Karnataka Court January 2011 Judgments
C.S. Parthasarathy and Others Vs. the Special Deputy Commissioner Behi ...
Court: Karnataka
Decided on: Jan-31-2011
(These Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the mutation proceedings made in M.R.No. 23/79-80 Dt Nil, passed by the 43 in so far as the Land Bearing Sy.No. 6/2 (Old No. 91) Measuring 3 Acres, 35 Gunta, situated at Katigenahalli Vikllage, Jala Hobli, Bangalore Norht (Addl) Taluk, vide Annexure G and Etc.,) Writ petitions have come up for orders regarding not taking steps in respect of 7th respondent, as notice once issued by this court to this respondent is said to have been returned unserved etc. 2. I have heard Sri R.S. Ravi, learned counsel for the petitioners, Sri Ponnanna, learned counsel for tenth respondent and Sri R. Omkumar, learned AGA, appearing for the statutory respondents 1 to 3. 3. The subject matter of these writ petitions is about the legality or otherwise of the orders passed initially by the tahsildar in MR No 23/1979-80 and following that a later mutation in MR No 1/1996-97, whereunder the revenue records under...
Tag this Judgment!M/S Lands + Gyr Limited Vs. the General Manager (Ele), Bangalore Elect ...
Court: Karnataka
Decided on: Jan-31-2011
ABDUL NAZEER, J 1. In this case, the petitioner has questioned the validity of the decision/resolution passed by the Board of Directors of the BESCOM in its meeting held on 28.8.2010 in subject No.43/2006 in so far as it relates to award of the contract against enquiry No.BCP-396/2008-09 (Tender Notification – Annexure ‘A’) dated 1.4.2008 pertaining to Single Phase 5-30 Amps Class 1 State energy meter in favour of the third respondent and for quashing the order passed by the 4th respondent dated 27.102010 (Annexure ‘R’) in appeal No.EN.198.EEB.2010. The petitioner has further sought for a mandamus or such other appropriate writ or order directing the first respondent not to accept the bid/tender submitted by the third respondent in pursuance of the tender Notification at Annexure ‘A’ and to consider the bid of the petitioner and other bidders, who have qualified in the techno commercial bid and in the price bid in accordance with law. 2. The pe...
Tag this Judgment!Sunanda and Another Vs. Bharat Naik
Court: Karnataka Gulbarga
Decided on: Jan-31-2011
Arali Nagaraj, J The petitioners in Crl.Misc.No.47/2005 on the file of the Learned District Judge, Family Court, Gulbarga (hereinafter referred to as ‘Family Court’ for short) have sought for enhancement in the maintenance awarded in their favour by the order dated 27.9.2006 passed in the said case. The Family Court has awarded sum of Rs.700/- p.m. in favour of petitioner No.1 and Rs.800/- p.m. in favour of petitioner No.2 respectively being the wife and minor daughter of the respondent. 2. Heard the arguments of Sri Veeresh B. Patil Learned Counsel for the revision petitioners and Sri R.V. Nadagouda, Learned Counsel for the respondent. 3. Learned Counsel for the revision petitioners strongly contends that despite the Family Court observing in its impugned Judgment that the respondent has been a graduate in Engineering, has taken his income at Rs.5000/- p.m. instead of taking at Rs.10,000/- p.m and therefore the amounts awarded as monthly maintenance infavour of the petitio...
Tag this Judgment!Mysore Lamp Works Ltd. Vs. Mysore Urban Development Authority
Court: Karnataka
Decided on: Jan-30-2011
1. The appellant has preferred this appeal challenging the legality and correctness of the judgment and decree passed by the Small Causes & Civil Judge (Sr.Dn.J, Mysore dated 2.8.2007 in O.S.No.751/2004. The appellant-company is a public sector undertaking of State of Karnataka. Respondent-Mysore Urban Development Authority is also a creation of the State of Karnataka under the Karnataka Urban Development Authority Act,1937. 2. Facts leading to this case are as hereunder: Mysore Urban Development Authority filed the suit to recover a sum of Rs.1,03,00, 000/- which is said to have been paid as advance for the supply of electrical materials and erection of street lights etc. to the defendant and a sum of Rs .36,87,682/- towards interest to be calculated from 24.11.2001 to 17.11.2004 on Rs . 1,03,00,000/-with interest at 12% p.a. along with notice charges of Rs.1,000/-, in all Rs.1,39,88,682/-According to the plaint aerments. in respect of two residential lay-outs formed by the plaint...
Tag this Judgment!Sri.Sachin, S/O Umesh. Vs. Naseer Ahamed S/O Abdul Razak, and anr.
Court: Karnataka
Decided on: Jan-28-2011
1. This is a claimant's appeal for enhancement of compensation.2. I have heard Sri.G.V.Narasirnha Murthy, learned counsel for appellant and Sri.Venka.tesh R.Bhagat, learned counsel for insurance company.3. The claimant. a boy aged about 10 years had suffered fracture of femur. The fracture was reduced by open reduction and internal fixation. Even after complete treatment, he has residual effects of fracture. The Tribunal accepting medical records and medical evidence given by PW.2-Dr.Abdul Basheer has awarded compensation of Rs.93.200/ under following heads:I. Medical Expenses- Rs.20,200/-II. Pain, injuries and sufferingRs.25.000/-III. Loss of future earningsRs. 18 000/-IV. Loss of amenities and enjoyment of lifeRs. 15.000/-V. Conveyance, nourishment and Attendant chargesRs. 5,000/-VI. Future medical expenses. Rs. 10.000/-TotalRs.93, 200/-4. On hearing the learned counsel for parties and on reconsideration of the matter, I am of the opinion that compensation awarded by the Tribunal tow...
