Karnataka Court March 2011 Judgments
M/S. Go Go Exports Pvt. Ltd. Vs. Government of Karnataka, Department o ...
Court: Karnataka
Decided on: Mar-25-2011
1. The petitioner, a private limited company was engaged in processing of fabrics in its industrial undertaking at Bisavanahal'i Village, besides Anandavana, Doddebaiiapur Taluk, Bangalore Rural District, by employing workmen. The petitioner has executed a sale deed dated 24.03.2008 in respect of the said establishment in favour of the 3rd respondent. The petitioner in order to discontinue the service of the workmen, who were on its rolls, paid retrenchment compensation by sending cheques, which have been returned by the workmen.2. The 2na respondent - employees union filed a complaint before the 1st respondent alleging violation of Sections 25-N and Section 33(1) of Industrial Disputes Act, 1947 (for short 'the Act'). The 1st respondent passed an order dated 11.09.2009 as at Annexure-D, holding that, the petitioner violated Sections 25-N and Section 33(1) of the Act and authorising the Labour Commissioner to take action. Questioning the legality of the said order, this writ petition h...
Tag this Judgment!Bangalore East Industrial Workers Union (R). Vs. the Assistant Labour ...
Court: Karnataka
Decided on: Mar-25-2011
1. The petitioner made an application on 18.5.10 before the 1st respondent to accord status of 'protected workmen' to four workmen of the 2nd respondent - establishment. The application contains the particulars and the names of four workmen who were requested to be declared as 'protected workmen'. Notice of the application was given to the 2nd respondent - Management of M/s. Molex India Pvt. Ltd. The 2M respondent filed its statement of objections on 17.8.10. The petitioner filed a reply dated 14.9.10 stating that application made being lawful, the permission sought may be accorded. The 1st respondent passed the Order dated 25.11.10 declining to accord permission to treat the four workmen suggested by the petitioner as protected workman and the application of the petitioner was dismissed. Aggrieved, the Union has filed this writ petition.2. Sri T.S. Anantharam, learned counsel appearing for the petitioner contended that, the l:f respondent without taking into consideration the material...
Tag this Judgment!Official Liquidator of M/S Shree Ambika Nadini Limited. Vs. Sri. Abdul ...
Court: Karnataka
Decided on: Mar-25-2011
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.2157/2002 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...
Tag this Judgment!Official Liquidator of M/S Shree Ambika Nadini Limited. Vs. Sri Pradee ...
Court: Karnataka
Decided on: Mar-25-2011
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.2317/2001 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...
Tag this Judgment!Sri Dr. Rajendra S S/O Late N Somashekaraiah. Vs. a V Ramesh S/O. Late ...
Court: Karnataka
Decided on: Mar-25-2011
1. This Revision Petition is filed under Section 397 of Cr.P.C. by the advocate for the petitioner praying that this Hon'ble Court may be pleased to set aside the order Annexure 'B' dated 3.1.2009 passed in Crl.A.No.204/2007 passed in the court of III Addl. District and Sessions Judge, at Mysore and confirm the order passed by the court of the IV Addl. Civil Judge (Jr.Dn.,) and JMFC. at Mysore on 2.7.2007 in C.O.No.468/2006 filed by the petitioner.2. l have heard the learned counsel for the revision petitioner and the learned counsel for the revision respondent. The material placed before this Court is sufficient to dispose of the matter at. this stage.3. The primary facts of the case is as under:The accused is acquainted with complainant. Accused borrowed a sum of Rs.25,000/- for his legal necessities. He agreed to pay the same to the complainant, but he did not repaid the amount. The complainant demanded the amount. Accused issued a cheque bearing No.393079 dated 28.7.2006 drawn on P...
Tag this Judgment!Smt. Roopashree W/O. Ravi ChandrA. T. Vs. Ravi Chandra .T S/O. C. Tham ...
Court: Karnataka
Decided on: Mar-25-2011
1. The respondent in M.C.1/2010 on the file of the Civil Judge (Sr. Dn.) at Maddur (Dist Mandya) has come up in this petition seeking transfer of the same to the Family Court at Mysore.2. The petitioner and respondent herein are respectively, wife and husband. Admittedly, their marriage has taken place on 27.02.1992, at Mysore and thereafter the parties settled down in the matrimonial house at Mandya. In the wedlock, the parties have two children, a male and a female, the son is aged about 16 years and the daughter is aged about 12 years, as on the date of tiling the petition.3. The case of the petitioner is that there is change in the attitude of her husband / respondent herein which has resulted in both of them staying separately. In the meanwhile, she has filed a. petition seeking declaration regarding custody of her children under Section 7 of the Guardian and Wards Act, 1890 in G & W.23/2009. When the said petition was pending, a petition was filed by her husband in M.C. 1/2010 un...
