Karnataka Court May 2011 Judgments
Sree Sree Guru Vidyaranyara Vidya SamsThe and ors. Vs. State of Karnat ...
Court: Karnataka
Decided on: May-25-2011
1. The 1st petitioner is a Society registered under the Karnataka Societies Registration Act, I960. It has established primary, secondary and high school at No.5. 4-A Main. Kalyana Nagar. Nagarabavi Road, Bangalore-72. Petitioner Nos.2 to 10 were studying in 10th standard during the academic year 2010-11. The 1st petitioner made an application seeking permission of the 3rd respondent to permit petitioner Nos.2 to 10 to appear for the 10th standard examination tor the academic years 2010-11 held in the month of March, 201 1. The 3rd respondent refused to permit them to appear in the said examination as regular students. On the other hand, he permitted them to appear as private candidates. The petitioners, therefore, have filed these writ petitions seeking a direction to the respondents to permit petitioner Nos.2 to 10 to appear for the 10th standard examination Held during the month of March 2011 as regular students and for certain other reliefs. This Court has granted an interim order ...
Tag this Judgment!Kavitha Petitioner Malode Wife of Pradeep. Vs. S . K. Kumaraswsmy and ...
Court: Karnataka
Decided on: May-25-2011
1. This appeal is by the claimant seeking for enhancement of compensation in respect of the injuries which she has sustained in a motor accident. 2. Appellant-claimant instituted claim petition under Sec. 166 of MV Act in respect of the injuries which she sustained in a motor accident on 2.5.1998 at. about 9-30 p.m. while she was crossing 11th main road, 11th cross, Malleswaram involving scooter bearing No. KA 02 U-114 6 owned by R-l and insured with R-2 at the relevant point of time. 3 . It is her case that as on the date of accident she was 2 6 years, a house-wife by profession. She was hale and healthy as on the date of the accident. In the impugned accident she sustained fracture of both the bones of her left leg and other injuries for which she took treatment in Manipal North Side Hospital for a period of six days. During the said period, she was treated conservatively and the fracture sustained has not united properly. Therefore, she is unable to carry on her avocation which has ...
Tag this Judgment!State of Karnataka, Vs. Nashi Shekarappa Karedappa, Son of Karedappa,
Court: Karnataka
Decided on: May-25-2011
1. This criminal appeal is by the State by Lokayukta police calling in question the judgment, of acquittal passed by the learned Sessions Judge acquitting the respondent in respect of the offences punishable under Sections 7. 13(1) (d) r/w section 13(2) of the Prevention of Corruption Act, 1988 ('P.C.Act in short). 2. The case of the prosecution in short is that, the accused-respondent while working as a Village Accountant at Halehalli relvenue Circle, demanded a bribe amount of Rs. 1,500/- from the complainant in order to effect change of katha in favour of the complainant. The complainant, after making several attempts to get the katha changed by approaching the accused, finally went to the Lokayukta police and lodged the complaint as per Ex.P4. Thereafterwa r d s. the entrustment mahazar was conducted as per Ex.Pl and the complainant accompanied by the shadow witness PW-2. went to the office of the accused and accused demanded the bribe and it was given by the complainant to the acc...
Tag this Judgment!Channabasamma, Wife of P.L. PrasannA. Vs. the Land Acquisition Officer ...
Court: Karnataka
Decided on: May-25-2011
1. This appeal pay the claimant is directed against the judgment and award dated 30th September 2005 passed in L.A.C.No.2/2002, by the Civil Judge (Sr.Dn) and Additional CJM. Arsikere (hereinafter referred to as "the Reference Court , on the ground that the compensation awarded by the said Court is inadequate and needs enhancement. 2. By its impugned judgment and award, the Reference Court awarded a sum of 2.00.000/- with statutory benefits, as envisaged under the provisions of Section 23 of the Land Acquisition Act (hereinafter referred to as "the Act" for short), in respect of site in question, measuring 15 ft. x 20 ft., taking the escalation of the market value at 5% per annum. Being aggrieved by the same, the claimant/appellant has presented this appeal seeking enhancement of compensation. 3. Facts in a nutshell are that, the site bearing No.372 and Khata No.455, measuring 15 ft. x 20 ft., situate on the National Highway, opposite KSRTC Bus stand at Arasikere, was notified and acqu...
Tag this Judgment!Rajasekhar Gowda Wadigera Son of Basavarajappa Gowda WadigerA. Vs. the ...
Court: Karnataka
Decided on: May-25-2011
1. It is not a matter of dispute, that a lease was granted in favour of the petitioner for quarrying ordinary sand over 5 acres of land bearing Survey Nos.413 and 414 in the Krishna River Bed of Hayyal(B) village, Shahapur Taluk, Gulbarga District, on 17.1 1.2006. The aforesaid lease was for a period of one wear. Before the expiry of the lease granted to the petitioner for quarrying ordinarily sand, he moved an application dated 02.03.2007, seeking renewal thereof. By the impugned order dated 15.03.2007 (Annexure-D), renewal sought by the petitioner was declined by further informing him, that the mining lease would be granted only by way of public auctions. 2. The solitary contention advanced at the hands of the learned counsel for the petitioner was, that the request made by the petitioner tor extension of lease could have only been declined, after following the rules of natural justice. Insofar as the instant contention is concerned, learned counsel for the petitioner placed reliance...
Tag this Judgment!Sri K.Shivanna Son of Sri K.K.Shivappa and ors. Vs. Sri I.S. Prasanna ...
