Karnataka Court November 2011 Judgments

Bangalore Metropolitan Transport Corporation Vs. Krishnamurthy and Ano ...

Court: Karnataka

(Prayer: This MFA is filed U/S 173(1) of MV Act against the Judgment and Award dated: 6.11.2006 passed in MVC No.808/2006 on the file of the Member, V Addl, MACT, Mayo Hall Unit, Court of Small Causes, Metropolitan Area, Bangalore (SCCH-20), awarding a compensation of Rs.3,53,000/- with interest at the rate of 6% p.a. from the date of petition till payment.) 1. This appeal by the Corporation is directed against the impugned judgment and award dated 6th November 2006 passed in MVC No.808/2006, by the Member, V Addl. MACT, Mayo Hall Unit, Court of Small Causes, Metropolitan Area, Bangalore (SCCH-20), (for short, ‘Tribunal’) for reduction of compensation on the ground that, the compensation of Rs.3,53,000/- awarded in favour of the claimants as against their claim for Rs.10.00 Lakhs, is on the higher side and needs to be reduced. 2. The facts in brief are that the respondents No.1 and 2 herein, being the husband and daughter of deceased Smt. V. Rukamani, filed a claim petition...

islamia Institute of Technology, Represented by Its Administrator Vs. ...

Court: Karnataka

Ram Mohan Reddy, J 1. This application is filed by the writ petitioner to modify the order dt. 5/8/2011 in so far as it relates to the finding in paragraph 9 therein that workmen, since not re-instated, are entitled to wages last drawn from 29/11/2010 up to the culmination for the proceedings in the writ petition. According to the petitioner, the date on which the respondent – workmen are entitled to last drawn wages under section 17-B of the Industrial Disputes Act, 1947, for short ‘ID Act’, if from the date of filing of affidavits stating that they are not gainfully employed in any establishment during the pendency of the petition, by placing reliance upon the decision of the Apex court in REGIONAL AUTHORITY, DENA BANK and ANOTHER VS. GHANSHYAM AIR 2001 SC 2270 2. Application is not opposed by filing statement of objections. 3. Learned Counsel for the petitioner places reliance upon the decision of the Division Bench of the High court of Kerala in KODUNGALLUR TOWN C...

The Managing Director K.S.R.T.C. Vs. Shivaprasad

Court: Karnataka

(Prayer: This MFA is filed U/s 173(1) of MV Act against the Judgment and Award dated: 5.9.2006 passed in MVC No.7743/2005 on the file of the V. Addl. MACT, Mayo Hall unit, Bangalore, (SCCH.No.20), party allowing the claim petition for compensation and seeking enhancement of compensation.) N.K. PATIL, J. 1. These two appeals respectively by the Corporation and the Claimant are directed against the same impugned judgment and award dated 5th September 2006, passed in MVC No. 7743/2005, on the file of the V Addl. MACT, Mayo Hall unit, Bangalore (SCCH.No.20), (for short, Tribunal’), awarding compensation of Rs.7,03,000/- to the claimant, as against his claim for Rs.50,00 lakhs. 2. While the Corporation has filed the appeal on the ground that the compensation awarded by Tribunal is excessive, exorbitant and is therefore liable to be substantially reduced, the claimant has filed the appeal on the ground that the compensation awarded is inadequate and needs enhancement, by modifying the ...

Adrushappa Gurakanavar Vs. the Inspector General and Others

Court: Karnataka

Reported in: 2012(1)KCCR57; 2011ILR(Kar)5498

This petition is filed under Articles 226 and 227 of the constitution of India, praying to quash the order dated 04.12.2006 passed by the respondent No.2 (Annexure-C) and also the order dated 19.12.2007 passed by the Respondent No.1 (Annexure-E) and direct the Respondents to pay the arrears of salary to the petitioner extending the benefit of 6th pay commission along with interest at 12% P.A. ORDER The petitioner was enrolled as a member of Central Industrial Security Force (hereinafter referred to as ‘CISF’) on 21.12.1990 and having been appointed as a constable, was posted at ONGC Nazira in Assam. While was working at New Mangalore Port Trust, Mangalore, he was dealt with under Rule 36 of CISF Rules (for short ‘the Rules’) as per Office Memorandum dated 29.03.2006 on the following charges: i. Failed to vacate family quarter No.A-8, 4th Cross of CISF Colony, NMPT Mangalore and shift to quarter No.A-11, 4th Cross of CISF Colony, NMPT Mangalore, when ordered by t...

Dr. Shivayogeppa B. Hinchigeri Vs. the Chancellor Karnataka University ...

Court: Karnataka Dharwad

(Prayer: This WP Filed Under Articles 226 and 227 of the Constitution of India praying to quash the order/notification dated:18/10/2010, passed by the first respondent, produced at Annexure-E to this Writ Petition.) 1. This writ petition raises a short, but important question regarding the appointment of a Vice-Chancellor of a University under the provisions of the Karnataka Universities Act, 2000 (hereinafter referred to as ‘the Act’, for the sake of brevity). The petitioner has assailed the notification dated 18.10.2010 issued by the first respondent-Chancellor produced at Annexure-E and has sought consequential directions. 2. The petitioner is stated to be an eminent academician having obtained M.Sc., in Bio-Chemistry in first class and Ph.D., from Simon Fraser University, Canada. He is said to be the senior most professor in the 4th respondent-Karnatak University(hereinafter, referred to as ‘the University’) established under Section 3 of the Act. The achiev...

