Karnataka Court March 2011 Judgments

Sri. Shivegowda @ Shivanna S/O.HonnegowdA. Vs. Sri. Prakash S/O. Sidda ...

Court: Karnataka

1. Though this appeal is listed for orders, by consent of learned Counsel for the parties, it is taker, up for final hearing, heard and disposed of by this judgment.2. The appellant had filed a claim petition in MVC No.45/2006 on the file of the Civil Judge (Sr. Dn.) and Additional MACT, Arsikere, seeking compensation on account of the injuries sustained by him in a motor vehicle accident occurred on 9.1.2006. In response to the summons issued by the Tribunal, the respondents had entered appearance and filed their objections. On the basis of the pleadings of the parties, the Tribunal framed the relevant issues. The claimant was examined as P.W. 1 and the Doctor, who had treated the claimant, was examined as P.W. 2 and the documents Exs.P. 1 to 9 have been marked in their evidence. The respondents have not. let in any evidence. After considering the materials on record, the Tribunal has awarded a total sum of Rs.. 1,15,000/- with interest, at 6% p.a. from the date of petition till the d...

Sri G.M.Nagaraja, S/O. Maranna, Garani. Vs. the Divisional Controller, ...

Court: Karnataka

1. The petitioner being unsuccessful in the claim made before the Labour Court under S.10(4-A) of the Industrial Disputes Act, 1947 (for short 'the Act') seeking to set-aside the order of removal dated 20.12.1999 passed by the respondent, has filed this writ petition.2. The petitioner, a trainee conductor was conducting on 31.06.1999, bus No.5915 on route No.20 and the vehicle was intercepted by the checking squad near Hanumanahalli and found that, out of 61 passengers in the bus, the petitioner had failed to issue tickets to 10 passengers travelling from Kanakapura to Venkatrayanadoddi, despite collecting the requisite fare of Rs.3/- and the petitioner, though had closed the entries at stage No.2, but had not shown the sale of 3 tickets of Rs.1 50 denomination and failed to enter the sale of luggage tickets. An offence memo was issued and report dated 02.06.1999 was submitted, based on which, the respondent issued show cause notice dated 13.07.1999 to the petitioner with regard to the...

Basavanyappa S/O BheemappA. Vs. the State of Karnataka by Anavathi Pol ...

Court: Karnataka

1. This Appeal has been filed challenging the Judgment dt. 14.7.2005 passed by the fast Track Court-II, Shimoga in S.C.NO. 71/2002 convicting the accused for the offence punishable u/s 326 IPC. and sentencing him to undergo SI for a period of 5 years and to pay a fine of Rs.3000/-, in default to suffer further SI for six months.2. The case of the prosecution is that on 7.4.2002 at 6.00 p.m. the accused near the house of CW2 Hanumanthamma with a grudge with the deceased Ravikumar had picked up quarrel and assaulted one Manjunath. The accused assaulted the deceased with a club with an intention to murder him and caused injuries over his head, chest and hands, as a result of which Ravikumar died, thereby the accused alleged to have committed an offence punishable u/s 302 IPC. The prosecution in order to prove the case has examined in all 10 witnesses and got marked Ex.P1 to P17 and produced M.Os.1 to 4. The defence of the accused is one of total denial and he has got marked Ex.D1 to D4 be...

Biocon Ltd. and Others Vs. State of Karnataka, Ministry of Law Justice ...

Court: Karnataka

(This Writ Appeal is filed u/s 4 of the Karnataka High Court Act praying to set aside the order passed in the writ petition No.17369/2004 date 22/12/2006 to the extent it upheld the validity of the sub section (2) of section 3 of the Karnataka Electricity (Taxation on consumption) Act, 1959 amended vide Karnataka Act No.5 of 2004 – The Karnataka Electricity (Taxation on consumption) (Amendment) Act 2004.) Sabhahit, J. These appeals are filed by the respective petitioners in W.P.No.17369/2004 and connected matters which have been disposed of by a common order dated 22-12-2006 wherein the learned Single Judge of this Court has upheld the validity of sub-section (2) of Section 3 of the Karnataka Electricity (Taxation on Consumption) Act, 1959 (hereinafter called the ‘Act’) as amended vide Karnataka Act No.5/2004 by Karnataka Electricity (Taxation on Consumption) (Amendment Act, 2004 (hereinafter referred to as ‘Amending Act’), to grant complete relief as soug...

Arasappa Setty and Others Vs. Smt. Puttamadamma

Court: Karnataka

(Appeal is filed under S.100 of the Code of Civil Procedure praying to set aside the judgment and decree dated 16.12.2004 in RA 112/2004 by he Fast Track IV Court, Mandya, etc.) The second appeal is by defendants challenging the judgment and decree passed in RA 112/2004 on 16.12.2004 by the Fast Track Judge IV, Mandya. Suit was filed before the Civil Judge (Jr.Dvn.), Mandya by the plaintiff Puttammadamma W/o late Ameen Thimmasetty against her two step brother-in-laws seeking for a declaration to declare that she is the absolute owner of the suit schedule item 1 house property and also to declare that sale deed date 3.8.1987 executed by the 1st defendant in favour of the 3rd defendant in respect of item No.2 of the schedule stands cancelled being null and void and not binding on the plaintiff and to further declare that suit item No.2 and 3 are subjected to unrestricted right of plaintiff’s maintenance and thereafter, to declare the plaintiff is the absolute owner of suit item No....

