Karnataka Court January 2011 Judgments
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Dr. Narasimha Murthy S/O.Late Kempe Dasappa, Vs. the Chairman Karnatak ...
Court: Karnataka
Decided on: Jan-05-2011
1. The petitioner has sought for quashing the orders Annexures-A and B passed by 1st and 2nd respondent dated 25.03.2009/4.4.2009 and 10.6.2008 respectively. Certain other consequential reliefs are also sought for by the petitioner.Third respondent though served has remained absent.2. The records reveal that the service of petitioner and 3rd respondent were regularised on the very day i.e. on 19.10.2006 as per the orders Annexures-G and H by 1st and 2nd respondent to the post of Assistant. Both were accorded same pay scale, as is clear from the appointment orders. Petitioner is continued as an Assistant till this day, whereas, the post of the 3rd respondent is upgraded as Assistant Accounts Officer. As per the order Annexure-B dated 10.6.2008, the 3rd respondent is accorded higher pay scale. The order Annexure B is questioned by the petitioner before the Appellate Authority. The Appellate Authority has directed to maintain status-quo till such time the decision of the Lokayuktha is del...
Sri Chikkanna S/O Late Chikkarangaiah. Vs. the Principal Secretary Wom ...
Court: Karnataka
Decided on: Jan-05-2011
1. The appellant was employed as an Assistant Master in D.D. High School, run by the Indian Red cross Society, temporarily up to the end of the academic year 1990-91. on a consolidated salary of Rs.400/- per month. On the expiry of the aforesaid tenure of employment, the appellant was reinstated into service against an existing vacancy vide an order dated 08.07.1999.2. Having appointed the appellant by the aforesaid order dated 08.07.1999, the case of the appellant was sent for approval to the State Government. In furtherance of the consideration of the claim of the appellant, the Sate Government passed two orders dated 28.11.2001 and 30.08.2001. Whereupon, the Department for Welfare of Physically Handicapped issued an order dated 10.01.2002 relying on the aforesaid two orders, the Department for Welfare of Physically Handicapped, approved the appointment of the appellant as Assistant Master with effect from 01.01.2002. It is therefore apparent, that not only the State Government, but ...
Mr. Annayya Pathri S/O KamparA. Vs. Shree Dev Transports Prop. M.S.Gan ...
Court: Karnataka
Decided on: Jan-05-2011
1. This is claimants appeal seeking enhancement of compensation in respect of judgment and award in M.V.C.No.853/2007 dated 30th May 2008 on the file of M.A.C.T., Udupi.2. Claimant suffered an injury in a road accident that occurred on 6.6.2007 at about 06:15 hours. It is alleged that he was travelling in a bus bearing registration No.KA-09/M-9469 from Udupi towards Yerrnal. When the bus reached near Pangala bridge on N.H.17 of Uligargoli village, on account of the rash and negligent driving of the bus by its driver, it collided with the another bus bearing No.KA-I9/B-6156. as a result: of which, the claimant suffered grievous injury and admitted to the hospital.3. The claim petition was resisted by the insurer. However, the Tribunal on the basis of the evidence found that the claimant has established the accident and has also established that the actionable negligence on the part of the respondent: - driver and further held that, the claimant is entitled for compensation,4. Insofar as...
Smt. Vanitha M. @ HonnammA. Vs. Shree Dev Transports Prop. M.S.Gandhi ...
Court: Karnataka
Decided on: Jan-05-2011
1. This is claimant's appeal peeking enhancement of compensation in respect of judgment and award in M.V.C.No.862/2007 dated 30th May 2008 on the file of M.A.C.T. Udupi.2. Claimant suffered an injury in a road accident that occurred on 6.6.2007 at about 06:15 hours. It is alleged that she was travelling in a bus bearing registration No.KA-09/M-9469 from Udupi towards Yermal. When the bus reached near Pangala bridge on N.H.17 of Uligargoli village, on account of the rash and negligent driving of the bus by its driver, it collided with the another bus bearing No. KA- I9/B-6156, as a result of which, the claimant suffered grievous injury and admitted to the hospital.3. The claim petition was resisted by the insurer. However, the Tribunal on the basis of the evidence found that the claimant has established the accident and has also established that the actionable negligence on the part of the respondent - driver and further held that the claimant is entitled for compensation.4. The evidenc...
M/S. Bajaj Allianz General. Vs. Nagesh Rao. S, S/O. Late N Sham Rao, a ...
Court: Karnataka
Decided on: Jan-05-2011
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 01/02.07.2007, when the claimant was travelling as a passenger in a Tempo Traveller bearing registration No.KA-04-AC-3609 near Hosakkipalya gate on NH 4vS road, Beilur Hobli, Nagamangala Taluk due to the rash and negligent driving of the same by its driver it met with an accident and the claimant sustained injuries. Hence, he filed a claim petition before the MACT, Bangalore, seeking compensation of Rs.4, 00,000/-. The Tribunal by impugned judgment and award has awarded compensation of Rs.60, 000/-with interest at 6% p.a. 5. As there is no dispute regarding occurrence of accident, neglig...
