Karnataka Court January 2011 Judgments

Sri.L.Pillappa S/O Sri.LingappA. Vs. Kum.R.Swathi D/O S.RarnaehandrA.

Court: Karnataka

1. The owner of vehicle involved in the accident has filed this appeal, interalia. Contending that the tribunal should not have fastened the liability on him, as he had sold the vehicle to one K.S.Noor much before the date of accident. It is further contended that the compensation awarded by the Tribunal is on higher side.2. I have heard Sri.K.G.Abhijit - learned counsel for appellant and Sri.N.Gopalakrishna - learned counsel for respondents.3. Regarding Liability: The appellant had filed objections before the Tribunal by contending that he was the owner of Car bearing registration No.KA-07/M-143. (Vehicle involved in the accident) and he had sold the said vehicle to one K.S. Noor on 26.10.2003. Therefore, as on the date of accident viz.. 11.12.2003 he was not the owner of vehicle and he was not liable to pay compensation. Apart from raising this contention, the appellant did not adduce oral or documentary evidence before the Tribunal. The appellant has admitted that he was the owner o...

Giri Rajappaiah Son of Rudraiah and ors. Vs. Rudradevaraiah Son of Gad ...

Court: Karnataka

1. These two appeals arise from the judgment and award dated 25.7.2005 passed by the Commissioner for Workmen's Compensation in CRN 1. 328 /2004 071 the file of Commissioner for Workmen's Compensation, Chitradurga. The appeal in MFA.No.9950/2005 is filed by the claimant seeking enhancement of compensation and appeal in MFA.No.9684/2005 is filed by the 2nd respondent insurance company in the claim petition challenging its liability to pay compensation and correctness of quantum of compensation awarded to claimant. For the sake of convenience the parties to these appeals are referred to by their rank before the Commissioner for Workmen's Compensation. 2, Brief facts leading to these appeals are as under:- Claimant driver of autorickshaw hearing No.KA-15/7078 as an employee of 1st respondent met with an accident on 24.2.2004 while he was driving said autorickshaw towards Medehalli. In the said accident, he- suffered injuries to his left hand, left wrist, right shoulder, chest, waist and t...

R.R. College of Management Studies and Computer Application Vs. the Ba ...

Court: Karnataka

1. This appeal is by the first respondent in W.P.No. 186/08 wherein the learned Single Judge of this Court by order dated 7.1.2009 has rejected the prayer of the petitioners seeking regularisation of their admission to MBA Course for the academic year 2007-08. However, directed the appellant herein to pay a sum of Rs. 25,000/- to each of the petitioners therein towards compensation within a period of two months from the date of receipt of a certified copy of the order and accordingly disposed of the writ petition. 2. The respondents 2 to 7 herein filed W.P.No. 186/08 averring that they were admitted to the college run by the appellant the study of Master of Business Administration Court for the academic year 2007-08 and they were issued the provisional admission letters as per Annexure - “A” to “A4” dated 17.8.2007, 22.8.2007, 20.8.2007, 16.8.2007 and 27.8.2007 respectively. The appellant college is affiliated to the Bangalore University. The respondents 2...

Manjunath and Another Vs. State of Karnataka by Lakshmeshwar Police St ...

Court: Karnataka

C.R. Kumaraswamy, J. 1. Crl. A. No. 2545/2008 is filed under Section 378 (1) and (3) of Code of Criminal Procedure by the State praying to grant leave against the judgment and order dated 24.04.2008 passed by the learned Sessions Judge, Gadag in S.C.No. 27/2005 thereby acquitting the accused - respondents for the offence under Section 302 of Indian Penal Code and further prays to convict and sentence the accused - respondents for the punishable under Section 302 of Indian Penal Code. 2. Crl. A. No. 2557/2008 is filed under Section 374 Code of Criminal Procedure by the appellants - accused praying to set aside the judgment of conviction and sentence for the offences punishable under Sections 304 Part II, Sections 307 and 326 read with Section 34 of Indian Penal Code passed by the learned Sessions Judge in S.C.No. 27/2005 dated 24.04.2008. 3. We have heard learned Additional State Public Prosecutor appearing for the State and learned Counsel appearing for the accused ...

The New India Assurance Company Limited, by Its Divisional Manager Ban ...

Court: Karnataka

Reported in: 2011(1)KCCR830(DB); 2011ILR(Kar)1880; 2011(4)LLN217

(Prayer: This MFA filed u/s 30(1) of W.C. 1923 against the judgment and order dated: 28.6.2005 passed in WCA/NFC/CR-30/2003 on the file of the labour officer and Commissioner for Workmen’s Compensation, Sub-Division-6, Bangalore, allowing the application and awarding compensation of Rs.5,05,100/- with interest at 12% and directing the appellant herein to deposit the same.) 1. This case is a classic example to show how the powers granted to the Commissioner for Workmen’s Compensation under the provisions of the Workmen’s Compensation Act, 1923 can be mis-used while awarding compensation in respect of non-schedule injuries. 2. This appeal is preferred by the Insurance Company challenging the legality and correctness of the order passed by the Commissioner for Workmen’s Compensation, Bangalore in case No.WFA/NFC/CR-30/2003 dt.28.6.2005 wherein a compensation of Rs.5,05,106/- has been awarded with interest at 12% p.a. 3. The facts leading to this case are as hereund...

