Karnataka Court March 2011 Judgments

U.V.Nanjappa, S/O. Late VeerannA. Vs. the Deputy Labour Commissioner a ...

Court: Karnataka

1. The petitioner claims that he was selected and appointed as a driver by the 3rd respondent-Corporation on 1.3.1976. He was brought on probation with effect from 1.11 1977. Petitioner retired from service of the 3rd respondent on 31,5.2007. Finding that, the gratuity amount paid to him does not include the period of service with effect from 1.4.1976 to 31.10.1977, he filed an application before the 2nd respondent. The application was allowed in part and the order as at Annexure-B was passed. Feeling aggrieved, the petitioner filed an appeal before the 1st respondent, who having found the appeal to be devoid of merit, has dismissed the same. This writ petition is directed against the said orders.2. Sri M.C.Basavaraju, learned counsel appearing for the petitioner contended that, despite evidence having been produced for the badli service rendered between 1.4.1976 to 30.10.1977, which has been marked as Ex.P1 before the Controlling Authority, the finding of the Appellate Authority that ...

Sri R.Krishna Murthy, S/O. Late A.Ramaiah. Vs.

Court: Karnataka

1. The petitioner was appointed as a Conductor in the respondent - Corporation with effect from 3.1.80. On account of a reported misconduct, after conducting enquiry, the petitioner was dismissed from service with effect from 17.2.84 The order of dismissal was questioned by the petitioner and hence, a reference was made to the Labour Court. The reference having been registered, after adjudication, the order of dismissal was set aside and the Corporation was directed to reinstate the workman into service with continuity of service and 50% of backwages. The Award was questioned by the Corporation in W.P.25579/90, wherein, an interim order was passed on 4.2.91. The interim order was modified on 21.2.91, confining the order of stay to backwages and the Corporation was directed to take the workman to duty and pay the current wages. Pursuant to the said order, the workman was reinstated on 4.4.91 i.e., with current wages. The writ petition was dismissed on 1.3.2 98, aggrieved by which, the C...

Bangalore Metropolitan Transport Corporation, K.H.Road, Bangalore. Vs. ...

Court: Karnataka

1. The petitioner issued articles of charge dated 29.10.1998 to the respondent alleging that the workman had secured employment In the Corporation by producing a false transfer certificate. Reply having been filed to the articles of charge and the same having been found to be unacceptable, an enquiry was ordered. In the enquiry, the workman participated. The enquiry officer found the charge as proved and submitted the report. A copy of the enquiry report having been made available to the workman along with a show cause notice and finding the reply submitted to be unacceptable, taking into consideration the gravity of proved misconduct, the petitioner passed an order of dismissal dated 9.10.2004 against the respondent. Aggrieved, the respondent filed a claim under Section 10(4-A) of the Industrial Disputes Act, 1947 ('the Act' for short) in the Labour Court. Though counter statement was filed in opposition to the claim, finding chat, the enquiry has not been held in just and fair manner...

Commissioner of Central Excise Vs. M/S. Presscom Products Bangalore

Court: Karnataka

(Prayer: This CEA is filed under section 35G of the Central Excise Act, 1944 arising out of order dated 18/24-10-2007 passed in Final Order No.1200/2007 in appeal No.E/620/2005, praying to (i) decide the substantial question of law stated therein; (ii) call for the records pertaining to the CESTAT; (iii) set aside the order passed by the CESTAT in E.Appeal No.E/620/2005 vide its final order No.1200/2007 dated 18/24-10-2007 which is annexed as Annexure-A to the Appeal; (iv) restore the order-in-appeal No.28/2005 C, Ex. dated 29/3/2005 passed by the Commissioner of Central Excise (Appeals-II), Bangalore confirming the order-in-original No.106/2004 dated 30-11-2004.) 1. This appeal is by the revenue challenging the order passed by the Tribunal holding that the assessee is not liable to pay interest on differential duty. 2. The assessee - M/s Presscom products is a manufacturer of excisable goods falling under Chapter sub-heading No. 8714.00 of the Schedule to the Central Excise Tari...

Dada and Others Vs. Basavaraj Revanasiddappa Hipparagi and Others

Court: Karnataka Dharwad

Reported in: 2012(3)KCCR2135

(Prayer: This regular Second Appeal is filed under Section 100 of CPC, 1908, against the Judgment and Decree dated 08.09.2009 passed in R.A. No 15/2008. On the file of the Civil Judge (Sr. Dn) Athani, dismissing the appeal, filed against the judgment dated 19.02.2008 and the decree passed in O.S. No 155/2004 on the file of the Addl. Civil Judge (Jr. Dn) and JMFC, Athani, decreeing the suit filed for declaration and injunction.) 1. This second appeal u/s 100 by the legal heirs of original defendant-a lessee who had resisted the ejectment suit in O.S. No 155/2004 and which he could not defend successfully as the suit came to be decreed by the trial court and further an appeal before the lower appellate court in R.A. No 15/2008 also came to be dismissed and therefore this second appeal. 2. Submission of Sri.Ravi S. Balikai, learned counsel for the appellants is that firstly the quit notice issued u/s 106 of the Transfer of Property Act is not tenable, that the notice in the instant case s...

