Karnataka Court June 2011 Judgments
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Prabhulingappa H.M. Vs. the Divisional Controller K.S.R.T.C., Kolar
Court: Karnataka
Decided on: Jun-06-2011
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to issue a writ in the nature of certiorari quashing the award of the III Addl. Labour Court, Bangalore dated 31.10.2009 passed in reference No.14/2006 at Annexure-B and etc.) 1. WP No. 10292/2010 is filed by the workman while WP No. 7755/2010 by the Road Transport Corporation - employer calling in question the award dated 31.10.2009 in Reference No. 14/2006 of the III Addl. Labour Court, Bangalore. The challenge to the award by the workman is in so far as denying backwages, continuity of service for promotion and increments, consequential benefits, increments, promotions and withholding four annual increments with cumulative effect, by modifying the order terminating his services from the Corporation. The Road Transport Corporation has challenged the very same award in so far as exercise of discretion under Sec. 11-A of the Industrial Disputes Act, 1947, for short Act, to modify ...
H. Narayana Murthy, Son of. Hanumantharayappa Vs. State of Karnataka
Court: Karnataka
Decided on: Jun-05-2011
1. This appeal has been filed challenging the judgment dated 20.02.3004 parsed far the Additional Sessions Judge, Tumkur in Special Case No,67/2002 convicting the accused for the offences under Section 39 and 44 of the India Electricity Act, 1910 and sentencing him to undergo S.I. for 3 months and to pay a Ene of Rs. 10,000/- in default to undergo SI for 3 months for the offence under Section 39 of the Indian Electricity Act and further sentencing him to undergo B.I for 3 months for the offence under Section 44 of the Indian Electricity Act with a direction to run both (sentences concurrently). 2. It is the case of the prosecution that on 24.08,1999 at about 5:00 p.m. when this complainant along with CWs 2 to & inspected and visited the premises by name Lakshmi Engineering Works situated at Rantavala in Badavanahalli Hobli of Madhugiri Taluk, the accused was found to have token illegal electrical connection Irom the electric pole by using PVC wire and consumed electricity to run 5 ...
Mastan All Son of Ismail Sab Dukandar. Vs. the State of KarnatakA.
Court: Karnataka
Decided on: Jun-03-2011
1. Both these appeals have arisen from the same Judgment and Order of conviction/acquittal dated 24.11.2005 passed in S.C.No.78/2003 on the file of the learned II Addl. Sessions Judge, Gulbarga (hereinafter referred to as the Trial Court' for short). Therefore they are disposed of by this common Judgment. 2. Crl.A.No.571 of 2006 is filed by the complainant- State seeking conviction of accused Nos. 1 and 2 in the said case for the offences under Sections 120B. 147, 148 of IPC and under Section 3(2)(V) of S.C. and S.T. (Prevention of Atrocities) Act. 1989 (hereinafter referred to as the Atrocities Act', for short) and also seeking conviction of accused Nos.3 to 6 therein for all the offences under Sections 120B, 147, 148, 341 and 302 of IPC and under Section 3(2)(V) of Atrocities Act with which they were charged. Crl.A No 3526/08 is filed by accused No. 1 in the said case seeking his acquittal of the offences u/Ss.341 and 302 IPC both r/w Sec.34 IPC for which he has been convicted by the...
Sri. Veerabhadra Reddy. Son Veera Reddy. Vs. Sri. C. Gopal, So. C. Ros ...
Court: Karnataka
Decided on: Jun-03-2011
1. This appeal is by the claimant seeking for enhancement of the compensation in respect to the personal injuries which he has sustained in a motor accident that took place on 22.12.2004 at about 1.30 p.m. near Chowdenahalli involving a Lorry bearing No.KA 05 4496 owned by Respondent No. 1 and insured with Respondent No.2 at the relevant point of time. 2. It is the case of the claimant that he was aged about 35 years. Coolie by profession, earning more than Rs.5,000-/ p.m. On the date of the accident, he was riding his motor cycle from Chokkasandra towards Sarjapura road and while so proceeding and was near Chowdenahalli, a lorry bearing No.KA 05 4496 driven by its driver at a high speed in the appenani/claimant oemg aggrieved t quantum of compensation, is in appeal before this Court. a rash and negligent manner came and dashed against him. due to which, he fell down and sustained severe injuries which comprised of fracture to his right wrist joint and fore aim fracture of Clavical bon...
Sri P.Gangaiah. Vs. State by Police Inspector
Court: Karnataka
Decided on: Jun-03-2011
1. This criminal appeal is by the accused, who has been convicted for the offences punishable under Sections 7, 13(l)(d) read with 13(2) of the Prevention of Corruption Act, 1988 ("the Act' for short) and sentenced to undergo R.I. for two years and to pay a fine of Rs.5.000/- in respect of conviction under Section 7 and for four vears R.I. and to pay a fine of Rs.20,000/- in respect of conviction for the offence punishable under Section 13(l)(d) read with 13(2) and default sentences for non-payment of fine. 2. The case of the prosecution, in short, is that, complainant Margaret Shekhar had purchased a sue measuring 15 x 50 ft. from one Lakshmaiah in Subbayanapalya. Banasawadi. Bangalore, during 1999 and she approached the Bangalore City Corporation office in October 2001 with an application for change of khatha in her name. The appellant, at the relevant time, was working as the Tax Collector of the office of the Revenue Officer. Bnarat ninagara B.B.M.P.. and the accused demanded and a...