Anand S/O Krishnappa , Vs. State of Karnataka by R T Nagar Police Bang ...

Court: Karnataka

1. Heard both sides in respect of the bail petition filed u/s 439 of Cr.P.C following the case registered against the petitioner in respect of the offence punishable under section 302 of IPC.2. The case of the prosecution in short is that, the petitioner herein married deceased Neelamma As she was his second wife and due to quarrel between the couple and the deceased having refused to get the pregnancy aborted, and following the birth of a girl child to the deceased, the petitioner was bent upon taking revenge against the deceased Ana he even threatened her by saying, to give away the child to somebody or else he would kill her and the petitioner also tried to kill the child. With this background, on 6.4.10 when the brother of the deceased viz. Vishnu was passing through the house of the deceased, he heard some galata going on between deceased and the petitioner at around 1.30 p.m. and the said brother went away. But, however, as the window of the house was found open, the brother peep...

Air force school parent's welfare association, And Ors. Air force scho ...

Court: Karnataka

1. In all these writ petitions the respondent - schools are situated in different parts of Karnataka and they are affiliated to Indian Council for Secondary Education (ICSE) or Central Board of Secondary Education (CBSE) syllabus. The petitioners in W.P. No.34192/2009 and W.P. No. 15296/2009 arc the parents and parent's associations of the students studying in the respondent schools. The parents and parent's associations are before this Court questioning the hike in school fee made by respondent schools unties the impugned circulars, letters of intimation etc as arbitrary, unilateral, unjust and illegal.2. The petitioner in W.P. No. 24654/2005 is an employee of respondent No. 3 school controlled and managed by respondent No.2. The petitioner in this petition contends that office of Principal of the respondent school become vacant on account of retirement of the then principal on 31.05.2005. In anticipation of the vacancy of Principal post respondent No. 2 invited applications from elig...

Girish S/O K. Kempaiah, Vs. State of KarnatakA.

Court: Karnataka

1.The petition is one of the seven accused persons-against, whom case is registered in Cr. No.385/09 for the offences punishable under sections 143, 147, 148, 302, I20-B r/w 149 of IPC in connection with death of one Sandeep.2. Submission of the petitioner's counsel is that, this petitioner is accused No.2 and his name is t not mentioned in the eye Harnesses statement and no overt act is alleged against him. But all the eve witnesses speak that, the other accused persons viz., Chakli, Gowda, Sunil, Kumar and Setu are the persons who assaulted Sandeep with long and knife. The reason for the assault was due to enmity between the accused group and the deceased group. Referring to the grant of bail to accused No. 1 by this court, learned counsel sought for similar relief to. The present: petitioner also.3.Though learned Addl. S.P.P for the State opposed grant: of bail on the ground that all the accused are involved in causing death of Sandeep and name of the petitioner also finds a place i...

Nagaraju @ Dol Nagaraj, S/ O Hanumaiah, Vs. State of KarnatakA. Kolleg ...

Court: Karnataka

1. Heard both an idea in respect of the bail petition filed by accused No. 5, against whom a case is registered in Cr.No.236/ 10 for the offences punishable under Sections 143, 144, 148, 302, 201 r/w 149 of IPC by the Kollegala Rural Police.2. Case of the prosecution in short is that, the complainant's daughter one Susheela was given in marriage to accused No.1 Naga @ government and as the said accused No.1 was not taking care of the daughter property, the complainant brought her back to his house end this was the reason for accused No.1 to have enmity against the complainant's family. With this background, at about 1 and half months prior to the date of the complaint, the son of the complainant by name Manjunath was seen going along with accused Nos. 1 to 4 towards outside the village and thereafter, Manjunath did not return home. However, on 02, 10.2010, it was revealed that the dead body was lying in the tank, which was near the machine room to be that of Manjunath and his hands and...

Smt. Dhanalakshmi W/O. Late ByrappA. Vs. Bruath Bangaluru Mahanagara P ...

Court: Karnataka

1. In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the endorsement dated 22.01.2008 issued by respondent No. 2 as per Annexure K rejecting the claim of petitioner for appointment on compassionate round.2. The petitioner contends that her husband Byrappa was working as a Gangman in respondent No. 1 Bruhat Bangalore Mahanagara Palike (for short The Mahanagara Palike') and he died on 24.06.2005. This Court in W.P. No. 18905/2007 disposed on 03.12.2007 directed the petitioner to comply the demand made by the respondents in their communication dated 15.11.2005 and 08.11.2005 by producing necessary documents. Accordingly the petitioner produced certain documents and requested the respondent Nos. 1 and 2 to consider her claim. Under the impugned endorsement the respondent Nos. 1 and 2 have rejected the claim of petitioner. Hence this writ petition.3. Heard arguments on both the side and perused the entire writ papers.4. At the time when the peti...