Karnataka Court March 2011 Judgments

Shafi and Others Vs. State of Karnataka

Court: Karnataka Gulbarga

1. Heard the learned Counsel appearing for the petitioners and the learned Government Advocate for respondent. 2. Sri Jannatul, S/o. Mastak, lodged a complaint on 20.2.2011 alleging the offences punishable under Sections 336, 337, 338 of IPC, against the petitioners and others. The same is registered in Crime No.25/11 in Yapaldinni Police Station. 3. The petitioners are the Engineers of the Karnataka Power Transmission Corporation Limited (KPTCL). The work of drawing new electrical line from Jurala Project in Andhra Pradesh to Raichur is in progress. The work of drawing the electrical line has been entrusted to the Contractor by name M/s. Vencer Electrical Company, Hyderabad. Accused Nos.1 to 5 (not before the Court) are the Officers of the Contractor Company. While entrusting the work, the KPTCL entered into contract with the Contractor Company. Clause 31.10 of the contract deals with `Work and Safety Regulations’. Clause 31.1. of the contract reads thus:- “31.1. The Cont...

B. Ramappa and Others Vs. Smt. A. Gangamma and Others

Court: Karnataka Dharwad

Reported in: 2012(3)KantLJ295; 2012(2)KCCR1163

(Prayer: This Writ Petition is filed under Article 226 and 227 of the constitution of India, praying to quash the impugned orders passed by the Assistant Commissioner bearing No.KAM.Parabare:35/05-06 dated: 04/03//2009 (Annexure-F) and Deputy Commissioner order bearing No.SAM/KAM/Appeal/19/2009-10 dated: 26/04/2010 (Annexure-G).) 1. Purchasers of agricultural land granted to persons belonging to scheduled castes/tribes or depressed classes as were otherwise known prior to such persons being identified or classified as SC/ST under the provisions of Constitution of India, are a disgruntled and disillusioned lot and with the draconian provisions of The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [for short, the Act], loads the dice against such persons who only fight a losing battle before the authorities and tribunals and only possibility being to prolong the litigation as far as possible, so that the enjoyment of the purchased lan...

Official Liquidator of M/S Shree Ambika Nadini Limited. Vs. Sri. Abdul ...

Court: Karnataka

1. This application is by O.L. invoking Section 446(3) of the Companies Act, 1956 where under the Official Liquidator seeks transfer of the Criminal Case in C.C. No.1501/2005 pending on the file of the Judicial Magistrate First Class Court at Puttur to Judicial Magistrate First Class Court at Bangalore.2. Heard learned Counsel for O.L. Perused the application and contents thereof. It is contended by Official Liquidator that erstwhile management of the Company in liquidation has filed complaint against respondent under Section 138 of Negotiable Instruments Act. 1988 for dishonour of cheque issued by him and same is pending in the Court of JMFC Puttur. It is contended that, under Section 446(3) of the Companies Act that any suit or proceeding by or against the company which is pending in any Court other than in which the winding-up of the company is pending can be transferred to and disposed of by Company Court and as such Official Liquidator seeks for transfer of the case from JMFC Putt...

Sri GovindappA. Vs. the State of Karnataka, and anr.

Court: Karnataka

Summary...

Official Liquidator of M/S. Hoysala Blow Moulders (India) Ltd. Vs. Srl ...

Court: Karnataka

1. Though the respondents were served in the original C.A. No. 101 of 2010 and had remained unrepresented which would mean that the respondents were placed ex parte in the original proceedings. Hence, in exercise of power under Order 41 Rule I4[1] of the CPC [Karnataka Amendment], notice to the respondents tor. considering the present application is dispensed with.2. Heard learned counsel for the official liquidator. Perused the application and the grounds urged therein.3. It is noticed horn the records that on filing of C.A. No. 101 of 2010, notice was ordered on the respondents and on account of non service of notice, official liquidator was permitted to take out notice by paper publication. Accordingly, it was taken out mid the same came to be accepted by this court dated 16.6.2010.4. It is thereafter the application in question has been filed where under the official liquidator has sought for amendment of C.A. No. 101 of 2010 by adding certain additional prayers. The ground urged i...

Sri.A.V.Phaniraj, S/O Late Sri.A.S.Venkatarama Rao. Vs. Smt.M.S.Gowri. ...

