Karnataka Court March 2011 Judgments
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Smt. U. Prema W/O. K. Seetharama GowdA. Vs. Smt. Rangamma W/O. Lat0 Ma ...
Court: Karnataka
Decided on: Mar-01-2011
1. The petitioner is the plaintiff in O.S. No. 16601/2004 on the file of the Additional City Civil Judge, Mayo Hall. Bangalore, and respondent Nos. 3 and 2 are defendant Nos. 1 and 2 in the suit. The plaintiff filed the above suit against defendant Nos. 1 and 2 for specific performance of agreement of sale dated 12. 2.2003 saitl to have been executed by them in her favour. Defendant Nos.l and 2 wore placed exparte in the stiit. The 3rd defendant filed an application under Order I Rule 10 of the Code of Civil Procedure (for short the CPC) seeking permission to come on record as an additional defendant. The court bciow has allowed the application by its order elated, 12.7.2010. The petitioner has challenged the validity of the said order in this writ petition.2. Learned Counsel for the petitioner would contend that the suit filed by the plaintiff is against defendant Nos.l and 2 for specific performance of agreement of sale dated 12.12.2003 executed by them in tier favour. The 3rd defend...
S.N.Basavaraju S/O. Late NanjappA. Vs. the Deputy Labour Commissioner ...
Court: Karnataka
Decided on: Mar-01-2011
1. W.P. No.22320/10 is by the management and W.P. No.36393/10 is by the workman. The workman has questioned the orders passed by the Controlling Authority and also the Appellate Authority to the extent of denial of gratuity for the period from 28.4.69 to 28.2.72 i.e., when he was a temporary employee on daily wages pursuant to the order at Annexure-A dated 28.4.69 bearing Divisional Establishment Order No.423/69. The management has only questioned the order passed by the Appellate Authority.2. Heard the learned counsel on both sides and perused the writ petition papers.3. The workman was appointed as a badli conductor in the management Corporation on 28.4.69. Upto what period of time, he continued as a badli conductor, pursuant to the said order is not forthcoming. However, the workman having been permanently employed on 28.2.72, after attaining the age of superannuation, has retired from the service of the Corporation on 28.2.72.4. An application was filed before the Controlling Autho...
B P Kishore S/O. a Shankar Shetty. Vs. Vijaya Bank.
Court: Karnataka
Decided on: Mar-01-2011
1. Heard the learned counsel for the petitioner and the learned counsel for the respondents.2. The petitioner claims that he had joined the services of the respondent-Bank on 1.3.1973 as a Probationary Officer in Grade-Ill. Over time he was promoted and in the Middle Management Grade Scale-II in the year 1988. During the period 18.5.1989 to 31.5.1993 while the petitioner was working as Senior-Manager, Chickpet, Bangalore branch of the Bank, it is the petitioners case that the branch was stagnating and there was no business growth. Hence with a motive to secure the growth of the branch and to enhance its business, the petitioner put in due efforts and he had managed to achieve a deposit of Rs..21 crore as against the target of Rs. 5.25 crore. This is stated in order to indicate the zeal with which the petitioner was working for the respondent Bank. However, the petitioner was relieved from the Chiekpet branch in May, 1993. Five years thereafter, it is the case of the petitioner, that th...
Smt. Mariyambi Ghorikhan Pathan Vs. Gangadhar M. Gosavi and Another
Court: Karnataka Dharwad
Decided on: Mar-01-2011
(Prayer: This appeal is field u/s. 173(1) of MV Act against the judgment and award dated 07.02.2004 passed in MVC.No.54/2001 on the file of the Member, AMACT, Sirsi, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. Appeal by the injured-claimant against the order and award dated 07.02.2004 passed by the Member, Addl. MACT, Sirsi, in M.V.C.No.54/2001 dissatisfied with the quantum of compensation assessed at a sum of Rs.23,520/- by the Tribunal in respect of the injures and the consequential pain and suffering etc., by the injured-claimant attributable to the accident caused by motor vehicle bearing registration No.KA 22/M-885 while it was proceeding from Dandeli Patel Circle. 2. The injured, a daily wage earner lady had claimed compensation of Rs.2 lakhs saying that she has suffered grievous injuries such as crush lacerated wound on upper half of the left leg and other related injuries, that she had been an inpatient at Patel Nursing Home,...