The State of KarnatakA. Vs. M.Chandu Mulya Son of Ramanna Mulya
Court: Karnataka
Decided on: Jun-03-2011
JUDGMENT 1. The State has filed this appeal against acquittal of respondent (hereinafter referred to as 'accused") for offences punishable under Sections 504 and 326 l.P.C. 2. We have heard Sri.N.S.Sampangiramaiah, learned Government Pleader for the State and Sri.Rajesh, learned counsel for accused. We have been taken through the evidence and impugned judgment. 3. In brief, the case of prosecution is as follows: PW. 1- Surappagowda and accused are neighbours and thev are residents of Madanur village, Puttur Taluk. Dakshina Kannada District. During the year 2002. regarding possession and enjoyment of certain vacant. there was civil dispute between PW. 1 and accused was watering the coconut saplings. PW. 1-.2002, at about 6.00 p.m.. the accused Surappagowda questioned the accused and told him not to water the coconut saplings. The accused abused him in filthy language. The accused assaulted on the chest and also on the hind portion of the head of PW. 1 with a club. The incident of assaul...
Dr Dhananjaya T N Son of T Nanjundaiah. and ors. Vs. State of Karnatak ...
Court: Karnataka
Decided on: Jun-03-2011
ORDER J.S.KHEHAR, C.J. (Oral) : 1. Statement of objections filed on behalf of respondents is taken on record subject to all just exceptions. Copy thereof has been furnished to the learned counsel for tfu-petitioners. 2. Having heard the learned counsel for the rival parties, we are satisfied, that the instant writ petitions can be disposed of without going into the technical intricacies I as also the factual position expressed by the rival parties in the pleadings. 3. It now emerges, that the Karnataka Civil Services (Regulation of Transfer of Medical Officers and other Staff) Act, 2011 has received the assent of the Governor of Karnataka. The aforestated legislation has been given effect to, with effect from 12.05.2011. 4. Our attention has also been invited to the order passed by this Court in Writ Petition No. 155/2011 dated 18.01.2011 (Sri Aravinda and others vs. State of Karnataka and others). The transfer ^orders passed by the State Government which ^s subject matter of challenge...
Smt. Savitha Wife of Sampath at Sampathkumar. Vs. Sri Jameel, Major. S ...
Court: Karnataka
Decided on: Jun-03-2011
1. This appeal is by the claimant seeking for enhancement of the compensation in respect of the personal injuries which she has sustained in a motor accident that tool; place on 7.12.2004 at about 7.45 p.m. near Sannegowdana colony situated on Hunsur-Rathnapuri road involving the vehicle bearing NO.KA-09-M-4074 owned by the first respondent and insured with the second respondent at the relevant point of time. 2. It is the case of the appellant/claimant that she was aged 22 years, tailor by profession earning more than 6,000/- p.m. On the date of accident the petitioner along with her husband was proceeding pillion rider in the scooter bearing Regn.No.KA-17-E-1377 ridden by her husband. When their scooter was near the spot of accident, a taxi bearing Regn.No.KA-09-M-4074 driven by its driver at a high speed in a rash and negligent manner came and dashed against their scooter. On account of the impact she and her husband fell down and she sustained grievous injuries i.e. fracture of both...
Suresh L Karkera Son. Sri, Laxmana KarkerA. Vs. the Divisional Control ...
Court: Karnataka
Decided on: Jun-03-2011
ORDER 1. Petitioner when employed as a trainee conductor in the respondent-Road Transport Corporation, and discharging duty, on 27.9.1999 in bus No, 526 enroute Bangalore-Mangalore was checked by the checking squad of the Bangalore Central Division at Udayapur. The checking squad found 40 passengers in the bus and the petitioner having committed the following irregularities: a) When the checking staid entered the bus, petitioner hurriedly issued three tickets of Rs,30/- denomination with irregular punches though he collected Rs.30/- from each of the passengers at earlier stage; b) the entry against columns in the way bill in respect of Rs.30/- denomination tickets were respect of other denomination tickets, only first digit was entered in the way bill kept blank between stages 28 to 34 while in. c) one ticket of Rs.31/- denomination issued to a passenger travelling from Hassan to Bellur cross was without punches and not accounted for in the way bill; d) failed to issue tickets of denom...
Mrs.Freny Rustumji Wife of Late Mr.R.H.Rustumji. Vs. Ms Rustumji Devel ...
Court: Karnataka
Decided on: Jun-03-2011
JUDGMENT 1. The plaintiffs in OS. No.5163/2000 have come up in this appeal impugning the one line order passed by the court below on JA.No. 16 filed under Order 39 Rule 2A. CPC. 2. Brief facts leading to this appeal are as under:-Appellants herein who are plaintiffs in the court below filed a suit, in OS.No.5163/2000 seeking specific performance of the agreement dated 31.3.1988 entered in to between them and defendants with reference to suit schedule properties. During the pendency of said proceedings, an order of temporary injunction was granted in favour of plaintiffs pursuant to an application filed by them under Order 39 Rules 1 and 2. CPC. which is not in dispute. It is contenaed by appellants herein that during the pendency of said interim order defendants herein have disposed off the suit schedule properties in utter disobedience to the order of the court below. Hence, plaintiffs filed an application in IA.16 under Order 39 Rule 2A. 3. It is an admitted fact that on the said app...
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