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Karnataka Court January 2011 Judgments

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Jan 11 2011

M/S. Chandrashekara Bharathi. Vs. Sri. K.S Nagaraju S/O. SiddappA.

Court: Karnataka

Decided on: Jan-11-2011

1. In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the award dated 25.09.2009 in reference No. 5/2009 passed by the labour Court at Chikmagalur directing reinstatement of respondent with 75% back wages, continuity of service and consequential benefits. 2. The respondent was working in the petitioner school as attender/helper. Without notice and without holding an enquiry the respondent was terminated from service on 20.10.2002, Aggrieved by this termination the respondent raised a dispute before the labour Court by way of reference under Section 10(1 )(c) of the Industrial Disputes Act, 1947 (for short the Act). Before the labour Court the respondent examined himself as WW. I and got marked one document as Ex.W.1. Petitioner examined one witness as M.W.1 and got marked Ex.M.1 to Ex.M.8. The labour Court on appreciation of the pleadings, oral and documentary evidence held that the termination of respondent from service as bad in law. Accor...


Jan 11 2011

Sri.V.Venkatesha S/O Sri.Venkatagangaiah. Vs. Sri.S.Dhanashekaran S/O ...

Court: Karnataka

Decided on: Jan-11-2011

1. This is a claimant's appeal for enhancement of compensation.2. I have heard Sri Ramachandra R.Nalk learned counsel for claimant and Sri K.Suryanarayana Rao. Learned counsel for Insurance Company.3. As per medical records and evidence of PW2-Dr.C.Chennesh claimant had suffered following injuries:-I. Fracture of shaft of left ulnaII. Fracture of shaft of left, radiusIII. Fractures of IV # V metacarpal bones of right hand the claimant was treated in Marsha Hospital at Nelamangala. Even after complete treatment, claimant suffers from restricted movements of right upper limb.4. The Tribunal taking into consideration evidence of PW2, nature of injuries, age and avocation of claimant has assessed permanent physical disability at 10%. The Tribunal has determined income of claimant at Rs.3, 600/- per month. 5. On consideration of claim petition, I find that, claimant has not disclosed nature of business. Therefore, the Tribunal left with no option, has determined income of claimant at Rs.3.6...


Jan 11 2011

Thimmegowda S/O Late NanjegowdA. Vs. Dy. Commissioner Mandya District, ...

Court: Karnataka

Decided on: Jan-11-2011

1. Petitioner claims interest in 20 guntas of land in Sy No 306 of Kaudle village. Maddur taluk, Mandya district, which formed part of an extent of 2 acres of land which had been granted to one Smt Venkatamma in terms of two grant orders dated 11-9-1.950 and 18-12-1962 passed in proceeding No BDisM 3/DCD R/50-51 by the Deputy Commissioner. Mandya district. It is the version of the petitioner that along with the petitioner, two other persons namely the mother of petitioner had purchased one acre of land in subject survey number in terms of sale deed dated 3-4-1977 and 20 guntas each was purchased by petitioner and one Vishakanthe gowda in terms of sale deeds dated 3-4-1977 and 4-4 1977.2. With the third respondent claiming to be the legal heir of the original grantee, having applied to the Assistant Commissioner under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [for short, the Act), the Assistant Commissioner...


Jan 11 2011

Sri. Channabasappa S/O. Late Lingappa Shetty. Vs. the Management of Ks ...

Court: Karnataka

Decided on: Jan-11-2011

1. In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the award dated 19.09.2007 in I.I.D. No. 88/1999 passed by the labour Court at Mysore rejecting the claim of petitioner.2. Petitioner was a Conductor in the respondent Karnataka Stale Road Transport Corporation (for short The Corporation'). On 24.10.1993 when the petitioner was conducting the bus hearing No. 8008 the checking Squad of the Corporation conducted a check and found that the petitioner was possessing excess cash of Rs. 142.90. For this misconduct of pilferage in revenue articles of charges were issued, enquiry was held and on 15.05.1999 an order of penalty dismissing the petitioner from service came to he passed. Aggrieved by this order of penalty the petitioner raised a dispute before the labour Court under Section 10(4-A) of the Industrial Disputes Act, 1947 (for short The Act'). Before the labour Court the petitioner conceded the fairness of domestic enquiry. On the basis o...


Jan 11 2011

United India Insurance Co. Ltd. Vs. Sri. Samiyar Sankappa Naik. Avd an ...

Court: Karnataka

Decided on: Jan-11-2011

1. This appeal is by the insurer of the offending vehicle for reduction 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 28-4-08 when the deceased Thirumala was crossing the road on N.S.Palya, B.C. road, opposite to Sambrama Hotel. Bangalore, a Nandini Milk Canter bearing registration No. KA-Ol-AC-19.12 came in a rash and negligent manner and dashed against him. As a result, the deceased sustained severe head injuries and he was shifted to Rajashekar Hospital and then to Victoria Hospital, where he died on 6 5-09. His parents filed a claim petition before the MACT, Bangalore, seeking compensation of Rs.8, 00,000/-. The Tribunal by impugned judgment and award has awarded compensation of Rs.5, 79,700/- wit...


