Karnataka Court April 2011 Judgments

The State by Rural Police, Tumkur. Vs. KrishnappA. S/O Seebirangaiah, ...

Court: Karnataka

1. This appeal is filed by the State challenging the judgment dated 16.07.2003, passed by the third Additional Sessions Judge. Tumkur in S.C.No. 152/2001 acquitting the respondents of the offences punishable under Sections 3(1) (X) and (XI) of Schedule Caste/Schedule Tribe (Prevention Of Atrocities) Act 1989 and Section 323 read with 34 IPC.2. The case of the prosecution is that on 09.11.1991 at about. 7.30 p.m., in Vokkodi village, Harijan Colony accused had tried to outrage the modesty of PW. 1 Nagarathnamma knowing that she belongs to schedule caste community and abused her in the name of her caste, thereby, they are alleged to have committed offence punishable under Section 3(1)(X) and (XI) of Schedule Caste/Schedule Tribe (Prevention Of Atrocities) Act 1989. Further, it is alleged that the accused have assaulted by hands and caused her bodily pain and thereby, they have committed offence punishable under Section 323 read with 34 IPC.3. In order to prove the case, the prosecution h...

Zino Davidoff Sa a Corporation Organized Under the Laws of Switzerland ...

Court: Karnataka

(Prayer: This MFA is filed Under Order 43 Rule 1 (r) of C.P.C. Against the order dated 04.10.2010 passed on I.A.No.1 in O.S.No.6487/2010 on the file of the XVIII Additional City Civil Judge, Bangalore, (CCH.No.10) dismissing i.a.no.1 filed under order 39 rule 1 and 2 of C.P.C. for T.I.) 1. This is a plaintiff’s appeal questioning the correctness and legality of the order passed by the 18th Addl. City Civil Judge, Bangalore in O.S. 6487/2010 dated 04.10.2010 where under the applications filed by plaintiff I.A.No.I and II under Order 39 Rule 1 and 2 C.P.C. came to be dismissed. 2. It is contended that plaintiff is a Corporation organized under the laws of Switzerland having its office at Switzerland and is represented in India by its constituted attorney Mr.Rahul Sethi. It was contended that plaintiff has been carrying on the business under the name “DAVIDOFF” with its trade mark “DAVIDOFF” dating back to 1900. It was contended that said trade mark was first...

A. Chandrappa Vs. the Management of Bangalore Metropolitan Transport C ...

Court: Karnataka

(This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to call for the records on the file of the Presiding Officer, 1st Addl. Labour Court, Bangalore, pertaining to case No.38/2006 and quash the impugned award dated 18.11.2006 passed in Ref.No.38/09 by the First Additional Labour Court, Bangalore vide Annexure – B to the WP.) The appellant is a driver employed by the respondent. While on duty on 28.09.1998, he consumed liquor and picked up quarrel and misbehaved with the passengers. This constitutes misconduct under Karnataka State Road Transport Corporation Servants (Conduct and Discipline) Regulations 1971 (for short ‘the Regulations’). The Peenya police registered a case and arrested him. During the course of investigation by the police, he was subjected to breath analysis test at K.C. General Hospital and it was found that, the petitioner had consumed alcohol. Charge sheet was filed in C.C.24520/1998 and the petitioner was pr...

G.K. Venkatashiva Reddy Proprietor and Others Vs. Karnataka State Tran ...

Court: Karnataka

(Prayer: This WP is filed under Articles 226 and 227 of the Constitution of India Praying to quash the common and composite order of the Karnataka State Transport Appellate Tribunal passed in Appeal Nos. 125, 126, 129, 133/2002 and Appeal No. 1247/2001, 1269/2001 and 27/2002 filed by R2 to R5 against the grant of deviations made in favour of the petitioners 1 to 5 in its order dt. 30.10.2004, the copy of which has been delivered on 2.12.2004 in Annex.C. dismiss the said Appeals.) 1. Writ Appeal Nos.4052-54/2004 are filed by the petitioner in W.P.Nos.8807-8809/2001 being aggrieved by the order dated 6-8-2004 wherein the learned Single Judge of this Court has dismissed the writ petitions declining to interfere with the common order passed by the Karnataka State Transport Appellate Tribunal, Bangalore (hereinafter called the ‘KSTAT’) in R.P.Nos.828/1999, 1056/1999 and 1467/1999 dated 31-5-2000 vide Annexure-E to the writ petitions. 2. Writ Appeal No.2633/2004 is filed by the p...

The Section Officer, Hescom Ltd., and Others Vs. Smt. Parawwa and Othe ...

Court: Karnataka

ARAVIND KUMAR, J. 1. This is a defendants appeal namely by defendants 1 to 3 in O.S.No.269/2006 on the file of the 1st Additional Civil Judge (Sr. Dn), Gokak, questioning the correctness and legality of the Judgment and decree passed in the said suit on 10-9-2009 decreeing the suit for damages for Rs.15,51,379/- claimed by Legal heirs of a deceased employee who died due to electrocution. 2. Parties are referred to as per their rank in Trial Court. One Sri.Hanumanth Sontanavar, was employed as a lineman in Hubli Electricity Supply Company (hereinafter referred to as HESCOM for brevity) and had been appointed on 1-4-1984. The said Hanumanth Sontanavar while on duty on 11-3-2004 at about 9.30 A.M. along with H.P. Hussain Khan and two others by name Sri.B.R.Todavekar and R.Y. Dyamakkagol, lineman had gone to Beeragaddi area to the land of one Sri.Karigar to disconnect the cut joint and to reconnect it to a new line. Before engaging in the said work it was confirmed that there was no electr...

