Karnataka Court March 2011 Judgments
Krishna @ Krishna Naik. S/O Bavasingh Naik, and anr. Vs. State of Karn ...
Court: Karnataka
Decided on: Mar-23-2011
1) In this petition filed under Section 482 Cr.P.C, the petitioners are seeking a direction to the effect that the sentences awarded against them in C.C. Nos. 2163/2004. 2199/2004 and 2241/2004 on the file of the JMFC, II Court at Davangere, should run concurrently. In other words, the petitioners are seeking the benefit of Section 427 of Cr.P.C. to the effect that the sentences awarded in these cases should run concurrently.2) The petitioners- 1 & 2 were charge sheeted by KTJ Nagara Police. Davangere, for the offence punishable under Section 392 of IPC in C,C. No.2163/2004, for offences punishable under Section 392 and 394 of IPC in C.C. Nos.2199/2004 and for the offence punishable under Section 392 of IPC in C.C. No.2241/2004 in respect of three distinct and different acts committed by them. In all the three cases, the petitioners pleaded not guilty for the charges levelled against them. The; trial Court alter recording the evidence, by separate and independent judgments, convicted t...
Tag this Judgment!Nagaraj Shettigar S/O Sheena Shettigar. Vs. Nagaraj Shettigar S/O Shee ...
Court: Karnataka
Decided on: Mar-23-2011
1. This appeal is filed by the injured - claimant, seeking enhancement of compensation as the Additional Motor Accidents Claims Tribunal, Udupi. while entertaining the claim petition filed by the appellant in MVC.No.1.52/2006. has granted total compensation in a sum of Rs. 60.000/- along with interest at 6% per annum from the date of petition till the date of realisation for the personal injuries suffered by the petitioner. Respondents - owner and insurer, are held jointly and severally liable to pay the compensation.2. On 15.08.2005 at about 10 p.m., the appellant was dashed against by a motor cycle bearing No.KA-20 9858 driven in a rash and negligent manner, thereby causing personal injuries to the appellant. Appellant suffered fracture in his right leg and he was an in patient for twelve days from 15.08.2005 to 27.08.2005 in the Udupi Gandhi Hospital. Claiming that the accident occurred due to the actionable negligence on the part of the rider of the motor cycle resulting in grievou...
Tag this Judgment!Smt. Bhavani, W/O. Anarnath. Vs. Amarnath, S/O. SiddappA.
Court: Karnataka
Decided on: Mar-23-2011
1. This appeal by the wife is directed against the judgment and decree dated 19h March 2008. passed by the I Additional Civil Judge (Sr.Dn) and Additional MACT, Chitradurga, in M.C.Mo. 15/2003. By the impugned judgment, the Court below has allowed the petition filed by the respondent husband under Section 13 (1) (a) of the Hindu Marriage Age Act. 1955, (hereinafter referred to as the 'Act') and dissolved the marriage of the appellant and respondent, solemnized on 18-12-2000, from the date of the said order.2. The undisputed facts of the case are that, the marriage of appellant and respondent herein was solemnized on 18-12-2000. at Vokkaligara Bhavan. Balraj Urs Road, Shimoga, as per the customs prevailing in their community. After the marriage, the appellant wife accompanied the respondent husband to his house at Raichur. It is the case of the respondent that, the wedding ceremony was fixed on the third day of marriage and that the appellant did not co-operate for the marital obligatio...
Tag this Judgment!Sri Kundira a Praveen S/O Late K K AtyappA. Vs. Sri M D Pavan S/O. M U ...
Court: Karnataka
Decided on: Mar-23-2011
1. The respondent No. 1 in MVC 62/2007 on the file of Civil Judge (Sr.Dn.) and MACT. Virajpet, is the appellant.2. It is the ease of the claimant that on 18.3.2007 at about 10.45 p m.. he mid his friends Bollachanda Mahesh and Chokanda Prakash were walking after attending festival at Eshwara Temple at Aiyappa Betta. then the Car driven by respondent No. 1 bearing registration No.KA 12-M-1000 has driven the Car rashly, negligently and dashed against the claimant. It resulted in a road traffic accident, so claims for compensation of Rs.3,00,000/-.3. The owner of the vehicle has filed objections denying the claim of the claimant in toto. Contend that he is falsely implicated, also contend that the vehicle was having valid policy, gives the policy number. Further contend that it is the respondent No.2 that is liable to pay.4. Respondent No.2 has tiled objections denying 'he accident, contend that there is no coverage as on the date of incident in question. Plead for die-missal of the claim...
Tag this Judgment!Huligeshi S/O HulugappA. Vs. M.N.Gopalaswamy S/O M.NarasimhappA.
Court: Karnataka
Decided on: Mar-23-2011
1. This appeal is by the claimant seeking for enhancement of the compensation in respect of the personal injuries which he has sustained in a motor accident that took place on 5.5.2007 at about 3.00 p.m. near Hiriyur bus stand, Chitradurga Taluk, involving the Motor cycle bearing No.KA-16/K.7339 owned by the first respondent and insured with the second respondent at the relevant point of time. In the impugned accident, he sustained injuries comprising of fracture to his right thigh bone for which he took treatment in the hospital by spending huge money. Despite the same, he is not completely cured of his injuries, due to which, he is unable to carry on his avocation of studies which has resulted in loss of his academic carrier. Accordingly, he sought for compensation from the respondents.2. Upon service of notice, the respondents who are the owner and insurer of the offending motor cycle appeared and contested the claim of the claimant. It. is contended that the accident has not taken ...