Tag this Judgment!Mr J Rajkamal S/O R Jalapathy. Vs. a Kumakavel. S/O Asirvatuam.
Court: Karnataka
Decided on: Mar-25-2011
1. The claimant in MVC No. 176/2008 en the file of V Addl. MACT. Court of Small Causes. Mayohall Unit, Bangalore, is the appellant.2. The case of the appellant is that on 25.11.200 at 8.00 pm, while he was riding motor cycle bearing Regn. No.TN-02/A-6322, theft the driver of the auto rickshaw bearing Regn. No.TN-23/AU-0828. has dashed against the petitioner. He was admitted to hospital. For the pain, suffering and agony suffered by him, claims compensation of Rs.6,00.000/-.3. Insurance Company has filed objections. Call t the petitioner to prove the accident, its impact. Contend that the liability is strictly in accordance with the policy subject to the driver of the vehicle had a valid driving licence. Plead for dismissal of the claim petition4. After framing of the issues, injured is examined as PW-1. PW-2 examined is the doctor. The learned member of the Tribunal while assessing the evidence has assessed the disability of the claimant at 10% and awarded compensation of Rs.2.10,600/-...
Tag this Judgment!Official Liquidator Of; M/S.Shrishma Firife Chemicals and Pharmaceutic ...
Court: Karnataka
Decided on: Mar-25-2011
1. Heard learned counsel for Official Liquidator and learned HCGP appearing, on behalf of first respondent. In this application following reliefs are sought for by Official Liquidator:a) direct the Superintendent of Police, Bangalore Rural District, Bangalore to conduct Inquiries, take the cognizance of the offence committed by persons who were involved in cutting, transporting, sale of Eucalyptus trees, to furnish the details of Eucalyptus trees recovered or seizure of vehicles mentioned in this office letter dated 07.07.2010 and connived in transporting the same out of the premises of the company to take action against guilty in accordance with law through jurisdictional police;b) direct the concerned jurisdictional police to extend all possible support to Security Agency to prevent trespassers from entering into the premises (illegally removing, destroying or damaging the goods of the company in liquidation which were in the custody of the Official Liquidator) which are deemed to be...
Tag this Judgment!The Oriental Insurance Co. Ltd. Vs. B Rangaraju S/O. Balan, and ors.
Court: Karnataka
Decided on: Mar-25-2011
1. This appeal is by the insurer of offending vehicle challenging the award made by the Tribunal on tiie ground of liability.2. Heard. The appeal is admitted and with the consent of learned Counsel appearing for the parties, it is taken up for final disposal.3. For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.4. Brief facts of the case as pleaded in the claim petition are:That on 13-9-06, when the claimant was a pedestrian on 80 feet, II Main road, near Govindappa and Son's shop, a mini lorry bearing registration No. KA-19-9309 came in a rash and negligent manner and dashed against him. As a result, the claimant fell down and sustained injuries. Hence, he filed a claim petition before the MACT, Bangalore, seeking compensation of Rs.5.55,000/-. The Tribunal by impugned judgment and award has awarded a compensation of Rs. 1.54.600/- with interest at 8% p.a. and directed the owner and the insurer of the offending vehicle...
Tag this Judgment!Smt. Laxmi, W/O. ChidanandA. Vs. Romeo SaldhanA. S/O Cyril Saldhana, a ...
Court: Karnataka
Decided on: Mar-25-2011
1. This appeal by the claimant, is directed against the impugned judgment; and award dated 27th November 2006, passed in M.V.C.No. 105/2005. by the 1 Additional District Judge. Member, Motor Accident Claims Tribunal-II. Dakshina Kannada, Mangalore. (for short, Tribunal) for enhancement, of compensation on the ground that, the compensation of Rs.22.750/- awarded in favour of the' claimant as against her claim for Rs.05.00 Lakhs, is inadequate.2. The appellant claims to be aged about 25 years. studying Diploma in Education and was hale and healthy prior to the date of accident. That the occurrence of accident at about 9:15 A.M.. on 11-12-2004 near Kapitanio in Mangalore on account of rash and negligent driving by the driver of the bus and the resultant injuries sustained by the appellant are not in dispute.3. It is the case of the appellant that on account of the accident, she has undergone treatment in the Hospital and sustained fracture of right scaphoid bone and she had restriction of...
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