The State by Kalasipalya Vs. B.V. Manjunath

Court: Karnataka

(Prayer: This Crl.A. is filed U/s. 378(1) and (3) Cr.P.C. by the state P.P. for the state praying that this Hon’ble court may be pleased to grant leave to file an appeal against the judgment dated 10.09.2003 passed by the M.M. Traffic Court - III, Bangalore City in C.C.No.10145/2001, acquitting the respondent - accused for the offence P/U/S. 279 and 304-A and 134 (AandB) r/w Sec.187 of Motor Vehicles Act.) 1. This appeal has been filed by the State challenging the judgment dated 10.09.2003 passed by the 3rd Metropolitan Magistrate (Traffic Court) Bangalore in C.C.No.10145/2001 acquitting the accused respondent of the offences punishable under Sections 279, 304-A and 134 (AandB) read with Section 187 of Motor Vehicles Act. 2. The case of the prosecution is that on 05.11.2000 at about 5.15 a.m., on the J.C. Road, the accused was driving bus bearing No.KA-03-381 in rash and negligent manner endangering human life thereby, he is alleged to have committed an offence punish...

RamachandrA.B S/O.ByrappA.B. Vs. Shri. Raju, and anr.

Court: Karnataka

1. Though this matter is listed tor admission, with consent of learned counsels for respective parties as records have also been received, it is taken up for final disposal.2. This is claimant's appeal seeking for enhancement of compensation in respect of the injuries which he has sustained in a motor accident.3. The Tribunal by its impugned judgment and award has awarded total compensation of Rs. 3 ,02, 000/-with interest at 6% p.a. from the date of the petition till realization in respect of the fracture of both bones of left leg i.e. tibia and fibula and taking into account the medical and other incidental expenses incurred by the claimant4. The learned counsel for the appellant-claimant submitted that the Tribunal has not awarded commensurate compensation towards medical expenses and attendant charges. Hence, a case for enhancement is made out.5. Per contra, the learned counsel appearing for the contesting insurer fairly conceded and submitted that having regard to the material on ...

Mahesh M Alias Chikke Gowda S/O Late Mayi GowdA. Vs. K.S.Thimmaiah S/O ...

Court: Karnataka

1. Though this matter is listed for admission, with consent of learned counsels for respective parties as records have also been received, it is taken up for final disposal.2. This appeal is by the claimant seeking for enhancement of compensation in respect of the injuries which he has sustained in a motor accident.3. The appellant-claimant filed the claim petition through his mother, the natural guardian claiming compensation against the respondents in respect of the injuries, which he sustained in a motor accident. The tribunal by its impugned judgment and award has awarded compensation of Rs.20,000/- in all with interest at 6% p.a. from the date of the petition till realisation. The break-up of which is, towards injury, pain and suffering Rs.12.000/- towards conveyance, nourishing food and attendant charges Rs. 6,000/- and tovards medical expenses Rs.2.000/-. The claimant being aggrieved of the quantum of compensation is in appeal before this Court.4. The learned counsel for the app...

B.Taranath Nayak, S/O Sri B.Govinda Nayak. Vs. National Insurance Co. ...

Court: Karnataka

1. The claimant in MVC No. 187/02 on the file of Principal Civil Judge (Sr.Dn) and Addl. MACT Udupi. is the appellant in this appeal.2. It is claimed by the petitioner in his claim petition under Sec. 166 of the MV Act that on 14.10.2000 at about 4.30 p.m. while he was travelling In a bus bearing registration No.KA-19-5354, when the bus was near Siddapura of Kunigal Taluk, the driver lost control and dashed against road side tree. On account of the accident the petitioner sustained injuries and seek compensation of Rs.2 lakhs.3. Insurance Company has filed objections, contend that on verification of the records, the vehicle bearing Registration No. KA-19-5354 do not appear to have been insured with it. It is also contended that the first respondent, the owner of the vehicle has not produced the Registration Certificate. Tax Card, Fitness Certificate, Insurance particulars, driving licence of the driver as on the date of the accident. Fuither contend that the claim is exaggerated, plead...

Sri. G. Narahari S/O Late G. Shivappa Naik. Vs. the Hon’ble High Cou ...

Court: Karnataka

1. Heard the learned counsel for the petitioner and the learned Government Advocate.2. The petitioner was working as a Principal District and Sessions .Judge, Kolar. He was appointed directly as a District and Sessions Judge and he reported for duty on 1.2.1996. The petitioner had thereafter made a representation under Section 5(2) of the Karnataka State Civil Servants (Determination of Age) Act, 1974 (hereinafter referred to as ' the 1974 Act' for brevity) to this court on its administrative side, to alter his date of birth from 27.12.1954 to the actual date of birth, that is. 21.11.1955. The petitioner has given the details of his family members, namely, his brothers, sisters, and his parents and referred to their dates of birth, in order to establish his case that he could not have been born on any other date other than 21.11.1955 having due regard to the dates of birth of his brothers. On receipt of the representation, the first respondent, namely the Registrar - Vigilance. High Co...