Court: Karnataka

1. In this writ petition, petitioner is challenging the order passed by the Judge of the Family Court rejecting the application I.A. No. 23 filed under Order 6 Rule 17 of the Code of Civil Procedure seeking amendment of the petition filed for dissolution of marriage.2. The petitioner is the husband. He has filed M.C.No.418/97 seeking dissolution of the marriage alleging acts of cruelty against his wife-respondent herein. The petition was earlier dismissed by the learned Judge of the Family Court. A Misc. First Appeal was filed by the petitioner before this Court and this Court set aside the order of dismissal and remanded the matter directing the Court below to consider the matter afresh. At this stage, the present application is made seeking amendment of the pleadings of the petition.3. Petitioner intends to incorporate certain additional averments regarding the acts of cruelty attributed to the petitioner. He intended to mention by way of amendment, details regarding the letters writ...

Gayathri @ B.GayathrammA. W/O. S.D.Ramu, and ors. Vs. the Manager, M/S ...

Court: Karnataka

1. Though this matter is posted for admission, with the consent of the learned counsel for the parties, the same is taken up for final hearing and is disposed of.2. This appeal by the claimants is directed against the impugned judgment and award dated 7th October 2006, passed in M.V.C.No. 6138/2005, by the XII Additional Judge and Member. Motor Accident Claims Tribunal. Metropolitan Area Bangalore, (for short, Tribunal) for enhancement of compensation on the ground that, the compensation of Rs. 4, 99.000/-awarded in favour of the claimants as against their claim for Rs. 15.00 lakhs. is inadequate. The facts in brief are that, the claimants appellants are respectively the wife, son and mother of the deceased Late S.D. Ramu. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 7:10 p.M, on 18-07-2005. when the deceased was standing in the Adakamaranahaili Bus stop on Bangalore-Tumkur Raod, lie met vvit.li an accident on account of rash and n...

Sri. K.T.Shankarappa, S/O. Thimmaiah, and anr. Vs. Sri. Shaik Ameer, S ...

Court: Karnataka

1. This appeal by the claimants is directed against the impugned judgment and award dated 16th April 2007. parsed in M.V.C. No. 1060/2006, by the District Judge. Fast Track Court-I and Motor Accident Claims Tribunal. Shirnoga, (for short. Tribunal) for enhancement of compensation on the ground that, the compensation of Rs.3,26.000/ awarded in favour of the claimants as against their claim for Rs.8.15.000/-, is inadequate.2. The facts in brief are that, the claimants appellants herein are none other than the parents of the deceased Late K.S. Nagaraj. They filed the claim petition initially under Section 166 of the Motor Vehicles Act and thereafter, the same was amended to Section 163-A of the Motor Vehicles Act. They contended that, at about 16:45 hours, on 13-04-2000. when the deceased K.S. Nagaraj was proceeding on his Motor Bike near F.T.I. Circle, Nandini Layout. Bangalore, he met with an accident on account of rash and negligent driving by the driver of Lorry bearing Registration N...

Mb. Dhiwar,s/O Babanrao Abaji. Vs. Syndicate Bank.

Court: Karnataka

1. Heard the learned counsel for the parties. 2. The facts briefly stated are as follows:-The petitioner was a practising advocate of the Mumbai High Court. He had joined the services of the Dena Bank as a Law Officer. While so working, he was appointed as a .Senior Law Officer in the Middle Management Grade Scale-Ill by direct recruitment in the respondent - bank He had joined the services of the bank on 23.1.1984. The petitioner was working as an officer in Senior Management Grade Scale-IV with the respondent and he was to retire from the services of the bank on reaching the age of superannuation on 28.2.2003. The petitioner contends that having regard to the minimum qualifying service prescribed under the promotion policy, be was entitled to be promoted to Senior Management Grade Scale-IV in the year 1987 and Senior Management Grade Scale-V in the year 1990 and Top Executive Grade Scale -VI in the year 1993 and Top Executive Grade Scale -VII in the year 1997. Since he was denied pro...

The Executive Engineer, Public Works Department, and ors. Vs. G.S.Kuma ...

Court: Karnataka

1. The respondent was a daily wage worker on NMR basis with effect from 4.1.84. He was refused work from 22.5.85. Dispute having arisen, a reference was made to the Labour Court on 30.9.96 i.e., after about 11 years. The Labour Court passed an Award on 24.11.09, directing reinstatement into service as daily wager on NMR basis with continuity of service. Backwages was denied. Aggrieved, the respondents in the dispute reference have filed this writ petition.2. Heard the learned counsel on both sides and perused the writ petition papers.3. The record shows that the respondent workman worked as a Literate Assistant on daily wage basis from 4.1.84 to 22.5.85. The Labour Court has recorded a finding that, there was continuous service of 240 days and noticing that, the refusal of work was not preceded by issue of notice and payment of retrenchment compensation, despite noticing the decision in the case of SECRETARY, STATE OF KARNATAKA AND OTHERS v. UMADEVI (3) AND OTHERS reported in (2006) 4 ...