Tag this Judgment!Sri.Nissar Ahmed, S/O Late Abdul Aziz. Vs. the State of KarnatakA. Rep ...
Court: Karnataka
Decided on: Jan-28-2011
1. Tills revision petition filed under Section 397 of Cr.P.C. is directed against the concurrent, judgment of the Courts below, whereby the petitioner was convicted for the offences punishable under Sections 279 and 304(A) of IPC and also under Section 134(a) (b) r/w. Section 187 of the Motor Vehicles Act.21 The PSI. Traffic East Police Station, Mangalore Piled charge sheet against the petitioner for the aforesaid offences inter alia alleging that during the intervening night of 28/29.01.2006 the petitioner being the driver of the lorry bearing registration No. KA-44-5518 drove the same in a rash and negligent manner from Karnataka Polytechnic (KPT) towards Kuntikana, Mangalore and dashed against the motor cycle bearing Registration No. 21-H-5954 which had been parked on the extreme left side of the road and as a result of the impact, one Manoj Kumar and Arnar, who were standing by the side of the said motor cycle talking to each ether, sustained grievous injuries, to which they succum...
Tag this Judgment!The Secretary to Govt Department of Education, and ors. Vs. Basavaraj ...
Court: Karnataka
Decided on: Jan-28-2011
1. The petitioners are before this Court questioning the order passed by the Tribunal granting the relief sought for by the respondents, inasmuch as their pay-has been re-fixed in the scale of Rs.1, 190-2, 200/-.2. The matter arises in the following manner: All the respondents were appointed as Drawing Teachers In the pay scale of Rs.1, 040-1, 900/- and have been working as such since then. The respondents have accepted the said pay scale and conditions of service and joined the service. The qualification for the post of Drawing Master is SSLC coupled with DTC. The respondents were appointed as Drawing Teachers with the qualification of SSLC and DTC. They have passed the examination of Drawing Master Certificate and they would contend that they were appointed as Drawing Teachers with the qualification of SSLC with the Drawing Master Certificate, The pay-scale to be fixed for such qualification would be ?1190-2200/ as per the pay scale prescribed by the Government. It appears the respon...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Smt. Manjamma, W/O. Late Mahadevaiah, ...
Court: Karnataka
Decided on: Jan-28-2011
1. This appeal is by the Insurer of the offending vehicle challenging the quantum of compensation awarded by the Tribunal.2. Even though the matter is posted in the orders list', with the consent of learned Counsel appearing for the parties, it is taken up for final disposal3. For the sake of convenience parties are referred to as they are referred to in the claim petition.4. Brief facts of the ease as pleaded in the; claim petition are: That on 22.05.2007 when deceased S Kumar D.M. was driving a Tata Sumo bearing registration No. KA-51-2337 with other co-passengers near Ashirvadam circle. Residency Road. Bangalore City another Tata Sumo bearing registration NO. KA-53-6009 came in a rash and negligent manner and hit the deceased vehicle due to which he lost control and colluded with the signal light pole and sustained severe injuries. Immediately he was admitted to NIMHANs hospital where he succumbed to injuries. His mother and brother filed a claim petition before MACT. Bangalore seek...
Tag this Judgment!M/S. Cae India Pvt. Ltd. Vs. the Commissioner of Commercial Taxes. Kar ...
Court: Karnataka
Decided on: Jan-28-2011
1. Petitioner has sought for to issue writ of mandamus or any other writ to quash Annexure 'F dated 15.01.2010 and the subsequent endorsement thereon at Annexure 'H dated 26.02.2010 rejecting the application of the petitioner.2. According to the petitioner-company, it is engaged in development of simulators required by the Defence Ministry and every contract entered into runs for more than 4-5 years: it is also registered under the provisions of Karnataka Value Added Tax Act and Central Sales Tax Act; all the activities of the company are carried on outside the State of Karnataka and hence, no tax is payable either under the KVAT Act or under the CST Act. It is the grievance of the petitioner that, many officers of the Enforcement Department inspected the premises of the petitioner-company at various points and were of the opinion that transaction of the petitioner-company is taxable under the KVAT and CST Act. But, all along the contention of the petitioner is. it is not taxable; Ulti...
Tag this Judgment!The Divisional Controller. Ksrtc. Vs. B.Krishna S/O Late Balappa GowdA ...
Court: Karnataka
Decided on: Jan-28-2011
1. In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the award dated 23.8.2005 in I.D.No.209/2000 passed by the Labour Court at Bangalore.2. Respondent is a driver in the petitioner's Corporation. On 19.1.1999, the petitioner was transferred from Depot - 2 to Depot - 4. Consequent to transfer, the respondent failed to report for duty and continuously thereafter remained unauthorizedly absent. On 23.4.1999 a call notice was issued to the respondent calling upon him to report for duty. Respondent Submitted his reply stating that he is suffering from Jaundice and that he has suffered an injury to his wrist. Thereafter, petitioner issued articles of charges, enquiry was held and on 25.7.2000 an order of dismissal came to be passed. Aggrieved by thk. order of dismissal respondent raised a dispute before the Labour Court in I.D.No.209/2000 under Section 10(4-A) of the Industrial Disputes Act, 1947 (for short 'the Act'). On the basis of pleadings,...
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