Karnataka Court March 2011 Judgments

The Divisional Manager, New India Assurance Co. Ltd., Bellary, Now Rep ...

Court: Karnataka Dharwad

Reported in: 2012ILR(Kar)2329

(Prayer: This Appeal is filed U/s.173 (1) of the M.V. Act, against the judgment and award dated 16.11.2010 passed in MVC No.466/2007 on the file of the Member, MACT-III, Bellary, Awarding the Compensation of Rs.6,67,933/- with interest @ 6% P.A. from the date of petition till its Realisation.) 1. Appeal by the Insurance Company for getting out of their liability as fastened by the Tribunal which is to be made good by the joint tortfeasor and the insurer jointly and severally. The ground for such eventually i.e., for reversing the order and award of the Tribunal and to relieve the appellant Insurance Company from its joint liability is that there is possibility of the accident itself not having taken place as on 10.07.2005 as claimed by the claimant, that there is possibility of the vehicle which is said to be involved in the accident and the owner of which vehicle had been covered by the Insurance Company perhaps was not at all involved in the accident and the victim a motor cycle ride...

New India Assurance Co., Ltd., by Its Manager Vs. G.M. Kumar and Anoth ...

Court: Karnataka

(Prayer: This Appeal filed u/s 30(1) of W.C. Act against the judgment dated 20.08.2008 passed in CWC-3/NFC/CR-5/2006 on the file of the Labour Officer and Commissioner for Workmen Compensation, Sub Division-3, Bangalore, awarding a compensation of Rs.4,54,251/- with interest at 12%P.A.) 1. The 2nd respondent insurance company in CR.No.5/2006 on the file of Commissioner for Workmen’s Compensation, Sub-Division-III Bangalore has come up in this appeal challenging the order dated 20.8.2008 passed therein. 2. Brief facts leading to this appeal are: The claimant before the Commissioner state that he was working as cleaner in Canter bearing No.AP-02-V.4129 belonging to first respondent and insured with second respondent before the Commissioner. That he was traveling in the said Canter on 26.11.2005 in the course of his employment. At about 9 am., when the said Canter was proceeding on Devanahalli - Vijayapura road near Kurubarakunte cross, a bus bearing No.KA-07/4836 proceeding a...

Daily Bread Gourmet Foods (India) Private Limited.

Court: Karnataka

1. This petition is filed under Section 101 of the Companies Act. 1956 for confirming the reduction of share capital of Daily Bread Gourmet Foods (India) Private limited.2. The petitioner Company was incorporated under the Companies Act. 1956 on 25th April 2003 in the name of CCD Daily Bread Private Limited and further name was changed to Daily Bread Gourmet Foods (India) Private Limited, which is evidenced by the fvesb Certificate of incorporation issued on 29-12-2006 by the Registrar of Companies. Bangalore, Kamataka. The certificate to this effect has been produced by the petitioner at Annexure-A.3. The Registered office of the Company is situated at No. 43, 4th B Cross. 5th Block. Koramangala Industrial Area. Bangalore and the main objects of the Company is to carry on business of manufacturing. producing, buying, selling. importing, exporting, marketing and to act as dealers and agents of Bakery products including food products, ready to eat items, spices, pickles, condiments, agr...

Sri K.N.Ramakrishna, S/O. Sri NarayanappA. Vs. the Management of Ksrtc ...

Court: Karnataka

1. Challenge in this writ petition is to the award of the Labour Court, Bangalore, in I.D.Mo.170/2005,. dismissing the claim of the petitioner filed under S.10(4-A) of Industrial Dispute Act, 1947.2. Background facts in a nutshell are as follows: The petitioner-conductor was commissioning as such in Bus No.F-2418 on 16.01.2005. When the bus was intercepted by the Checking Staff at about 17:30 hours at Pulanayakanahalli, it was found that, the petitioner had not issued tickets to 20 passengers, who were travelling from Gadigavarapalli to Pulanayakanahalli, despite collecting bus fare of Rs.3/- from each of them. The respondent conducted domestic enquiry, which found him guilty. As a result^ the petitioner was dismissed from service by an order dated 19.10.2005. The same was challenged by the petitioner before the Labour Court invoking Section 10(4-A) of the Act. The claim was contested by the respondent by filing counter statement. Issues having been framed, by an order dated 03.04.2009...

State of Karnataka by Secretary to Government Revenue Department, and ...

Court: Karnataka

1. Appellants are the petitioners in the writ petition being aggrieved by the order dated 9-6-2006 made in W.P.No.4523/2002 passed by the learned Single Judge dismissing the writ petition filed by the petitioners confirming the order dated 16-1-2001 passed by the Karnataka Appellate Tribunal in Appeal No. 158/1999 have preferred this writ appeal.2. The State Government filed a writ petition before this Court challenging the order dated 16-1-2001 passed by the Karnataka Appellate Tribunal in Appeal No. 158/1999 wherein the Appellate Tribunal set aside the order dated 16-2-1999 passed by the Deputy Commissioner, Chikkainagalur and directed to restore the katha to an extent of .162.02 acres of land in favour of the respondents, interalia contending that the order passed by the Appellate Tribunal is contrary to law.3. The case of the petitioners is that the respondents had made an application on 4-4-1991 for restoration of katha in respect of land bearing Sy.No.2. measuring 162 acres and 0...