Court: Karnataka
Decided on: May-25-2011
1. These second appeals are filed against the judgment and decree dated 18.11.2004 in R.A. No. 236/2002 passed by the Principal Civil Judge (Senior Division) Davangere reversing the judgment and decree dated 31.10.2002 in O.S. No. 307/1994 passed by the Principal Civil Judge (Junior Division) at Davangere. 2. The appellants are the legal representatives of deceased plaintiff - K. Shivanna and the respondents are the defendants before the Trial Court. In this judgment for convenience the parties are referred to their status before the trial Court. injunction. 3. It is the case of the plaintiff that he is the absolute owner in possession and enjoyment of plaint schedule property having acquired the same under a registered sale deed dated 23.04.1970. Since the first defendant encroached a portion of plaint schedule property and had put up a temporary construction, the plaintiff filed O.S. No. 307/1994 for a decree to declare that he is the absolute owner of plaint schedule property, for m...
Tag this Judgment!United India Insurance Co. Ltd. Vs. N.Prakash, Son of M.Narasimhalu an ...
Court: Karnataka
Decided on: May-25-2011
1. Both these appeals are directed against the judgment and award in M.V.C.No.3815/2005 dated 19.12.2006 on the file of M.A.C.T., Bangalore. 2. M.F.A.No.9924/2007 is by the insurer questioning the liability to pay compensation whereas, M.F.A.No.6252/2007 is by the claimant seeking enhancement of compensation. 3. The brief facts leading to these appeals are as under: On 8.5.2005 at about 3 p.m. the claimant while moving on a motor cycle bearing No.KA-05/R-4931 near Yadavanahalli gate bridge. Hosur Road, Anekal taluk. Bangalore, a tempo bearing No.KA-05/9052 came in a high speed in a rash and negligent manner and dashed against the motor cycle of the claimant, as a result of which, he tell down and sustained grievous injury. 4. Before the Tribunal, the claimant got himself examined as PW-1 and also examined Doctor as PW-2 and produced Exs.Pl to PI7. On behalf of the insurer, Ex.R-1 - insurance policy and Ex.R-2 - driving licence of the driver of the tempo were marked. 5. The Tribunal on ...
Tag this Judgment!Smt. A.V. Channabasamma Vs. the Land Acquisition Officer and Assistant ...
Court: Karnataka
Decided on: May-25-2011
(Prayer: This MFA is filed U/S 54(1) of LA Act, against the judgment and award dated: 30/09/2005 passed in LAC.No.2/2002 on the file of the Civil Judge (Sr.Dn) and Addl.CJM, Arsikere, partly allowing the reference petition for enhanced compensation and seeking further enhancement of compensation.) 1. This appeal by the claimant is directed against the judgment and award dated 30th September 2005 passed in L.A.C.No.2/2002, by the Civil Judge (Sr.Dn) and Additional CJM, Arsikere (hereinafter referred to as “the Reference Court”), on the ground that the compensation awarded by the said Court is inadequate and needs enhancement. 2. By its impugned judgment and award, the Reference Court awarded a sum of Rs.2,00,000/- with statutory benefits, as envisaged under the provisions of Section 23 of the Land Acquisition Act (hereinafter referred to as “the Act” for short), in respect of site in question, measuring 15 ft. x 20 ft., taking the escalation of the market value a...
Tag this Judgment!United India Insurance Co. Ltd., Now Represented by Its Regional Manag ...
Court: Karnataka
Decided on: May-25-2011
(Prayer: M.F.A No. 9924/2007 is filed under Section 173(1) of MV Act against the judgment and award dated 19.12.2006 passed of Small Causes, Member, MACT-3 Metropolitan area, Bangalore, (SCCH.No.3) awarding a compensation of Rs. 1,36,000/- with interest @ 6% P.A. from the date of petition till deposit. M.F.A No. 6252/2007 is filed under Section 173(1) of MV Act against the judgment and award dated 19.12.2006 passed in MVC No. 3815/2005 on the file of the VII Addl. Judge, Member, MACT-3 Court of Small Causes, Bangalore, (SCCH-No.3), partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. Both these appeals are directed against the judgment and award in M.V.C. No. 3815/2005 dated 19.12.2006 on the file of M.A.C.T. Bangalore. 2. M.F.A. No. 9924/2007 is by the insurer questioning the liability to pay compensation whereas, M.F.A. No. 6252/2007 is by the claimant seeking enhancement of compensation. 3. The brief facts leading to these appeals are as u...
Tag this Judgment!A. Ganesh Reddy Vs. the Chief Traffic Manager, Bmtc, Central Offices, ...
Court: Karnataka
Decided on: May-25-2011
1. Petitioner, a driver in the respondent-Road Transport Corporation, remained absent from duty with effect from 6-10-2009 without prior permission and sanction of leave, leading to disciplinary proceedings by issue of articles of charge dated 12-11-2001. On an Enquiry Officer being appointed, domestic enquiry held into the charges, by extending reasonable opportunity of hearing, was followed by the submission of an enquiry report holding the charge proved. The Disciplinary Authority, on an independent assessment of the facts, circumstances and evidence, held the petitioner guilty of the charge of unauthorized absence and there being no material placed by the petitioner to justify the defence of absence from service due to treatment at Seva Kshetra and Victoria Hospital, for jaundice, coupled with the fact that the past record of service of the petitioner disclosed imposition of minor punishment on 10 occasions in the past for similar such proved misconduct of unauthorized absence, acc...
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