Karnataka Court January 2011 Judgments
Smt.RoopA.H.G D/O GaddiyappA. Vs. United India Insurance Co. Ltd, and ...
Court: Karnataka
Decided on: Jan-28-2011
1. This is a claimant's appeal for enhancement, of compensation.2. Though the matter is listed for admission, with the consent of learned counsel for parties, the matter is taken up for final disposal.3. I have heard Sri.G.V.Narasimha Murthy, leanred counsel for claimant and Sri.Ravish Benni, learned counsel for insurance company.4. The Tribunal accepting the medical records and medical evidence has held that the claimant had suffered fracture of superior and inferior left public rami and also injuries to his head. The claimant was treated as an inpatient from 18.5.2008 to 29.5.2008 in KIMS Hospital at Bangalore.5. At the time of accident, the claimant was aged about 18 years and she was a tailor by occupation. The Tribunal has awarded compensation of Rs.60.000/-under following heads:I Medical expenses, conveyance. Nourishment and attendant charges- Rs. 6.000II Pain, injuries and suffering- Rs. 12,000III Loss of future earnings- Rs. 15.000IV Loss of amenities and enjoyment of lifeRs. 8...
Tag this Judgment!Sri K.Adinarayana Gupta S/O K.Venkatappa, and anr. Vs. K.Sudakara S/O ...
Court: Karnataka
Decided on: Jan-28-2011
1. This petition under Section 19(4) of the Family Court Act is directed against the order dated 04-08-2010 in C.Misc.No.I16/2009 on the file of learned III Additional Principal Judge at Bangalore dismissing the petition for default.2. The petitioner No.1 is party in person. The respondents are served but unrepresented. 3. Heard.4. The contextual facts are: The petitioners (parents) filed an application under Section 125 Cr.P.C. before the trial Court In C. Misc. No. 116/2009 seeking an order to direct the respondents, their sons to pay to them Rs.20,000/- per month for each of them and a sum of Rs. 1,50,000/- towards medical treatment and other basic expenses In response to the notice of the petition the respondents entered appearance and resisted the petition.5. The ca-:,e of the petitioners was that they had sacrificed their life to bring up their children (respondents) who are their sons, providing best education and comfort in life and they grew up ':o be able citizens. The relent...
Tag this Judgment!Kalavathi Bai W/O.Late.Ganesh Singh, and ors. Vs. Neela Bayamma D/O La ...
Court: Karnataka
Decided on: Jan-28-2011
1. This second appeal is by the unsuccessful defendants assailing the judgment in R.A.172/07 dated 11.2.2008 on the file of Principal District and Sessions Judge, Kolar, confirming the judgment and decree in O.S.100/05 on the file of Civil Judge, (Junior Divn.), Kolar.2. The appeal is posted for admission after notice to the respondents who are served but unrepresented.3. From what is urged by the learned counsel for the appellants and also from the records, it is manifest that respondents herein namely, Neela Bayamma and Anush Bayamma field a suit seeking partition of the immovable properties described in the schedule for assignment unto them l/3rd share on the plea that the schedule property was purchased by Ram Singh who died intestate 15 years prior to the filing of the suit He left behind surviving him his wife-Munna Bayamma, son-Ganesh Singh and two daughters viz., Neela Bayamma and Anush Bayamma (plaintiffs) to succeed to his estate.4. For ten years, the surviving heirs of Ram S...
Tag this Judgment!Sri.Aralumalligappa, S/O Channappa, and ors. Vs. the State of Karnatak ...
Court: Karnataka
Decided on: Jan-28-2011
1. Heard Sri. C.S. Hiremath, learned counsel appearing for the petitioners. Perused the judgment of the Courts below.2) The petitioners were Accused Nos. 1 & 2 in C.C. No. 170/2004 on the file of the Civil Judge (Jr.Dn.) and JMFC. Nelamangala. They were charged for the offences punishable under Sections 457 & 380 of IPC inter alia on the ground that: during the night hours of i6.01.2003. within the limits of Tyamagondlu Police Station near Doddabele Railway Station, Accused Nos.1 & 2 committed lurking trespass into the shop house of PW.1 Lingappa Shetty by opening door and committed theft; of silk saree. gold drops and silver articles worth Rs.7,000/-.3) The petitioners pleaded not guilty for the charges levelled against them. The learned Magistrate on assessment of oral as well as documentary evidence, by the judgment and order dated 19.02.2007 held petitioners guilty of the charges levelled against them and convicted them for the said offences. The petitioners were sentenced to under...
Tag this Judgment!Kamalamma W/O Late Sri.Rangaswamy, and ors. Vs. Sri.Y.C.Shankaranaraya ...
Court: Karnataka
Decided on: Jan-28-2011
1. This is a claimants' appeal for enhancement of compensation.2. I have heard Sri.Anand R.B learned counsel for appellant and Smt.H.C.Lokeshwari, learned counsel for insurance company.3. The claimants have filed this appeal for enhancement of compensation for the death of one Rangaswamy @ Thippeswamy who died in a motor vehicle accident on 29.6.2008.4. As per the records made available by the claimants, the deceased was aged about 43 years at the time of accident. Therefore, in terms of judgment of the Supreme Court in the case of Sarin Verma and others v. Delhi Transport Corporation and another, the appropriate multiplier would be 14'.5. The claimants had contended that the deceased was working as Security Guard and his salary was Rs.8,000/ per month however, salary certificate of deceased was not produced. The Tribunal taking into consideration the age, ability of deceased has taken his income at Rs.4,500/- per month and deducted 1/3rd of his income towards personal and living expen...
