Karnataka Court January 2011 Judgments
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Shanthamma W/O Nataraj, Vs. the Managing Director K.S.R.T.C K.H.Road, ...
Court: Karnataka
Decided on: Jan-05-2011
1. There is a delay of 380 days in filing the appeal. Respondent is served and represented. No objections are filed. Considering the cause shown in the affidavit accompanying the application, though the cause is not satisfactorily explained, considering the fact that the appeal is by the claimant, seeking enhancement of compensation for the injury sustained in the accident, delay is condoned. However, claimant is not entitled for the interest on the enhanced compensation, if any, for the period of 380 days.2. This is claimant's appeal seeking enhancement of compensation against the judgment and award in M.V.C.No.549/2006 dated 2 October 2006 on the file of M.A.C.T., Bangalore.3. Claimant alleges that, she suffered grievous injury while crossing the road on 24.11.2005 at 10.30 a.m. She alleges that, a KSRTC bus bearing No KA-01-F-994 driven in a rash and negligent manner, came and dashed against her, as a result of which, she suffered grievous injury, was admitted to General Hospital Ye...
Miss. Arathi D/O R.D.Bombore, Vs. M/S the Oriental Insurance Co. Ltd. ...
Court: Karnataka
Decided on: Jan-05-2011
1. This is claimant's appeal seeking enhancement of compensation in respect of judgment and award in MVC No.5851/2006 dated 15.12.2007 on I lie file of Motor Accident Claims Tribunal. Court of Small Causes. Bangalore.2. Claimant and other three persons were travelling in a bus bearing No.KA.06 A 2299 on 29.4.2006 from Bangalore to Mysore. On account of rash, and negligent: driving of the bus by the driver, it colluded with car bearing No. KA. 13 A 472, as a result of which, claimant in this case and others sustained grievous injuries, they were admitted to the hospital and treated. It is in this regard, claimant [n this case and others sought for compensation.3. Insofar as accident and the actionable negligence and liability to pay die compensation, the tribunal has held that, the insurer is liable. Insurer has not filed appeal. The only question that arises for consideration is as to the quantum.4. Claimant suffered fracture of right mandibular angle and left parasymphysis and also la...
Sri Chandraiah @ Matada Chandraiah S/O Basaiah, and ors. Vs. the Deput ...
Court: Karnataka
Decided on: Jan-05-2011
1. Civil writ petition by persons who claim interest through their lather one Basaiah and who. it is claimed, had purchased an agricultural land to an extent of 12 guntas in Sy No 1/1B of Kadanayakanahalli village, Harihar taluk, Davangere district, in terms of sale deed dated 8-3-1995, said to have been executed by the owner of the land by name Kotramma.2. Revenue entries having been mutated in the name of Basaiah and the petitioners were happy with it. However, there were civil litigations between the parties and the fourth respondent, who had set up a competing title to the property, as devotee of Sri Kasi Vishwanatha Devara temple in the village and claiming ownership along with other villages, had filed a suit in OS No 46i of 2002 on the file of Civil .Judge (Sr Do), Harihar, impleading the petitioners as defendants. The said suit came to be decred' on 8 4-2093 in favour of the plaintiff and the petitioners-defendant had preferred RA No 30 of 2003. On the file of Fast Track Court,...
Gulabi M.GadiyA. W/O Mothilal GadiyA. Vs. Smt. V.Puttammal. W/O Late N ...
Court: Karnataka
Decided on: Jan-05-2011
1. In this writ petition, petitioner is challenging the order dated 26.11.2009 passed by the XL Addl. City Civil Jude, Bangalore City, allowing IA No. 18 filed under Order VI Rule 17 CPC2. Petitioner is the defendant before the Trial Court. The father of the respondents herein, N.Veeraswamy instituted a suit in O.S.No.4766/1986 seeking the relief of permanent injunction restraining the defendant-petitioner herein from encroaching upon the suit schedule property or putting up fence, compound and construction or making any improvement over an)' portion of the suit, schedule property bearing site No.49 measuring 30 feet x 60 feet situated at Chakravarthy Layout, Bangalore. The plaintiff - N.Veeraswamy claimed that he was the absolute owner of the residential site bearing No.49 which was formed by M/s. Chakravarthy House Building Co- operative Society Ltd., Bangalore and was sold under a registered sale deed dated 11.06.1984 in his favor as lie was a member of the said Society. Alleging th...
Sri Y.Thippeswamy S/O Late YaraguntappA. Vs. Secretary to Govt.. Labou ...
Court: Karnataka
Decided on: Jan-05-2011
1. We have beard Sri Y. Thippeswamy. Party-in-person as well as Smt. Sheela Krishna, AGA, for the State.2. We find there is no merit in this writ petition.It is liable to be dismissed for the following reasons:3. The petitioner claims to be a retired Deputy Director (Training).Departmental Employment and Training and attained superannuation on 31.10.1998. His prayer in the application before the Tribunal was to quash the proceedings of the Departmental Promotion Committee (*DPC for short) dated 12.8.2006 and to quash the consequential communication dated 23.9.2008 and also for a direction to the respondents 1 & 2 to consider his ease for promotion and to promote him retrospectively to the post of Joint Director (Training) w.e.f. 10.1.1996. The date on which Mr. A. Shivarama Holla, immediate junior to him in the seniority list had been promoted.4. The factual matrix is that in the year 1996, the question of giving promotion in the department of employment and training to the post of Joi...