M/S Orange County Resorts and Hotels Limited Represented by Its Managi ...

Court: Karnataka

(Prayer: This CCC Is Filed Under Section 11 And 12 Of The Contempt Of Court Act Praying To Institute An Enquiry And Initiate Appropriate Actions Against The First And Second Accused For Willful Disobedience Of The Order Passed In W.P.No.27883/2010 (Gm-Keb) And Etc) 1. This contempt petition is filed alleging that the respondents to the proceedings have willfully disobeyed the lawful order passed by this Court on 18.11.2010 in W.P.27883/2010. In the said order, this Court reserved liberty to the complainants to challenge the impugned order in the writ petition. Further, it was made clear if the complainant files an appeal within four weeks from the date of the order before the appellate authority, the appellate authority was directed to receive the same without raising objection as to the limitation and dispose of the matter on its merits in accordance with law. 2. The grievance of the complainant in this petition is inspite of the aforesaid positive direction to the appellate authority...

Lokesh Vs. A.P. Devi and Another

Court: Karnataka

(Prayer: This MFA is filed U/S 173(1) of MV Act, against the Judgment and award dated 27.9.2006 passed in MVC No.29/1998 on the file of the Addl. Civil Judge, (Sr. Dn) Addl. MACT. Tumkur, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. This is claimant’s appeal questioning the correctness and legality of judgment and award passed by Civil Judge (Sr.Dn.) and MACT. Tumkur in MVC No.29/1998 dated 27.9.2006 whereunder claim petition came to be allowed in part by awarding a compensation of Rs.4,29,866/- with interest at 6% per annum from the date of petition till date of payment and insurer has been absolved of its liability and fastening liability on first respondent / owner. 2. A claim petition under Section 166 of the Motor Vehicles Act, 1988 was filed by the appellant seeking compensation of Rs.5,00,000/- with interest at 12% per annum contending that on 16-11-1997 at about 6.30 p.m. when he was travelling in a goods vehicle bearing...

Punjab National Bank Vs. V.G. Maheshwarappa and Co. and Others

Court: Karnataka

(This writ petition is filed under articles 226 and 227 of the constitution of India praying to quash the impugned order dt. 13.11.08, of the Prl. Civil Judge (Jr.Dn.), Davanagere vide Annexure-E passed in Ex-Case No.105/98, with a direction not to proceed against the petitioner, by allowing this WP with costs.) The facts in brief relevant for the purpose of this petition are as under: 2. The parties will be referred as per their rank before the Executing Court. The Respondent No.1 herein is the Decree Holder whereas Respondents 2 (a) to (e) are the Judgment Debtors and the petitioner herein is a Garnishee. The Decree Holder initially instituted O.S.No.4/1971 against the Judgment Debtor seeking recovery of an amount of Rs.30,438-17 with interest at 12% p.a., The said suit came to be transferred to the Addl.Civil Judge, (Jr.Dn.), Davanagere and was renumbered as O.S.No.24/1971. In O.S.No.24/1971, the Court passed an order of attachment of Rs.40,000/- from the account of the Judgment Deb...

S. Viswanatha, Bangalore Vs. Karnataka Power Transmission Corporation ...

Court: Karnataka

(Prayer: This writ appeal is filed U/S 4 of the Karnataka High Court Act praying to set aside the order passed in the writ petition No.3187/2006 dated 18/04/2006.) 1. This appeal is filed by the petitioner in W.P.No.3187/2006 being aggrieved by the order dated 18-4-2006 wherein the learned Single Judge of this Court has declined to interfere with the grant of prayer to declare that the respondents are entitled to adjust/make up the commuted amount of Rs.2,92,838/- which was paid to the petitioner at the end of 15 years or 180 months. 2. The appellant herein filed W.P.No.3187/2006 contending that he was in the services of the respondent; on attaining the age of superannuation, he retired from the services on 29-4-2000; he opted for commutation of portion of his pension in terms of the Karnataka Electricity Board Employees’ Service Regulation (hereinafter called the ‘Regulations’) governing the employees of the Corporation and he has been paid in lumpsum the 1/3rd commu...

Thimmarayappa and Another Vs. P.R. Manjunath and Another

Court: Karnataka

Reported in: 2011ILR(Kar)2143; 2011(5)KantLJ174

DR. BHAKTHAVATSALA, J 1. The appellants are the father and mother of the deceased Megha, aged about 9 years, who died in the motor accident that occurred on 03.10.2003. They are before this Court praying for enhancement of compensation towards death of their daughter. 2. The appellants are hereinafter referred to as ‘the claimants’. 3. The Appellants/claimants have urged in the memorandum of appeal that the Tribunal erred in ignoring the evidence of P.Ws.1 and 2 that the deceased was earning Rs.35/- to Rs. 40/- per day by working in a Tailoring shop. It is also contended that the deceased was aged about 10 years at the time of accident and in view of the decision in S.SANA ULLA AND ANOTHER vs A.R. SHIVASHANKAR AND OTHERS1, the tribunal should have been awarded compensation of Rs. 2,25,000/- instead of Rs.1,85,000/- 4. Learned Counsel for Respondent No.2/Insurance Company submits that the compensation of Rs. 1,80,000/- awarded by the Tribunal towards death of was aged about ...