Jan 11 2011

Basavraju @ thekke S/O Karagaih, Vs. the State of Karnataka, Through K ...

Court: Karnataka

Decided on: Jan-11-2011

1. Heard both sides in respect of the bail petition filed.2. The petitioner is the accused in Cr.No.51/10 of Kuderu police station for the offences punishable under sections 341 and 3C7 of IPC and the prosecution case in short is that, the petitioner threw acid on the face, left shoulder and hands of the complainant on I6.10.1P at about 4.30 p.m. and the reason for the incident is said to be. The petitioner having suspected complainant's illicit relationship with the petitioner's sister-in-law.3. Submission made by the petitioner's counsel is that, the complainant has been discharged from the hospital and there was no acid injury caused on the face as per the discharge certificate.4. Having regard to the above said submission and alter hearing the learned Addl. S.P.P for the respondent-State and having regard to the nature of injuries. I am of the view that the petitioner can be released on bail by imposing conditions, to safeguard the prosecution interest.5. In the result, the petitio...


Jan 11 2011

Sri.Praahanth@ Pachi, S/ O Late R.Natarajan. Vs. State of Karnataka, b ...

Court: Karnataka

Decided on: Jan-11-2011

1. Heard the petitioner's Counsel and the learned Addl.SPP of the State.2. Petitioner is accused No.1, against whom a case is registered in Cr.No.197/ 10 by the Cub ban Park Police, for the offences punishable under Sections 323, 324, 307 & 506 r/w 34 of IPC.3. The prosecution allegation in short is that, this petitioner and other accused persons wanted to kill the complainant and that on 19.08,10, in the early hours, the petitioner called the other accused persons and told them to kill the complainant and accordingly, the petitioner herein tried to stab the complainant and the complainant escaped, but the petitioner chased him this petitioner assaulted him with the knife on the forehead and on the back side of his neck causing bleeding injuries, again the petitioner assaulted him met stabbed on of his chest and on left thigh for two times and one irfan came to rescue, this petitioner also assaulted the said irfan again with the knife on his neck and caused bleeding injuries. The incid...


Jan 11 2011

A.S.Hegde, S/O P.Vittal Hegde. Vs. State of Karnataka, Represented by ...

Court: Karnataka

Decided on: Jan-11-2011

1.Plaintiff in O.S.No.89/2009 on the file of the Principal Civil Judge (Sr.DnJ, Tumkur), has filed this petition under Section 24 of CPC, seeking transfer of the said suit from the Court of Civil Judge (Sr.Dn), Tumkur, to that of City Civil Court, Bangalore.2.In this proceedings, respondent Nos. I to 5 are served and represented by their respective counsel.3.Heard the counsel for petitioner and respondent. Perused the copy of plaint and documents produced along with the petition seeking transfer of the said suit.4.The case of petitioner is that he is aged about 71 years, he is not keeping good health, he has undergone two surgeries and he has diabetes and suffering from hyper tension and as such he is not in a position to travel on every date of hearing from Bangalore to Tumkur to attend the said case. Further it is submitted that he is a senior citizen and to accommodate him, it is just and necessary to transfer the suit from the court of civil judge (Sr.Dn.), Tumkur to City Civil Cou...


Jan 11 2011

Manju @ Kyatha @ Manjunath S/O Late Gandhi , Vs. State of Karnataka by ...

Court: Karnataka

Decided on: Jan-11-2011

1. Heard both sides in respect of the anticipatory bail petition tiled following the case registered by the police against this petitioner m Cr. No.221/10 for offences punishable under sections 504 and 307 of IPC.2. Submission of Hit petitioners counsel is that the complaint was lodged by the injured Ranganatha stating that, on 7.11.10 when he was going near the Ganapathi temple at Mysore, he was assaulted by the petitioner and when the petitioner tried to snob with knife, the complainant avoided the same, following which, the complainant suffered injuries to his two fingers of the left hand.3. Submission of petitioner's counsel is that the petitioner and his wife had some differences between them and on account of this, the present complaint is lodged because the petitioner's wife the complainant are in good terms with each other. Moreover, the matter was also compromised between the petitioner and the complainant, but yet the petitioner is now apprehending arrest in connection with t...


Jan 11 2011

New India Assurance Co. Ltd, Vs. Dharma Prakash, S/O. Vishwanath, and ...

Court: Karnataka

Decided on: Jan-11-2011

1. This appeal is by the isurer of the offending vehicle seeking reduction 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.4. Brief facts of the case as pleaded in the claim petition arc: That on 19.01.2007 when the claimant was riding on his scooter bearing registration No.CKW 2042 on or Brigade road, near Ncelgiris a car bearing registration No. KA-04-1619 came in a rash and negligent manner and dashed against his scooter and as a result he sustained grievous injuries. Hence, he filed a claim petition before 3V1ACT. Bangalore seeking compensation of Rs.6,00.000/- and the Tribunal has awarded a compensation of Rs.3.29, 800 with interest at 6% p.a. on Rs.3.19,800/-.5. As there is no dispute regarding occurrence of accident, negligence and liability of the insurer...


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