Karnataka Court March 2011 Judgments

M/S. Bajaj Allianz General Insurance Company Ltd. Vs. K. H. Chandrakal ...

Court: Karnataka

1. As this appeal and cross objection are arising out of a common judgment and award of the Tribunal, they are heard together, admitted and with the consent of learned Counsel appearing for the parties they are taken up for final disposal and disposed of by this common judgment.2. For the sake of convenience parties are referred to as they are referred to in the claim petition.3. Brief facts of the case as pleaded in the claim petition are:That on 18.02.2007 when deceased N. Kumar was standing along with motorcycle bearing registration No. KA.02/EP 5576 on the left s-de of Bangalore Mysore road near Kempanahalli gate to attend nature call, a Santro car bearing registration No.KA-09/ME.0135 came with high speed in a rash and negligent manner and dashed against him. as a result he sustained grievous injuries and immediately was shifted to hospital and on the way to hospital he succumbed to injuries. His wife, minor child and parents filed a claim petition before MACT. Mandya seeking comp...

Mr.M. Sureshchandra Shetty. S/O Late M.Lokayya Shetty. Vs. Mohammed Ka ...

Court: Karnataka

1) This appeal filed under Section 378(1) & (4) of Cr.P.C. on obtaining special leave of this Court, is directed against the judgment dated 03.08.2004 passed by the V JMFC, Mangalore, in C.C. No. 1856/2003 dismissing the complaint filed by the complainant herein for the offence punishable under Section 138 of the Negotiable Instruments Act ( for short, N.I. Act') and acquitting the respondent-accused of the said offence.2) Sri. M. Lokayya Shetty, the father of the petitioner herein filed a complaint under Section 138 r/w. 142 of the N.I. Act and Section 200 of Cr.P.C. against the respondent alleging the offence punishable under Section 138 of the N.I. Act, inter alia contending that for discharge of the debt due by him. the accused issued the cheque in question to the complainant for a sum of Rs. 1,50.000/- and when the said cheque was presented for encashment, the same was returned with the Banker's endorsement 'Account closed' and in spite of service of notice, the accused failed to ...

Sri Ganapathi Mahadev Hegde S/O Late Mahadev Hedge. Vs. the State of K ...

Court: Karnataka

1. The petitioner is engaged in extraction of black granite stone. The aforesaid activity has been permitted by the Department of Wines and Geology. On 27.01.2011, eleven blocks of granite stone extracted by the petitioner were inspected, identified and marked by the Department of Mines and Geology. Only one of the stone blocks is relevant for the present controversy. The aforesaid stone block was identified at serial number 74. The said stone had a length of 309.00 cms. breadth of 197.00 cms and height of 161.00 cms, and as such, stone block no.74 measured 9.801 eu.mtrs.2. The petitioner applied for a Mineral Dispatch Permit for the eleven blocks extracted by him. So far as block no.74 is concerned, Mineral Dispatch Permit, bearing no.4565 was issued to him. It was valid for the period from 11.03.2011 to 13.03.2011. In the Mineral Dispatch Permit the length. breadth, height and volume of the stone in question was also duly recovered. As per permit no.4565, the same was to be transport...

D.R.Ranganath, Son of Sri Ramachandra Murthy. Vs. Sevakshetra Hospital ...

Court: Karnataka

1. WP 27240/2005 is by the workman and WP 24687/2005 is by the Management, questioning an award dated 14.06.2005 passed in I.D 18/1998 by the III Addl. Labour Court, Bangalore, which has set-aside an order dated 08.01.1998 passed by the Management imposing punishment of compulsory retirement on the workman and directed the reinstatement of the workman with continuity of service and 50% backwages, also imposing punishment of stoppage of two increments with cumulative effect on the workman.2 Brief facts, which are required to be noticed to decide these two writ petitions are the following:D.R.Ranganath/workman was appointed as a laboratory technician on 03.10.1989 by the Management of Sevakshetra Hospital, Bangalore-70. Noticing that the workman has indulged in certain grave acts of misconduct while on duty, the Management issued a charge memo dated 17.07.1997, to which the workman submitted his explanation, which having been found to be not acceptable, a domestic enquiry was ordered. Th...

N. K. Venkataramanaiah S/O K.KrishnappA. Vs. Sri Shivakumar S/O Chikka ...

Court: Karnataka

1. This appeal is filed by the petitioner in W.P.No.23925/2009 being aggrieved by the order dated 15-12-2009 passed by the learned Single Judge, wherein the learned Single Judge dismissed the writ petition filed by him and upheld the order passed by the Deputy Commissioner confirming the order passed by the Assistant Commissioner.2. The facts of the case are as follows:The land bearing Sy.No.163 measuring 4 acres 3 guntas situated at Kuduvati village, Naudi Hobli, Chikkahallapura was granted to one Chikkanrasimhaiah in the year 1970-71 and Saguvali chit was issued on 26-7^ 197] with a condition that the granted land shall not be alienated for a period of 15 years. The said Chikkanarasimhaiah sold the said land in favour of the appellant on 25-4-1974. In view of coming into force of the Karnataka SC/ST (Prohibition of Transfer of Certain Land) Act 1984 ('the PTCL Act" for brevity), the Tahsildar brought to the notice of the Assistant Commissioner regarding alienation of the land in viol...

