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Karnataka Court January 2011 Judgments

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Jan 05 2011

G.Sririivasa Reddy @ Srinivasa S/O Late Gopal. G.Sririivasa Reddy @ Sr ...

Court: Karnataka

Decided on: Jan-05-2011

1. This is claimants appeal seeking enhancement of compensation in respect of judgment and award in M.A.C. No 1336/2001 dated 2 September 2005 on the file of M.A.C.T.. Bangalore.2. Claimant was moving on his motor cycle bearing No CRL 3729 on 20"' December 2000 along with his friend as a pillion rider. When the motor cycle reached near Hosur road bus stop, a tempo bearing No KA 19/1991 came in a rash and negligent manner and dashed against the motor cycle of the claimant, as a result of which, he sustained injury and was treated in St. John hospital as inpatient. He was earning Rs.3.000/- per month and on account of the injury, he has become disabled. He claimed compensation of Rs.6 lakhs.3. The sard claim petition was opposed by the insurer, denying the accident and liability.4. Before the Tribunal, claimant got himself examined as PW-1 and also examined doctor as PW-2 and produced Exs.Pl to P13. The Tribunal relying on the FIR, spot mahazar. Sketch, IMV report held that the claimant ...


Jan 05 2011

D.Srinivasa, S/O Late Doddanna, and Deeepak.T.L. @ Deepu. S/O Lokeshap ...

Court: Karnataka

Decided on: Jan-05-2011

1. The petitioners are among several accused persons against whom a case is registered in Crime No. 72/2010 by the New Extension Police Station. Tumkur. For the offences punishable under Sections 143, 147. 148.307. 506, 149 of the I.P.C. and the petitioners are A-5 and A-6 in the said case.2. The case of the prosecution in short is that, when K.N. Raghava reddy and Ananda, loan recovery officers of the ICIC1 Bank, were waiting for the arrival of the car bearing No. KA-02-MD-72.16 and when the care came, they asked the car. owner to repay the loan and, at that time, around 20 to 25 persons, including the petitioners herein, came in two vehicles and started to assault the said Raghava reddy and Ananda and, following the said incident, the police registered a case based on the complaint lodged by Raghava reddy.3. The petitioners' counsel submits that though the allegation is that, around 20-25 persons assaulted the loan recovery officers, the names of the present petitioners are not to be...


Jan 05 2011

Sri Nagendra K S/O Late K Krishnaiah. Vs. Union of India Rep by Secret ...

Court: Karnataka

Decided on: Jan-05-2011

1. The petitioner has sought for a direction to consider his representation dated 21.8.2008 for being appointed to the post of Integrated Counseling and Testing Centres in short "ICTC". He has also sought for a direction to the 4th respondent to appoint, him to the post of Integrated Counseling and Testing Centres.2. It is brought to the notice of the Court by learned Government Pleader Sri. Raghavendra G. Gayatri that the selection process is already over in the year 2009 and the selected candidate is not made party to this writ petition.3. Since the selection is already over and as the selected candidate is not brought on record, this writ petition is not maintainable at the first instance. Even on merits, this Court does not find any ground to grant reliefs in favour of the petitioner.4. The records reveal that the 4th respondent i.e., Karnataka State AIDS Prevention Society, Department of Health and Family Welfare, Bangalore has published a notification inviting applications to var...


Jan 05 2011

Smt.RajammA. Vs Sri Parashurama, S/O. Late Natesh Gounder, and ors.

Court: Karnataka

Decided on: Jan-05-2011

1. This appeal is flied by the respondent against the order dated 22.8.2009 passed in R A No.495/2007 on the file of the Civil Judge (Sr.Dn.) & J M F C, at Itinerary, Shikaripura confirming the order dated 7.9.2007 passed in F D P No. 1/2006 on the file of the Civil Judge (Jr.Dn.) & J M F C, at Shikaripura allowing the F D P partly and directing the appellant to pm: the respondents in possession of the petition schedule property in pursuance of the preliminary decree passed in O S No.200/1989.2. The facts of the ease are that father of the respondents filed a suit O S No.200/89 which was decreed by declaring that the mortgage deed dated 31.1.1974 has been discharged and the mortgage is redeemed. The decree further directed the appellant to put the respondents in possession of the schedule property and pay the mesne profits. Being aggrieved of the judgment and decree, the appellant filed R A No. 14/92. Which came to be dismissed on 1.7.2002 The appellant did not prefer any second appeal...


Jan 05 2011

Vishwakala Printers. Vs. M/S.Chipper Snacker Pvt. Ltd.

Court: Karnataka

Decided on: Jan-05-2011

1. This appeal is preferred challenging the order passed by the learned Single Judge who has declined to entertain the company petition on the ground that prima facie, he is satisfied that the debt is disputed and it is not certain, and therefore no case for entertaining the Company Petition is made out.2. The appellant firm is doing business of printing and stationery, graphics materials, paper products. The respondent is a private limited company incorporated under the provisions of the Companies Act, 1956 The case of the appellant is that as per the orders of the respondent's company, they have supplied danglers on various dates total amounting to Rs.4,98,720/-, the details of which are set out in the Company Petition. The said payments had to be made within 60 days. The respondent did not make any payments inspite of several requests and reminders; ultimately, a statutory notice under Section 433 (e) of the Companies Act, 1956 was issued and was duly served on the respondent. They ...


