Karnataka Court March 2011 Judgments
The Karnataka State Road Transport Corporation. Vs. Sri Thammanna, S/O ...
Court: Karnataka
Decided on: Mar-28-2011
1. Respondent was working as a driver at Chinthamani Depot of the petitioner Corporation. He remained absent from 12.12.03 onwards, without submitting leave application and obtaining prior permission from the concerned authority i.e., up to 27.3.04. An Articles of Charge, dated 27.3.04 for unauthorised absence, was issued against the respondent. A reply was submitted on 20.5.04. Finding the reply as not satisfactory, a disciplinary enquiry was ordered, which having been held, based on the findings, an order of dismissal dated 22.7.04 was passed.2. Respondent filed claim under S.10(4A) of Industrial Disputes Act, 1947, before the Labour Court, which was contested by the petitioner, by filing counter statement on 13.9.05. The Labour Court raised issues. Issue relating to fairness of enquiry was conceded by the respondent. Evidence having been adduced with regard to victimisation, Labour Court finding that the workman was taking treatment from 1.12.03 to 4.5.04 held that, the punishment i...
Tag this Judgment!The Bangalore Metropolitan Transport Corporation, and anr. Vs. Sri Sam ...
Court: Karnataka
Decided on: Mar-28-2011
1. The respondent, who was a badli driver in the employment of the 1st petitioner, having unauthorisedly absented himself from the work continuously from 9.2.1997, was issued with a charge and the matter was subjected to an enquiry. Upon receipt of the findings of unauthorised absence having been proved, an order of dismissal was passed on 8.9.1999 by the 2nd petitioner/Disciplinary Authority. A dispute under S.10(4-A) of the Industrial Disputes Act, 1947 ('the Act' for short) was instituted which was registered as I.D.No.237/1999 in the Court of the III Additional Labour Court, Bangalore. The petitioners filed counter statement and contested the claim. Issues were framed. Issue No.1 was treated as preliminary issue and after enquiry was answered in the affirmative holding that, the domestic enquiry conducted in the matter is fair and proper. No further evidence was adduced on behalf of the petitioners on the aspect of victimisation or quantum of punishment. The Labour Court though fou...
Tag this Judgment!United India Insurance Co. Ltd. Vs. R S. Naveen, and anr.
Court: Karnataka
Decided on: Mar-28-2011
1. This appeal is by the Insurer of offending vehicle challenging the award made by the Tribunal on the ground of liability.2 For the sake of convenience parties are referred to as they are referred to in the claim petition.3. Brief facts of the case as pleaded in the claim petition are:That on 30.06.2005 when the claimant was driving the car bearing registration No.KA-02-2135 along with his friends on B.M. Road it dashed against the road side tree near Beige Village, Sakaleshpura Town. Hassan District and as a result he sustained injuries. Hence, he filed a claim petition under .Section 163-A of M.V. Act before MACT, Bangalore seeking compensation of Rs.5.00,000/- and the Tribunal has awarded a compensation of Rs.84,000/ with interest at 6% p.a. and directed the owner and insurer of the offending vehicle to pay compensation to the claimant, jointly and severally.4. Learned Counsel appearing for the insurer submits that the claim petition filed under Section ^63 A of M.V. Act is not ma...
Tag this Judgment!A.F.Vishwanath. S/O Pakeerappa, and anr. Vs. Union of IndiA.
Court: Karnataka
Decided on: Mar-28-2011
1. This appeal is filed by parents of deceased V.Lohit challenging the Judgment dated 23.01.2009 passed in O.A.No.58/2006 on the file of Railway Claims Tribunal, Bangalore dismissing their petition seeking compensation for the death of their son. This appeal has come up today for admission in the presence of counsel for appellants and respondent.2. The case of the appellants is that, their son V.Lohit is said to have died in an accident, which has taken place on 13.03.2006 at K.M.No. 186/9-10 between Devanur and Banavar. The case of the applicants before the Tribunal is that the deceased V.Lohit is their son, on the ill-fated day, i.e., on 13.03.2006 he was in Davangere Railway Station at about 8.40 p.m.. to travel from Davangere to Bangalore in Train No.586, which is a passenger train. It is their case that on the said day train was heavily crowded and the deceased V.Lohit in the process of getting into the train, fell down from the train, which according to them is an untoward incide...
Tag this Judgment!Sri Arjun Singh Raj Purohit S/O Sri Chogalalji. Vs. Sri Syed Mansoorud ...
Court: Karnataka
Decided on: Mar-28-2011
1. Tenant is in revision under Section 46 of the Karnataka Rent Act, 1999, questioning the order dated 24.1.2011 passed on I.A.VII dismissing the application filed under Order XI Rule 14, C.P.C. read with Section 151, C.P.C. Along with the petition, Misc.Cvl.4221/11 seeking stay of the impugned order is filed.2. Heard regarding admission3. Undisputed facts are: Respondent filed a petition under Section 27(2)(r) of the Rent Act seeking eviction of the petitioner from the premises which is 3aid to be a shop bearing No.3 in property no.35 on Avenue Road Cross. Petitioner resisted his eviction contending landlord does not require the premises for his own use and occupation.4. Sri Sanghvi would contend that the landlord has vacated the premises in which he is alleged to be carrying on business and re-let the same and therefore, his claim that he requires the schedule premises for carrying on business is untenable. He submits to prove the said defence, documents like income tax returns from ...