Tag this Judgment!Smt Nalina Navaneesh, and ors. Vs. the State of Karnataka Represented ...
Court: Karnataka
Decided on: Jan-28-2011
1. Sri.D.L.Jagadish, learned counsel for the petitioners. Sri.Basavaraj Kareddy. learned Principal Government Advocate for respondent Nos.1 to 5. Sri.S.G.Pandith, learned counsel lor respondent No.6.2. The instant writ petitions same to be filed in April 2010 with the following prayers; "WHEREFORE the petitioners pray that this Honble Court may be pleased to:-a) Issue a writ of mandamus or any oilier writ, order or direction directing the respondents to allocate and release the required funds for the purpose of implementing the decision taken on 22.02.2007 by the respondent No.1 to shift the Rajiv Gandhi University of Health Sciences and setting up multi specialty hospitals and allied buildings in a Archakarahalli of Ramanagara District:b) Issue a writ of mandamus or any other writ, order or direction directing the respondent No.1 to go head with the aforesaid project immediately;c) Grant such other and further reliefs as are just, including the costs of this petition."3. On notice bei...
Tag this Judgment!Mr. Farshad Moaddel Shahidi, S/O Mohammad Foad. Vs. the State of Karna ...
Court: Karnataka
Decided on: Jan-28-2011
1. In this writ petition, petitioner is seeking a direction to the respondent-authorities hot to arrest him so as to secure his presence for his departure from India based on the communication dated 16 3 1.2010 Armexure-F issued by the concerned officer of the Government of India.2. Annexure-F - communication is addressed by the officer of the Ministry of Home Affairs. Government of India (Foreigners Division) to the Foreigners Regional Registration Officer, Bureau of Immigration. Government of India. Ministry of Home Affairs, Bangalore, informing him about the overstay of the petitioner who is holding Passport No.B-4738629 with registration certificate NO.50/BC/IRAN/2000.3. Petitioner is an Iranian national. He has come to India to prosecute his studies in Bachelor of Dental Science (for short, 'BDS'J. As per the petition averments, he came to India with a student's visa in the year 2000. He was holding student's visa given on 29.09.2000 having validity period of 5 years. According to...
Tag this Judgment!Sri V.Ramesih. S/O. Late Venkatappa, and anr. Vs. Registrars of Societ ...
Court: Karnataka
Decided on: Jan-28-2011
1. Learned Government. Pleader is directed to take notice for respondent No. 1.2. In these writ petitions, petitioners are seeking a writ in the nature of mandamus directing the 2nd respondent to consider the direction, issued by the 1st respondent on 20.01.2011 vide Annexure-E and to allow the qualified and eligible persons belonging to Bhovi caste to get themselves enrolled as Members of the 2nd respondent - Society.3. It is the case of the petitioners that the 2nd respondent is a registered Society consisting of Members belonging to Bhovi Caste established for the purpose of development of the temples, buildings, choultries and to perform festivals, poojas, bajans, etc. in relation to Bhovi Community. The 2nd respondent has about 50 Members. The allegation of the petitioners is that the present. Secretary is managing the affairs of the Society for the last 30 years and has been ensuring that persons close to him are only in the helm of affairs in charge of the Managing Committee. Th...
Tag this Judgment!Sri B.Umeshappa S/O.Late Basavanappa, and ors. Vs. State of Karnataka ...
Court: Karnataka
Decided on: Jan-28-2011
1. Respondent Nos. 6 to 11 sought regularization of their alleged possession over Kharab lands. This claim made on behali of Respondent Nos. 6 to 11 was declined by the Committee of Regularization headed by Tahsildar. Shikaripura Taluk. Shimoga District.2. Aggrieved by the order passed by the Regularization Committee, Respondent Nos. 6 to 11 preferred an appeal to the Assistant Commissioner, Sagar Sub-Division, Sagar, Shimoga District. The appellate authority, remanded the matter back to the Regularization Committee for reconsideration.3. The petitioner believed, that the claim made by Respondent Nos. 6 to 11 for regularization of their alleged unauthorized possession is wholly misconceived. It is therefore, that the instant writ petition came to be filed in public interest.4. The facts narrated hereinabove, reveal, that Respondent Nos. 6 to 11 have not been favored with any order of regularization as of now. The claim raised by the petitioners through the instant public interest litig...
Tag this Judgment!The Divisional. Controller Karnataka State Road Transport. Vs. Shajk N ...
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 7.6.2005 in LD.No.44/2001 passed by the Labour Court at Bangalore directing the reinstatement of respondent with continuity of service and without back wages.2. Respondent was working as a Conductor in the petitioner's corporation. On 8.8.1998 when the respondent was conducting the bus on the root from Byatha to City Market, Bangalore, the checking squad of the Corporation conducted the check and found that the respondent has neither collected nor issued tickets to 7 passengers of denomination of Rs.3/- each. For this misconduct in pilferage in revenue, articles of charges were issued, enquiry was held and on 24.3.2001, an order of dismissal came to be passed. Aggrieved by this order of dismissal, the respondent raised a dispute before the Labour Court under Section 10(4-A) of the Industrial Disputes Act, 1947 (for short the Act'). On the basis of pleadings, the labour Cou...
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