Smt Kalyanamma W/O Late Dase Gowda, and ors. Vs. the Deputy Commission ...
Court: Karnataka
Decided on: Jan-05-2011
1. Change of revenue entries cannot be subject matter of examination in Article 227 of the Constitution of India proceedings, unless it is demonstrated that the exercise of the power under Section56of Section 136 of the Karnataka Land Revenue Act, 1964 [for short, the Act] has been in a very blatant manner to the detriment of one or to the advantage of the other, this court need not get active to examine all actions of revenue authorities, taken under this Act in a petition essentially under Article 227 of the Constitution of India.2. The present writ petition though is captioned as one under Article 226 of the Constitution of India, it is essentially one invoking the supervisory jurisdiction of this court under Article 227 of the Constitution of India, which is a discretionary jurisdiction and to keep in check the lower courts and the tribunals in the state within the jurisdiction of the high court.3. Petitioners' grievance appears to be that respondents i to 3 have ensured that the e...
S.Vishwanatha S/O Late SiddegowdA. Vs. State of Karnataka by Its Under ...
Court: Karnataka
Decided on: Jan-05-2011
1. The petitioner is seeking to quash Annexure-A, a Government order dated 22.4.2010 entrusting the case to the, Upalokayuktha to conduct enquiry as per Rule 14A of the KCS (CCA) Rules, in respect of trap eases. Annexure-B is the order dated 3.8.2010 passed by Upalokayuktha. Entrusting the matter to Enquiry Officer to conduct enquiry on Annexure-C Articles of charge.2. Mr. Suresh S. Joshi, learned counsel appearing for the petitioner vehemently submits that on a complaint lodged, criminal proceedings were initiated in Spl.CC No. 135/2006 as against the petitioner for the offence punishable under Section 7, 13(l)(d) r/w. Sec. 13(2) of the Prevention of Corruption Act, 1988. He submits that the said proceedings ended in acquittal. Hence the question of respondent Nos.2 & 3 initiating Departmental Enquiry would not arise. He further submits that the articles of charge as well as statement of imputations and the complaint are one and the same and that evidence having been examined by a com...
New India Assurance Company Ltd. Vs. Venkateshan S/O Srinivasan, Avd o ...
Court: Karnataka
Decided on: Jan-05-2011
B.SREENIVASE GOWDA, J.1. This appeal is by the insurance company for reduction of compensation awarded by the Tribunal.2. For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.3. The brief facts of the case: On 22.03.2007, when the deceased boy aged 3 years was standing with his mother on NH-7 near old Chandapura on the left side, a lorry bearing registration No.KA-20-1895 came in a rash arid negligent manner and dashed against the deceased boy. As a result, he died on the spot. Hence, his parents filed a claim petition before the MAC7, Bangalore seeking compensation of Rs 4/30,000/-. The Tribunal awarded them compensation of Rs. 1, 90,000/- with interest at 7% p.a.4. As there is no dispute regarding death of the deceased in a road traffic accident, negligence and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is: Whether the compensation awarded by the...
Sri B.K. Nagaraj, S/O. KrishnegowdA. Sri B.K. Nagaraj, S/O. Krishnegow ...
Court: Karnataka
Decided on: Jan-05-2011
1. In this writ petition, the petitioner has called in question the impugned award dated 6. 1.2009 in IDA No.39/2000 passed by the Labour Court at Chickmagalur, in so far as it relates to denial of continuity of service and consequential benefits.2. The petitioner was appointed as a trainee conductor on 5, It. 1907. When the petitioner was conducting the bus bearing registration No. F 340 on the route from Kyathanahalli to Hassan, the vigilance squad of the respondent corporation conducted a check and found that the petitioner has failed to issue tickets to a group of 9 passengers despite collecting fare of Rs.l.50 from each of them and he has not accounted 14 tickets of Rs.5.50 denomination each and two tickets of Rs.l-00 denomination. For this misconduct of pilferage in revenue, a show cause notice was issued and an order of penalty was passed on 13.12.1999 removing the petitioner from service. Aggrieved by this order of penalty, the petitioner raised dispute before the Labour Court ...
M/S.Vinayaka Video theater. Vs. the Principal Secretary Revenue Depart ...
Court: Karnataka
Decided on: Jan-05-2011
1. In this writ petition, the petitioner has challenged Annexure-G dated 23.6,2010 by which respondent No.2 has directed closure of the petitioner's video theatre': According to the petitioner, he is in the business exhibition of films in the name and style of "'M/s. Vinayaka Video Theater" at Chitradurga by entering into an agreement with the sister concern M/s. Valuable Media Pvt. Ltd.. On 1.8.2006 at Gandhinagar, Bangalore-9 According to the petitioner, licence dated 10.1 2002 was issued to him for exhibition of films and accordingly, he had been carrying on his business. But however Annexure-G notice dated 23.6.2010 was issued wherein he has been asked to close down the business. Hence, he has filed this writ petition.2. According to the learned counsel for the petitioner, the licence dated 10.1.2002 has been subsequently renewed every year and that without there being any justifiable reason, notice dated 23.6.2010 has been issued and he submits that the said notice be quashed and ...
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