Karnataka Court April 2010 Judgments

Sri Rajesh Adani and Another Vs. Assistant Labour Commissioner and Ano ...

Court: Karnataka

Reported in: ILR2010KAR3287

ORDER1. The petitioners have sought the quashing of entire proceedings in C.C.NoS84/2008 on the file of J.M.F.C II Court, Hubli. The facts of the case in brief are that Adani Enterprises Ltd. is a Private Limited Company, registered under the provisions of the Companies Act, 1956. The petitioner No.1 is its Managing Director and petitioner No.2 is its Manager -Administration and Human Relations. The Assistant Labour Commissioner, Dharwad Division, Hubli (A.L.C for short) filed a complaint with the Magistrate against the petitioners for the offences punishable under Section 18 of Minimum Wages Act,ABH. 1948 and 29-b, 29(5) of Karnataka Minimum Wages Rules, 1958. The sum and substance of the complaint is that the attendance, overtime and wage registers are not produced at the time of investigation. The annual reports for the years 2Q04, 2005 and 2006 are not displayed. Despite the receipt of notice on the petitioners, they did not comply with the requirements of law. The Magistrate, by h...

Sri K.L. Lakshmanan S/O Late Krishnappa Vs. Sri Natarajan S/O Subraman ...

Court: Karnataka

Reported in: ILR2010KAR3325

ORDERSubhash B. Adi, J.1. This writ petition is directed against the order dated 15.03.2008 in Execution petition No. 75/2008 on the file of the 11th Addl. City Civil Judge, Bangalore.2. The undisputed facts leading to this case are that, the petitioner has filed a suit in O.S. No. 6277/1996 seeking specific performance of contract. The said suit was decreed by judgment and decree dated 22.3.2000. In pursuance of the said decree, the decree holder deposited the amount and thereafter filed an application for appointment of Commissioner to execute sale deed on behalf of the judgment debtors. The sale deed was executed on 21.6.2002. Thereafter the decree holder requested the executing court to deliver possession. However, the said application was rejected. He filed one more application Under Section 152 seeking amendment and correction of decree. The said application was also rejected, against which, he filed a writ petition in W.P. No. 25425/2005. This Court by order dated 27.11.2007 aft...

North West Karnataka Road Transport Corporation, Belgaum Division by I ...

Court: Karnataka

N.K. Patil, J.1. These two appeals arise out of the impugned judgment and award 20.7.2004 passed in MVC No. 371/2002 on the file of the District Judge and Member, MACT, Udupi (hereinafter referred to as 'the Tribunal' for short).2. The Tribunal by its impugned judgment and award, awarded a sum of Rs. 12,99,300/- with interest at 8% p.a. on account of the injuries sustained by respondent No. I/claimant -Dr. U.C. Niranjan, in a road traffic accident. It is the case of the appellant-Corporation in MFA No. 7542/2004 that, the quantum of compensation awarded to the claimant by the Tribunal is excessive, disproportionate and liable to be reduced substantially by modifying the impugned judgment and award, whereas, in the appeal - MFA No. 8117/2004 filed by the insurer, the contention is regarding fixing of the liability against them at 50% and it cannot sustainable on the ground that the Corporation has satisfied the judgment and award in the connected matters arising out of the same accident...

Smt. R Manjula W/O. N. Anand Kumar and ors. Vs. the Manager, the Orien ...

Court: Karnataka

Reported in: ILR2010KAR3722

N.K. Patil, J.1. This appeal by the claimants is directed against the impugned judgment and award dated 28th December 2004, passed in M.V.C. No. 3141/2003, by the Member, Motor Accident Claims Tribunal, II Additional Judge, Court of Small Causes, Bangalore City, (SCCH-13), (for short, Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs. 4, 14,000/- with 6% interest, awarded in favour of the claimants as against their claim for Rs. 28.00 lakhs, is inadequate.2. The facts in brief are that the first appellant is the wife, appellants 2 and 3 are the minor children and appellants 4 and 5 are the parents of the deceased Sri. N. Anand Kumar. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 3:00 P.M, on 29-05-2003, the deceased was travelling in his TVS Super Moped from Yeshwanthpura to Yelahanka New Town Road and while he reached near a Garage at Attur Layout, a Private BMTC bus bearing No. KA -05/B-5918 dr...

Smt. Lakshmi Narasamma W/O Krishnappa Vs. Sri Veera Shetty S/O Late Ru ...

Court: Karnataka

N.K. Patil, J.1. Admit.2. This is a claimant's Appeal directed against the impugned judgment and award dated 10th of March 2005 passed in MVC No. 3409/2003 on the file of VII Addl. Judge, Member, Motor Accident Claims Tribunal, Bangalore, (hereinafter referred to as 'Tribunal' for short) for enhancement of compensation on the ground that the compensation awarded by the Tribunal is inadequate.3. By its judgment and award, the Tribunal has awarded a sum of Rs. 1,76,000/- with interest at 6% per annum from the date of petition till the date of payment as against the claim made by the appellant for a sum of Rs. 10,00,000/-, on account of the death of the deceased-Sanjeevappa in the road traffic accident.4. In brief, the facts of the case are:The appellant, who is none other than the mother of the deceased, filed a claim petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs. 10,00,000/- on account of the death of the deceased-Sanjeevappa contending that at about 8...

