Karnataka Court December 2011 Judgments

B. Vijaya Kumar. Vs M.B. Mallikarjuna and ors.

Court: Karnataka

Reported in: 2012(1)KCCR260

S.N. SATYANARAYANA, J:1. Claimant in MVC no.55/2007 on the file of MACT, Davanagere, has come up in this appeal impugning the Judgment date 13/08/2010 passed therein dismissing his Claim Petition.2. Brief facts leading to this appeal are as under:Appellant herein, claimant before the Tribunal contends that on 11/09/2006at about 1.15 p.m., while he was travelling from Chitradurga in Kashi Vishwanatha Bus bearing No. KA- 17/A- 2871, the driver of the bus on the way near Bhavihal Village requested the claimant to check the left wheel of the bus. Accordingly the claimant got down to check the wheel. At that time, the driver, respondent No.3 before the Tribunal drove the bus in a negligent manner resulting in the tyre of the bus running over claimant and he sustaining injuries all over the body. It is his case that immediately he was shifted to Bapuji Hospital, Davanagere, where he was treated as inpatient from 11/09-/2006 and subsequently he was shifted to C.G. Hospital, Davanagrere, where...

K. Sulochana, Bangalore and ors. Vs. the State of Karnataka, Rep. by I ...

Court: Karnataka

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the award dt. 5.6.1992 passed by the R2 in L.A.C.3428/84-85 in so far as it relates 3 acres 13 guntas of the land bearing Sy.No.59 of Jaraganahalli Village, Uttarahalli Hobli, Bangalore South Taluk, Bangalore is concerned as per Anx, 'G'; the so called award notice dt. 26.12.2003 purportedly issued by R2 under Section 12(2) of the Land Acquisition Act, 1894 at Anx. 'E' and consequently annul the entire acquisition proceedings relating to their lands notified for acquisition as per Anx. 'A' Dt.19.3.1983 and Anx. 'B' dt. 11.9.1984.)1. In both these writ petitions, the petitioners are challenging the very same acquisition proceedings on identical grounds. Therefore, they are taken up for consideration together and disposed of by this common order.2. The subject matter of Writ Petition No.4536/2004 is land bearing Sy.No.59 measuring 3 acres 13 guntas situated in Jaraganahalli villa...

Karnataka Rajya Kaigarika, Sahakara Bank Niyamita and anr. Vs. V. Kris ...

Court: Karnataka

Reported in: 2012(3)KCCR2092

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to declare section 2(1)(c)(v) of the Securitisation Act as ultra vires and unconstitutional and strike down as violative of Art. 14 and other provisions of the Constitution of India in so far as petitioners are concerned.)N. KUMAR J.,1. The constitutional validity of item (v) of clause (c) of Sub-Section (1) of Section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, for short, hereinafter referred to as the 'Act' is the subject matter of W.P.No.2755/08. Further the petitioners in the said writ petition are also seeking for quashing of the notification bearing No.S.O.105 (E) issued by the Central Government, Ministry of Finance and Company Affairs (Department of Economic Affairs) (Banking Division) dated 28th January 2003, where under, the Central Government specifies 'Co-operative Bank' as defined in clause (cci) of Section ...

S.L. RajappA. Vs. State of KarnatakA.

Court: Karnataka

Reported in: 2012CriLJ1979

1. This petition is filed seeking bail in Crime No.32/2010 of Vidhanasoudha Police Station, registered on 08.07.2010 for the offences under Sections 302 and 309, IPC.2. The petitioner is the accused in the case in which the murder of a lawyer took place in the premises of the High Court on 08.07.2010. The petitioner was taken into police custody immediately thereafter and since he was suffering from serious ailment, he was admitted to Mallya Hospital, Bangalore. On 16.07.2010, it was decided that the petitioner maybe given treatment at the Victoria Hospital and accordingly, he was shifted to Victoria Hospital. On 09.09.2010, he was discharged from the hospital whereafter, he was produced before the Magistrate and the Magistrate remanded the petitioner to custody. The charge-sheet for the offences under Sections 302 and 309, IPC was filed on 23.11.2010.3. Heard Sri N.S. Raju, learned counsel for the petitioner and Sri Vijaya Kumar Majage learned HCGP for the respondent State.4. The cont...

Vxl Instruments Limited Rep by Director. Vs. T.R. Chandrashekar

Court: Karnataka

Reported in: ILR2012KAR679

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the constitution of India praying to quash the order at Annexure-H passed by the Second Additional Labour Court, Bangalore dated 01.01.2010, in application No. 12 of 2008, holding that the Respondent is a workman as defined under Section 2(s) of the ID Act and Further ordering that the petitioner is due Rs.35,287/- to the Respondent towards wages for the Months of January, February, March 2005 and also towards leave salary and directing the petitioner to pay the same amount to the Respondent together with interest at 8% per Annum from 9.4.2008 upto the date of payment etc.)1. The employer aggrieved by the order dated 1.1.2010 in Application No.12/2008 on the file of the II Additional Labour Court. Bangalore recording a finding that the respondent was a workman falling within the definition of the said term under Section-2(s) of the Industrial Disputes Act, 1947 (Act for short) and computing benefits in terms of money in...

