Karnataka Court November 2011 Judgments
Ritesh Vs. the State of Karnataka
Court: Karnataka Gulbarga
Decided on: Nov-19-2011
Aravind Kumar, J 1. These petitions are disposed off by a common order since the respondent/ complainant has filed complaint under section 200 Cr.P.C, 1973 against the respondents before the Jurisdictional Court to take cognizance of offence alleged against the respondents and on such complaint being filed, Trial Court having taken cognizance and issuing summons to the petitioners, they are before this court urging common and identical grounds in all these petitions. 2. Respondent herein i.e., Drug Inspector lodged a complaint under section 200 Cr.P.C. against nine accused persons out of whom five i.e., A-2 to A-6 are the present petitioners, alleging that accused persons have committed offence punishable under Sections 18 (a) (i) and 27 (d) of Drugs and Cosmetics Act, 1940 and to take cognizance of same. 3. Gist of complaint is: A-1, M/s. Bright Drug Industry Limited is manufacturing drugs after obtaining necessary license in this regard and Assistant Drugs Controller and Drug Inspect...
Tag this Judgment!H.N. Suryanarayana Vs. Canara Bank
Court: Karnataka
Decided on: Nov-18-2011
(This writ petition is filed under Article 226 of the Constitution of India praying to quash the order dated 13.3.2007 (under Annexure-G to the writ petition) passed by the respondent and direct the respondent to pay to the petitioner all the terminal benefits such as provident fund, gratuity, leave encashment etc., together with interest at 15% per annum from 6.3.2007 till date of payment and also issue him an order of relief relieving him from the services of the Bank at the end of office hours on 5th March 2007 as mandated by para 522(2) of the Sastry Award.) Heard the learned counsel for the petitioner and the learned counsel for the respondent. 2. The facts are as follows:- The petitioner was working as a Clerk in the services of the respondent-Bank. The petitioner is said to have issued a notice of resignation dated 31.1.2007 whereby it was indicated that he be relieved from the services of the Bank at the end of Office hours on 5th March 2007. This according to the petitioner wa...
Tag this Judgment!The Mysore Paper Mills Workers Association, Bhadravathi Rep. by Its Se ...
Court: Karnataka
Decided on: Nov-18-2011
(This W.P. is filed under Articles 226 and 227 of the Constitution of India praying to call for the records as per Ann-A, Dt.18.11.05 passed by the respondent and as per Ann-D, Dt.24.06.2010, on the file of the Residing Officer, Labour Court, D.K., Mangalore, Camp at Shimoga, in MA No.7/06 and set aside the same by way of Writ of certiorari and etc.) Petitioner, a trade union having its registered office at No.357, 3rd Cross, Suragithopu, Bhadravathi, Shimoga District, when registered under the Trade Unions Act, 1926, for short ‘the Act’, was issued with a certificate of registration on 18/1/1995. The respondent-Assistant Labour Commissioner, it is alleged, by order dt. 18/11/2005 cancelled the registration without intimation. Petitioner having come to know of the cancellation on 24/5/2006, preferred M.A.No.13/2006 before the District and Sessions Judge, Shimoga, invoking Sec.11 of the Act r/w Regulation 12 of the Karnataka Trade Union Regulations, 1958, for short ‘th...
Tag this Judgment!Ravikumar and Another Vs. Smt. K.S. Saroja and Others
Court: Karnataka
Decided on: Nov-18-2011
(Prayer: Criminal Contempt of Court case is initiated under Section 15(1) (b) of the contempt courts Act, 1971 praying that this Hon’ble Court may be pleased to initiate contempt proceedings against the accused persons and to convict them in accordance with 15(1) (b) of the contempt Act, 1971). 1. The plaintiffs in O.S.No.2080/2010 are the complainants in this contempt petition presented under Section 15(1)(b) of the Contempt of Courts Act, 1971 arraying accused Nos.1 and 2 as the defendants in the suit. The suit is one for specific performance of an agreement dated 30.01.2010 for conveying the suit schedule property bearing No.626/25 measuring East to West 50 feet (15.25 mtrs) and North to South 30 feet 99.14 mtrs. ) totally ad measuring 1500 sq.feet (153.19 mtrs.) with 10.00 squares building situated at 1st A Main Road, VIII Block, Jayanagar, Bangalore formed by City Improvement Trust Board, Bangalore. 2. The defendants have been described as the owners of the schedule property...
Tag this Judgment!Lakshmamma Vs. Ismail Shariff and Others
Court: Karnataka
Decided on: Nov-18-2011
(Prayer: This MFA is filed U/S 173(1) of MV Act, against the Judgment and Award dated: 17/09/2007 passed in MVC No. 1281/2004 on the file of the Pr1. Civil Judge (Sr.Dn) and JMFC, Srirangapatna, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. This appeal by the claimant is directed against the judgment and award dated 17th September 2007, passed in M.V.C. No. 1281/2004, by the Principal Civil Judge(Sr. Dn) and JMFC, Srirangapatna, (for short, ‘Tribunal’) for enhancement of compensation on the ground that, the compensation of `6,23,600/- with interest @ 6% p.a. awarded in favour of the claimant as against her claim for `10,55,000/-, is inadequate. 2. The appellant claims to be aged about 26 years and was hale and healthy prior to the date of accident. That at about 4: 30 P.M. on 17.04.2004, when the appellant was traveling in a Maxi cab bearing No.KA-12/2508 from Srirangapatna to K.Bettahalli, near PSSK Sugar Factory, Pandavap...
Tag this Judgment!M.N. Gurumurthy Reddy @ M.N. Gurumurthy and Others Vs. Land Acquisitio ...
