER1. The appointment of petitioners 1 to 3 and 5 to 7 as teachers were approved on 21 3.1992, while petitioner No.4 on 11.6.2007. Petitioner No.8 on 6.7.1991, petitioners No.9 and 10 on 1.8.1991, petitioner No. 11 on 20.3.1992 and were admitted to grant-in-aid by order dt. 29 8.2005 in respects 1 to 7 and 6.1.2006 in respect of the other petitioners of the respondent-Education Department. The petitioners claim to reckon their services from the dates of their initial appointment when not considered for the purpose of pensionary benefits fixation of pay seale and consequential benefits has resulted in these petitions.2. Learned counsel for the parties submits that the matter is fully covered by a decision of this Court in W.P.No. 19431/2005 and connected petitions in V.T.S. JEYAHAL vs. STATE OF KARNATAKA & OTHERS D.D. 13-10-2006 wherein a learned Single Judge of this Court extended the benefit of reckoning the service of teachers from the date of initial appointment in the private edu...
B.N.S.Reddy S/O Late B N Naja Reddy Vs. the Union of India and ors
Court: Karnataka
Decided on: Nov-02-2010
ORDER1. The petitioner, working as Superintendent of Police (Vigilance) Karnataka Power Transmission Corporation Ltd., Bangalore, has filed this writ petition, being aggrieved by the order dated 13.9.2001 passed in O.A.No. 1841/2000 by the Central Administrative Tribunal Bangalore Bench (hereinafter, referred to as "the tribunal" for the sake of brevity).2. The facts of the case leading to the tiling of this writ petition are that the petitioner, along with respondent No.9. 10 and 11 who are members of the Karnataka Police Service (KPS) were considered for promotion to the Indian Police Service under the Indian Police Service (Recruitment) Rules. 1954 (hereinafter, referred to as "Rules") and under Indian Police Service (Appointment) by Promotion (Regulation) 1955. (Hereinafter referred to as "Regulation"). The main grievance of the petitioner is that at the time of consideration of the petitioner and respondent Nos.9. 10 unci 11. the aforesaid respondents have been selected but the pe...
Ashok Panduranga Vernekar S/O Late Pandurangappa Vs. P.Ravindran S/O K ...
Court: Karnataka
Decided on: Nov-02-2010
ORDER1. In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the order dated 4.11.2009 in O.S.No. 109/2008 passed by the Civil Judge (JD), Davanagere as per Annexure-F rejecting I.A.No.82. Petitioner filed O.S.No. 109/2008 against respondents 1 to 3 for decree of specific performance of agreement of care and in the alternative for a decree to recover the earnest money. During the pendency of the suit before the Trial Court, the fortify respondent herein initiated proceedings against respondents 1 to 3 before the Debt Recovery Tribunal (for short 'DRT'). Now the DRT allowed the claim of respondent no.4 and brought the property in question for sale and the same is sold in a public auction the sale proceeds are now deposited with the DRT. When the matter stood at that stage, petitioner filed I.A.8 before the Trial Court for an interim order to direct respondent no.4 herein from disbursing the remaining sale consideration after adjusting their due...
Smt. Gowramma W/O.Late M C Ramanna and Sri Somashekara Vs. Sri Kempaha ...
Court: Karnataka
Decided on: Nov-02-2010
ORDER1. Petitioners are the plaintiffs in O.S.No.455/1998 or, the file of Prl.Civil Judge (Jr. Divn.,) at Kunigal, wherein, they have sought for the relief of declaration that, they are the owners of the plaint schedule properties and for permanent injunction. Respondents 1 to 3, who are the defendants in O.S No.455/1998, have filed O.S No.293/1997 against the petitioners and respondent No.4, seeking the belief of permanent injunction in respect of the plaint schedule property therein. The defendants in the respective suits have filed written statements. The petitioners filed separate applications seeking amendment of the plaint in O.S No.455/1998 and the written statement filed in O.S.No.293/1997. The prayer in the respective applications having been opposed, the trial court by a common order dated 21.07.2010, has rejected the applications with costs. Aggrieved, the applicants have filed these writ petitions.2. Sri P.M.Siddamallappa, learned counsel appearing for the petitioners conte...
Smt L Shivamma © Shivani Vs. the Government of Karnataka and ors
Court: Karnataka
Decided on: Nov-02-2010
ORDER1. This petition is filed alleging that the child of the petitioner and husband-respondent No.4 Sri. Lakshmana has been illegally taken away from the custody of the petitioner when the child Neha.L. had gone to the school. Notice was issued to the respondents and the child was produced before the court and an order has been passed by this court after hearing the petitioner. 4th respondent and the child and it was ordered on 31.8.2010 that since the application filed for appointment of guardian under the Guardian and Ward Application No. 157/2010 filed by the 4"1 respondent is pending before the Family Court and the child was studying in the school at Bangalore and with the intention to admit the child at Mysore, the child was given to the petitioner with a direction that she should ensure that the child studies in the school and the matter was posted for orders today.2. The 4ih respondent was permitted to visit the house of the petitioner and exercise his visiting right with the c...
Smt E Shantha Vs. the Manager the Bangalore Co-operative Bank Ltd and ...
Court: Karnataka
Decided on: Nov-02-2010
ORDER1. Third respondent being the member of the 1st respondent, has availed loan and after becoming a defaulter, a dispute was instituted against him under S.70 of the Karnataka Co-operative Societies Act, 1959, before the Registrar of Co-operative Societies, wherein, an award came to be passed. The award having been put into execution and the award amount having been sought to be realized by the attachment of the property belonging to Smt. E. Shantha, she filed a suit for the relief of declaration that, the attachment arising from the award passed in the proceedings No JRB/Dis/7355/02-03 dated i9.6.04 obtained by the 1st defendant is null and void and not binding on her in respect of the suit property and for consequential reliefs.2. The plaintiff has passed away. Her children filed application seeking permission of the Court to come on record and prosecute the suit. The application has been allowed and the plaintiff is represented by her legal representatives. The legal representati...
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