Jan 05 2011

Mr.H.S. Seshadri, S/O. K.H. Shamaigowda and anr. Vs. Regional Providen ...

Court: Karnataka

Decided on: Jan-05-2011

1. In these writ petitions, the petitioners have prayed for a writ in the nature of certiorari to quash the order dated 30.10.2009 passed by the third respondent as per Annexure-'N' determining the dues payable by the petitioners towards Provident Fund amounting to Rs.40.24.891 /, the order dated 30.1 1.2009 as per Anuexure -'P' notice to enforce the order at Annexure-'N* and the order dated 18.12.2009 as per Annexure-'S* rejecting the review petition tiled by the petitioners.2. The respondents initiated proceedings against the petitioner under the provisions of employees Provident Fund Act. The petitioner entered appearance before the respondent-authority and the matter was adjourned from time to time. On the hearing date i.e.. On 25.9.2009 the petitioner attended and he was informed that the Presiding Officer was on leave and the next date of hearing will be intimated to them. Thereafter a notice was served on the petitioner on 15.10.2009 as per Annexure-'J' fixing the date of hearin...


Jan 05 2011

Sri. M. K. Hanumanthappa S/O KenchappA. Vs. the Deputy Commissioner Da ...

Court: Karnataka

Decided on: Jan-05-2011

1. The petitioner in this writ petition being aggrieved by the notification dated 03.02 2010 which is at Annexure-B and notification dated 24.09.2010 which is at Annexure C, has filed this writ petition seeking a direction to the respondents to retain the reservation of General category for Ward No.5 of Hallikere ward of Kanchikere Gram Penchayat in terms of Annexure-A.2. According to the petitioner, he is an elected member of Kanchikere Gram Panchayat. Harappanahalli Taluk. Davanagere District in the year 2005 and that the term of the Gram Panchayat comes to an end in mid January 2011; that the Is' respondent has issued a notification assigning the ward wise reservation of the Gram Panchayat 18.1.2010. wherein the reservations has been earmarked as per Section 5 of the Karnataka Panchayat Raj Aet, 1993. However, a corrigendum to the said notification was issued on 24.9.2010 by which there has been a change made in respect of the reservation for women with regard to Ward No.5. The said...


Jan 05 2011

K H Sarvotham. Vs. State of Karnataka by Its Secretary Revenue Departm ...

Court: Karnataka

Decided on: Jan-05-2011

1. This writ petition by a person who hod got his 2 acres of agricultural land converted for non-agricultural use, is because of the second respondent Deputy Commissioner has. in terms of the order dated 14-9-2010 [copy at Annexure-G to the writ petition] called upon the petitioner to pay a sum of Rs.2, 94,520/- said to be the difference amount of compounded fine which has not correctly been recorded at the time it was determined in terms of earlier order dated 16/21-2-2000.2. Submission of Sri Sangamesh R B, learned counsel for the petitioner, is that the petitioner has already paid the compounding fee as had been determined by the authorities even way back in the year 2000; that the present demand is over and above the same and therefore is not justifiable etc.3. An advance copy of the writ petition had been furnished to Sri R Omkumar, learned AGA, who points out that the petitioner has a statutory remedy of appeal under clause-a of Section 49 of the Karnataka Land Revenue Act, 1964 ...


Jan 05 2011

M Appachan S/O Kunhunl, Vs. State of Karnataka by Srimangala P S. Rep ...

Court: Karnataka

Decided on: Jan-05-2011

1. Heard both sides in respect of the anticipatory bail petition filed.2. Petitioners counsel submits that a case has been registered in Cr. No. 146/10 for the offence punishable under Section 379 of IPC r/w Sections 86 and 87 of the Karnataka Forest Act in connection with cutting of sandal wood trees in the estate of one Karthamada Subramani and the forest officers went to the spot after getting information from the police officials, caught hold of one accused and another person ran away. The incident happened on 24.8.10.3. Submitting that, the accused who was caught by the forest officers was said to be aged about 29 years, it is unlikely that the police officers would have failed to caught hold of the petitioner who was much older and was aged around 56 years and apart from this, the petitioner is not involved in the alleged offences and a false ease has been registered against him. Submitting that the petitioner will CO-operate with the police officers and would also offer solvent ...


Jan 05 2011

Sri Riyazulla Khan, S/O Late Vahab Khan, and Mohammed Sadiq, S/O Laet ...

Court: Karnataka

Decided on: Jan-05-2011

1. The petitioners seek bail following the trial court rejecting the bail application filed by them.2. Petitioners counsel submits that the petitioners were the persons against whom a case was registered in Cr.No 66/09 in respect of the offence punishable under section 395 of IPC, along with other accused persons as there were in all 16 persons accused in the case. The petitioners were granted bail by the trial court in CrLMisc.Nos.316/10 and 203/10 and thereafter when the case was committed to the Sessions Court for trial, once again the petitioners were asked to file bail application and the said bail application was rejected by the trial court by its order at Annexure-A.4. Submitting that, once the bail was granted by the trial court merely because the case got committed to Sessions Court, they does not require the petitioners to once again file a fresh bail application and as such, asking the petitioners to file one more bail application during the operation of the bail order grant...



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