Karnataka State Road Transport Corporation, Rep by Its Chief Law Offic ...

Court: Karnataka

(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the Award made in I.D. No. 152/2001 dated 18.2.2005 vide Annexure-G, passed by the Labour Court, Bangalore.) 1. The Award dated 18.2.05 passed in I.D. No. 152/01 by the II Addl. Labour Court, Bangalore, is under challenge in this writ petition at the instance of KSTRC. By the Award, the order of dismissal dated 8.2.01 passed by the petitioner against the respondent was set aside. 2. The respondent, a driver in the petitioner – Corporation was issued with an Articles of Charge dated 1.1.2000 and was subjected to domestic enquiry on the following charges: “KANNADAM” 3. The respondent did not submit any reply to the Articles of Charge. An enquiry Officer was appointed to ascertain the truth or otherwise of the allegations made in the Articles of Charge. The enquiry Officer conducted the enquiry and submitted report dated 15.6.01, holding the charges levelled against ...

Veeranna and Others Vs. Smt. Gouramma and Another

Court: Karnataka Dharwad

Reported in: 2012(3)KCCR2140

(Prayer: This appeal is filed under Section 100 of CPC., against the judgment and decree dated 07.07.2010 passed in R.A.NO.46/2009 on the file of the Principal Senior Civil Judge and Cum, Dharwad, allowing the appeal, filed against the judgment dated 09/06/2009 and the decree passed in O.S.NO.748/2008 on the file of the PRL.) 1. This second appeal u/s 100 of the Code of Civil Procedure is by the plaintiffs in O.S.No.748/2008 on the file of the Prl. Civil Judge (Jr.Dn.) and Prl. JMFC, Dharwad, a suit, for bare injunction to restrain the defendants 1 and 2 from interfering or disturbing the possession and enjoyment of the suit property, a printing press located at CTS No.272/2/MF measuring 109.16 sq. mtrs. at Subhash Road, Dharwad, a commercial area and the building itself being a part of commercial complex but the land on which the structure stood being in the ownership of the plaintiffs. The suit was contested by the defendants by filing the written statement. It was contended that the...

Kannamma, W/O. Veeraswamy. Vs. New India Assurance Co., Ltd, and anr.

Court: Karnataka

1. This appeal by the claimants is directed against the impugned judgment and award dated 19th March 2008, passed in M.V.C. No. 3398/2006, by the IV Addl. Judge. Court of Small Causes. Member, Motor Accident Claims Tribunal, Metropolitan Area. Bangalore. (SCCH-6), (for short. Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs.2.92,500/- awarded in favour of the claimant as against her claim for Rs.07.50 Lakhs, is inadequate.2. The facts in brief are that, the claimant appellant is the mother of the deceased Late Murugcsh V @ Gopal. She filed the claim petition under Section 163-A of the Motor Vehicles Act, contending that, at about 11:45 A.M. on 26-04-2006, when the deceased was travelling as a pillion rider on Motor Cycle bearing No.KA 03/U-9052. ridden by its rider. Slowly and cautiously, he met with an accident on account of rash and negligent driving by the driver of a Lorry bearing No.KA-13/4433 and clue to the injuries sustained in the said acc...

New India Assurance Co. Ltd. Vs. Narayana, and ors.

Court: Karnataka

1. This appeal is by the Insurance Co. challenging the award of the Tribunal on the ground that the vehicle in question is not involved in the accident.2. Heard the learned Counsel appearing tor the parties and perused the records.3. For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.4. Learned Counsel appearing for the appellant Insurer submits, the first claimant who is the father of the deceased informed the Police that some unknown vehicle dashed against his deceased son and went away and when the claimants tailed to establish the fact of involvement of the vehicle in question in the accident. The Tribunal is not justified in fastening liability against the insurer of the vehicle, by directing them to pay compensation to the claimants.5. Learned Counsel appearing for the claimants submits, involvement of the vehicle in question, in the accident, is established by the claimants by producing 110 notice, FIR, mahazar, ...

Sri Ameerjan S/O Sri Abdul Raheem. Vs. M/S the Oriental Insurance Co. ...

Court: Karnataka

1. These two appeals are directed against the Judgment and Award passed in MVC No.3430/2001 dated 18.10.2004 on the file of MACT. Bangalore (for short Tribunal').2. MFA No. 1642/2005 has been filed by the Oriental Insurance Company Ltd.. the insurer of the offending vehicle contending that the award of compensation is excessive. The Other connected appeal MFA No.2268/2005 has been filed by the claimant seeking enhancement of compensation.3. We have heard the learned counsel for the parties.4. Learned counsel for the claimant would contend that the claimant had sustained grievous injuries in the accident. The doctor has assessed his permanent disability to the whole body at 56%. Therefore, the court below was not justified in assessing the disability at 50% to the whole body. It is further contended that the award of compensation on all other heads is inadequate.5. On the other hand, learned advocate for the Insurance Company contends that the award of compensation is excessive. It is a...