Commissioner of Central Excise Vs. J K Industries Limited
Court: Karnataka
Decided on: Mar-01-2011
(Prayer: This CEA is filed under section 35G of the Central Excise Act, 1944 arising out of order dated 25-5-2006 passed in Final Order No.981/2006, in Appeal No.E/1122/05, praying to (i) formulate the substantial question of law stated therein (ii) set aside the final order of the Tribunal bearing No.981/06 dated 25-5-2006; (iii) set aside the order passed by CESTAT SZB, Bangalore in Final Order No.981/06 dated 25-5-2006 passed in Appeal No.E/1125/05.) 1. These two appeals are by the revenue challenging the order of the Tribunal which set aside the order of the Appellate Authority relating to appropriation of interest of Rs.24,415/- in one case and in another case on differential duty of Rs.48,72,582/-. 2. M/s. J.K. Industries Limited-the respondent has two plants - Vikrant Tyres - Plant I at Mysore and Truck Radial Plant-II at Hebbal Industrial Area, Metagalli, Mysore. They requested for provisional assessment in respect of clearances effected to their depots for effectin...
National Insurance Co. Ltd, Through Its Regional Office, Rep by Its As ...
Court: Karnataka
Decided on: Mar-01-2011
(Prayer: This MFA is filed u/s 30(1) of W.C. Act against the judgment dated 13.01.2009 passed in WCA/KAPAKA/NF-114/2002 on the file of the labour officer and commissioner for Workmen Compensation. Sub Division-2, Chikkamagalur, awarding a Compensation of Rs.1,21,996/- with interest @ 12% p.a.) 1. The 3rd respondent in WCA.NF.114/2002 on the file of Commissioner for Workmen’s Compensation, Chickmagalur has filed this appeal challenging the order dated 13.1.2009 awarding compensation to claimant in a sum of Rs.1,21,996/- payable with interest at 1`2% from 30th day of order till date of deposit of entire amount. 2. Brief facts leading to this appeal are: The case of claimant is that he was working as coolie in coffee estate of 1st respondent. It is also his case that on 21.3.2002 2nd respondent Sri.Annegowda, owner of tractor trailer bearing No.KA-18/T-912-913 directed him to load firewood to trailer of said tractor. When the work was being carried out due to detachment of trailer f...
The Branch Manager National Insurance Co Ltd Rep by M/S National Insur ...
Court: Karnataka
Decided on: Mar-01-2011
(Prayer: This MFA is filed U/s. 30(1) of WC act against the judgment dated: 3.8.2007 passed in WCA.F. No.13/2007 on the file of the Labour Officer and Commissioner for workmen’s compensation, Sub Division-1. Chikmagalur. Awarding a compensation of Rs.3,90,438/-.) 1. Second respondent- Insurer in WCA-13/2007 on the file of commissioner for Workmen’s compensation. Chikmagalur, has come up in this appeal challenging the order dated 03.08.2007 passed in the said proceedings awarding compensation to claimant in a sum of Rs.3,90,438/- payable with interest from 30th day of accident till date of deposit of entire amount. 2. Brief facts leading to this appeal are as under: Claimants are the parents of deceased Ramesh. Their case is that their son, Ramesh an employee in the coffee estate of first respondent met with an accident on 04.03.2004, in the course of his employment resulting in injuries to his spinal card. After the accident he underwent treatment for more than 6 months and...
Atlantic Shipping Pvt. Ltd. Vs. Union of India - by Its Secretary and ...
Court: Karnataka
Decided on: Mar-01-2011
(Prayer: Petition is filed under Art.226/227 of the Constitution praying to quash the orders of the 3rd respondent vide Annex.C, C1 to C5 hereto, the six orders of R2 vide Annex.D, D1 to D5 hereto and the orders passed on the revised applications filed by the petitioner with the first respondent vide Annex.M, M1 to M5.) Petitioner is before this Court seeking for quashing the orders passed by the 3rd respondent at Annexures, C, C1 to C5 and also the order of the 2nd respondent at Annexures D, D1 to D5 and also the orders on the revision applications filed by the petitioner before the 1st respondent at Annexures M, M1 to M5 and also to quash the letters dated 15.6.2004 at Annexure ‘G’ and 28.6.2004 at Annexure ‘H’ of respondents 4 and 5 demanding penalty and also to issue a writ directing the respondents to refund the amount of penalty paid with interest thereon and for such other relief. Petitioner is a company incorporated under the Companies Act of 1956 and en...