Court: Karnataka
Decided on: Nov-17-2011
(This Review Petition is filed under Order 47 Rule 1 of CPC praying for review of the order dated 17-03-2006 passed in MFA no.576/2003. This Review Petition is filed under Order 47 Rule 1 of CPC praying for review of the order dated 17-03-2006 passed in MFA no.824/2003 (LAC). This Review Petition is filed under Order 47 Rule 1 of CPC praying for review of the order dated 17-03-2006 passed in MFA no.583/2003. This Review Petition is filed under Order 47 Rule 1 of CPC praying for review of the order dated 17-03-2006 passed in MFA no.580/2003. This Review Petition is filed under Order 47 Rule 1 of CPC praying for review of the order dated 17-03-2006 passed in MFA no.584/2003. This Review Petition is filed under Order 47 Rule 1 of CPC praying for review of the order dated 17-03-2006 passed in MFA no.575/2003. This Review Petition is filed under Order 47 Rule 1 of CPC praying for review of the order dated 17-03-2006 passed in MFA no.577/2003. This Review Petition is filed under Order 47 Rul...
Tag this Judgment!Ezhil Vannan and Another Vs. Anandkumar and Others
Court: Karnataka
Decided on: Nov-17-2011
(Prayer: This MFA is filed U/Section 173(1) of MV Act against the judgment and award dated: 19/03/2010 passed in MVC No.3965/2007 on the file of the 14th Addl. Judge, Court of Small Causes, Member, MACT, Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. These two appeals by the claimant and the Corporation are arising out of the same judgment and award dated 19/03/2010 passed in MVC No.3965/2007 on the file of the 14th Additional Judge, Court of Small Causes and Member, Motor Accident Claims Tribunal, Bangalore, (hereinafter referred to as ‘Tribunal’ for short). 2. The Tribunal by its judgment and award, has awarded a sum of Rs.7,25,310/- with interest at 8% p.a., from the date of petition till the date of deposit as against the claim made by the claimant for a sum of Rs.2,71,10,000/-, on account of the injuries sustained by him in the road traffic accident. 3. In brief, the facts of the case are; The claimant was ag...
Tag this Judgment!Ms.Kanoria Industries Ltd. Vs. Ms. Bharat and ors.
Court: Karnataka
Decided on: Nov-16-2011
1. All these revision petitions are by the complainant in each of these cases instituted a private complaint under Section 200 Cr.P.C. In each of these cases complainant has contended the accused having committed offence under Section 133 of the N.I.Act. For clarity and brevity, the facts in one case are taken up for narration. Crl.RP.2258/09 arise out of a proceeding initiating by the complainant in CC No.26/2003. 2. The facts of the case in CC No.26/2003 are as under:- Complainant is Public Limited Company, it is engaged in manufacturing and sale of cement. The accused is a dealer, in the said transaction has issued a cheque bearing No. 0041700 dated 30/9/2002 for a sum of Rs.41,000/-. The cheque was of Vijaya Bank, Nallur. The cheque was presented for encashment through Syndicate Bank, Bagalkot, the cheque returned with an endorsement of insufficient funds through Tungabhadra Grameen Bank Ltd. So a notice is issued calling upon the accused to pay ihe money, there being no responsibl...
Tag this Judgment!Muniyappa and Others Vs. the Special Land Acquisition Officer for Rail ...
Court: Karnataka
Decided on: Nov-16-2011
(Prayer: This CRP filed under Sec.115 of CPC, filed against the Judgment and orders dated 16.03.2011 passed in LAC.136/2004 on the file of the II-ADDL. City Civil and Sessions Judge, ?Bangalore, Rejecting the petition filed U/SEC.18(3)(b) and U/SEC 28(3) of land Acquisition Act.) 1. Legal heirs of Narasappa and one Muniyappa whose lands were compulsorily acquired are in revision against dismissal of the petition under Section 28-A of the Land Acquisition Act (hereinafter referred to as the Act, for brevity) by order dated 16.2.2011 in LAC.136/02. 2. Heard. 3. The contextual facts are: a) By preliminary notification dated 13.9.1972, land bearing Survey No.88/25 measuring 2 acres of Nallakadirenahalli village, Yeshwanthpur Hobli, Bangalore North Taluk, was proposed for acquisition. The process of acquisition resulted in final notification dated 26.5.1973 and award came to be passed on 30.1.1980, copy of which was served on 22.11.1980. Possession was taken on 3.9.1973. b) In this manner, ...
Tag this Judgment!B. Jayarama Shetty Vs. Biviyas Finance and Leasing Ltd., Rep. by Its D ...
Court: Karnataka
Decided on: Nov-16-2011
(This Criminal Revision Petition is filed under Section 397 Cr.P.C praying to set aside the order and sentence dt.13.7.2007 passed by the Addl. Civil Judge (Jr.Dn.) and JMFC., Kundapura in C.C.No.1705/2001 and the judgment dt.17.12.2008 passed by the Sessions Judge, Udupi in Crl.A.No.102/2007.) 1. The petitioner has challenged the concurrent findings of conviction and the modified sentence for the charge under Section 138 of the Negotiable Instruments Act (hereinafter called as ‘the Act’ for short). 2. The petitioner herein is the accused, whereas, the respondent is the complainant, who submitted his complaint under Section 200 Cr.P.C. and it is averred that the complainant lent loan to the accused and on 2.4.2001 the accused issued a cheque for Rs.2 lakhs for the discharge of the debt due by him to the complainant and when the said cheque was presented for encashment, it returned with an endorsement of insufficient funds. The complainant issued the notice. It is said to ha...
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