Tag this Judgment!National Insurance Company-limited. Vs. Smt.Ambika, W/O Ranganath, and ...
Court: Karnataka
Decided on: Mar-23-2011
1. Second respondent - Insurance Company in CR 6/2006 on the file of Commissioner for Workmen's Compensation. Bangalore, has come up in this appeal challenging the order dated 12.09.2006 passed in the said proceedings.2. Brief facts leading to this appeal are as under:Claimant Nos.1 and 2 are respectively the widow and mother of deceased Ranganath. It is their case that the deceased Ranganath was travelling in Tractor bearing No.AP-27/T 454 Trailer No.AAE-776G belonging to first respondent and insured with the second respondent. The ease of the claimants is that the deceased was travelling in the said Tractor - Trailer, while mud was being transported from Doddaballapur to Bangalore. The said Tractor - Trailer met with an accident on 12.02.2004 at about 3.30 p.m.. near Marasandra on the way from Doddaballapur to Bangalore. As a result, Ranganath fell down from the Tractor and went under the tyre of the Tractor, resulting in his instantaneous death. Hence Claim Petition was filed by the...
Tag this Judgment!S.G.Sethuraman, S/O S.K. Garudachar, and anr. Vs. Karnataka State Smal ...
Court: Karnataka
Decided on: Mar-23-2011
1. Heard the learned counsel for the petitioners and the respondents.2. The facts briefly stated are as follows:-The first petitioner had joined the seevice of the first respondent-Corporation as a Manager in the year 1974. He was promoted to the cadre of Deputy Chief Manger on 6.9.1985. It is his claim that in terms of merit and seniority, he was entitled to be promoted to the cadre of General Manager. The second petitioner in turn had joined the service of the first respondent-Corporation in the year 1983 as Manager. He being a member of a Scheduled Caste had the benefit of the reservation in appointment and promotion. He was promoted as Deputy General Manager on 31.3.1989 and as Chief Manager on 17.10.2002. It is the case of the petitioners that the first respondent has framed the Rules known as The Karnataka State Small Industries Development Corporation (Cadre and Recruitment) Rules. 1978(hereinafter referred to as "Rules'' for brevity). The Rules are a self-contained code regulat...
Tag this Judgment!Sri H.Abdul Rasheed, S/O Mohammed Hussain. Vs. Madrasa-e-arabia Kolar ...
Court: Karnataka
Decided on: Mar-23-2011
1. In this writ petition, petitioner is challenging the order dated 18.02.2011 passed by the learned V Additional District Judge, Mysore, dismissing M.A.No.41 /2010 filed by the petitioner.2. The said appeal was filed by the petitioner herein under Section 10 of the Karnataka Public Premises (Eviction of Unauthorised Occupants) 1974 (for short, 'the Act') challenging the order passed by the Authorised Officer directing eviction of the petitioner under Section 5 of the Act. In fact, respondent No.1 herein which is a Wakf had filed a suit for ejectment of the petitioner from the premises in question. The matter came up to this Court in R.S.A.No.678/2003. By order dated 16.10.2008, this Court held that the scheduled premises is a wakf property and the petitioner herein has to be evicted from the same in accordance with the provisions of the Act as the premises is a public premises. It is thereafter that the present proceedings have been initiated by the Authorised Officer under Section 5 ...
Tag this Judgment!The National Education Society, and anr. Vs. Sri. S.Chandra Shekar.
Court: Karnataka
Decided on: Mar-23-2011
1. Challenge in WP No. 19935/2009 is to an award dated 11.3.2009 passed in Ref. Mo.47/2006 by the III Additional Labour Court. Bangalore, whereby and where under, the order dated 8.7.2004 terminating the service of S.Chandra Shekar was feet aside and the management was directed to pay lump sum compensation of Rs.50.000/ to the workman, in lieu of his reinstatement for violation of Section 25F of the I.D.Act, 1947.2. The workman concerned has filed W.P. No.35288/2010 against the very same award, challenging only that part of award in not ordering reinstatement and not entitling the backwages and consequential benefits.3. The sole contention urged by the learned Counsel for petitioners in WP No. 19935/2009 is that the management of National Education Society (Regd.), Basavagudi, Bangalore - 4, represented by its Secretary being the appointing authority was not impleaded in the reference and the award passed against the principle i.-bad and illegal. Learned Counsel argued that; the Princi...
Tag this Judgment!H.N.Bharadwaj S/O.Late H.V.Nanjunda Sastri, and ors. Vs. Government of ...
Court: Karnataka
Decided on: Mar-23-2011
1. Through the instant writ: petition, the petitioners are assailing the order passed by respondent no. 1 dated 23.6.2002 (Annexure-B) whereby, respondent no.4 was allowed conversion of a residential plot for commercial use. It is the case of the learned counsel for the petitioners (one of whom claims to own the immediate adjoining plot next to the plot of respondent no.4), that conversion granted at the hands of the respondents is arbitrary and is liable to be set aside.2. Unfortunately, during the course of hearing of this case, inspite of being required, learned counsel for the petitioners could not point out the exact location of the impugned plot, from the site plan placed on the record of this case. It is therefore, apparent, that even the exact location of the impugned plot is not ascertainable from the writ petition.3. During the course of hearing, the first contention advanced at the hands of the learned counsel for the petitioners was. that the publication effected by the com...
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