M/S. L and T Komatsu Ltd., Bangalore, Rep. by Its Assistant General Ma ...

Court: Karnataka

1. These batch of appeals are preferred by the employers challenging the order passed by the learned single Judge who set aside the notification dated 1.8.2001 by which the notification issued under Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970 (for short hereinafter referred to as ‘the Act’) came to be rescinded and also the declaration granted by the learned single Judge that statutory canteens employees are to be regularized by the respective managements according to the terms of his order and the other consequential reliefs which he has granted. 2. As the subject matter of all these appeals and the questions raised and to be considered are one and the same, they are taken up for consideration together and disposed of by this order. 3. For the purpose of convenience, the parties are referred to as they are referred to in the original writ proceedings. For proper appreciation of the legal issues which arise for consideration in these proceeding...

Prashanth Hegde Vs. Commissioner for Hindu Religious Institutions and ...

Court: Karnataka

V.G. SABHAHIT, J 1. This appeal is filed by the 3rd respondent in W.P.No.30998/2009, being aggrieved by the order dated 9-4-2010 wherein the learned Single Judge of this Court has allowed the writ petition and quashed Annexure-E, notice issued by the Commissioner for Hindu Religious Institutional and Charitable Endowments, Bangalore (Respondent No.1) and also held that the Commissioner has no jurisdiction to consider the appointment of hereditary trustee when there is serious dispute and rival claim for appointment to the vacant post of Trustee. Accordingly, the writ petition is allowed and directed all the parties to agitate their rights regarding hereditary trusteeship in the Civil Court. 2. W.P. No. 30998/2009 was filed by the petitioner challenging the notice received by him from the first respondent intimating that in view of death of Sri. M. Balakrishna Hedge, who was performing the duties of the trust as fit person appointed by the first respondent had expired on 20-3-2009, and...

Sai Securities Vs. Karnataka State Commission for Scheduled Caste and ...

Court: Karnataka

Reported in: 2011(3)KantLJ536; 2011(3)KCCR2029; 2011ILR(Kar)2655

(This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order dated 19.2.2010 passed in proceedings No.59/09 vide Annexure-G initiated by the respondent No.1 against the petitioner and etc.) 1. In this writ petition, petitioner is challenging the order dated 19.02.2010 passed by the 1st respondent – Karnataka State Commission for Scheduled Castes and Scheduled Tribes (for short, ‘the Commission’) vide Annexure-G. Petitioner has also sought for quashing the entire proceedings initiated before the 1st respondent – Commission in Case No.59/2009. 2. It is the case of the petitioner that it is an entity providing human resources both skilled and unskilled for various organizations including Public Sector Undertakings. The 2nd respondent issued a tender notification dated 29.10.2009 calling for bids providing services of Janitors, Security Personnel, Drivers and Electricians to be positioned at Vani Vilas Hosp...

The Karnataka Workers Union. Vs. the Management of M/S. Trendy Tissues ...

Court: Karnataka

1. I.A.3 filed by the petitioners under S.10 (4) read with S.11 of the Industrial Disputes Act, 1947 ('the Act' for short) regarding payment of interim relief pending disposal of the Reference having been rejected by the Labour Court, the workmen have filed this writ petition.2. A Reference has been made to the Labour Court under S.10(1)(c) of the Act for adjudication of the matter relating to the termination of service of 8 workmen by the Management. The termination was not preceded by holding of domestic enquiry. The Management has opted to establish the misconduct of the workmen before the Labour Court.3. I.A.1 was filed for interim relief which was allowed in part, directing the Management to pay Rs.1,500/- p.m. to each of the workman from 5.1.10 to 31.3.10 or till the disposal of the Reference whichever was earlier with condition that both parties shall co-operate in the disposal of the Reference at the earliest. I.A.2 was filed on 4.5.10 by the workmen for extension of the relief...

Sri.Lakshman, S/O DurgappA. Vs. M.Lokesh. S/O Manikyam Modaliyar, and ...

Court: Karnataka

1. In this petition filed under Section 482 of Cr.P.C, the petitioner has sought for quashing the investigation by Jayanagara Police. Shimoga, in Clime No.204/2011.2) Respondent. No. 1 filed a complaint under Section 200 Cr.P.C. before the Jayanagara Police in Shimoga in PCR No.32/2011 against the petitioner herein and the Manager of the Andhra Bank. LLR Road. Shimoga. alleging the offences punishable under Sections 471, 148, 149 and 420 of IPC inter alia contending that, on 09.09.2010 the complainant purchased three Demand Drafts, one for ?24,440/-, other for 17,900/ and another for Rs.23,800/- from Andhra Bank. LLR Road. Shimoga. drawn in favour of the Commissioner. CMC. Shimoga, for the purpose of submitting the same along with certain tender documents and thereafter he handed over those Demand Drafts and tender documents to the petitioner herein for being submitted to the CMC. Shimoga. However, later he came to know that instead of depositing the Demand Drafts in CMC. the petitione...