B.C. Parthasarathy, Mysore District and Others Vs. Dy. Commissioner, M ...

Court: Karnataka

The respondent Nos.3 to 5 in W.P.Nos.10294-10298/2011 (LB-RES) and the respondent Nos.3 to 5 in W.P.Nos.10300-10301/2011 (B RES) have filed these appeals against the common order dated 29.03.2011 passed by the learned Single Judge. By the said order, the learned Single Judge has quashed the orders of the Deputy Commissioner disqualifying the petitioners in the respective writ petition from holding the post of the Councillors of the respective Municipal Council. 2. The issue in WA Nos.4539-41/2011 arising from W.P.Nos.10294-10298/2011 relates to the election for the post of Adhyaksha and Upadhyaksha to the town Municipal Council, Bannur, T.Narasipura Taluk. The dispute mainly pertains to the election of Adhyaksha which was scheduled on 21.08.2010. In the Elections held in the year 2007 to constitute the Municipal Council, the partywise strength to the 23 member body is as follows: a)Janatha Dal-(S)14b)Congress07c)B.S.P.01d)Independent013. In the above background, the first appellant who...

H.Ravi So Hanumanthappa, Vs. State by Santhebennur Police

Court: Karnataka

1. The appellant (hereinafter referred to as accused) was tried, convicted and sentenced for an offence punishable under Section 302 of IPC. Therefore, be has filed this appeal. 2. We have heard Shri Y.S.Shivaprasad. learned Counsel for accused and Shri N.S.Sampangiramaiah, learned Government Advocate for the Stats. 3. IT is the case of the prosecution that on 17.09.2005 at about 8.45 p.m. in the house of the accused situate at Upanayakanahalli village, the accused with an intention to cause the death of deceased Hanumanthappa, assaulted with a chopper and caused instantaneous death. 4. On behalf of the prosecution, P.Ws.I to 14 were examined, documents were marked as Ex.P. 1 to P.29 and material objects were marked as M.Os.l to 9. Contradictor}' portions in the statements of P.Ws.3 and 4 recorded under section 161 Cr.P.C, were marked as Ex.D.l to 5. 5. In order to bring home the guilt of accused, prosecution has relied on the following: I. Motive. II. Direct evidence. III. Recovery of...

Satish Gowda So of Late KalegowdA. Vs. the State by Saligrania Police ...

Court: Karnataka

JUDGMENT 1. The appellant (hereinafter referred to as 'accused') has preferred this appeal against the judgment of conviction for offences punishable under sections 341. 323 & 302 IPC. 2. We have heard Sri H.P.Leeladhar, learned counsel for accused and Sri P.M.Nawaz, learned Additional State Public Prosecutor for State and we have been taken through evidence and the impugned judgment. 3. The accused was tried for the following charges:- "1) You accused person above named in connection with longstanding enmity and rivalry, on 12.05.2006 at 8.30 A.M. at Chikkabairya Village while the complainant Tulsarnma and 'nor husband Krishnegowda were returning back home from the land, all of a sudden approached them near the Sugar Cane Garden Land of Govindanayaka and having raised a quarrel with (hem. wrongfully restrained them and thereby prevented them from proceeding further towards their house and thereby you accused has committed an offence punishable u/s 34 1 IPC. within my cognizance. 2) Se...

Byrappa S/O. Shivanna and Others Vs. the Deputy Commissioner and Other ...

Court: Karnataka

(W.A.Nos.89-101/2010 are filed u/s 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition Nos.19299-311/2009 dated 09.12.2009.) A.N. Venugopala Gowda, J. These appeals are directed against an order dated 09.12.2009 passed by learned Single Judge in W.P.Nos.19299-311/2009 (reported in ILR 2010 KAR 397), by which, an order dated 30.06.2009 passed by the Deputy Commissioner, Mandya District, Mandya disqualifying the appellants from being the Councillors of City Municipal Council, Mandya, was upheld. 2. The material facts of the case are as follows: The general election to the City Municipal Council, Mandya (for short ‘the Council), which consists of 35 wards was held on 28.09.2007. Result of the election was declared on 30.09.2007 and was published in the official gazette on 08.10.2007, in terms of which, 21 Councillors were from Janata Dal (Secular) [for short ‘JD(S)’] party, 6 Councillors were from Indian National Congress (I) Part...

Chandrashekar and Another Vs. State of Karnataka Represented by Its Se ...

Court: Karnataka Gulbarga

Abdul Nazeer, J 1. The Question for consideration in these writ petitions is whether the expression ‘writing under his hand’ occurring in Section 48 (1) of the Karnataka Panchayathraj Act, 1993 (for short ‘the Act’) as conveying the meaning that the letter of resignation by the Adhyaksha or the Upadhyaksha of the Grama Panchayath should be in their own hand writing? 2. The necessary fact for disposal of these writ petitions may be briefly stated as follows: The petitioners were elected as the members of the Grama Panchayath, Sungathan from their respective constituencies in the election held on 17.5.2010. The office of Adhyaksha and the Upadhyaksha of the Grama Panchayath was reserved for General Merit and Scheduled Caste (woman) categories respectively. The petitioners were elected as the Adhyaksha and the Upadhyaksha of the Grama Panchayath respectively. It is the case of the petitioners that they have not tendered their resignations and the letters received b...