The State of Karnataka Rep. by Its Chief Secretary to Government, and ...

Court: Karnataka

1. Through the instant writ petition, the petitioners have assailed the order passed by the Karnataka State Human Rights Commission dated 21.05.20)0 (Annexure-C) whereby, the Chief Secretary of the Government of Karnataka has been directed to require investigation in the matter under reference to be carried out through the CBI.2. Learned counsel representing respondent states, that the direction issued, by the Karnataka State Human Rights Commission would render a fair determination, irrespective of the parties involved, and that it would be just and appropriate, that the aforesaid direction be carried out in letter and spirit.3. As against the contention advanced at. the hands of learned counsel for the respondent, it is the submission of the learned Advocate General representing the petitioners Jthat the State agencies are fully equipped to render fair and impartial investigation. It is also the case of the petitioners, that in case there is any apprehension in the matter, the invest...

Shri Abdul Salam S/O Late Abdul Khader. Vs. the Chief Traffic Manager ...

Court: Karnataka

1. The petitioner/workman was appointed as a trainee driver in the respondent - Corporation on 23.5.1979. An articles of charge was issued by the respondent - Corporation to the petitioner alleging that, by producing a bogus transfer certificate bearing No.4/1977-78 (Admission No.2/73-74) issued by the Government Urdu higher Primary School. Yechanapalli. Srinivasapura Taluk, he secured employment to the post of driver in the Corporation and thus he has commuted mis-conduct under the regulations of the Corporation. To the articles of charge, the workman submitted a reply dated 29.06.2001. A domestic enquiry having been ordered, was held and the enquiry officer found the workman guilty of the charge. The report having been submitted to the Disciplinary Authority, enclosing copy thereof, a show-cause notice was issued, to which the workman submitted a reply. Reply having been found to be unacceptable, the Disciplinary Authority arrived at the conclusion that the charge has been proved and...

S.R. Sripathi Vs. Narayana Kanginaya @ Sundara Rao

Court: Karnataka

(This RSA filed U/S 100 of CPC against the judgment and decree dated 20.07.2005 passed in RA.NO.17/2003 on the file of the Prl. Civil judge (Sr. Dn.) and JMFC, Srirangapatna, allowing the appeal and setting aside the judgment and decree dated 04.12.2002 passed in OS.NO.103/1998 on the file of the Civil Judge (Jr. Dn.), Srirangapatna.) This appeal is by the plaintiff against the order of the Principal Civil Judge (Sr.Dn) and JMFC, Srirangapatna in R.A.No.17/2003 dated 20.7.2005 confirming the judgment and decree of the Civil Judge (Jr.Dn) Srirangapatna, passed in O.S.No.103/1998 dated 4.12.2002. 2. For the sake of convenience, the parties are referred to in terms of their status before the trial Court. 3. As per the plaint averments, the plaintiff owner of the suit schedule property, was running a hotel in the said suit property and thereafter, shifted his business to Mandya by letting the suit schedule property to the defendant on lease along with furniture fixtures, utensils and other...

The Oriental Insurance Company Limited, Through Its Regional Office, R ...

Court: Karnataka Dharwad

Reported in: 2012(2)KCCR1244; 2012ILR(Kar)1528

(Prayer: MFA No.1653/2005 is filed under Section 30(1) of the Workmen’s Compensation Act, against the judgment and award dated 28.12.2004 passed in Case No.87/2004 on the file of the Labour Officer and Commissioner for Workmen’s Compensation, Koppal, awarding compensation of Rs.1,14,922/- with interest at 12% p.a. from 05.01.2004 and directing the appellant herein to deposit the same.) 1. These two appeals arise out of the same order passed by the Commissioner for Workmen’s Compensation, Koppal, in Case No.87/2004 dated 28.12.2004, Appeal in M.F.A.No.1653/2005 is filed by the insurance company. Appeal in M.F.A.No.3370/2005 is filed by the claimant being not satisfied with the quantum of compensation awarded by the Commissioner for Workmen’s Compensation. Therefore, these two appeals are heard together. 2. It is the case of the claimant Hanumantha, Son of Yallappa, that he was working as a loader and unloader under Sudhakar Reddy. On 4.12.2003, while discharging ...

State by Shthnur Police Vs. Raju S/O Siddegowda and Others

Court: Karnataka

(Prayer : This Crl.A. is filed under Section 378(1) and (3) of Cr.P.C. praying to grant leave to file an appeal against the judgment dt.28.2.2004 passed by the District and Sessions Judge, Fast Track Court-III, Bangalore Rural district, Bangalore, in S.C.No.254/2000, acquitting the respondent-accused for the offences p/u/s/143, 316, 323, 354 and 504 r/w. Sec.149 of IPC. This appeal is by the State challenging the judgment dated 28.02.2004 passed by the FTC-3, Bangalore Rural district in S.C.No.254/2000 acquitting the accused-respondents of the offences under Sections 143, 316, 323, 354 and 504 r/w. Sec.149 of IPC. 2. It is the case of the prosecution that on 08.09.2000 at about 7.30 p.m., at Arakatti Doddi village, the accused formed themselves into unlawful assembly and thereafter they have caused assault on PWs 1 and 4 with an intention to outrage their modesty, thereby they are alleged to have committed an offence under Section 354 r/w. 149 of IPC. It is further alleged that at the ...