M/S. Vxl Instruments Limited Rep by Director Vs. T.R. Chandrashekar

Court: Karnataka

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the constitution of India praying to quash the order at Annexure-H passed by the Second Additional Labour Court, Bangalore dated 01.01.2010, in application No. 12 of 2008, holding that the Respondent is a workman as defined under Section 2(s) of the ID Act and Further ordering that the petitioner is due Rs.35,287/- to the Respondent towards wages for the Months of January, February, March 2005 and also towards leave salary and directing the petitioner to pay the same amount to the Respondent together with interest at 8% per Annum from 9.4.2008 upto the date of payment etc.) 1. The employer aggrieved by the order dated 1.1.2010 in Application No.12/2008 on the file of the II Additional Labour Court. Bangalore recording a finding that the respondent was a workman falling within the definition of the said term under Section-2(s) of the Industrial Disputes Act, 1947 (‘Act’ for short) and computing benefits in te...

K. Sulochana, Bangalore and Others Vs. the State of Karnataka, Rep. by ...

Court: Karnataka

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the award dt. 5.6.1992 passed by the R2 in L.A.C.3428/84-85 in so far as it relates 3 acres 13 guntas of the land bearing Sy.No.59 of Jaraganahalli Village, Uttarahalli Hobli, Bangalore South Taluk, Bangalore is concerned as per Anx, ‘G’; the so called award notice dt. 26.12.2003 purportedly issued by R2 under Section 12(2) of the Land Acquisition Act, 1894 at Anx. ‘E’ and consequently annul the entire acquisition proceedings relating to their lands notified for acquisition as per Anx. ‘A’ Dt.19.3.1983 and Anx. ‘B’ dt. 11.9.1984.) 1. In both these writ petitions, the petitioners are challenging the very same acquisition proceedings on identical grounds. Therefore, they are taken up for consideration together and disposed of by this common order. 2. The subject matter of Writ Petition No.4536/2004 is land bearing Sy.No.59 measuring...

S.L. Rajappa Vs. State of Karnataka

Court: Karnataka

1. This petition is filed seeking bail in Crime No.32/2010 of Vidhanasoudha Police Station, registered on 08.07.2010 for the offences under Sections 302 and 309, IPC. 2. The petitioner is the accused in the case in which the murder of a lawyer took place in the premises of the High Court on 08.07.2010. The petitioner was taken into police custody immediately thereafter and since he was suffering from serious ailment, he was admitted to Mallya Hospital, Bangalore. On 16.07.2010, it was decided that the petitioner maybe given treatment at the Victoria Hospital and accordingly, he was shifted to Victoria Hospital. On 09.09.2010, he was discharged from the hospital whereafter, he was produced before the Magistrate and the Magistrate remanded the petitioner to custody. The charge-sheet for the offences under Sections 302 and 309, IPC was filed on 23.11.2010. 3. Heard Sri N.S. Raju, learned counsel for the petitioner and Sri Vijaya Kumar Majage learned HCGP for the respondent State. 4. The c...

N. Ereshi Vs. State of Karnataka, Rep. by Police Sub-inspector, Karnat ...

Court: Karnataka Dharwad

Mohan Shantanagoudar, J 1. The records are placed before us to decide the following issue: “Whether the licenced surveyor appointed under Section 18A of the Karnataka Land Revenue Act, 1964, can be said to be a “public servant” as defined under Section 2 of the Prevention of Corruption Act, 1988”. (1) Brief facts leading to the reference to this Bench are as under: 1(a) The petitioner was appointed as a licenced surveyor under Section 18-A of the Karnataka Land Revenue Act, 1964. One Mr. Jagadish lodged the information alleging that the petitioner demanded a sum of Rs.2,500/- as illegal gratification for the official work of issuance of the survey sketch relating to Sy.Nos.31 and 32 of H. Veerapur village. On 15-6-2011, a successful trap was laid on the basis of the said information, wherein the petitioner was caught red handed while accepting a bribe of Rs.2,500/- from said Jagadish. Further proceedings continued. Being aggrieved by the prosecution, the petitio...

Karnataka Rajya Kaigarika, Sahakara Bank Niyamita and Another Vs. V. K ...

Court: Karnataka

Reported in: 2012(3)KCCR2092

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to declare section 2(1)(c)(v) of the Securitisation Act as ultra vires and unconstitutional and strike down as violative of Art. 14 and other provisions of the Constitution of India in so far as petitioners are concerned.) N. KUMAR J., 1. The constitutional validity of item (v) of clause (c) of Sub-Section (1) of Section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, for short, hereinafter referred to as the 'Act' is the subject matter of W.P.No.2755/08. Further the petitioners in the said writ petition are also seeking for quashing of the notification bearing No.S.O.105 (E) issued by the Central Government, Ministry of Finance and Company Affairs (Department of Economic Affairs) (Banking Division) dated 28th January 2003, where under, the Central Government specifies 'Co-operative Bank' as defined in clause (cci) of Sectio...