Halappa S/O Arasur Veerappa Vs. Siddappa S/O Arasur Veerappa,

Court: Karnataka

N. Kumar, J.1. This is plaintiffs appeal against the judgment and decree passed by the trial Court which has dismissed the suit for partition and separate possession on the ground that there was earlier oral partition as such the relief sought for in the suit cannot be granted.2. For the purpose of convenience the parties are referred to as they are referred to in the original suit.3. Late Arasur Veerappa had got three sons and four daughters. Halappa, the plaintiff is the eldest son. Siddappa, 1st defendant and Lokeshappa, 2nd defendant are the other two sons. Hiriyamma, Halamma, Rudramma and Gowramma are the four daughters. 3rd defendant Smt. Mallamma is his widow. The case of the plaintiff is that his father Arasur Veerappa died in the year 1980. His mother is living in Tanigere village. All the title deeds and revenue records of the joint family properties stand in the name of Arasur Veerappa till recently. Because his brothers caused much trouble and due to the differences and tro...

Sri P. Siddappa S/O Late Papa Reddy and Vs. State of Karnataka Represe ...

Court: Karnataka

ORDERA.S. Bopanna, J.1. The petitioners are calling in question the notification dated 18.01.2010. The notification is issued making reservations for the different seats in Chandapura Grama Panchayat.2. Though several contentions have been urged by the learned Counsel for the petitioners, the primary contention is that all the seats in Ramasagara constituency has been reserved to women candidates and as such the same is contrary to the guidelines issued by the Karnataka State Election Commission. In this regard, it is pointed out, the reservations made in Ramasagara constituency is for schedule caste, backward class - A, and two seats for general. Similarly it is pointed out, the seat is also reserved have been assigned for general candidates in reserved categories.3. The learned Government Advocate would however seek to justify the notification contending that the reservations have been made presently keeping in view allocations which was made for the Elections 2005. Therefore, while ...

Narasimhareddy S/O Krishna Reddy Vs. the General Manager, Arvind Motor ...

Court: Karnataka

B. Sreenivase Gowda, J.1. This appeal is by the claimant for enhancement of compensation awarded by the Tribunal.2. The appeal is admitted and with the consent of the 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:On 27-3-03 when the claimant was going in motor cycle bearing registration No. KA-16-K-636 from Chitradurga Rural Police Station to Ingaladal, for his duty on N.H. 4 road, near Nagarayana Shetty Petrol Bunk, a lorry bearing New Chassis No. MH-12-0807 came in a rash and negligent manner and dashed against his motor cycle. As a result, the claimant fell down and sustained injuries. He filed a claim petition before the Motor Accidents Claims Tribunal, Chickmagalur seeking compensation of Rs. 9,00,000/-. The Tribunal awarded him a compensation of Rs. 1,35,200/- with interest at 6% p.a. from the date o...

Future Metal Private Limited Represented by Its Chairman Mr. Naveen Sr ...

Court: Karnataka

ORDERAjit J. Gunjal, J.1. Both these review petitions are disposed of by this common order. The parties will be referred to as per their ranking in the original petition.2. The matter arises in the following manner:The petitioner - Company is a subsidiary of STC of India Limited, which is a Government of India undertaking and comes under the Ministry of Commerce and Trade. In the year 2005, the petitioner had contacted the respondent to facilitate the metal scrap trade business through M/S. Wealth Solutions. There was a dispute inter se between the petitioner and the respondent in relation to certain terms of the agreement. Hence, notices were exchanged between the petitioner and the respondent and both of them did not agree upon the name of an Arbitrator. Hence, the petitioner filed an application before this Court in C.M.P. No. 40/2009 and the connected matter. The matter was heard and this Court, having regard to the terms of the contract as well as the dispute inter se between them...

Sri Govinda Swamy, Since Dead Represented by (Smt. Shanthamma W/O Late ...

Court: Karnataka

ORDERB.S. Patil, J.1. This writ petition is filed by the defendants in the Trial Court challenging the order of temporary injunction granted against them not to alienate or encumber the suit schedule property.2. Respondents herein have filed the suit for partition. Along with the plaint they have filed an application seeking temporary injunction to restrain the defendants-petitioners herein from in any manner alienating or encumbering the suit schedule property. The Trial Court, upon hearing the parties and on consideration of the materials on record, granted an order of temporary injunction. Aggrieved by the same, petitioners herein preferred Miscellaneous Appeal in MA No. 18/2009. The said appeal has been dismissed by order dated 15.12.2009. Aggrieved by the same, petitioners are before this Court in this writ petition.3. Learned Counsel for the petitioners submits that Item No. 1 of Schedule 'B' of the plaint schedule is a property which was leased in favour of an Educational Instit...