Sri C.P.K. Nair, S/O Late K.P. Nair. Vs. Sri L. Subaraju, S/O N. Laksh ...
Court: Karnataka
Decided on: Jan-05-2011
1. This appeal is directed against the judgment and decree, dated 29.8.2007 passed by the VII Additional City Civil Judge, Bangalore (CCH-19) in O.S.No.5852/04.2. The facts of the case in brief are that the respondent claiming to be the recorded owner of the suit schedule property filed the suit seeking the relief of permanent injunction restraining the appellant - defendant from interfering with the peaceful possession and the enjoyment of the suit schedule property by the respondent. The appellant filed an elaborate written statement denying the claims of the respondent; the appellant claims to be the agreement holder in respect of the property in question. On considering the rival pleadings, the Trial Court formulated the following issues:1, whether plaintiff proves that he is in possession of suit schedule property?2, whether plaintiff proves alleged obstruction?3, whether plaintiff is entitled for any relief?4. What Order? What decree?3. The respondent examined himself as PW1 mark...
New India Assurance Company Ltd. Vs. Venkateshan and ors.
Court: Karnataka
Decided on: Jan-05-2011
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 On 22.03.2007, when the deceased boy aged 3 years standing with his mother on NH-7 near old Chandapura cm 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 Tribunal is just and reasonable or does it call fo...
Phonographic Performance Ltd. Vs. Dream Merchants Events and Entertain ...
Court: Karnataka
Decided on: Jan-05-2011
1. This appeal, is directed agalast the order dated 28.1.2010 in OS No.469/2010 passed by the 18th Additional City Civil Judge, Bangalore on I.A.2 filed under Order 39 Rules 1 and 2 CPC. 2. Appellant is the plaintiff and respondents are the defendants before the Trial Court. In this judgment for convenience the parties are referred so their status Bangalore the Trial Court. 3. Plaintiff is a company registered under the provisions of Companies Act, 1956. Plaintiff is also a registered copyright society under the provisions of Copyright Act. 1957. The Government of India has also issued a certificate of registration in favour of the plaintiff under Section 33 of the Copyright Act. 1957. As many as 179 music companies are the members of the plaintiff - society. The members of the plaintiff -society have entered into agreement with the plaintiff - society assigning or authorizing their rights- in the sound recordings in favour of plaintiff -society. Under the provisions of Copyright Act t...
Munnu Bai, Bangalore and Others Vs. M/S. B and B Infrastructure Ltd., ...
Court: Karnataka
Decided on: Jan-05-2011
(Prayer: This CRP filed under Sec.115 of CPC, filed against the order dated 18-10-2010 passed OS.5146/2010 on the file of the XXXVII Addl. City Civil and Sessions Judge, Bangalore allowing the I.A.3 filed u/s 8 of arbitration and conciliation act.) 1. Petitioners herein have called in question the order dated 18.10.2010 in O.S.5146/10 (on I.A.III) filed under Section 8 of the Arbitration and Reconciliation Act, 1996, whereby the learned trial judge has referred the dispute between the parties for arbitration. 2. Heard Sri S. Srivatsa, learned senior counsel representing the petitioners and Sri Sreenidhi for the contesting respondent. 3. Before adverting to the contentious issues raised, legal and factual, urged by the learned counsel on both sides, a brief reference to the factual matrix would be necessary. It is: a) Petitioners claim to have transacted with M/s B and B Infrastructure Limited, a company registered and incorporated under the Companies Act, 1956, (hereinafter referred to...
G. Mallikarjuna Vs. G. Thippamma
Court: Karnataka Dharwad
Decided on: Jan-05-2011
Venugopala Gowda, J Alleging desertion by the wife, the appellant-husband approached the Matrimonial Court under Section 13(1)(i-b) of the Hindu Marriage Act, 1955 (for short ‘the Act’), praying for dissolution of his marriage with the respondent by granting a decree of divorce. By the impugned order, the Trial Court has dismissed the petition. The husband is in appeal, impugned the judgment and order passed by the Matrimonial Court. 2. The marriage between the parties took place in 1971 according to Hindu rites and customs. They have, five daughters and a son, born out of the wedlock. The husband alleged that, for more than two years, his wife has not joined him at the place of his permanent residence and/or the places of his posting. There is allegation made against the wife in respect of the property and money matters. There is also an assertion that, panchayath was held to bring back his wife, for staying with him, but she refused to do so. After serving a notice, the a...
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