Tag this Judgment!M/S.Sai Shankar Educational Trust. Vs. the General Manager, Department ...
Court: Karnataka
Decided on: Mar-28-2011
1. Petitioner is seeking a writ in the nature of mandamus directing the respondent-General Manager. Department of Banking Supervision, Reserve Bank of India, to consider the complaint given by the petitioner on 06.10.2010 vide Annexure-B.2. Petitioner is a registered trust registered under the provisions of the Indian Trust Act. It is running a residential Educational Institutions. Petitioner had availed loan of Rs.2,05.00,000/ from Canara Bank, Ponnampet Branch, Kodagu. As the petitioner committed default in repayment, of loan, the bank has filed O A.No.590/2010 against the petitioner. According to the petitioner, by making improper calculation of interest, the bank has forced the petitioner to give a proposal for one time settlement for final settlement of the amount of 2.90,00.000/-. Petitioner claims to have remitted Rs.5,00.000/- towards OTS initial payment. However, the said benefit of OTS was subsequently denied and notice was issued under the provisions of the Securitisation an...
Tag this Judgment!M/S. United India Insurance Co. Ltd. Vs. Kokila W/O Shankar Naika, and ...
Court: Karnataka
Decided on: Mar-28-2011
1. The second respondent. - insurance company in OR No.42/2007 on the file of Commissioner for Workmen's Compensation, Shimoga has come up in this appeal challenging the order dated 12.09.2008, passed therein to the limited extent of the wage taken at Rs.2,900/- in calculating the compensation payable to the claimant for the death of Shankar Naika,2. Brief facts leading to this appeal are as under-In this appeal parties are referred to by their rank before the Commissioner for Workmen Compensation for the sake of convenience.3. Deceased Shankar Naika, is stated to be an employee under the first respondent. He died in an accident, in the course of his employment under the first respondent. It is stated that the first respondent has taken policy to cover the risk of its workers in the course of their employment under 1st respondent. The said polity was taken by the first respondent with the second respondent. Hence, after death of Shankar Naika. his wife filed a petition seeking compensa...
Tag this Judgment!Sri a C Balaraj, Adv. Vs. Sri G M Srinivas Reddy, Adv.
Court: Karnataka
Decided on: Mar-28-2011
1. Accused in CC 526/01 on the File of Addl Civil Judge (Jr. On.) & JMFC, Kollegal are the revision petitioners.2. The charge against the accused is that both the accused have mortgaged their properly in revenue survey no.205/13 1 measuring 1 acre 50 cents, survey no.221/lA measuring 1 acre, survey No. 196/1 measuring 2 acres of Belthur village in labour of Chikkavenkatamma - PW1 for a sum of Rs.60,000/-. Executed a registered mortgage deed in favour of Chikkavenkatamma on 04.01.1996. Thereafter they created a redemption deed said to be executed by Chikkavenkatamma, got it registered before sub-registrar Mannur thereby the accused have committed offence under Section 467.468 IPC.3. The presence of the accused is secured, charge is trained. PWs.1 to 11 are examined, Ex.P1 to P21 are marked. The learned magistrate has recorded the statement of the accused under Section 313 Cr.PC. Thereafter found that the accused have raised the loan by mortgaging the property, wit I lout repayment of th...
Tag this Judgment!K. R. NarayanagoudA. S/O Late Rame GoudA. Vs. Assistant Executive Engi ...
Court: Karnataka
Decided on: Mar-28-2011
1. The petitioner joined the service as mazdoor/literate assistant under the 2nd respondent on 15.12.1985 on daily wages basis. The service of the petitioner was discontinued in the year 1988. A reference was made to the labour Court at Mysore under Section 10(1)(c) of I.D. Act. 1947 on 4.1.2002 and the reference was registered in case No. 15/2002 on the file of Labour Court at Mysore. The claim statement having been filed, the 2nd respondent was imp leaded subsequently. Counter statement was not filed. The petitioner adduced evidence. The Labour Court raised points for consideration and noticing the evidence of petitioner, found that the reference is untenable and rejected the same by its award dated 1.1.2010. Being aggrieved, the first party in the reference has filer. writ petition.2. Learned Counsel appearing for the petitioner contended that the rejection of the reference by the Labour Court is illegal, in as much as the evidence on record shows that the petitioner worked as a dai...
Tag this Judgment!Sri S K Nagesh, S/O Sri S T KrishnappA. Vs. Sri C L Sudhindra Kumar.
Court: Karnataka
Decided on: Mar-28-2011
1. Accused in CC no. 15574/05 on the tile of 16th Metropolitan Magistrate. Bangalore City is the revision petitioner herein.2. Facts pleaded by the complainant are as under: The accused has issued a cheque bearing No.553876 dt. 15.3.05 drawn on HDFC Bank J.P.Nagar Branch Bangalore, in favour of the complainant for Rs.1,53,000/-. This sum is arrears of licence fee payable by the accused in regard to the premises occupied by the family.3. The said cheque was presented for encashment it returned with an endorsement Dated 16.3.2005 to the effect, 'stop payment*. 3c the complainant got issued the legal notice dt. 13.4.05 calling upon the accused to pay the money. Notice is served, accused has sent, a reply notice, contentions in the reply notice are false, so pray for initiating action.4. The presence of the accused is secured, evidence is recorded. The complaint is filed by the Power of attorney holder. Power of attorney holder is examined by PW- 1 Exhibits P1 to P11 are marked. The accuse...
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